do-me/EUR-LEX huggingface dataset:
Case T-454/11: Action brought on 11 August 2011 — Luna International v OHMI — Asteris (Al bustan)
Date: 2011-08-11
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011319EN.01002203.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/22





Action brought on 11 August 2011 — Luna International v OHMI — Asteris (Al bustan)
(Case T-454/11)
2011/C 319/48
Language in which the application was lodged: English

Parties


Applicant: Luna International Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Asteris Industrial and Commercial Company SA (Athens, Greece)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 May 2011 in case R 1358/2008-2;










—


Order the defendant and the other party to the proceedings to bear their own costs and pay those of the applicant.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘Al bustan’, for goods in classes 29, 30, 31 and 32 — Community trade mark registration No 3540846

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity grounded its request pursuant to Articles 51(1)(b) and 52(1)(a) of Council Regulation (EC) No 207/2009, and based its request on the earlier Greek trade mark registration No 137497 of the figurative mark ‘AL BUSTAN’, for goods in class 29

Decision of the Cancellation Division: Declared the Community trade mark invalid in respect of part of the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 53(1), 57(2) and 57(3) of Council Regulation No 207/2009, as the Board of Appeal wrongly concluded that the proprietor of the earlier national mark had furnished proof that during the five years preceding the date of the application for declaration of invalidity, the earlier mark had been put to genuine use in the Member State in which it was registered in connection with the goods for which it was registered or that there were proper reasons for non-use. Further the Board of Appeal made impermissible inferences from material of low (or no) evidentiary value.
Non-opposition to a notified concentration (Case COMP/M.6240 — Temasek/E Oppenheimer/Tana JV)  Text with EEA relevance
Date: 2011-08-11
Institutions: European Commission
Subjects: bank, economic concentration, investment company, merger control








C_2011235EN.01000102.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/1





Non-opposition to a notified concentration
(Case COMP/M.6240 — Temasek/E Oppenheimer/Tana JV)
(Text with EEA relevance)
2011/C 235/02
On 2 August 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6240. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 818/2011 of 11 August 2011 establishing a prohibition of fishing for haddock in EU and international waters of Vb and VIa by vessels flying the flag of Spain
Date: 2011-08-11
Institutions: European Commission
Subjects: EU waters, Spain, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2011209EN.01001401.xml










17.8.2011   


EN


Official Journal of the European Union


L 209/14








            COMMISSION REGULATION (EU) No 818/2011
of 11 August 2011
         
establishing a prohibition of fishing for haddock in EU and international waters of Vb and VIa by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2011.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 24, 27.1.2011, p. 1.




ANNEX






No


25/T&Q




Member State


Spain




Stock


HAD/5BC6A.




Species


Haddock (Melanogrammus aeglefinus)




Zone


EU and international waters of Vb and VIa




Date


4.7.2011
Commission Regulation (EU) No 819/2011 of 11 August 2011 establishing a prohibition of fishing for saithe in VI; EU and international waters of Vb, XII and XIV by vessels flying the flag of Spain
Date: 2011-08-11
Institutions: European Commission
Subjects: EU waters, Spain, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2011209EN.01001601.xml










17.8.2011   


EN


Official Journal of the European Union


L 209/16








            COMMISSION REGULATION (EU) No 819/2011
of 11 August 2011
         
establishing a prohibition of fishing for saithe in VI; EU and international waters of Vb, XII and XIV by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2011.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 24, 27.1.2011, p. 1.




ANNEX






No


24/T&Q




Member State


Spain




Stock


POK/56-14




Species


Saithe (Pollachius virens)




Zone


VI; EU and international waters of Vb, XII and XIV




Date


4.7.2011