do-me/EUR-LEX huggingface dataset:
Case T-325/09 P: Judgment of the General Court of 21 September 2011 — Adjemian and Others v Commission (Appeals — Civil service — Agents — Contract of employment for a fixed period — Refusal to conclude a new contract of employment or to renew a contract of employment for an indefinite period — Framework Agreement on fixed-term work — Directive 1999/70/EC — Article 88 of the CEOS — Commission decision concerning the maximum duration of the recourse to non-permanent staff in the Commission’s services)
Date: 2011-09-21
Institutions: General Court
Subjects: job security, servant (EU), termination of employment, work contract








C_2011319EN.01001603.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/16





Judgment of the General Court of 21 September 2011 — Adjemian and Others v Commission
(Case T-325/09 P) (1)

(Appeals - Civil service - Agents - Contract of employment for a fixed period - Refusal to conclude a new contract of employment or to renew a contract of employment for an indefinite period - Framework Agreement on fixed-term work - Directive 1999/70/EC - Article 88 of the CEOS - Commission decision concerning the maximum duration of the recourse to non-permanent staff in the Commission’s services)
2011/C 319/32
Language of the case: French

Parties


Appellant: Vahan Adjemian (Angera, Italy) and the 175 agents and former agents of the European Commission whose names appear in annex to the judgment (represented by: S. Orlandi, A. Coolen, J-N. Louis and É. Marchal, lawyers)

Other parties to the proceedings: European Commission (represented by: J. Currall and D. Martin, Agents); and Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) delivered on 4 June 2009 in Joined Cases F-134/07 and F-8/08 Adjemian and Others v Commission (not yet published in the ECR), asking for that judgment to be set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 4 June 2009 in Joined Cases F-134/07 and F-8/08 Adjemian and Others v Commission in so far as it found that there was no need to adjudicate on the claims made by the applicants in Case F-134/07 whose names appear in annex against the decision rejecting their complaints;










2.


Dismisses the appeal as to the remainder;










3.


The action brought by the applicants in Case F-134/07 whose names appear in annex is dismissed to the extent that that action seeks the annulment of the decisions rejecting their complaints.










4.


Orders Vahan Adjemian and the 175 agents and former agents of the European Commission whose names appear in annex to bear their own costs and to pay those incurred by the Commission and the Council of the European Union in these proceedings.






(1)  OJ C 256, 24.10.2009.
Case T-141/05 RENV: Order of the General Court of 21 September 2011 — Internationaler Hilfsfonds v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to contract LIEN 97/2011 — Refusal of access — Fresh examination in the course of proceedings — Bringing of a separate action — Disappearance of the interest in bringing proceedings — No need to adjudicate)
Date: 2011-09-21
Institutions: General Court
Subjects: access to EU information, administrative contract, administrative transparency








C_2011340EN.01002002.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/20





Order of the General Court of 21 September 2011 — Internationaler Hilfsfonds v Commission
(Case T-141/05 RENV) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to contract LIEN 97/2011 - Refusal of access - Fresh examination in the course of proceedings - Bringing of a separate action - Disappearance of the interest in bringing proceedings - No need to adjudicate)
2011/C 340/41
Language of the case: German

Parties


Applicant: Internationaler Hilfsfonds e.V. (Rosbach, Germany) (represented by: H. Kaltenecker, lawyer)

Defendant: European Commission (represented by: P. Costa de Oliveira and T. Scharf, acting as Agents)

Re:

Annulment of the decision of the Commission of 14 February 2005, refusing Internationaler Hilfsfonds full access to the file relating to the contract ‘LIEN 97-2011’

Operative part of the order







1.


There is no longer any need to adjudicate on the form of order sought by Internationaler Hilfsfonds e.V. seeking annulment of the decision of the European Commission of 14 February 2005 refusing its request for access to the file relating to the contract LIEN 97-2011.










2.


Internationaler Hilfsfonds shall bear its own costs and pay those incurred by the Commission.






(1)  OJ C 143, 11.6.2005.
Case T-201/09: Judgment of the General Court of 21 September 2011 — Rügen Fisch v OHIM — Schwaaner Fischwaren (SCOMBER MIX) (Community trade mark — Invalidity proceedings — Community word mark SCOMBER MIX — Absolute grounds of refusal — Descriptive Character — Article 7(1)(b) and (c) of Regulation EC No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
Date: 2011-09-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011319EN.01001502.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/15





Judgment of the General Court of 21 September 2011 — Rügen Fisch v OHIM — Schwaaner Fischwaren (SCOMBER MIX)
(Case T-201/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark SCOMBER MIX - Absolute grounds of refusal - Descriptive Character - Article 7(1)(b) and (c) of Regulation EC No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
2011/C 319/29
Language of the case: German

Parties


Applicant: Rügen Fisch AG (Sassnitz, Germany) (represented by: O. Spuhler and M. Geitz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Schwaaner Fischwaren GmbH (Schwaan, Germany) (represented by: A. Jaeger-Lenz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 230/2007-4), relating to invalidity proceedings between Rügen Fisch AG and Schwaaner Fischwaren GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Rügen Fisch AG to bear the costs.






(1)  OJ C 180, 1.8.2009.
Case C-378/11 P: Order of the Court (Eighth Chamber) of 21 September 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA (Appeal — Community trade mark — Proceedings before the Board of Appeal of OHIM — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)
Date: 2011-09-21
Institutions: Court of Justice
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2012025EN.01002402.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/24






Order of the Court (Eighth Chamber) of 21 September 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA
(Case C-378/11 P) (1)

(Appeal - Community trade mark - Proceedings before the Board of Appeal of OHIM - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)
(2012/C 25/43)
Language of the case: English

Parties


Appellant: Longevity Health Products, Inc. (represented by: J. Korab, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA

Re:

Appeal against the order of the General Court (Second Chamber) of 15 April 2011 in Case T-95/11 Longevity Health Products v OHIM — Biofarma (VITACHRON MALE) by which that court dismissed an action brought by the applicant for the word mark ‘VITACHRON MALE’ for goods and services in, inter alia, Class 5 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 January 2011 in Case R 1356/2010-4, declaring that the appeal against the Opposition Division’s decision — which refused registration of that mark in the opposition proceedings brought by the proprietor of the national marks ‘VITATHION’ for goods and services in Class 5 — was deemed not to have been filed since the appeal fee had not been paid within the time-limit.

Operative part of the order







1.


The appeal is dismissed.










2.


Longevity Health Products, Inc. shall bear its own costs.






(1)  OJ C 269, 10.9.2011.
Case T-268/10: Order of the General Court of 21 September 2011 — PPG and SNF v ECHA (Actions for annulment — REACH — Identification of acrylamide as a substance of very high concern — Time-limit for bringing an action — Inadmissibility)
Date: 2011-09-21
Institutions: General Court
Subjects: chemical product, dangerous substance, disclosure of information, health risk








C_2011340EN.01002202.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/22





Order of the General Court of 21 September 2011 — PPG and SNF v ECHA
(Case T-268/10) (1)

(Actions for annulment - REACH - Identification of acrylamide as a substance of very high concern - Time-limit for bringing an action - Inadmissibility)
2011/C 340/46
Language of the case: English

Parties


Applicants: Polyelectrolyte Producers Group GEIE (PPG) (Brussels, Belgium); and SNF SAS (Andrézieux-Bouthéon, France) (represented: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkila and W. Broere, Agents);

Interveners in support of the defendant: the Kingdom of the Netherlands (represented by: M. Noort et J. Langer, Agents); and the European Commission (represented by: P. Oliver and E. Manhaeve, Agents)

Re:

Application for annulment of the decision of the ECHA identifying acrylamide (EC No 201-173-7) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1) and including acrylamide in the candidate list for eventual inclusion in Annex XIV to the Regulation, taken pursuant to Article 59 thereof.

Operative part of the order







1.


The application is dismissed as inadmissible.










2.


Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS shall bear their own costs and those incurred by the European Chemicals Agency (ECHA).










3.


The Kingdom of the Netherlands and the European Commission shall bear their own costs.






(1)  OJ C 274, 9.10.2010.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund’ COM(2011) 336 final — 2011/0147 (COD)
Date: 2011-09-21
Institutions: European Economic and Social Committee
Subjects: European Globalisation Adjustment Fund, dismissal, employment aid, globalisation, integration into employment








C_2011376EN.01011601.xml










22.12.2011   


EN


Official Journal of the European Union


C 376/116





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund’
COM(2011) 336 final — 2011/0147 (COD)
2011/C 376/21
On 14 and 19 July 2011 respectively, the Council and the European Parliament decided to consult the European Economic and Social Committee, under Article 175, third paragraph of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund

COM(2011) 336 final — 2011/0147 (COD).
Since the proposal in question has no further purpose than to extend a temporary derogation brought about by Regulation (EC) No 546/2009, and since the Committee has already set out its views on the subject in its earlier opinion CESE 627/2009 (1), adopted on 24 March 2009, it decided, at its 474th plenary session of 21 and 22 September 2011 (meeting of 21 September 2011), by 160 votes to 2 with 12 abstentions, not to draw up a new opinion on the subject, but to refer to the position it had taken in the above-mentioned document.

Brussels, 21 September 2011.


The President of the Economic and Social Committee

Staffan NILSSON




(1)  EESC opinion on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund COM(2008) 867 final – COD 2008/0267 – OJ C 228, 22.9.2009, p. 103.
Case T-346/10: Order of the General Court of 21 September 2011 — Borax Europe v ECHA (Action for annulment — REACH — Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern — No direct concern — Inadmissibility)
Date: 2011-09-21
Institutions: General Court
Subjects: chemical product, dangerous substance, disclosure of information, health risk








C_2011340EN.01002301.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/23





Order of the General Court of 21 September 2011 — Borax Europe v ECHA
(Case T-346/10) (1)

(Action for annulment - REACH - Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern - No direct concern - Inadmissibility)
2011/C 340/48
Language of the case: English

Parties


Applicant: Borax Europe Ltd (London, United Kingdom) (represented by: K. Nordlander, lawyer, and H. Pearson, Solicitor)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, Agents and by J. Stuyck and A.-M. Vandromme, lawyers)

Intervener in support of the defendant: European Commission (represented by: P. Oliver and E. Manhaeve, Agents, and by K. Sawyer, Barrister)

Re:

Application for annulment of the decision of the ECHA, published on 18 June 2010, identifying boric acid (EC No 233-139-2) and disodium tetraborate, anhydrous (EC No 215-540-4) as substances meeting the criteria referred to in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1), and including those substances in the candidate list for eventual inclusion in Annex XIV to Regulation No 1907/2006, in accordance with Article 59 of that regulation.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Borax Europe Ltd shall bear its own costs and pay those incurred by the European Chemicals Agency (ECHA).










3.


The European Commission shall bear its own costs.






(1)  OJ C 288, 23.10.2010.
Case T-492/11: Action brought on 21 September 2011 — ‘Rauscher’ Consumer Products v OHIM (Representation of a tampon)
Date: 2011-09-21
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2011355EN.01002001.xml










3.12.2011   


EN


Official Journal of the European Union


C 355/20





Action brought on 21 September 2011 — ‘Rauscher’ Consumer Products v OHIM (Representation of a tampon)
(Case T-492/11)
2011/C 355/36
Language of the case: German

Parties


Applicant:‘Rauscher’ Consumer Products GmbH (Vienna, Austria) (represented by M. Stütz, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 July 2011 in Case R 2168/2010-1;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: figurative mark, representing a tampon, for goods in Classes 3 and 5

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009 as the Community trade mark concerned has distinctive character
Case T-1/10: Order of the General Court of 21 September 2011 — PPG and SNF v ECHA (Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Act not amenable to review — Inadmissibility)
Date: 2011-09-21
Institutions: General Court
Subjects: chemical product, dangerous substance, health risk








C_2011340EN.01002102.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/21





Order of the General Court of 21 September 2011 — PPG and SNF v ECHA
(Case T-1/10) (1)

(Action for annulment - REACH - Identification of acrylamide as a substance of very high concern - Act not amenable to review - Inadmissibility)
2011/C 340/44
Language of the case: English

Parties


Applicants: Polyelectrolyte Producers Group GEIE (PPG) (Brussels, Belgium) and SNF SAS (Andrézieux-Bouthéon, France) (represented initially by: K. Van Maldegem, P. Sellar and R. Cana, and subsequently by: K. Van Maldegem and R. Cana, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, and J. Stuyck, lawyer)

Intervener in support of the form of order sought by the defendant: Kingdom of the Netherlands (represented by: C. Wissels, J. Langer, Y. de Vries and M. de Ree, acting as Agents; and European Commission (represented initially by: P. Oliver and G. Wilms, and subsequently by: P. Oliver and E. Manhaeve, acting as Agents)

Re:

Annulment of the decision of ECHA of 7 December 2009 identifying acrylamide (EC No 201-173-7) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1) in accordance with Article 59 of Regulation 1907/2006

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS shall bear their own costs and those incurred by the European Chemicals Agency (ECHA).










3.


SNF shall bear the costs relating to the interim proceedings.










4.


The Kingdom of the Netherlands and the European Commission shall bear their own costs.






(1)  OJ C 63, 13.3.2010.
Euro exchange rates
Date: 2011-09-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2011276EN.01000401.xml










21.9.2011   


EN


Official Journal of the European Union


C 276/4





Euro exchange rates (1)

20 September 2011
2011/C 276/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3710




JPY


Japanese yen


104,92




DKK


Danish krone


7,4471




GBP


Pound sterling


0,87230




SEK


Swedish krona


9,1198




CHF


Swiss franc


1,2064




ISK


Iceland króna


 




NOK


Norwegian krone


7,7615




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,653




HUF


Hungarian forint


290,33




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


4,3660




RON


Romanian leu


4,2850




TRY


Turkish lira


2,4431




AUD


Australian dollar


1,3332




CAD


Canadian dollar


1,3580




HKD


Hong Kong dollar


10,6849




NZD


New Zealand dollar


1,6632




SGD


Singapore dollar


1,7247




KRW


South Korean won


1 567,58




ZAR


South African rand


10,4847




CNY


Chinese yuan renminbi


8,7529




HRK


Croatian kuna


7,4784




IDR


Indonesian rupiah


12 204,88




MYR


Malaysian ringgit


4,2768




PHP


Philippine peso


59,608




RUB


Russian rouble


43,1365




THB


Thai baht


41,706




BRL


Brazilian real


2,4387




MXN


Mexican peso


17,9221




INR


Indian rupee


65,8830






(1)  Source: reference exchange rate published by the ECB.
Case T-34/08: Judgment of the General Court of 21 September 2011 — Berliner Institut für Vegleichende Sozialforschung v Commission (Financial assistance paid in the context of the Daphné II program — Determination of the amount to be paid to the beneficiary — Erroneous assessment)
Date: 2011-09-21
Institutions: General Court
Subjects: EU financing, action programme, child protection, help for victims, violence, woman








C_2011319EN.01001201.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/12





Judgment of the General Court of 21 September 2011 — Berliner Institut für Vegleichende Sozialforschung v Commission
(Case T-34/08) (1)

(Financial assistance paid in the context of the Daphné II program - Determination of the amount to be paid to the beneficiary - Erroneous assessment)
2011/C 319/21
Language of the case: German

Parties


Applicant: Berliner Institut für Vergleichende Sozialforschung eV (Berlin, Germany) (represented by: initially, B. Hening, then U. Claus and, finally, S. Reichmann and L.-J. Schmidt, lawyers)

Defendant: European Commission (represented by: initially, S. Grünheid and B. Simon, then S. Grünheid and F. Dintilhac, Agents)

Re:

Application for the annulment of the Commission's decision of 16 November 2007 concerning the Commission's partial non-recognition of the costs incurred by the applicant in the context of Daphné Grant Agreement JAI/DAP/2004-2/052/W.

Operative part of the judgment

The Court:






1.


Annuls the Commission's decision of 16 November 2007 concerning its partial non-recognition of the costs incurred by Berliner Institut für Vergleichende Sozialforschung eV in the context of Daphné Grant Agreement JAI/DAP/2004-2/052/W in so far as concerns the expenses relating to items A6, A39, A40, A41, A43 and E41;










2.


Orders Berliner Institut für Vergleichende Sozialforschung to bear two thirds of its own costs and two thirds of the costs incurred by the European Commission. The Commission shall bear a third of its own costs and a third of the costs incurred by Berliner Institut für Vergleichende Sozialforschung.






(1)  OJ C 79, 29.3.2008.