do-me/EUR-LEX huggingface dataset:
Case T-426/09: Judgment of the General Court of 26 October 2011 — Bayerische Asphaltmischwerke v OHIM — Koninklijke BAM Groep (bam) (Community trade mark — Opposition proceedings — Application for the Community figurative mark BAM — Earlier national figurative mark BAM — Relative ground for refusal — Likelihood of confusion — No similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-10-26
Institutions: General Court
Subjects: EU trade mark, building industry, registered trade mark, trade-mark law








C_2011355EN.01001702.xml










3.12.2011   


EN


Official Journal of the European Union


C 355/17





Judgment of the General Court of 26 October 2011 — Bayerische Asphaltmischwerke v OHIM — Koninklijke BAM Groep (bam)
(Case T-426/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark BAM - Earlier national figurative mark BAM - Relative ground for refusal - Likelihood of confusion - No similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 355/29
Language of the case: English

Parties


Applicant: Bayerische Asphaltmischwerke GmbH & Co. KG für Straßenbaustoffe (Hofolding, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Koninklijke BAM Groep NV (Bunnik, Netherlands) (represented by: initially, J. van Manen, subsequently, J. van Manen and M. van de Braak, and lastly, J. van Manen and R. Sjoerdsma, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 August 2009 (Case R 1005/2008-2), relating to opposition proceedings between Bayerische Asphaltmischwerke GmbH & Co. KG für Straßenbaustoffe and Koninklijke BAM Groep NV

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Bayerische Asphaltmischwerke GmbH & Co. KG für Straßenbaustoffe to pay, in addition to its own costs, the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Koninklijke BAM Groep NV, including, as regards the latter, the costs necessarily incurred for the purposes of the proceedings before the Board of Appeal.






(1)  OJ C 11, 16.1.2010.
Case F-114/11: Action brought on 26 October 2011 — ZZ v Parliament
Date: 2011-10-26
Institutions: Civil Service Tribunal
Subjects: EU Member State, Luxembourg, State aid, control of State aid, family benefit, higher education, student, tax relief








C_2012006EN.01002703.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/27





Action brought on 26 October 2011 — ZZ v Parliament
(Case F-114/11)
2012/C 6/52
Language of the case: French

Parties


Applicant: ZZ (represented by: A. Salerno, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application for annulment of the Parliament’s decision to regard certain financial assistance from a Member State to students in higher education as an allowance of the same nature as family allowances and to deduct this financial assistance from the education allowance granted to the applicant, and annulment of the decision to recover amounts unduly received;

Form of order sought







—


Annul the two decisions that are implicit in the salary statement for March 2011 and adversely affect the applicant, namely (i) the decision to deduct the amount of financial assistance paid by the Centre de Documentation et d’Information sur l’Enseignement Supérieur de Luxembourg from the education allowance received by the applicant and (ii) the decision to recover amounts unduly received concerning the amount of education allowances received between October 2010 and February 2011;










—


Order the Parliament to pay the resulting arrears of remuneration together with corresponding default interest, calculated from the date those arrears were due, at the rate laid down by the European Central Bank for its main refinancing operations applicable during the period concerned, increased by two percentage points;










—


Order the Parliament to pay the costs.
Opinion of the European Economic and Social Committee on the ‘Amended proposal for a directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (recast)’ COM(2011) 319 final — 2009/0165 (COD)
Date: 2011-10-26
Institutions: European Economic and Social Committee
Subjects: EU migration policy, administrative procedure, children's rights, external border of the EU, refugee, right of asylum, right to justice








C_2012024EN.01007901.xml










28.1.2012   


EN


Official Journal of the European Union


C 24/79





Opinion of the European Economic and Social Committee on the ‘Amended proposal for a directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (recast)’
COM(2011) 319 final — 2009/0165 (COD)
2012/C 24/15
On 19 July 2011, the Council decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the

Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast)

COM(2011) 319 final — 2009/0165 (COD).
Since the Committee has already set out its views on the subject of the proposal in question in its opinion on the Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection (recast), adopted on 28 April 2010 (1), it decided, at its 475th plenary session of 26 and 27 October 2011 (meeting of 26 October), by 149 votes to none with 5 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, 26 October 2011.


The President of the European Economic and Social Committee

Staffan NILSSON




(1)  EESC opinion ‘Minimum standards on procedures in Member States for granting and withdrawing international protection (recast)’, OJ C 18 of 19.01.2011, p. 85.
US-EC Agreement on the promotion, provision and use of GALILEO and GPS satellite-based navigation systems *** European Parliament legislative resolution of 26 October 2011 on the draft Council decision on the conclusion of the Agreement on the promotion, provision and use of GALILEO and GPS satellite-based navigation systems and related applications between the European Community and its Member States, of the one part, and the United States of America, of the other part (11117/2011 – C7-0185/2011 – 2011/0054(NLE))
Date: 2011-10-26
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: United States, agreement (EU), ratification of an agreement, satellite communications, satellite navigation








CE2013131EN.01015601.xml










8.5.2013   


EN


Official Journal of the European Union


CE 131/156





Wednesday 26 October 2011US-EC Agreement on the promotion, provision and use of GALILEO and GPS satellite-based navigation systems ***
P7_TA(2011)0463
European Parliament legislative resolution of 26 October 2011 on the draft Council decision on the conclusion of the Agreement on the promotion, provision and use of GALILEO and GPS satellite-based navigation systems and related applications between the European Community and its Member States, of the one part, and the United States of America, of the other part (11117/2011 – C7-0185/2011 – 2011/0054(NLE))
2013/C 131 E/24
(Consent)

The European Parliament,






—


having regard to the draft Council decision (11117/2011),










—


having regard to the draft Agreement on the promotion, provision and use of GALILEO and GPS satellite-based navigation systems and related applications between the European Community and its Member States, of the one part, and the United States of America, of the other part (11575/2011),










—


having regard to the request for consent submitted by the Council in accordance with Articles 171 and 172 and point (a) of the second subparagraph of Article 218(6), and Article 218(8), of the Treaty on the Functioning of the European Union (C7-0185/2011),










—


having regard to Rules 81, 90(7) and 46(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Industry, Research and Energy (A7-0332/2011),










1.


Consents to the conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the United States of America.
Case T-72/10: Judgment of the General Court of 26 October 2011 — Intermark v OHIM — Natex International (NATY’S) (Community trade mark — Opposition proceedings — Application for Community word mark NATY’S — Earlier Community figurative mark Naty — Relative ground for refusal — Likelihood of confusion — Similarity of goods — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial rejection of opposition)
Date: 2011-10-26
Institutions: General Court
Subjects: EU trade mark, fruit juice, registered trade mark, trade-mark law








C_2011355EN.01001801.xml










3.12.2011   


EN


Official Journal of the European Union


C 355/18





Judgment of the General Court of 26 October 2011 — Intermark v OHIM — Natex International (NATY’S)
(Case T-72/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark NATY’S - Earlier Community figurative mark Naty - Relative ground for refusal - Likelihood of confusion - Similarity of goods - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial rejection of opposition)
2011/C 355/31
Language of the case: Italian

Parties


Applicant: Intermark Srl (Stei, Romania) (represented by: Á. László, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Natex International Trade SpA (Pioltello, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 December 2009 (Case R 953/2009-2) relating to opposition proceedings between Intermark Srl and Natex International Trade SpA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Intermark Srl to pay the costs.






(1)  OJ C 113, 1.5.2010.
Case T-555/11: Action brought on 26 October 2011 — tesa v OHIM — Superquimica (tesa TACK)
Date: 2011-10-26
Institutions: General Court
Subjects: EU trade mark, adhesive, registered trade mark, trade-mark law








C_2012006EN.01002101.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/21





Action brought on 26 October 2011 — tesa v OHIM — Superquimica (tesa TACK)
(Case T-555/11)
2012/C 6/38
Language in which the application was lodged: English

Parties


Applicant: tesa SE (Hamburg, Germany) (represented by: F. Schwab, lawyer)

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

Other party to the proceedings before the Board of Appeal: La Superquimica, SA (L’Hospitalet de Llobregat, Spain)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 July 2011 in case R 866/2010-1, and annul the decision of the Opposition Division in case No B 1301987; and










—


Order the defendant to bear the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘tesa TACK’, for goods in class 16 — Community trade mark application No 6233506

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Spanish trade mark registration No 585323 of the word mark ‘TACK’, for goods in class 16; Spanish trade mark registration No 2515958 of the figurative mark ‘TACK Ceys’, for goods in class 16

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the opposing marks.
Conclusion and provisional application of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway *** European Parliament legislative resolution of 26 October 2011 on the draft Council decision on the conclusion of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway (11114/2011 – C7-0184/2011 – 2011/0033(NLE))
Date: 2011-10-26
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: Norway, cooperation agreement (EU), satellite navigation, signature of an agreement








CE2013131EN.01015501.xml










8.5.2013   


EN


Official Journal of the European Union


CE 131/155





Wednesday 26 October 2011Conclusion and provisional application of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway ***
P7_TA(2011)0462
European Parliament legislative resolution of 26 October 2011 on the draft Council decision on the conclusion of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway (11114/2011 – C7-0184/2011 – 2011/0033(NLE))
2013/C 131 E/23
(Consent)

The European Parliament,






—


having regard to the draft Council decision (11114/2011),










—


having regard to the draft Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway (06647/2010),










—


having regard to the request for consent submitted by the Council in accordance with Articles 171 and 172 and point (a) of the second subparagraph of Article 218(6), and Article 218(8) of the Treaty on the Functioning of the European Union (C7-0184/2011),










—


having regard to Rules 81, 90(7) and 46(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Industry, Research and Energy (A7-0316/2011),










1.


Consents to the conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Kingdom of Norway.
Euro exchange rates
Date: 2011-10-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2011313EN.01000601.xml










26.10.2011   


EN


Official Journal of the European Union


C 313/6





Euro exchange rates (1)

25 October 2011
2011/C 313/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3918




JPY


Japanese yen


105,98




DKK


Danish krone


7,4452




GBP


Pound sterling


0,87010




SEK


Swedish krona


9,1110




CHF


Swiss franc


1,2253




ISK


Iceland króna


 




NOK


Norwegian krone


7,6855




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,906




HUF


Hungarian forint


297,07




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7040




PLN


Polish zloty


4,3815




RON


Romanian leu


4,3236




TRY


Turkish lira


2,4955




AUD


Australian dollar


1,3285




CAD


Canadian dollar


1,3926




HKD


Hong Kong dollar


10,8235




NZD


New Zealand dollar


1,7356




SGD


Singapore dollar


1,7565




KRW


South Korean won


1 568,10




ZAR


South African rand


10,9862




CNY


Chinese yuan renminbi


8,8528




HRK


Croatian kuna


7,4844




IDR


Indonesian rupiah


12 313,19




MYR


Malaysian ringgit


4,3525




PHP


Philippine peso


60,063




RUB


Russian rouble


42,4215




THB


Thai baht


42,923




BRL


Brazilian real


2,4241




MXN


Mexican peso


18,5666




INR


Indian rupee


68,9080






(1)  Source: reference exchange rate published by the ECB.
Case C-52/11 P: Order of the Court of 26 October 2011 — Fernando Marcelino Victoria Sánchez v European Parliament, European Commission (Appeal — Action for failure to act — Letter addressed to the Parliament and Commission — Response — Decision to take no further action — Appeal manifestly unfounded and manifestly inadmissible)
Date: 2011-10-26
Institutions: Court of Justice
Subjects: Spain, corruption, social security








C_2012073EN.01001101.xml










10.3.2012   


EN


Official Journal of the European Union


C 73/11





Order of the Court of 26 October 2011 — Fernando Marcelino Victoria Sánchez v European Parliament, European Commission
(Case C-52/11 P) (1)

(Appeal - Action for failure to act - Letter addressed to the Parliament and Commission - Response - Decision to take no further action - Appeal manifestly unfounded and manifestly inadmissible)
2012/C 73/18
Language of the case: Spanish

Parties


Appellant: Fernando Marcelino Victoria Sánchez (represented by: P. Suarez Plácido, abogado)

Other parties to the proceedings: European Parliament (represented by: N. Lorenz, N. Görlitz and P. López-Carceller, Agents), European Commission (represented by: I. Martínez del Peral and L. Lozano Palacios, Agents)

Re:

Appeal brought against the order of the General Court (Fourth Chamber) of 17 November 2010 in Case T-61/10 Victoria Sánchez v Parliament and Commission, by which the General Court dismissed an action seeking a declaration that the European Parliament and the European Commission failed to act, in so far as they unlawfully abstained from responding to the letter of 6 October 2009 sent by the appellant, an application for an injunction and a request for protective measures

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Victoria Sánchez is ordered to pay the costs.






(1)  OJ C 103, 2.4.2011.
Opinion of the European Economic and Social Committee on the ‘Amended proposal for a directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (recast)’ COM(2011) 320 final — 2008/0244 (COD)
Date: 2011-10-26
Institutions: European Economic and Social Committee
Subjects: EU migration policy, children's rights, external border of the EU, refugee, right of asylum, right to justice








C_2012024EN.01008001.xml










28.1.2012   


EN


Official Journal of the European Union


C 24/80





Opinion of the European Economic and Social Committee on the ‘Amended proposal for a directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (recast)’
COM(2011) 320 final — 2008/0244 (COD)
2012/C 24/16
On 19 July 2011, the Council decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the

Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (Recast)

COM(2011) 320 final — 2008/0244 (COD).
Since the Committee has already set out its views on the subject of the proposal in question in its opinion on the Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers (recast), adopted on 16 July 2009 (1), it decided, at its 475th plenary session of 26 and 27 October 2011 (meeting of 26 October), by 148 votes to 1 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, 26 October 2011.


The President of the European Economic and Social Committee

Staffan NILSSON




(1)  EESC opinion Minimum standards for the reception of asylum seekers, OJ C 317, 23.12.2009, p. 110.
Case T-436/09: Judgment of the General Court of 26 October 2011 — Dufour v ECB (Access to documents — Decision 2004/258/EC — ECB’s databases used for the preparation of reports on staff recruitment and mobility — Refusal of access — Action for annulment — Interest in bringing proceedings — Admissibility — Meaning of ‘document’ — Action for damages — Premature)
Date: 2011-10-26
Institutions: General Court
Subjects: access to EU information, database, job mobility, recruitment








C_2011355EN.01001703.xml










3.12.2011   


EN


Official Journal of the European Union


C 355/17





Judgment of the General Court of 26 October 2011 — Dufour v ECB
(Case T-436/09) (1)

(Access to documents - Decision 2004/258/EC - ECB’s databases used for the preparation of reports on staff recruitment and mobility - Refusal of access - Action for annulment - Interest in bringing proceedings - Admissibility - Meaning of ‘document’ - Action for damages - Premature)
2011/C 355/30
Language of the case: French

Parties


Applicant: Julien Dufour (Jolivet, France) (represented by: I. Schoenacker Rossi and H. Djeyaramane, lawyers)

Defendant: European Central Bank (ECB) (represented by: initially K. Laurinavicius and S. Lambrinoc, then S. Lambrinoc and P. Embley, Agents)

Interveners in support of the applicant: Kingdom of Denmark (represented by: B. Weis Fogh and S. Juul Jørgensen, Agents); Republic of Finland (represented by: initially J. Heliskoski, H. Leppo and M. Pere, then J. Heliskoski and H. Leppo, Agents); and Kingdom of Sweden (represented by: A. Falk, K. Petkovska and S. Johannesson, Agents)

Intervener in support of the defendant: European Commission (represented by: J.-P. Keppenne and C. ten Dam, Agents)

Re:

Application for, first, annulment of the decision of the Board of Directors of the European Central Bank, notified to the applicant by letter of the President of the ECB of 2 September 2009, refusing to grant the applicant access to the databases used for the compilation of reports on its staff recruitment and mobility and, second, delivery up to the applicant of the databases in question, and, finally, a claim for damages for the loss allegedly suffered by the applicant as a result of the refusal of his application for access

Operative part of the judgment

The Court:






1.


Annuls the decision of the Board of Directors of the European Central Bank (ECB) notified to Mr Julien Dufour by letter of the President of the ECB of 2 September 2009;










2.


Dismisses the remainder of the action;










3.


Orders the ECB to bear its own costs and to pay those incurred by Mr Dufour;










4.


Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.






(1)  OJ C 11, 16.1.2010.