do-me/EUR-LEX huggingface dataset:
Case T-567/11: Action brought on 31 October 2011 — Viejo Valle v OHIM — Etablissements Coquet (Soup-plate with grooves)
Date: 2011-10-31
Institutions: General Court
Subjects: EU trade mark, ceramics, household article, registered trade mark, trade-mark law








C_2012032EN.01002701.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/27





Action brought on 31 October 2011 — Viejo Valle v OHIM — Etablissements Coquet (Soup-plate with grooves)
(Case T-567/11)
2012/C 32/56
Language in which the application was lodged: Spanish

Parties


Applicant: Viejo Valle, SA (L'Olleria, Spain) (represented by: I. Temiño Ceniceros, lawyer)

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

Other party to the proceedings before the Board of Appeal: Etablissements Coquet SA (Saint Léonard de Noblat, France)

Form of order sought

The applicant claims that the General Court should:






—


declare the present action, together with its annexes, admissible;










—


annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 July 2011, in Case R 1055/2010-3;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Design in respect of which a declaration of invalidity has been sought: Design No 384.912-0009, representing a decorated service set; a soup-plate.

Proprietor of the Community design: the applicant.

Applicant for the declaration of invalidity of the Community trade mark: Etablissements Coquet SA.

Grounds for the application for a declaration of invalidity: Infringement of Article 25(1)(f) of Regulation (EC) No 6/2002, since the Community design constitutes an unauthorised use of a work protected by the copyright legislation of a Member State.

Decision of the Cancellation Division: upheld the application for a declaration of invalidity.

Decision of the Board of Appeal: dismissed the action.

Pleas in law: Infringement of Article 25(1)(f) of Regulation (EC) No 6/2002 and Article 28(1)(b)(iii) of Regulation No 2245/2002, since the defendant has not sufficiently documented the protected work on which the application for a declaration of invalidity is based, nor provided details of its proprietorship, nor its object.
Case T-566/11: Action brought on 31 October 2011 — Viejo Valle v OHIM — Etablissements Coquet (Coffee service set with grooves)
Date: 2011-10-31
Institutions: General Court
Subjects: EU trade mark, ceramics, registered trade mark, trade-mark law








C_2012032EN.01002603.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/26





Action brought on 31 October 2011 — Viejo Valle v OHIM — Etablissements Coquet (Coffee service set with grooves)
(Case T-566/11)
2012/C 32/55
Language in which the application was lodged: Spanish

Parties


Applicant: Viejo Valle, SA (L'Olleria, Spain) (represented by: I. Temiño Ceniceros, lawyer)

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

Other party to the proceedings before the Board of Appeal: Etablissements Coquet SA (Saint Léonard de Noblat, France)

Form of order sought

The applicant claims that the General Court should:






—


declare the present action, together with its annexes, admissible;










—


annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 July 2011, in Case R 1054/2010-3;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Design in respect of which a declaration of invalidity has been sought: Design No 384.912-0001, representing a decorated service set; a coffee cup and saucer.

Proprietor of the Community design: the applicant.

Applicant for the declaration of invalidity of the Community design: Etablissements Coquet SA.

Grounds for the application for a declaration of invalidity: Infringement of Article 25(1)(f) of Regulation (EC) No 6/2002, since the Community design constitutes an unauthorised use of a work protected by the copyright legislation of a Member State.

Decision of the Cancellation Division: upheld the application for a declaration of invalidity.

Decision of the Board of Appeal: dismissed the action.

Pleas in law: Infringement of Article 25(1)(f) of Regulation (EC) No 6/2002 and Article 28(1)(b)(iii) of Regulation No 2245/2002, since the defendant has not sufficiently documented the protected work on which the application for a declaration of invalidity is based, nor provided details of its proprietorship, nor its object.
Case T-558/11: Action brought on 31 October 2011 — Atlas v OHIM — Couleurs de Tollens-Agora (ARTIS)
Date: 2011-10-31
Institutions: General Court
Subjects: EU trade mark, paints and varnishes, registered trade mark, trade-mark law








C_2012013EN.01001603.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/16





Action brought on 31 October 2011 — Atlas v OHIM — Couleurs de Tollens-Agora (ARTIS)
(Case T-558/11)
2012/C 13/35
Language in which the application was lodged: Polish

Parties


Applicant: Atlas sp. z o.o. (Łódź, Republic of Poland) (represented by: R. Rumpel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Couleurs de Tollens-Agora S.a.s. (Clichy, France)

Form of order sought

The applicant claims that the Court should:






—


declare the action well founded;










—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 July 2011, served on the applicant on 7 September 2011, in Case R 1253/2010-1;










—


in the alternative, amend the contested decision by granting registration of the mark ‘ARTIS’;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Atlas sp. z o.o.

Community trade mark concerned: word mark ‘ARTIS’ for goods in Classes 2 and 17 — application No 6158761

Proprietor of the mark or sign cited in the opposition proceedings: Couleurs de Tollens-Agora S.a.s.

Mark or sign cited in opposition: French word mark ‘ARTIS’ registered under No 93 484 880 for goods in Classes 1 and 19

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009 (1) with regard to establishing the similarity of the trade marks and the likelihood of confusion on the part of consumers


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EU) No 1124/2011 of 31 October 2011 establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Spain
Date: 2011-10-31
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, EU waters, Morocco, Portugal, Spain, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2011289EN.01002001.xml










8.11.2011   


EN


Official Journal of the European Union


L 289/20








            COMMISSION REGULATION (EU) No 1124/2011
of 31 October 2011
         
establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 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 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, 31 October 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


63/T&Q




Member State


Spain




Stock


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Date


28.9.2011
Commission Regulation (EU) No 1123/2011 of 31 October 2011 establishing a prohibition of fishing for cod in I and IIb by vessels flying the flag of Spain
Date: 2011-10-31
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Norway, Russia, Spain, catch quota, fishing rights, sea fish, ship's flag








L_2011289EN.01001801.xml










8.11.2011   


EN


Official Journal of the European Union


L 289/18








            COMMISSION REGULATION (EU) No 1123/2011
of 31 October 2011
         
establishing a prohibition of fishing for cod in I and IIb 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 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, 31 October 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


64/T&Q




Member State


Spain




Stock


COD/1/2B.




Species


Cod (Gadus morhua)




Zone


I and IIb




Date


26.9.2011
Commission Implementing Regulation (EU) No 1121/2011 of 31 October 2011 entering a name in the register of protected designations of origin and protected geographical indications (Native Shetland Wool (PDO))
Date: 2011-10-31
Institutions: European Commission
Subjects: United Kingdom, designation of origin, product designation, wool








L_2011289EN.01001401.xml










8.11.2011   


EN


Official Journal of the European Union


L 289/14








            COMMISSION IMPLEMENTING REGULATION (EU) No 1121/2011
of 31 October 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Native Shetland Wool (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, the United Kingdom’s application to register the name ‘Native Shetland Wool’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following 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, 31 October 2011.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 45, 12.2.2011, p. 21.




ANNEX
Agricultural products listed in Annex II to the Regulation (EC) No 510/2006:

Class 3.6.   Wool

UNITED KINGDOM
Native Shetland Wool (PDO)
Case C-548/11: Reference for a preliminary ruling from the Arbeidshof te Antwerpen (Belgium), lodged on 31 October 2011 — Edgard Mulders v Rijksdienst voor Pensioenen
Date: 2011-10-31
Institutions: Court of Justice
Subjects: disability insurance, free movement of workers, migrant worker








C_2012025EN.01003202.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/32






Reference for a preliminary ruling from the Arbeidshof te Antwerpen (Belgium), lodged on 31 October 2011 — Edgard Mulders v Rijksdienst voor Pensioenen
(Case C-548/11)
(2012/C 25/59)
Language of the case: Dutch

Referring court

Arbeidshof te Antwerpen

Parties to the main proceedings


Appellant: Edgard Mulders

Respondent: Rijksdienst voor Pensioenen

Question referred

Is Article 46 of Council Regulation (EEC) No 1408/71 (1) of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community infringed in the case where, in the calculation of the pension of a migrant worker, a period of incapacity for work during which a work incapacity benefit was awarded and contributions under the Netherlands General Law on Old-Age Pensions were paid is not regarded as being a ‘period of insurance’ within the meaning of Article 1(r) of Regulation (EEC) No 1408/71?


(1)  OJ, English Special Edition 1971(II), p. 416.