do-me/EUR-LEX huggingface dataset:
Case T-138/12: Action brought on 26 March 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION)
Date: 2012-03-26
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2012157EN.01001002.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/10





Action brought on 26 March 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION)
(Case T-138/12)
2012/C 157/18
Language in which the application was lodged: German

Parties


Applicant: Yves Geipel (Auerbach, Germany) (represented by: J. Sachs, lawyer)

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

Other party to the proceedings before the Board of Appeal: Jörg Reeh (Buxtehude, Germany)

Form of order sought







—


Annul the contested decision of the First Board of Appeal of OHIM of 12 January 2012 and reject the opposition of 24 July 2009;










—


Order OHIM to pay the costs of the proceedings, including the costs incurred in the appeal proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Yves Geipel

Community trade mark concerned: Figurative mark ‘BEST BODY NUTRITION’ (international registration No W 982 101, naming the European Union) for goods in classes 25, 28, 29, 30 and 32.

Proprietor of the mark or sign cited in the opposition proceedings: Jörg Reeh.

Mark or sign cited in opposition: Community trade mark No 4 020 161‘BEST4BODY’ for goods in class 25.

Decision of the Opposition Division: Opposition allowed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: There is no likelihood of confusion between the marks at issue.
Opinion of the Advisory Committee on restrictive agreements and dominant position at it's meeting of 26 March 2012 concerning a draft decision relating to Case COMP/39.452 (2) — Mountings for windows and window doors — Rapporteur: France
Date: 2012-03-26
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: financial solvency, fine, glass








C_2012292EN.01000301.xml










28.9.2012   


EN


Official Journal of the European Union


C 292/3





Opinion of the Advisory Committee on restrictive agreements and dominant position at it's meeting of 26 March 2012 concerning a draft decision relating to Case COMP/39.452 (2) — Mountings for windows and window doors
Rapporteur: France
2012/C 292/03






1.


The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.










2.


The Advisory Committee agrees with the European Commission on the basic amounts of the fines.










3.


The Advisory Committee agrees with the European Commission that there are no aggravating circumstances applicable in this case.










4.


The Advisory Committee agrees with the European Commission on the mitigating circumstances.










5.


The Advisory Committee agrees with the European Commission on the adaptation of the fines based on point 37 of the 2006 Guidelines on Fines.










6.


The Advisory Committee agrees with the European Commission on the amounts of reduction of the fines based on the 2006 Leniency Notice.










7.


The Advisory Committee agrees with the European Commission’s assessment on inability to pay.










8.


The Advisory Committee agrees with the European Commission on the final amounts of the fines.










9.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-133/12: Action brought on 26 March 2012 — Ben Ali v Council
Date: 2012-03-26
Institutions: General Court
Subjects: European Commission, Tunisia, common foreign and security policy, economic sanctions, indemnification, international sanctions, provision of documents








C_2012165EN.01002501.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/25





Action brought on 26 March 2012 — Ben Ali v Council
(Case T-133/12)
2012/C 165/43
Language of the case: French

Parties


Applicant: Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali (Saint-Étienne-du-Rouvray, France) (represented by: A. de Saint Remy, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:






—


adopt a measure of organisation of procedure, under Article 64 of the General Court’s Rules of Procedure, to ensure that the Commission discloses ‘all documents relating to the adoption’ of the contested regulation;










—


annul the contested regulation in so far as it concerns the applicant;










—


order the Council of the European Union to pay the applicant an overall sum of EUR 50 000 in compensation for all forms of damage;










—


order the Council of the European Union to pay the applicant a sum of EUR 7 500 for legal expenses in support of the application, in accordance with Article 91 of the Rules of Procedure, as recoverable costs;










—


order the Council of the European Union to pay the costs.





Pleas in law and main arguments

By his application, the applicant seeks (i) the annulment of Council Decision 2012/50/CFSP of 27 January 2012 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (1) and (ii) damages in respect of the loss which he considers to have suffered.
In support of the action, the applicant relies on seven pleas in law which are, in essence, identical or similar to those raised in Case T-301/11 Ben Ali v Council. (2)



(1)  OJ 2012 L 27, p. 11.

(2)  OJ 2011 C226, p. 29.
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 26 March 2012 regarding a draft decision relating to Case COMP/39.462 (2) — Freight forwarding — Rapporteur: Slovak Republic
Date: 2012-03-26
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: cartel, control of restrictive practices, dominant position, fine, infringement of EU law, transport company








C_2012375EN.01000301.xml










5.12.2012   


EN


Official Journal of the European Union


C 375/3





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 26 March 2012 regarding a draft decision relating to Case COMP/39.462 (2) — Freight forwarding
Rapporteur: Slovak Republic
2012/C 375/03






1.


The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.










2.


The Advisory Committee agrees with the Commission on the basic amounts of the fines.










3.


The Advisory Committee agrees with the Commission on the determination of the duration for the purpose of calculating the fines in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.










4.


The Advisory Committee agrees with the Commission on the specific increases of the basic amounts of the fines so as to ensure a sufficiently deterrent effect.










5.


The Advisory Committee agrees with the Commission that there are no aggravating or mitigating circumstances applicable in this case.










6.


The Advisory Committee agrees with the Commission on the amounts of reductions of the fines based on the 2006 Leniency Notice.










7.


The Advisory Committee agrees with the Commission on the final amounts of the fines.










8.


The Advisory Committee recommends the publication of its opinion in the Official Journal.
2012/189/EU: Council Decision of 26 March 2012 on the conclusion of the International Cocoa Agreement 2010
Date: 2012-03-26
Institutions: Council of the European Union
Subjects: cocoa, international convention, ratification of an agreement, trade agreement (EU)








L_2012102EN.01000101.xml










12.4.2012   


EN


Official Journal of the European Union


L 102/1








            COUNCIL DECISION
         
of 26 March 2012
         
on the conclusion of the International Cocoa Agreement 2010
(2012/189/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(3) and (4), in conjunction with Article 218(6) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


On 25 June 2010 the negotiating conference, established under the auspices of the United Nations Conference on Trade and Development, approved the text of the International Cocoa Agreement 2010 (‘the Agreement’).












(2)


The Agreement was negotiated to replace the International Cocoa Agreement 2001 (‘the 2001 Agreement’), which has been extended until 30 September 2012.












(3)


The Agreement is open for signature from 1 October 2010 until 30 September 2012 and the instruments of ratification, acceptance or approval may be deposited during the same period.












(4)


The aims of the Agreement fall under the common commercial policy.












(5)


The European Union is a party to the 2001 Agreement, and the signature of the Agreement and the deposit of its instrument of provisional application have already been authorised by Council Decision 2011/634/EU (1). It is therefore in the interest of the Union to conclude the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The International Cocoa Agreement 2010 (‘the Agreement’) is hereby approved on behalf of the European Union (2).


Article 2
The President of the Council shall, on behalf of the Union, deposit the acts provided for in Article 54 of the Agreement (3).


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 26 March 2012.


For the Council


The President

N. WAMMEN
            





(1)  
            OJ L 259, 4.10.2011, p. 7.

(2)  The text of the Agreement has been published, together with the decision on signature, in OJ L 259, 4.10.2011, p. 8.

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
Case F-42/12: Action brought on 26 March 2012 — ZZ v Commission
Date: 2012-03-26
Institutions: Civil Service Tribunal
Subjects: European civil service, rights of civil servants, transfer of pension rights








C_2012184EN.01002501.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/25





Action brought on 26 March 2012 — ZZ v Commission
(Case F-42/12)
2012/C 184/54
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the proposal to transfer pension rights acquired before entry into service with the Commission on the basis of the calculation taking into account the new GIP entering into force after the application for transfer by the applicant.

Form of order sought







—


Annul the decision of 14 December 2011 rejecting the applicant’s complaint and requiring the application of the GIP and the actuarial rates in force when she applied to transfer her pension rights;










—


If necessary, annul the PMO proposal of 1 August 2011 applying the actuarial values resulting from the new GIP;










—


Order the Commission to pay the costs.
Case C-146/12: Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
Date: 2012-03-26
Institutions: Court of Justice
Subjects: Germany, national implementing measure, periodic penalty payment, rail transport








C_2012157EN.01000401.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/4





Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
(Case C-146/12)
2012/C 157/05
Language of the case: German

Parties


Applicant: European Commission (represented by: P. Hetsch and G. Braun, Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:






—


declare that the Federal Republic of Germany has failed to bring into force or to communicate to the Commission the laws, regulations and administrative provisions necessary to comply with Article 1, Article 2, Article 4(2), Article 5(2), (5), (6) and (8), Article 6(1), (2), (3), (9) and (10), Articles 7, 8 and 9, Article 11(4) and (5), Article 12, Article 13(5), Articles 15, 16 and 17, Article 18(1), (2), (4) and (5), Article 19(3), Articles 20 to 27, Article 28(4) and (6), Articles 32 to 35 and Annexes I to IX of Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community; (1)











—


order the Federal Republic of Germany, pursuant to Article 260(3) TFEU, to pay a daily penalty payment in the sum of EUR 215 409,60, payable to the own resources account of the European Union, on account of its failure to fulfil its obligation to notify transposing measures;










—


order the Federal Republic of Germany to pay the costs of the proceedings.





Pleas in law and main arguments

The period prescribed for transposing the directive expired on 19 July 2010.


(1)  OJ 2008 L 191, p. 1.
Case T-508/09: Order of the General Court of 26 March 2012 — Cañas v Commission (Competition — Anti-doping rules — Decision rejecting a complaint — Discontinuance of a professional activity — Disappearance of the interest in bringing proceedings — No need to adjudicate)
Date: 2012-03-26
Institutions: General Court
Subjects: cessation of trading, competition, infringement of EU law, performance drugs








C_2012151EN.01002801.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/28





Order of the General Court of 26 March 2012 — Cañas v Commission
(Case T-508/09) (1)

(Competition - Anti-doping rules - Decision rejecting a complaint - Discontinuance of a professional activity - Disappearance of the interest in bringing proceedings - No need to adjudicate)
2012/C 151/45
Language of the case: French

Parties


Applicant: Guillermo Cañas (Buenos Aires, Argentina) (represented initially by F. Laboulfie and C. Aguet, then by Y. Bonnard, lawyers)

Defendant: European Commission (represented by: P. Van Nuffel and F. Ronkes Agerbeek, acting as Agents, and J. Derenne, lawyer)

Interveners in support of the defendant: World Anti-Doping Agency (Lausanne, Switzerland) (represented by: G. Berrisch, lawyer, D. Cooper, Soliciitor, and N. Chesaites, Barrister); and ATP Tour, Inc. (Wilmington, Delaware, United States) (represented by: B. van de Walle de Ghelcke and J. Marchandise, lawyers)

Re:

Application for the annulment of Commission Decision C(2009) 7809 of 12 October 2009 in Case COMP/39471 rejecting a complaint, for insufficient Community interest, concerning an infringement of Articles 81 EC and 82 EC allegedly committed by the World Anti-Doping Agency, by ATP Tour, Inc. and by the International Council of Arbitration for Sport (ICAS).

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Guillermo Cañas is ordered to pay his own costs and those incurred by the European Commission.










3.


The World Anti-Doping Agency and ATP Tour, Inc. are ordered to pay their own costs.










4.


There is no longer any need to adjudicate on the application for leave to intervene made by European Elite Athletes Association.






(1)  OJ C 80, 27.3.2010.
Case C-148/12: Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
Date: 2012-03-26
Institutions: Court of Justice
Subjects: disclosure of information, national implementing measure, rail transport, transport safety








C_2012138EN.01001001.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/10






Action brought on 26 March 2012 — European Commission v Federal Republic of Germany
(Case C-148/12)
(2012/C 138/16)
Language of the case: German

Parties


Applicant: European Commission (represented by: P. Hetsch and G. Braun, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC on safety on the Community’s railways, (1) or fully to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under that directive;










—


impose upon the Federal Republic of Germany, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2008/110/EC at the daily rate of EUR 148 094,1, payable to the European Union’s own resources account;










—


order the Federal Republic of Germany to pay the costs.





Pleas in law and main arguments

The time-limit for the transposition of the directive expired on 24 December 2010.


(1)  OJ 2008 L 345, p. 62.
Case T-501/09: Order of the General Court (Third Chamber) of 26 March 2012 — PhysioNova v OHIM — Flex Equipos de Descanso (FLEX)
Date: 2012-03-26
Institutions: General Court
Subjects: EU trade mark, miscellaneous industries, trade-mark law








C_2012151EN.01003303.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/33





Order of the General Court (Third Chamber) of 26 March 2012 — PhysioNova v OHIM — Flex Equipos de Descanso (FLEX)
(Case T-501/09) (1)

2012/C 151/58
Language of the case: German
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 37, 13.2.2010.
2012/183/EU: Council Decision of 26 March 2012 appointing an Estonian member and an Estonian alternate member of the Committee of the Regions
Date: 2012-03-26
Institutions: Council of the European Union
Subjects: Estonia, European Committee of the Regions, appointment of members








L_2012096EN.01000501.xml










3.4.2012   


EN


Official Journal of the European Union


L 96/5








            COUNCIL DECISION
         
of 26 March 2012
         
appointing an Estonian member and an Estonian alternate member of the Committee of the Regions
(2012/183/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Estonian Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Kaido KAASIK. An alternate member’s seat will become vacant following the appointment of Ms Urve ERIKSON as member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as member:






—


Ms Urve ERIKSON, Member of Tudulinna Municipality Council,




and










(b)


as alternate member:






—


Mr Villi PIHL, Mayor of Kärla Municipality.










Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 26 March 2012.


For the Council


The President

N. WAMMEN
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case T-141/12: Action brought on 26 March 2012 — Pro-Duo v OHIM — El Corte Inglés (GO!)
Date: 2012-03-26
Institutions: General Court
Subjects: EU trade mark, cosmetic product, footwear industry, registered trade mark, trade-mark law








C_2012165EN.01002602.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/26





Action brought on 26 March 2012 — Pro-Duo v OHIM — El Corte Inglés (GO!)
(Case T-141/12)
2012/C 165/46
Language in which the application was lodged: English

Parties


Applicant: Pro-Duo (Ghent, Belgium) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Form of order sought







—


Suspend the action pending the outcome of the Cancellation proceedings No 5011 C;










—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2012 in case R 1373/2011-4, insofar as it declined to suspend proceedings pending outcome of the Cancellation proceedings, or to annul the decision entirely; and










—


Order the Opponent to pay the costs incurred by the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in black, white and grey ‘GO!’, for goods in class 3 — Community trade mark application No 8859712

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: Community trade mark registration No 6070981 of the figurative mark ‘GO GLORIA ORTIZ’, for goods in class 3

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The Board of Appeal of the Office for Harmonisation in the Internal Market erred in law in failing to suspend the proceedings; and infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that there was a likelihood of confusion between the two trademarks.