do-me/EUR-LEX huggingface dataset:
Case T-41/09: Judgment of the General Court of 28 March 2012 — Hipp v OHIM — Nestlé (Bebio) (Community trade mark — Opposition proceedings — Application for Community word mark Bebio — Earlier Community word mark and international word mark BEBA — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2012-03-28
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2012138EN.01001403.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/14






Judgment of the General Court of 28 March 2012 — Hipp v OHIM — Nestlé (Bebio)
(Case T-41/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Bebio - Earlier Community word mark and international word mark BEBA - Partial refusal of registration - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
(2012/C 138/25)
Language of the case: English

Parties


Applicant: Hipp & Co. KG (Sachseln, Switzerland) (represented by: M. Kinkeldey and A. Bognár, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Société des produits Nestlé SA (Vevey, Switzerland) (represented: initially by I. Valdelomar Serrano and subsequently by R. Mottola and D. Gabarre Armengol, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 November 2008 (Case R 1790/2007-2) relating to opposition proceedings between Société des Produits Nestlé, S.A. and Hipp & Co KG

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hipp & Co. KG to pay the costs.






(1)  OJ C 82, 4.4.2009.
Case T-123/09: Judgment of the General Court of 28 March 2012 — Ryanair v European Commission (State aid — Loan granted to an airline company and capable of being counted as own capital — Decision declaring the aid incompatible with the common market — Sale of assets of an airline company — Decision finding no aid at the conclusion of the preliminary examination phase — Actions for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Jurisdiction — Duty to state reasons)
Date: 2012-03-28
Institutions: General Court
Subjects: Italy, State aid, airline, control of State aid, loan








C_2012138EN.01001501.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/15






Judgment of the General Court of 28 March 2012 — Ryanair v European Commission
(Case T-123/09) (1)

(State aid - Loan granted to an airline company and capable of being counted as own capital - Decision declaring the aid incompatible with the common market - Sale of assets of an airline company - Decision finding no aid at the conclusion of the preliminary examination phase - Actions for annulment - Locus standi - Interested party - Admissibility - Serious difficulties - Jurisdiction - Duty to state reasons)
(2012/C 138/26)
Language of the case: English

Parties


Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)

Defendant: European Commission (represented by: L. Flynn, D. Grespan and E. Righini, Agents)

Interveners in support of the defendant: Italian Republic, (represented by: G. Palmieri and P. Gentili, lawyers); and Alitalia — Compagnia Aerea Italiana SpA (Fiumicino, Italy) (represented by: G.M. Roberti, G. Bellitti and I. Perego, lawyers)

Re:

Partial annulment of Commission Decision 2009/155/EC of 12 November 2008, concerning the loan of EUR 300 million granted by Italy to the airline company Alitalia (C 26/08 (ex NN 31/08)) (OJ 2009 L 52, p. 3), and the annulment of Commission Decision C(2008) 6745 final of 12 November 2008, concerning State Aid (N 510/2008, OJ 2009 C 46, p. 6) — Italy — Sale of the assets of Alitalia.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ryanair Ltd to pay its own costs and those incurred by the European Commission and Alitalia — Compagnia Aerea Italiana SpA;










3.


Orders the Italian Republic to bear its own costs.






(1)  OJ C 141, 20.6.2009.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations’ COM(2012) 8 final — 2012/007 (COD)
Date: 2012-03-28
Institutions: European Economic and Social Committee
Subjects: classification, dangerous substance, labelling, marketing standard, packaging








C_2012181EN.01020301.xml










21.6.2012   


EN


Official Journal of the European Union


C 181/203





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations’
COM(2012) 8 final — 2012/007 (COD)
2012/C 181/39
On 2 February 2012 the European Parliament and on 8 March 2012 the Council decided to consult the European Economic and Social Committee, under Article 114 and Article 304 of the Treaty on the Functioning of the European Union, on the

Proposal for Proposal for a Directive of the European Parliament and of the Council on the classification, packaging and labelling of dangerous preparations

COM(2012) 8 final — 2012/007 (COD).
Since the Committee endorses the contents of the proposal and has already set out its views on the subject in its earlier opinion CES 330/97, adopted on 20 March 1997 (1), it decided, at its 479th plenary session of 28 and 29 March 2012 (meeting of 28 March 2012), by 166 votes to 2 with 9 abstentions, to issue an opinion endorsing the proposed text and to refer to the position it had taken in the above-mentioned document.

Brussels, 28 March 2012.


The President of the European Economic and Social Committee

Staffan NILSSON




(1)  ESC opinion on the Proposal for a European Parliament and Council Directive concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, OJ C 158/1997, page 76, 26 May 1997.
Case T-140/12: Action brought on 28 March 2012 — Teva Pharma and Teva Pharmaceuticals Europe v EMA
Date: 2012-03-28
Institutions: General Court
Subjects: generic drug, infringement of EU law, market approval








C_2012165EN.01002601.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/26





Action brought on 28 March 2012 — Teva Pharma and Teva Pharmaceuticals Europe v EMA
(Case T-140/12)
2012/C 165/45
Language of the case: English

Parties


Applicants: Teva Pharma BV (Utrecht, Netherlands) and Teva Pharmaceuticals Europe BV (Utrecht, Netherlands) (represented by: D. Anderson, QC (Queen’s Counsel), K. Bacon, Barrister, G. Morgan and C. Drew, Solicitors)

Defendant: European Medicines Agency

Form of order sought







—


Annul the decision of the European Medicines Agency, contained in its letter of 24 January 2012, refusing to validate the applicants’ application for a marketing authorisation;










—


Order the Commission to pay the applicants’ costs.





Pleas in law and main arguments

In support of the action, the applicants rely on one plea in law, alleging that the refusal to validate their application for the authorisation of a generic version of an orphan medicinal product is contrary to Article 8 of Regulation (EC) No 141/2000 (1) properly interpreted. In particular, it is contrary to the wording and effect of Article 8, as well as the policy underlying the said regulation and its travaux préparatoires, to exclude a generic version of an orphan medicinal product from the market for more than the ten year period stipulated in Article 8(1) of the said regulation. The applicants further allege that Article 8(3) permits an authorisation for a similar product to be granted during that 10 year period, by way of derogation from Article 8(1), in certain specified circumstances. Such authorisation should not, however, have the effect of extending the 10 year market exclusivity for the first orphan product.


(1)  Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (OJ 2000 L 18, p. 1)
Case T-190/10: Judgment of the General Court of 28 March 2012 — Egan and Hackett v Parliament (Access to documents — Regulation (EC) No 1049/2001 — Registers of assistants to former members of the European Parliament — Refusal of access — Exception relating to the protection of privacy and the integrity of the individual — Protection of individuals with regard to the processing of personal data — Regulation (EC) No 45/2001)
Date: 2012-03-28
Institutions: General Court
Subjects: Member of the European Parliament, access to EU information, limited circulation








C_2012138EN.01001602.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/16






Judgment of the General Court of 28 March 2012 — Egan and Hackett v Parliament
(Case T-190/10) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Registers of assistants to former members of the European Parliament - Refusal of access - Exception relating to the protection of privacy and the integrity of the individual - Protection of individuals with regard to the processing of personal data - Regulation (EC) No 45/2001)
(2012/C 138/29)
Language of the case: English

Parties


Applicants: Kathleen Egan (Athboy, Ireland) and Margaret Hackett (Borris-in-Ossory, Ireland) (represented by: K. Neary, Solicitor, C. MacEochaidh, SC, and J. Goode, Barrister)

Defendant: European Parliament (represented by: N. Lorenz, N. Görlitz and D. Moore, Agents)

Intervener in support of the applicants: European Data Protection Supervisor (EDPS) (represented initially by H. Kranenborg and H. Hijmans, and subsequently by H. Kranenborg and I. Chatelier, Agents)

Re:

Application for annulment of the European Parliament’s decision of 12 February 2010 in so far as it refuses to grant the applicants the access sought to the public registers of assistants to former members of the European Parliament.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Parliament of 12 February 2010 in so far as it refuses to grant Kathleen Egan and Margaret Hackett the access requested to the public registers of assistants to former members of the European Parliament;










2.


Orders the Parliament to pay the costs incurred by Mrs Egan and Mrs Hackett and to refund to the Court cashier the sums advanced by way of legal aid granted to Mrs Egan;










3.


Orders the European Data Protection Supervisor (EDPS) to bear its own costs.






(1)  OJ C 161, 19.6.2010.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC as regards pharmacovigilance’ COM(2012) 52 final — 2012/0025 (COD)
Date: 2012-03-28
Institutions: European Economic and Social Committee
Subjects: drug surveillance, market approval, marketing standard, medicinal product








C_2012181EN.01020101.xml










21.6.2012   


EN


Official Journal of the European Union


C 181/201





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC as regards pharmacovigilance’
COM(2012) 52 final — 2012/0025 (COD)
2012/C 181/37
On 27 February and 16 February 2012 respectively, the Council and the European Parliament decided to consult the European Economic and Social Committee, under Articles 114 and 168 (4)(c)of the Treaty on the Functioning of the European Union, on the

Proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC as regards pharmacovigilance

COM(2012) 52 final — 2012/0025 (COD).
Since the Committee endorses the content of the proposal and has already set out its views on the subject in its earlier opinion CESE 1022/2009, adopted on 10 June 2009 (1), it decided, at its 479th plenary session of 28 and 29 March 2012 (meeting of 28 March), by 158 votes to 1 with 6 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, 28 March 2012.


The President of the European Economic and Social Committee

Staffan NILSSON




(1)  OJ C 306, 16.12.2009, p. 18.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks’ COM(2012) 21 final — 2012/0013 (COD)
Date: 2012-03-28
Institutions: European Economic and Social Committee
Subjects: catch quota, delegated legislation, fishing controls, fishing rights








C_2012181EN.01020401.xml










21.6.2012   


EN


Official Journal of the European Union


C 181/204





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks’
COM(2012) 21 final — 2012/0013 (COD)
2012/C 181/40
On 13 March 2012 the European Parliament and on 22 February 2012 the Council decided to consult the European Economic and Social Committee, under Article 43(2) 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 Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks

COM(2012) 21 final — 2012/0013 (COD).
Since the Committee endorses the contents of the proposal, it decided, at its 479th plenary session of 28 and 29 March 2012 (meeting of 28 March 2012), by 158 votes to 2 with 10 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 28 March 2012.


The President of the European Economic and Social Committee

Staffan NILSSON