do-me/EUR-LEX huggingface dataset:
Case F-36/10: Judgment of the Civil Service Tribunal (First Chamber) of 28 March 2012 — Rapone v Commission (Civil service — Open competition — Successive applications for an open competition — Refusal to register)
Date: 2012-03-28
Institutions: Civil Service Tribunal
Subjects: EPSO, admission to examinations, competition (EU)








C_2012157EN.01001201.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/12





Judgment of the Civil Service Tribunal (First Chamber) of 28 March 2012 — Rapone v Commission
(Case F-36/10) (1)

(Civil service - Open competition - Successive applications for an open competition - Refusal to register)
2012/C 157/20
Language of the case: Italian

Parties


Applicant: Chiara Rapone (Rome, Italy) (represented initially by A. Rapone, lawyer and subsequently by L. Rapone, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents and A. Dal Ferro, lawyer)

Re:

Application to annul the decision of EPSO not to register the application to take part in open competition EPSO/AD/177/10 submitted by the applicant.

Operative part of the judgment

The Tribunal:






1.


The application is dismissed;










2.


Ms Rapone is to bear her own costs and to pay those incurred by the European Commission.






(1)  OJ C 209, 31.7.2010, p. 54.
Case T-139/12: Action brought on 28 March 2012 — Wehmeyer v OHIM — Cluett, Peabody (Fairfield)
Date: 2012-03-28
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012165EN.01002502.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/25





Action brought on 28 March 2012 — Wehmeyer v OHIM — Cluett, Peabody (Fairfield)
(Case T-139/12)
2012/C 165/44
Language in which the application was lodged: English

Parties


Applicant: Wehmeyer GmbH & Co. KG (Aachen, Germany) (represented by: C. Weil, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cluett, Peabody & Co. Inc. (New York, United States)

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 19 January 2012 in case R 2509/2010-1;










—


Dismiss the opposition filed by the other party to the proceedings before the Board of Appeal to the application for registration of the Community trade mark ‘Fairfield’; and










—


Order OHIM and the other party to the proceedings before the Board of Appeal to pay the costs, including those incurred by the applicant before the Board of Appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘Fairfield’, for goods in classes 3, 14, 18 and 25 — Community trade mark application No 6294342

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 3079481 of the figurative mark ‘FAIRFIELD BY ARROW’, for goods in class 25

Decision of the Opposition Division: Partly rejected the contested trade mark

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 found that there was a likelihood of confusion between the two trademarks.
Special Report No 2/2012 ‘Financial instruments for SMEs co-financed by the European Regional Development Fund’
Date: 2012-03-28
Institutions: European Court of Auditors
Subjects: European Regional Development Fund, co-financing, financial instrument, small and medium-sized enterprises








C_2012091EN.01000301.xml










28.3.2012   


EN


Official Journal of the European Union


C 91/3





Special Report No 2/2012 ‘Financial instruments for SMEs co-financed by the European Regional Development Fund’
2012/C 91/03
The European Court of Auditors hereby informs you that Special Report No 2/2012 ‘Financial instruments for SMEs co-financed by the European Regional Development Fund’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://www.eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case C-572/10: Order of the President of the Fourth Chamber of the Court of 28 March 2012 (reference for a preliminary ruling from the Tribunal Administratif de Saint-Denis de la Réunion — France) — Clément Amedée v Garde des sceaux, Ministre de la justice et des libertés, Ministre du budget, des comptes publics, de la fonction publique et de la réforme de l'État
Date: 2012-03-28
Institutions: Court of Justice
Subjects: descendant, equal treatment, gender equality, leave on social grounds, social security








C_2012235EN.01001201.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/12





Order of the President of the Fourth Chamber of the Court of 28 March 2012 (reference for a preliminary ruling from the Tribunal Administratif de Saint-Denis de la Réunion — France) — Clément Amedée v Garde des sceaux, Ministre de la justice et des libertés, Ministre du budget, des comptes publics, de la fonction publique et de la réforme de l'État
(Case C-572/10) (1)

2012/C 235/23
Language of the case: French
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 72, 5.3.2011.
Opinion of the European Economic and Social Committee on the ‘Amended proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards information to the general public on medicinal products for human use subject to medical prescription’ COM(2012) 49 final — 2008/0255 (COD)
Date: 2012-03-28
Institutions: European Economic and Social Committee
Subjects: advertising, consumer information, drug surveillance, health control, market approval, marketing standard, medicinal product








C_2012181EN.01020001.xml










21.6.2012   


EN


Official Journal of the European Union


C 181/200





Opinion of the European Economic and Social Committee on the ‘Amended proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards information to the general public on medicinal products for human use subject to medical prescription’
COM(2012) 49 final — 2008/0255 (COD)
2012/C 181/36
On 27 February and 13 March 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

Amended proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards information to the general public on medicinal products for human use subject to medical prescription

COM(2012) 49 final — 2008/0255 (COD).
Since the Committee had already set out its views on the contents of the proposal in question in opinion CESE 1025/2009, adopted on 10 June 2009 (1), it decided at its 479th plenary session, held on 28 and 29 March 2012 (meeting of 28 March), by 156 votes to 1 with 9 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. 33.
Case T-296/08: Judgment of the General Court of 28 March 2012 — Berliner Institut für Vergleichende Sozialforschung v Commission (Aid granted under the INTI programme — Determination of the amount to be paid to the beneficiary — Errors of assessment)
Date: 2012-03-28
Institutions: General Court
Subjects: EU programme, economic support, social integration








C_2012138EN.01001402.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/14






Judgment of the General Court of 28 March 2012 — Berliner Institut für Vergleichende Sozialforschung v Commission
(Case T-296/08) (1)

(Aid granted under the INTI programme - Determination of the amount to be paid to the beneficiary - Errors of assessment)
(2012/C 138/24)
Language of the case: German

Parties


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

Defendant: European Commission (represented: initially by B. Simon, and subsequently S. Grünheid, acting as Agents, assisted by R. Van der Hout, lawyer)

Re:

Application for annulment of the Commission decision of 23 May 2008 on the partial non-recognition of the costs borne by the applicant in connection with the financing arrangement JLS/2004/INTI/077.

Operative part of the judgment

The Court:






1.


Annuls the Commission’s decision of 23 May 2008 on the partial non-recognition of costs borne by Berliner Institut für Vergleichende Sozialforschung eV in connection with the financing arrangement JLS/2004/INTI/077 as regards expenses relating to headings B 9, B 10, B 37, B 38 and G 5.










2.


Orders Berliner Institut für Vergleichende Sozialforschung to pay two thirds of its own costs and two thirds of the costs incurred by the European Commission. The Commission is ordered to pay one third of its own costs and one third of the costs incurred by Berliner Institut für Vergleichende Sozialforschung.






(1)  OJ C 247, 27.9.2008.
Opinion of the European Economic and Social Committee on the ‘Amended proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC as regards information to the general public on medicinal products subject to medical prescription’ COM(2012) 48 final — 2008/0256 (COD)
Date: 2012-03-28
Institutions: European Economic and Social Committee
Subjects: advertising, consumer information, drug surveillance, health control, market approval, marketing standard, medicinal product








C_2012181EN.01019901.xml










21.6.2012   


EN


Official Journal of the European Union


C 181/199





Opinion of the European Economic and Social Committee on the ‘Amended proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC as regards information to the general public on medicinal products subject to medical prescription’
COM(2012) 48 final — 2008/0256 (COD)
2012/C 181/35
On 27 February and 13 March 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

Amended proposal for a Directive of the European Parliament and of the Council amending Directive 2001/83/EC as regards information to the general public on medicinal products subject to medical prescription

COM(2012) 48 final — 2008/0256 (COD).
Since the Committee had already set out its views on the contents of the proposal in question in opinion CESE 1022/2009, adopted on 10 June 2009 (1), it decided at its 479th plenary session, held on 28 and 29 March 2012 (meeting of 28 March), by 161 votes to 1 with 9 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 Regulation (EC) No 726/2004 as regards pharmacovigilance’ COM(2012) 51 final — 2012/0023 (COD)
Date: 2012-03-28
Institutions: European Economic and Social Committee
Subjects: drug surveillance, market approval, marketing standard, medicinal product








C_2012181EN.01020201.xml










21.6.2012   


EN


Official Journal of the European Union


C 181/202





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 726/2004 as regards pharmacovigilance’
COM(2012) 51 final — 2012/0023 (COD)
2012/C 181/38
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 Regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards pharmacovigilance.

COM(2012) 51 final — 2012/0023 (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 1025/2009, adopted on 10 June 2009 (1), it decided, at its 479th plenary session of 28 and 29 March 2012 (meeting of 28 March), by 157 votes to 1 with 9 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. 33.
Case T-214/08: Judgment of the General Court of 28 March 2012 — Rehbein v OHIM — Dias Martinho (OUTBURST) (Community trade mark — Opposition proceedings — Application for registration of the Community figurative mark OUTBURST — Earlier national word mark OUTBURST — Genuine use of the earlier trade mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) — Production of evidence for the first time before the Board of Appeal — Article 74(2) of Regulation No 40/94 (now Article 76(2) of Regulation No 207/2009) — Rule 22(2) of Regulation (EC) No 2868/95)
Date: 2012-03-28
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2012138EN.01001401.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/14






Judgment of the General Court of 28 March 2012 — Rehbein v OHIM — Dias Martinho (OUTBURST)
(Case T-214/08) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark OUTBURST - Earlier national word mark OUTBURST - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) - Production of evidence for the first time before the Board of Appeal - Article 74(2) of Regulation No 40/94 (now Article 76(2) of Regulation No 207/2009) - Rule 22(2) of Regulation (EC) No 2868/95)
(2012/C 138/23)
Language of the case: English

Parties


Applicant: Paul Alfons Rehbein (GmbH & Co.) KG (Glinde, Germany) (represented by: T. Lampel, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Hervé Dias Martinho and Manuel Carlos Dias Martinho (Le Plessis-Trévise, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 March 2008 (Case R 1261/2007-2) concerning opposition proceedings between, on the one hand, Paul Alfons Rehbein (GmbH & Co.) KG and, on the other hand, Hervé Dias Martinho and Manuel Carlos Dias Martinho.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 March 2008 (Case R 1261/2007-2);










2.


Orders OHIM to pay the costs.






(1)  OJ C 197, 2.8.2008.
Case F-19/10: Judgment of the Civil Service Tribunal (Third Chamber) of 28 March 2012 — Marsili v Commission (Civil service — Open competition — Non-inclusion on the reserve list — Evaluation of the oral test — Composition of the selection board)
Date: 2012-03-28
Institutions: Civil Service Tribunal
Subjects: competition (EU), examination, servant (EU)








C_2012138EN.01002301.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/23






Judgment of the Civil Service Tribunal (Third Chamber) of 28 March 2012 — Marsili v Commission
(Case F-19/10) (1)

(Civil service - Open competition - Non-inclusion on the reserve list - Evaluation of the oral test - Composition of the selection board)
(2012/C 138/43)
Language of the case: French

Parties


Applicant: Letizia Marsili (Brussels, Belgium) (represented by: K. Van Maldegem, C. Mereu and M. Velardo, lawyers)

Defendant: European Commission (represented by: B. Eggers and J. Baquero Cruz, Agents)

Re:

Application for annulment of the decision of the Commission not to include the applicant on the reserve list for competition EPSO/AST/51/08, and for damages.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Marsili to pay all the costs.






(1)  OJ C 161, 19.6.2010, p. 57.
Case F-36/11: Judgment of the Civil Service Tribunal (Third Chamber) of 28 March 2012 — BD v Commission (Civil service — Contract staff — Non-extension of employment contract — Article 11a of the Staff Regulations — Conflict of interest — Relationship of trust — Article 12b of the Staff Regulations — Outside activity — Presumption of innocence)
Date: 2012-03-28
Institutions: Civil Service Tribunal
Subjects: servant (EU), temporary employment, work contract








C_2012138EN.01002703.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/27






Judgment of the Civil Service Tribunal (Third Chamber) of 28 March 2012 — BD v Commission
(Case F-36/11) (1)

(Civil service - Contract staff - Non-extension of employment contract - Article 11a of the Staff Regulations - Conflict of interest - Relationship of trust - Article 12b of the Staff Regulations - Outside activity - Presumption of innocence)
(2012/C 138/57)
Language of the case: French

Parties


Applicant: BD (Etterbeek, Belgium) (represented by: T. Bontinck and S. Woog, lawyers)

Defendant: European Commission (represented by: G. Berscheid and J. Baquero Cruz, Agents)

Re:

Action for annulment of the decision not to extend the applicant’s contract beyond its end date and, hence, for reinstating the applicant in his previous functions with effect from 1 November 2010.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders BD to bear his own costs and the Commission’s costs.






(1)  OJ C 179, 18.6.2011, p. 22.
Euro exchange rates
Date: 2012-03-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2012091EN.01000201.xml










28.3.2012   


EN


Official Journal of the European Union


C 91/2





Euro exchange rates (1)

27 March 2012
2012/C 91/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3333




JPY


Japanese yen


110,57




DKK


Danish krone


7,4357




GBP


Pound sterling


0,83590




SEK


Swedish krona


8,8935




CHF


Swiss franc


1,2056




ISK


Iceland króna


 




NOK


Norwegian krone


7,5710




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,603




HUF


Hungarian forint


291,80




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6984




PLN


Polish zloty


4,1367




RON


Romanian leu


4,3725




TRY


Turkish lira


2,3809




AUD


Australian dollar


1,2681




CAD


Canadian dollar


1,3233




HKD


Hong Kong dollar


10,3525




NZD


New Zealand dollar


1,6203




SGD


Singapore dollar


1,6744




KRW


South Korean won


1 511,85




ZAR


South African rand


10,1035




CNY


Chinese yuan renminbi


8,3974




HRK


Croatian kuna


7,5125




IDR


Indonesian rupiah


12 208,57




MYR


Malaysian ringgit


4,0746




PHP


Philippine peso


57,260




RUB


Russian rouble


38,6650




THB


Thai baht


40,946




BRL


Brazilian real


2,4271




MXN


Mexican peso


16,8782




INR


Indian rupee


67,6980






(1)  Source: reference exchange rate published by the ECB.
Case T-581/10: Order of the General Court (Sixth Chamber) of 28 March 2012 — X Technology Swiss v OHIM — Brawn (X-Undergear)
Date: 2012-03-28
Institutions: General Court
Subjects: EU trade mark, textile industry, trade-mark law








C_2012151EN.01003304.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/33





Order of the General Court (Sixth Chamber) of 28 March 2012 — X Technology Swiss v OHIM — Brawn (X-Undergear)
(Case T-581/10) (1)

2012/C 151/59
Language of the case: German
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 63, 26.2.2011.
Non-opposition to a notified concentration (Case COMP/M.6489 — Saint-Gobain/Trakya/Sisecam/JV)  Text with EEA relevance
Date: 2012-03-28
Institutions: European Commission
Subjects: building materials, distributive trades, economic concentration, glass industry, merger control








C_2012091EN.01000101.xml










28.3.2012   


EN


Official Journal of the European Union


C 91/1





Non-opposition to a notified concentration
(Case COMP/M.6489 — Saint-Gobain/Trakya/Sisecam/JV)
(Text with EEA relevance)
2012/C 91/01
On 21 March 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6489. EUR-Lex is the on-line access to the European law.