do-me/EUR-LEX huggingface dataset:
Case C-100/11 P: Judgment of the Court (First Chamber) of 10 May 2012 — Helena Rubinstein, L’Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Allergan Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Community word marks BOTOLIST and BOTOCYL — Community and national figurative and word marks BOTOX — Declaration of invalidity — Relative grounds for refusal — Damage to reputation)
Date: 2012-05-10
Institutions: Court of Justice
Subjects: EU trade mark, European integration, administrative formalities, international trade, registered trade mark








C_2012194EN.01000401.xml










30.6.2012   


EN


Official Journal of the European Union


C 194/4





Judgment of the Court (First Chamber) of 10 May 2012 — Helena Rubinstein, L’Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Allergan Inc.
(Case C-100/11 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Community word marks BOTOLIST and BOTOCYL - Community and national figurative and word marks BOTOX - Declaration of invalidity - Relative grounds for refusal - Damage to reputation)
2012/C 194/05
Language of the case: English

Parties


Appellants: Helena Rubinstein, L’Oréal SA (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Allergan Inc. (represented by: F. Clark, Barrister)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 16 December 2010 in Joined Cases T-345/08 and T-357/08 Rubinstein and l’Oréal v OHIM — Allergan (Botolist and Botocyl), by which the General Court dismissed an action for annulment brought by the proprietor of the Community word mark ‘BOTOLIST’ for goods classified in Class 3, against Decision R 863/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 28 May 2008, which set aside the decision of the Cancellation Division rejecting the application for a declaration of invalidity of that mark, submitted by the proprietor of the Community and national figurative and word marks ‘BOTOX’ for goods classified in Classes 5 and 16 and services classified in Class 42 — Interpretation and application of Art. 8(4) of Regulation (EC) No 40/94 (now Art. 8(4) of Regulation (EC) No 207/2009) — Relative grounds for refusal — Damage to reputation — Interpretation and application of Art. 73 of Regulation No 40/94 (now Art. 75 of Regulation No 207/2009) — Obligation to state reasons

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Helena Rubinstein SNC and L’Oréal SA to pay the costs.






(1)  OJ C 145, 14.5.2011.
2012/603/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European GNSS Agency for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: EU office or agency, European GNSS Agency, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01030501.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/305








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European GNSS Agency for the financial year 2010
(2012/603/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European GNSS Agency for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2010, together with the Agency’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency (3), and in particular Article 14 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0127/2012),






1.   

Approves the closure of the accounts of the European GNSS Agency for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Executive Director of the European GNSS Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 112.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 276, 20.10.2010, p. 11.

(4)  
            OJ L 357, 31.12.2002, p. 72.
2012/565/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: EU office or agency, closing of accounts, general budget (EU), implementation of the budget, vocational training








L_2012286EN.01015501.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/155








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2010
(2012/565/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Centre for the Development of Vocational Training for the financial year 2010, together with the Centre’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (3), and in particular Article 12a thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0129/2012),






1.   

Approves the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Director of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 127.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 39, 13.2.1975, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
2012/607/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: air transport, closing of accounts, general budget (EU), implementation of the budget, joint venture








L_2012286EN.01031901.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/319








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2010
(2012/607/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the Clean Sky Joint Undertaking for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the Clean Sky Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06086/2012 — C7-0050/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (3), and in particular Article 11(4) thereof,










—


having regard to the Financial Rules of the Clean Sky Joint Undertaking adopted by Decision of its Governing Board on 7 November 2008,










—


having regard to Opinion No 2/2011 on the Clean Sky Joint Undertaking’s Financial Rules, delivered by the Court of Auditors on 8 February 2011,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0115/2012),






1.   

Approves the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Executive Director of the Clean Sky Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 368, 16.12.2011, p. 8.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 30, 4.2.2008, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
2012/599/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: European Union Agency for Fundamental Rights, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01028701.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/287








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2010
(2012/599/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Union Fundamental Rights Agency for the financial year 2010, together with the Agency’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 — C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0122/2012),






1.   

Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Director of the European Union Agency for Fundamental Rights, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 9.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 53, 22.2.2007, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
2012/309/EU: Council Decision of 10 May 2012 designating the European Capital of Culture for the year 2016 in Spain and Poland
Date: 2012-05-10
Institutions: Council of the European Union
Subjects: European symbol, Poland, Spain, capital city, cultural event








L_2012154EN.01001101.xml










15.6.2012   


EN


Official Journal of the European Union


L 154/11








            COUNCIL DECISION
         
of 10 May 2012
         
designating the European Capital of Culture for the year 2016 in Spain and Poland
(2012/309/EU)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,


Having regard to the recommendation from the European Commission,


Having regard to the Selection Panel report of June 2011 regarding the selection process of the European Capitals of Culture in Spain and Poland respectively,

Whereas:

Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,

HAS ADOPTED THIS DECISION:



Article 1
Donostia-San Sebastián and Wroclaw are designated as ‘European Capitals of Culture 2016’ in Spain and Poland.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 10 May 2012.


For the Council


The President

U. ELBÆK
            





(1)  
            OJ L 304, 3.11.2006, p. 1.
2012/585/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Railway Agency for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: European Union Agency for Railways, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01023701.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/237








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Railway Agency for the financial year 2010
(2012/585/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Railway Agency for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2010, together with the Agency’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (3), and in particular Article 39 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0118/2012),






1.   

Approves the closure of the accounts of the European Railway Agency for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Executive Director of the European Railway Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 100.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 164, 30.4.2004, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
2012/609/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: closing of accounts, general budget (EU), implementation of the budget, joint venture








L_2012286EN.01032701.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/327








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2010
(2012/609/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06086/2012 — C7-0050/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (3),










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0112/2012),






1.   

Approves the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Executive Director of the ENIAC Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 368, 16.12.2011, p. 48.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 30, 4.2.2008, p. 21.

(4)  
            OJ L 357, 31.12.2002, p. 72.
Support for the establishment of a European Day of Remembrance for the Righteous Declaration of the European Parliament of 10 May 2012 on support for the establishment of a European Day of Remembrance for the Righteous
Date: 2012-05-10
Institutions: European Parliament
Subjects: EU institution, European cultural event, Jew, crime against humanity, public opinion, victim








CE2013261EN.01004001.xml










10.9.2013   


EN


Official Journal of the European Union


CE 261/40





Thursday 10 May 2012Support for the establishment of a European Day of Remembrance for the Righteous
P7_TA(2012)0205
Declaration of the European Parliament of 10 May 2012 on support for the establishment of a European Day of Remembrance for the Righteous
2013/C 261 E/07

The European Parliament,






—


having regard to Rule 123 of its Rules of Procedure,










A.


recalling the great moral significance of the Garden of the Righteous in Jerusalem, initiated by the late Moshe Bejski, paying tribute to those who helped the Jews during the Holocaust;










B.


recalling the institutions that have honoured people who saved lives during all genocides and mass murders (such as the Armenian, Bosnian, Cambodian and Rwandan ones) and the other crimes against humanity perpetrated in the 20th and 21st centuries;










C.


recalling all those who preserved human dignity during Nazism and Communist totalitarianism;










D.


whereas the remembrance of good is essential to the process of European integration because it teaches younger generations that everyone can always choose to help other human beings and defend human dignity, and that public institutions have a duty to highlight the example set by people who managed to protect those persecuted out of hate;










1.


Supports the call made by leading citizens to establish a European Day of Remembrance for the Righteous to commemorate, on 6 March, those who challenged crimes against humanity and totalitarianism with individual responsibility;










2.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the Council and the parliaments of the Member States.






(1)  The list of signatories is published in Annex 1 to the Minutes of 10 May 2012 (P7_PV(2012)05-10(ANN1)).