do-me/EUR-LEX huggingface dataset:
Case C-268/12 P: Appeal brought on 30 May 2012 by Cadila Healthcare Ltd against the judgment of the General Court (Fifth Chamber) delivered on 15 March 2012 in Case T-288/08: Cadila Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-05-30
Institutions: Court of Justice
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2012258EN.01001002.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/10





Appeal brought on 30 May 2012 by Cadila Healthcare Ltd against the judgment of the General Court (Fifth Chamber) delivered on 15 March 2012 in Case T-288/08: Cadila Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-268/12 P)
2012/C 258/17
Language of the case: English

Parties


Appellant: Cadila Healthcare Ltd (represented by: S. Malynicz, Barrister)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Novartis AG

Form of order sought

The appellant seeks the following Order:






—


The judgment of the General Court in case T-288/08 dated 15 March 2012 shall be annulled.










—


The Office and intervener shall bear their own costs and pay those of the applicant.





Pleas in law and main arguments

The appellant submits that the contested judgment shall be annulled on the following grounds:






 


The General Court breached Article 113 of the Rules of Procedure in that it should have ruled that the proceedings had become devoid of purpose in light of the fact that by the date of the judgment the earlier mark had not been renewed and further that the additional six months grace period under Article 47(3) CTMR (1) had expired.










 


On the question of phonetic similarity, the General Court distorted the evidence and incorrectly assessed the facts, and its decision contains a substantive inaccuracy in the findings attributable to the documents submitted to it.










 


The General Court failed to take into account of the involvement of professionals in the sale of pharmaceutical products.










 


On the question of visual similarity, the General court misapplied its own case law to the effect that the beginnings of marks are generally considered to be the most important and that in marks which are relatively short such as those in this case, the central elements are as important as the elements at the beginning and end of the sign.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
Prior notification of a concentration (Case COMP/M.6517 — The Klesch Group/Arkema's Vinyl Products business) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-05-30
Institutions: European Commission
Subjects: aluminium, chlorine, economic concentration, merger control, oil refining, plastics








C_2012152EN.01002501.xml










30.5.2012   


EN


Official Journal of the European Union


C 152/25





Prior notification of a concentration
(Case COMP/M.6517 — The Klesch Group/Arkema's Vinyl Products business)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 152/09






1.


On 21 May 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Klesch Group Limited, controlled by the Klesch Group (‘The Klesch Group’, Malta) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Arkema's Vinyl Products business by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for the Klesch Group: oil refining and aluminum,










—


for Arkema's Vinyl Products Business: the production of chlorine and chlorinated derivatives, caustic soda, polyvinyl chloride (PVC) subdivided into emulsion PVC and suspension PVC, pipes, compounds and profiles.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6517 — The Klesch Group/Arkema's Vinyl Products business, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-231/12: Action brought on 30 May 2012 — Rocket Dog Brands/OHIM — Julius-K9 (JULIUS K9)
Date: 2012-05-30
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, trade-mark law








C_2012227EN.01002702.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/27





Action brought on 30 May 2012 — Rocket Dog Brands/OHIM — Julius-K9 (JULIUS K9)
(Case T-231/12)
2012/C 227/47
Language in which the application was lodged: English

Parties


Applicant: Rocket Dog Brands LLC (Heywood, USA) (represented by: C. Aikens, Barrister)

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

Other party to the proceedings before the Board of Appeal: Julius-K9 bt (Szigetszentmiklós, Hungary)

Form of order sought







—


To annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 21 March 2012 (R 1124/2011-4) insofar as it rejects the Opposition in relation to all goods in class 25; and










—


to order the Applicant to pay the costs incurred by the Opponent





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘JULIUS K9’ for goods in Classes 18, 25 and 28 — Community trade mark application No 8 542 201

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Two figurative marks depicting a dog, (crossed) bone(s) and the alphanumeric combination ‘K 9’ for goods in Classes 14, 18 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8 (1)(b) of Council Regulation No 207/2009.
Notice of creditors' meeting of Landsbanki Íslands hf. pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Date: 2012-05-30
Institutions: European Commission
Subjects: Iceland, claim, credit institution, economic reconstruction, financial intervention, liquidation








C_2012152EN.01000401.xml










30.5.2012   


EN


Official Journal of the European Union


C 152/4





Notice of creditors' meeting of Landsbanki Íslands hf. pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
2012/C 152/04

CREDITORS’ MEETING

On Thursday, 31 May 2012, at 9.00, a meeting will be held with creditors in the winding-up proceedings of Landsbanki Íslands hf., Reg. No 540291-2259, at Hilton Hotel Nordica, Suðurlandsbraut 2, Reykjavík.
Meeting agenda:






1.


meeting called to order, selection of chairman and secretary for the meeting;










2.


status of the winding-up proceedings and presentation of the principal measures taken since the last creditors' meeting;










3.


financials as of the end of Q1 2012;










4.


disputes on claims lodged and other cases currently before the courts;










5.


presentation of decisions by the Winding-up Board concerning partial payments which have been made to creditors, in accordance with the authorisation in the sixth paragraph of Article 102 of the Act on Financial Undertakings, No 161/2002, as subsequently amended;










6.


creditors will have the opportunity to object to the Winding-up Board's decision on the exchange rate reference of partial payments as referred to in item 5 of the agenda. Should no such objections be submitted, the decision is considered final;










7.


discussions and Q & A.




The meeting will be held in Icelandic with English interpretation available. Entitled to attend the meeting are those parties who have lodged claims against the bank which have not been finally rejected or parties to whom such claims have been lawfully assigned.

Reykjavík, 15 May 2012.


The Winding-up Board of Landsbanki Íslands hf.

Halldór H. BACKMAN, Supreme Court attorney

Herdís HALLMARSDÓTTIR, Supreme Court attorney and
Kristinn BJARNASON, Supreme Court attorney
Case T-244/12: Action brought on 30 May 2012 — Unister v OHIM (fluege.de)
Date: 2012-05-30
Institutions: General Court
Subjects: EU trade mark, electronic commerce, registered trade mark, trade-mark law








C_2012217EN.01002802.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/28





Action brought on 30 May 2012 — Unister v OHIM (fluege.de)
(Case T-244/12)
2012/C 217/59
Language of the case: German

Parties


Applicant: Unister GmbH (Leipzig, Germany) (represented by H. Hug and A. Kessler-Jensch, lawyers)

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

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2012 in Case R 2149/2011-1;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘fluege.de’ for goods in Classes 25, 28, 35, 39, 41 and 43

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:







—


infringement of Article 7(1)(b) and (c) of Regulation No 207/2009










—


infringement of Article 7(3) of Regulation No 207/2009
Case T-227/12: Action brought on 30 May 2012 — Saobraćajni institut CIP v Commission
Date: 2012-05-30
Institutions: General Court
Subjects: Serbia, award of contract, invitation to tender, rail network








C_2012227EN.01002602.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/26





Action brought on 30 May 2012 — Saobraćajni institut CIP v Commission
(Case T-227/12)
2012/C 227/45
Language of the case: English

Parties


Applicant: Saobraćajni institut CIP d.o.o. (Belgrade, Serbia) (represented by: A. Lojpur, lawyer)

Defendant: European Commission

Form of order sought







—


Annul a call for tender published on 3 April 2012, concerning preparation of technical documentation for the rail modernization project ‘Construction of new single track railway bypass of Niš, from Robna station to Sicevo station’ in accordance with EU interoperability standards, AGC, AGTC and the SEECP Agreement (OJ 2012/S 65-104847), excluding the applicant from participating in it;










—


Award damages for the alleged pecuniary loss;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging






—


that there was no legal ground for a priori exclusion of the applicant in participating in a call for tender in question since there was no conflict of interest;














2.


Second plea in law, alleging






—


that the applicant’s exclusion from tender is contrary to IPA Regulation (1);














3.


Third plea in law, alleging






—


that the conditions for awarding the contract were unlawful.










(1)  Council Regulation (EC) No 1085/2006 of 17.7.2006 establishing an Instrument for Pre-Accession Assistance (IPA) (OJ L 210, p. 82)
Case T-239/12: Action brought on 30 May 2012 — Jyoti Ceramic Industries v OHIM — DeguDent (ZIECON)
Date: 2012-05-30
Institutions: General Court
Subjects: EU trade mark, ceramics, registered trade mark, trade-mark law








C_2012209EN.01001301.xml










14.7.2012   


EN


Official Journal of the European Union


C 209/13





Action brought on 30 May 2012 — Jyoti Ceramic Industries v OHIM — DeguDent (ZIECON)
(Case T-239/12)
2012/C 209/22
Language in which the application was lodged: German

Parties


Applicant: Jyoti Ceramic Industries PVT. Ltd (Nashik, India) (represented by: R. Egerer, D. Jochim and A. Kolb, lawyers)

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

Other party to the proceedings before the Board of Appeal: DeguDent GmbH (Hanau-Wolfgang, Germany)

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 21 March 2012 in Case R 2546/2010-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Jyoti Ceramic Industries

Community trade mark concerned: Figurative mark ‘ZIECON’ for goods in Classes 5, 10 and 40 (application No 8 272 271)

Proprietor of the mark or sign cited in the opposition proceedings: DeguDent GmbH

Mark or sign cited in opposition: Word mark ‘CERCON’ for goods in Classes 5, 9 and 10

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal allowed and registration refused
Pleas in law:






—


Infringement of Article 8(1)(b) of Regulation No 207/2009










—


Infringement of Article 76 of Regulation No 207/2009 in conjunction with Rules 50(1) and 19(1) and (3) of the implementing regulation
Prior notification of a concentration (Case COMP/M.6603 — Hon Hai/Sharp/Sharp Display Products)  Text with EEA relevance
Date: 2012-05-30
Institutions: European Commission
Subjects: consumer goods, economic concentration, electronic component, merger control, screen








C_2012152EN.01002401.xml










30.5.2012   


EN


Official Journal of the European Union


C 152/24





Prior notification of a concentration
(Case COMP/M.6603 — Hon Hai/Sharp/Sharp Display Products)
(Text with EEA relevance)
2012/C 152/08






1.


On 21 May 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Hon Hai Precision Industry Co. (‘Hon Hai’, Taiwan) and Sharp Corporation (‘Sharp’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Sharp Display Products Corporation (‘SDP’, Japan) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Sharp: manufacturing and sale of a wide range of consumer and information products and electronic components,










—


for Hon Hai: providing electronic manufacturing services to original equipment manufacturers of electronic products, and manufacturing and selling a limited range of electronic products and components under its own brand,










—


for SDP: manufacturing and sale of thin film transistor liquid crystal displays (‘TFT-LCD’) panels.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6603 — Hon Hai/Sharp/Sharp Display Products, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Case C-267/12: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 30 May 2012 — Frédéric Hay v Crédit agricole mutuel de Charente-Maritime et des Deux-Sèvres
Date: 2012-05-30
Institutions: Court of Justice
Subjects: equal treatment, interpretation of the law, married person, working conditions








C_2012250EN.01000901.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/9





Reference for a preliminary ruling from the Cour de cassation (France) lodged on 30 May 2012 — Frédéric Hay v Crédit agricole mutuel de Charente-Maritime et des Deux-Sèvres
(Case C-267/12)
2012/C 250/15
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: Frédéric Hay

Defendant: Crédit agricole mutuel de Charente-Maritime et des Deux-Sèvres

Question referred

Must Article 2(2)(b) of Council Directive 2000/78/EC (1) of 27 November 2000 be interpreted as meaning that the choice of the national legislature to allow only persons of different sexes to marry can constitute a legitimate, appropriate and necessary aim such as to justify indirect discrimination resulting from the fact that a collective agreement which reserves an advantage in respect of pay and working conditions to employees who marry, thereby necessarily excluding from the benefit of that advantage same-sex partners who have entered into a civil solidarity pact?


(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).
Corrigendum to Council Implementing Regulation (EU) No 102/2012 of 27 January 2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People’s Republic of China and Ukraine as extended to imports of steel ropes and cables consigned from Morocco, Moldova and the Republic of Korea, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of steel ropes and cables originating in South Africa pursuant to Article 11(2) of Regulation (EC) No 1225/2009 ( OJ L 36, 9.2.2012 )
Date: 2012-05-30
Institutions: Council of the European Union
Subjects: China, Moldova, Morocco, South Africa, South Korea, Ukraine, anti-dumping duty, import (EU), industrial product, originating product, steel








L_2012140EN.01007401.xml










30.5.2012   


EN


Official Journal of the European Union


L 140/74







Corrigendum to Council Implementing Regulation (EU) No 102/2012 of 27 January 2012 imposing a definitive anti-dumping duty on imports of steel ropes and cables originating in the People’s Republic of China and Ukraine as extended to imports of steel ropes and cables consigned from Morocco, Moldova and the Republic of Korea, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 and terminating the expiry review proceeding concerning imports of steel ropes and cables originating in South Africa pursuant to Article 11(2) of Regulation (EC) No 1225/2009
(
Official Journal of the European Union L 36 of 9 February 2012
)

Page 15, Article 1(4), the end of the opening sentence:
for:

               ‘…, with the exception of those produced by the companies listed below:’,
read:

               ‘…, with the exception of those produced by the companies listed below (1):


(1)  The conditions provided in Article 1(2) of Implementing Regulation (EU) No 400/2010 apply to the companies hereby listed.’.
Euro exchange rates
Date: 2012-05-30
Institutions: European Commission
Subjects: euro, exchange rate








C_2012152EN.01000101.xml










30.5.2012   


EN


Official Journal of the European Union


C 152/1





Euro exchange rates (1)

28 May 2012
2012/C 152/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2566




JPY


Japanese yen


99,75




DKK


Danish krone


7,4303




GBP


Pound sterling


0,8001




SEK


Swedish krona


8,9982




CHF


Swiss franc


1,2019




ISK


Iceland króna


 




NOK


Norwegian krone


7,5359




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,309




HUF


Hungarian forint


298,38




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,698




PLN


Polish zloty


4,3394




RON


Romanian leu


4,468




TRY


Turkish lira


2,3074




AUD


Australian dollar


1,274




CAD


Canadian dollar


1,2871




HKD


Hong Kong dollar


9,7542




NZD


New Zealand dollar


1,6477




SGD


Singapore dollar


1,6038




KRW


South Korean won


1 483,09




ZAR


South African rand


10,461




CNY


Chinese yuan renminbi


7,956




HRK


Croatian kuna


7,5576




IDR


Indonesian rupiah


11 814,52




MYR


Malaysian ringgit


3,9495




PHP


Philippine peso


54,662




RUB


Russian rouble


40,116




THB


Thai baht


39,721




BRL


Brazilian real


2,4826




MXN


Mexican peso


17,517




INR


Indian rupee


69,345






(1)  Source: reference exchange rate published by the ECB.
Euro exchange rates
Date: 2012-05-30
Institutions: European Commission
Subjects: euro, exchange rate








C_2012152EN.01000201.xml










30.5.2012   


EN


Official Journal of the European Union


C 152/2





Euro exchange rates (1)

29 May 2012
2012/C 152/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2523




JPY


Japanese yen


99,64




DKK


Danish krone


7,4307




GBP


Pound sterling


0,79940




SEK


Swedish krona


8,9865




CHF


Swiss franc


1,2015




ISK


Iceland króna


 




NOK


Norwegian krone


7,5205




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,512




HUF


Hungarian forint


297,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6983




PLN


Polish zloty


4,3610




RON


Romanian leu


4,4653




TRY


Turkish lira


2,3008




AUD


Australian dollar


1,2737




CAD


Canadian dollar


1,2835




HKD


Hong Kong dollar


9,7224




NZD


New Zealand dollar


1,6481




SGD


Singapore dollar


1,6001




KRW


South Korean won


1 472,72




ZAR


South African rand


10,4489




CNY


Chinese yuan renminbi


7,9301




HRK


Croatian kuna


7,5700




IDR


Indonesian rupiah


11 886,57




MYR


Malaysian ringgit


3,9531




PHP


Philippine peso


54,305




RUB


Russian rouble


40,3170




THB


Thai baht


39,735




BRL


Brazilian real


2,4846




MXN


Mexican peso


17,4445




INR


Indian rupee


69,7220






(1)  Source: reference exchange rate published by the ECB.
Appointment of the Hearing Officer in trade proceedings
Date: 2012-05-30
Institutions: European Commission
Subjects: accountant, appointment of members, commercial court, self-employed person








C_2012152EN.01000301.xml










30.5.2012   


EN


Official Journal of the European Union


C 152/3





Appointment of the Hearing Officer in trade proceedings
2012/C 152/03
With effect from 1 May 2012, the Commission appointed Mr Dominique AVOT to the post of Hearing Officer, in accordance with Article 3 of the Decision of the President of the European Commission of 29 February 2012 on the function and terms of reference of the hearing officer in certain trade proceedings (OJ L 107, 19.4.2012, p. 5).