do-me/EUR-LEX huggingface dataset:
Case T-656/11: Order of the General Court of 28 June 2012 — Morison Menon Chartered Accountants and Others v Council
Date: 2012-06-28
Institutions: General Court
Subjects: Iran, economic sanctions, international sanctions, ownership, rights of the defence








C_2012250EN.01002003.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/20





Order of the General Court of 28 June 2012 — Morison Menon Chartered Accountants and Others v Council
(Case T-656/11) (1)

2012/C 250/38
Language of the case: English
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 58, 25.2.2012.
Case F-139/11: Order of the Civil Service Tribunal of 28 June 2012 — BJ v Commission
Date: 2012-06-28
Institutions: Civil Service Tribunal
Subjects: European Anti-fraud Office, company research, exchange of information, indemnification








C_2012287EN.01004202.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/42





Order of the Civil Service Tribunal of 28 June 2012 — BJ v Commission
(Case F-139/11) (1)

2012/C 287/79
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 65, 3.3.12, p. 25.
Case T-133/09: Judgment of the General Court of 28 June 2012 — I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952) (Community trade mark — Invalidity proceedings — Community figurative mark B. Antonio Basile 1952 — Earlier national word mark BASILE — Relative ground for refusal — Limitation in consequence of acquiescence — Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
Date: 2012-06-28
Institutions: General Court
Subjects: EU trade mark, Italy, registered trade mark, trade-mark law








C_2012243EN.01001401.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/14





Judgment of the General Court of 28 June 2012 — I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952)
(Case T-133/09) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark B. Antonio Basile 1952 - Earlier national word mark BASILE - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
2012/C 243/25
Language of the case: Italian

Parties


Applicants: I Marchi Italiani Srl (Naples, Italy) and Antonio Basile (Giugliano in Campania, Italy); (represented by: G. Militerni, L. Militerni and F. Gimmelli, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by A. Sempio and subsequently by P. Bullock, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Osra SA (Rovereta, Saint-Marin) (represented by: A. Masetti Zannini de Concina, R. Cartella and G. Petrocchi, lawyers)

Re:

Action brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2) relating to invalidity proceedings between Osra SA and M. Antonio Basile.

Operative part of the judgment

The Court:






1.


Removes the name of the second applicant, Antonio Basile, from the list of applicants in Case T-133/09;










2.


Dismisses the action;










3.


Orders I Marchi Italiani Srl to pay the costs, other than those relating to the discontinuance;










4.


Orders Mr Basile to bear his own costs.






(1)  OJ C 141, 20.6.2009.
Case T-134/09: Judgment of the General Court of 28 June 2012 — Basile and I Marchi Italiani v OHIM (B. Antonio Basile 1952) (Community trade mark — Invalidity proceedings — Community figurative mark B. Antonio Basile 1952 — Earlier national word mark BASILE — Relative ground for refusal — Limitation in consequence of acquiescence — Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
Date: 2012-06-28
Institutions: General Court
Subjects: EU trade mark, Italy, registered trade mark, trade-mark law








C_2012243EN.01001501.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/15





Judgment of the General Court of 28 June 2012 — Basile and I Marchi Italiani v OHIM (B. Antonio Basile 1952)
(Case T-134/09) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark B. Antonio Basile 1952 - Earlier national word mark BASILE - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
2012/C 243/26
Language of the case: Italian

Parties


Applicants: Antonio Basile (Giugliano in Campania, Italy); and I Marchi Italiani Srl (Naples, Italy) (represented by: G. Militerni, L. Militerni and F. Gimmelli, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by A. Sempio, and subsequently by P. Bullock, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Osra SA (Rovereta, Saint-Marin) (represented by: A. Masetti Zannini de Concina, R. Cartella and G. Petrocchi, lawyers)

Re:

Action brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 1436/2007-2) relating to invalidity proceedings between Osra SA and M. Antonio Basile.

Operative part of the judgment

The Court:






1.


Removes the name of the second applicant, I Marchi Italiani Srl, from the list of applicants in Case T-134/09;










2.


Dismisses the action;










3.


Orders Mr Antonio Basile to pay the costs, other than those relating to the discontinuance;










4.


Orders I Marchi Italiani Srl to bear its own costs.






(1)  OJ C 141, 20.6.2009.
Case T-280/12: Action brought on 28 June 2012 — Flying Holding and Others v Commission
Date: 2012-06-28
Institutions: General Court
Subjects: award of contract, indemnification, infringement of EU law, restriction on competition, tendering








C_2012258EN.01002402.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/24





Action brought on 28 June 2012 — Flying Holding and Others v Commission
(Case T-280/12)
2012/C 258/45
Language of the case: French

Parties


Applicants: Flying Holding NV (Antwerp-Wilrijk, Belgium); Flying Group Lux SA (Luxembourg, Luxembourg) and Flying Service NV (Antwerp-Deurne, Belgium) (represented by: C. Doutrelepont and V. Chapoulaud, lawyers)

Defendant: European Commission

Form of order sought







—


Order the joinder of the present case with Case T-91/12;










—


Declare the present action admissible and well founded;










—


Annul the decision of the European Commission awarding contract No PMO2/PR/2011/103 to ABELAG AVIATION NV, as set out in contract award notice No 2012/S 83-135396 published on 28 April 2012 in the Supplement to the Official Journal of the European Union (OJ/S — S83);










—


Order the European Commission to pay the applicants compensation of EUR 1 014 400, re-estimated following inflation, until the date of delivery of the future judgment of the General Court liquidating the damage, then increased by late-payment interest to be calculated from that date until payment in full;










—


Order the European Commission to pay all the costs, including those incurred by the applicants.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of Article 89 of the Financial Regulation, (1) by twice consecutively awarding the contract in question to ABELAG AVIATION, in the context of framework contracts, without opening it to effective competition since only ABELAG AVIATION was authorised to enter a bid in both cases.










2.


Second plea in law, alleging infringement of the third subparagraph of Article 123(1) of the Implementing Regulation (2) by awarding the contract in question to ABELAG AVIATION without having admitted a sufficient number of tenderers to ensure true competition by comparing different bids and accepting the most advantageous of them.






(1)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1).

(2)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 357, p. 1).
Case C-7/11: Judgment of the Court (Second Chamber) of 28 June 2012 (reference for a preliminary ruling from the Tribunale di Palermo — Italy) — Criminal proceedings against Fabio Caronna (Medicinal products for human use — Directive 2001/83/EC — Article 77 — Wholesale distribution of medicinal products — Mandatory special authorisation for pharmacists — Conditions for granting)
Date: 2012-06-28
Institutions: Court of Justice
Subjects: interpretation of the law, market approval, medicinal product, penalty, pharmacist, wholesale trade








C_2012258EN.01000501.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/5





Judgment of the Court (Second Chamber) of 28 June 2012 (reference for a preliminary ruling from the Tribunale di Palermo — Italy) — Criminal proceedings against Fabio Caronna
(Case C-7/11) (1)

(Medicinal products for human use - Directive 2001/83/EC - Article 77 - Wholesale distribution of medicinal products - Mandatory special authorisation for pharmacists - Conditions for granting)
2012/C 258/07
Language of the case: Italian

Referring court

Tribunale di Palermo

Party in the main proceedings

Fabio Caronna

Re:

Reference for a preliminary ruling — Tribunale di Palermo –Interpretation of recital 36 and Articles 76 to 84 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67) — Wholesale distribution of medicinal products — Conditions under which authorisation may be granted for the wholesale distribution of medicinal products — National legislation which makes the wholesale distribution of medicinal products by pharmacists and persons authorised or entitled to supply medicinal products to the public subject to the requirement to obtain an authorisation imposed on wholesale distributors — Whether permissible

Operative part of the judgment







1.


Article 77(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Commission Directive 2009/120/EC of 14 September 2009, must be interpreted as meaning that the requirement to obtain authorisation for the wholesale distribution of medicinal products is applicable to a pharmacist who, as a natural person, is also authorised under domestic law to operate as a wholesaler in medicinal products.










2.


A pharmacist who is also authorised under domestic law to operate as a wholesaler in medicinal products must satisfy all the requirements imposed on applicants for and holders of authorisation for the wholesale distribution of medicinal products in Articles 79 to 82 of the Directive.










3.


That interpretation cannot, of itself and independently of a law adopted by a Member State, give rise to or aggravate liability in criminal law on the part of a pharmacist who has engaged in activity as a wholesale distributor in medicinal products without the requisite authorisation.






(1)  OJ C 80, 12.3.2011.
Case C-312/12: Reference for a preliminary ruling from the Tribunal du travail de Huy (Belgium) lodged on 28 June 2012 — Agim Ajdini v État belge, Service des Allocations aux Handicapés
Date: 2012-06-28
Institutions: Court of Justice
Subjects: Belgium, accession to the European Union, care of people with disabilities, discrimination on the basis of nationality, foreign national, interpretation of the law, social security








C_2012287EN.01002001.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/20





Reference for a preliminary ruling from the Tribunal du travail de Huy (Belgium) lodged on 28 June 2012 — Agim Ajdini v État belge, Service des Allocations aux Handicapés
(Case C-312/12)
2012/C 287/37
Language of the case: French

Referring court

Tribunal du travail de Huy

Parties to the main proceedings


Applicant: Agim Ajdini

Defendant: État belge, Service des Allocations aux Handicapés

Questions referred







1.


Is Article 4 of the Law of 27 February 1987 on Disability Benefits compatible with European Union Law, and in particular with the Charter of Fundamental Rights of the European Union (200/C 364/01), inter alia Articles 20, 21 and 26 thereof, in so far as it excludes from entitlement to disability benefits, solely on grounds of nationality, a foreign national who is lawfully resident in Belgium, is entered in the Aliens Register and has strong and long-standing links with Belgium, having lived there with his family for 12 years, with the particular circumstance that that foreign person is a national of a third country which is an official candidate for accession to the European Union?










2.


Is Article 26(4) of the Special Law of 6 January 1989 on the Court of Arbitration compatible with European law, and in particular with Article 234 of the Treaty establishing the European Community?
Case T-314/10: Order of the General Court of 28 June 2012 — Constellation Brands v OHIM (COOK’S) (Community trade mark — Word mark COOK’S — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009)
Date: 2012-06-28
Institutions: General Court
Subjects: EU trade mark, bottled wine, registered trade mark, trade-mark law








C_2012243EN.01001702.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/17





Order of the General Court of 28 June 2012 — Constellation Brands v OHIM (COOK’S)
(Case T-314/10) (1)

(Community trade mark - Word mark COOK’S - Failure to apply for renewal of the mark - Cancellation of the mark upon expiry of the registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)
2012/C 243/32
Language of the case: English

Parties


Applicant: Constellation Brands, Inc. (Fairport, United States of America) (represented by: B. Brandreth, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and V. Melgar, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1048/2009-1) in so far as it dismissed the application for restitutio in integrum

Operative part of the order







1.


Dismisses the action.










2.


Orders Constellation Brands, Inc., to pay the costs.






(1)  OJ C 260, 25.9.2010.
Case C-599/11 P: Order of the Court (Fifth Chamber) of 28 June 2012 — TofuTown.com GmbH; other parties to the proceedings: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity)
Date: 2012-06-28
Institutions: Court of Justice
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2012303EN.01000603.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/6





Order of the Court (Fifth Chamber) of 28 June 2012 — TofuTown.com GmbH; other parties to the proceedings: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG, Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-599/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Application for registration of the word sign ‘TOFUKING’ - Opposition by the proprietor of the trade mark Curry King - Regulation (EC) No 207/2009 - Article 8(1)(b) - Likelihood of confusion - Degree of similarity)
2012/C 303/12
Language of the case: German

Parties


Appellant: TofuTown.com GmbH (represented by: B. Krause, Rechtsanwältin)

Other parties to the proceedings: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (represented by: S. Russlies, Rechtsanwalt), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 20 September 2011 in Case T-99/10 Meica v OHIM — TofuTown.com (TOFUKING), in which the General Court annulled the decision of the Fourth Board of Appeal of OHIM of 7 January 2010 (Case R 63/2009-4) concerning opposition proceedings between Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG and TofuTown.com GmbH — Likelihood of confusion

Operative part of the order

The Court:






1.


Dismisses the appeal;










2.


Orders TofuTown.com GmbH to bear its own costs and to pay the costs incurred by Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG;










3.


Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.






(1)  OJ C 133, 5.5.2012.
Prior notification of a concentration (Case COMP/M.6609 — Lagardère/Bouygues/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-06-28
Institutions: European Commission
Subjects: advertising, economic concentration, merger control, publishing, telecommunications industry








C_2012188EN.01000401.xml










28.6.2012   


EN


Official Journal of the European Union


C 188/4





Prior notification of a concentration
(Case COMP/M.6609 — Lagardère/Bouygues/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 188/03






1.


On 20 June 2012, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Lagardère Publicité (France), a member of the Lagardère group (France), and TF1 Publicité (France), controlled by the Bouygues group (France), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Newco (France) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


Lagardère Publicité is the Lagardère group’s advertising sales division,










—


The Lagardère group is active in particular in the areas of book and magazine publishing, and audiovisual production and distribution,










—


TF1 Publicité is the TF1 company’s advertising sales division,










—


The Bouygues group is active in the areas of television, telecommunications, construction and public works, road building, real estate, and energy and rail transport infrastructures,










—


Newco will sell at auction and in real time the spare advertising space of its website editor clients.














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.6609 — Lagardère/Bouygues/JV, 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’).
Corrigendum to Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau ( OJ L 119, 4.5.2012 )
Date: 2012-06-28
Institutions: Council of the European Union
Subjects: Guinea-Bissau, economic sanctions, international sanctions




L_2012168EN.01005501.xml










28.6.2012   


EN


Official Journal of the European Union


L 168/55







Corrigendum to Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau
(
Official Journal of the European Union L 119 of 4 May 2012
)

On page 3, Article 8(1):
for:


‘1.   Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, the natural and legal persons, entities and bodies listed in Annex I shall:






(a)


supply …’,






read:


‘1.   Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:






(a)


supply …’.
Case C-408/11: Order of the President of the Court of 28 June 2012 — (reference for a preliminary ruling from the Amtsgericht Münster — Germany) — Criminal proceedings against Thomas Karl-Heinz Kerkhoff, intervener: Amtsgericht Münster
Date: 2012-06-28
Institutions: Court of Justice
Subjects: EU Member State, driving licence, harmonisation of standards








C_2012389EN.01000602.xml










15.12.2012   


EN


Official Journal of the European Union


C 389/6





Order of the President of the Court of 28 June 2012 — (reference for a preliminary ruling from the Amtsgericht Münster — Germany) — Criminal proceedings against Thomas Karl-Heinz Kerkhoff, intervener: Amtsgericht Münster
(Case C-408/11) (1)

2012/C 389/10
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 211, 22.10.2011.
Case F-140/11: Order of the Civil Service Tribunal of 28 June 2012 — BK v Commission
Date: 2012-06-28
Institutions: Civil Service Tribunal
Subjects: European Anti-fraud Office, company research, exchange of information, indemnification








C_2012287EN.01004203.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/42





Order of the Civil Service Tribunal of 28 June 2012 — BK v Commission
(Case F-140/11) (1)

2012/C 287/80
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 65, 3.3.12, p. 25.