do-me/EUR-LEX huggingface dataset:
Case T-382/11: Order of the General Court of 9 July 2012 — Pigui v Commission (Action for failure to act — Position taken — Application for directions to be issued — Manifest inadmissibility)
Date: 2012-07-09
Institutions: General Court
Subjects: EU programme, continuing education, human rights, university








C_2012273EN.01000901.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/9





Order of the General Court of 9 July 2012 — Pigui v Commission
(Case T-382/11) (1)

(Action for failure to act - Position taken - Application for directions to be issued - Manifest inadmissibility)
2012/C 273/14
Language of the case: English

Parties


Applicant: Cristina Pigui (Strejnic, Romania) (represented by: M. Alexe, lawyer)

Defendant: European Commission (represented by: J. Enegren and D. Roussanov, Agents)

Re:

Action for failure to act, seeking a declaration that the European Commission unlawfully failed to define its position on the applicant’s request, first, to initiate, pursuant to Articles 4 and 15 of Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning (OJ 2006 L 327, p. 45), an investigation into the Online Master organised by the European Online Academy (EOA), founded by the Centre international de formation européenne (CIFE), in cooperation with the Jean Monnet Chair at the University of Cologne (Germany), and, second, to take all measures provided for by Article 6 of that decision in order to prevent further illegal conduct, to restore the situation ab initio of those persons affected by such illegal conduct or, at least, in so far as the applicant is concerned, and, lastly, to withdraw the funding for that Master if it fails to comply with key human rights principles, to which reference is made in Article 1(3)(i) of that decision, and relevant principles of European Union law.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Cristina Pigui shall pay the costs.






(1)  OJ C 282, 24.9.2011.
Case T-304/12: Action brought on 9 July 2012 — Message Management v OHIM — Absacker (ABSACKER of Germany)
Date: 2012-07-09
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2012273EN.01001702.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/17





Action brought on 9 July 2012 — Message Management v OHIM — Absacker (ABSACKER of Germany)
(Case T-304/12)
2012/C 273/30
Language in which the application was lodged: German

Parties


Applicant: Message Management GmbH (Wiesbaden, Germany) (represented by: C. Konle, lawyer)

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

Other party to the proceedings before the Board of Appeal: Absacker GmbH (Cologne, Germany)

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 21 March 2012 in Case R 1028/2011-1 and dismiss the appeal relating to Opposition No B 1663700, which was brought against Community trade mark application No 8753691 filed by the applicant;










—


order the defendant to pay the costs;










—


in the alternative, 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 1028/2011-1 and dismiss the appeal relating to Opposition No B 1663700, which was brought against Community trade mark application No 8753691 filed by the applicant, in so far as concerns Classes 32 and 33;










—


in the further alternative, 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 1028/2011-1 and dismiss the appeal relating to Opposition No B 1663700, which was brought against Community trade mark application No 8753691 filed by the applicant, in so far as concerns Class 33.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark in black and white, which represents an eagle and contains the word elements ‘ABSACKER of Germany’, for goods in Classes 25, 32 and 33 — Community trade mark application No 8 753 691

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

Mark or sign cited in opposition: the national figurative marks in black, orange and white containing the word elements ‘ABSACKER’ for goods in Classes 25, 33 and 43

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was upheld and the mark applied for was rejected

Pleas in law: Erroneous assumption that the signs are similar and that there is a likelihood of confusion
Case C-298/11: Order of the President of the Court of 9 July 2012 (reference for a preliminary ruling from the Administrativen sad Varna — Bulgaria) — Dobrudzhanska petrolna kompania AD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna, pri Tsentralno upravlenie na Natsionalnata Agentsia po Prihodite
Date: 2012-07-09
Institutions: Court of Justice
Subjects: Bulgaria, VAT, basis of tax assessment, interpretation of the law, value of trade








C_2012303EN.01002101.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/21





Order of the President of the Court of 9 July 2012 (reference for a preliminary ruling from the Administrativen sad Varna — Bulgaria) — Dobrudzhanska petrolna kompania AD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna, pri Tsentralno upravlenie na Natsionalnata Agentsia po Prihodite
(Case C-298/11) (1)

2012/C 303/36
Language of the case: Bulgarian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 232, 6.8.2011.
Commission Regulation (EU) No 611/2012 of 9 July 2012 amending Annex II to Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services  Text with EEA relevance
Date: 2012-07-09
Institutions: European Commission
Subjects: bus, international market, provision of services, technical specification, transport licence








L_2012178EN.01000401.xml










10.7.2012   


EN


Official Journal of the European Union


L 178/4








            COMMISSION REGULATION (EU) No 611/2012
of 9 July 2012
         
amending Annex II to Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (1), and in particular Article 4(2) thereof,

Whereas:







(1)


The colour of the Community licence model is defined as ‘Colour Pantone light blue’ in Annex II to Regulation (EC) No 1073/2009.












(2)


There is a need to specify the colour more precisely in order to encourage homogeneity and uniform interpretation and application of Regulation (EC) No 1073/2009.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 26 of Regulation (EC) No 1073/2009,





HAS ADOPTED THIS REGULATION:



Article 1
In Annex II to Regulation (EC) No 1073/2009, in the fourth line, the sentence ‘Colour Pantone light blue, format DIN A4 cellulose paper 100 g/m2 or more’ is replaced by the following:

               ‘Colour Pantone light blue 290, or as close as possible to this colour, format DIN A4 cellulose paper 100 g/m2 or more’.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 300, 14.11.2009, p. 88.
Case C-331/12: Action brought on 9 July 2012 — European Commission v Republic of Poland
Date: 2012-07-09
Institutions: Court of Justice
Subjects: consumer protection, data protection, national implementing measure, regulation of telecommunications








C_2012287EN.01002401.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/24





Action brought on 9 July 2012 — European Commission v Republic of Poland
(Case C-331/12)
2012/C 287/44
Language of the case: Polish

Parties


Applicant: European Commission (represented by: P. Hetsch, L. Nicolae and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting the laws, regulations and administrative provisions necessary to give effect to Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, (1) and in any event by not informing the Commission of those provisions, the Republic of Poland has failed to fulfil its obligations under Article 4 of that directive;










—


impose on the Republic of Poland, in accordance with Article 260(3) TFEU, a periodic penalty payment for failure to comply with its obligation to notify the Commission of the measures for transposing Directive 2009/136, at a daily rate of EUR 56 095,2, payable from the date on which judgment is delivered in the present case;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period within which Directive 2009/136 had to be transposed expired on 25 May 2011.


(1)  OJ 2009 L 337, p. 11.
Case C-330/12: Action brought on 9 July 2012 — European Commission v Republic of Poland
Date: 2012-07-09
Institutions: Court of Justice
Subjects: Poland, infringement of EU law, national implementing measure, periodic penalty payment, telecommunications policy, transmission network








C_2012287EN.01002302.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/23





Action brought on 9 July 2012 — European Commission v Republic of Poland
(Case C-330/12)
2012/C 287/43
Language of the case: Polish

Parties


Applicant: European Commission (represented by: P. Hetsch, L. Nicolae and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting the laws, regulations and administrative provisions necessary to give effect to Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services, (1) and in any event by not informing the Commission of those provisions, the Republic of Poland has failed to fulfil its obligations under Article 5 of that directive;










—


impose on the Republic of Poland, in accordance with Article 260(3) TFEU, a periodic penalty payment for failure to comply with its obligation to notify the Commission of the measures for transposing Directive 2009/140, at a daily rate of EUR 56 095,2, payable from the date on which judgment is delivered in the present case;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period within which Directive 2009/140 had to be transposed expired on 25 May 2011.


(1)  OJ 2009 L 337, p. 37.
Commission Regulation (EU) No 612/2012 of 9 July 2012 amending Annexes II and III to Regulation (EC) No 1072/2009 of the European Parliament and of the Council on common rules for access to the international road haulage market  Text with EEA relevance
Date: 2012-07-09
Institutions: European Commission
Subjects: carriage of goods, international road transport, market access, technical specification, transport licence








L_2012178EN.01000501.xml










10.7.2012   


EN


Official Journal of the European Union


L 178/5








            COMMISSION REGULATION (EU) No 612/2012
of 9 July 2012
         
amending Annexes II and III to Regulation (EC) No 1072/2009 of the European Parliament and of the Council on common rules for access to the international road haulage market
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (1), and in particular Articles 4(4) and 5(5) thereof,

Whereas:







(1)


The colour of the Community licence model is defined as ‘Colour Pantone light blue’ at the beginning of Annex II to Regulation (EC) No 1072/2009.












(2)


The colour of the Driver attestation model is defined as ‘Colour Pantone pink’ at the beginning of Annex III to Regulation (EC) No 1072/2009.












(3)


There is a need to specify the colours more precisely in order to encourage homogeneity and uniform interpretation and application of Regulation (EC) No 1072/2009.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 15 of Regulation (EC) No 1072/2009,





HAS ADOPTED THIS REGULATION:



Article 1
Regulation (EC) No 1072/2009 is amended as follows:






(1)


in Annex II, in the fourth line, the sentence ‘Colour Pantone light blue, format DIN A4 cellulose paper 100 g/m2 or more’ is replaced by the following:

                        ‘Colour Pantone light blue 290, or as close as possible to this colour, format DIN A4 cellulose paper 100 g/m2 or more’;










(2)


in Annex III, in the fourth line, the sentence ‘Colour Pantone pink, format DIN A4 cellulose paper 100 g/m2 or more’ is replaced by the following:

                        ‘Colour Pantone pink 182, or as close as possible to this colour, format DIN A4 cellulose paper 100 g/m2 or more’.






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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 300, 14.11.2009, p. 72.
Case T-300/12: Action brought on 9 July 2012 — Lidl Stiftung v OHIM — A Colmeia do Minho (FAIRGLOBE)
Date: 2012-07-09
Institutions: General Court
Subjects: EU trade mark, Portugal, aperitif, infringement of EU law, registered trade mark, trade-mark law








C_2012273EN.01001602.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/16





Action brought on 9 July 2012 — Lidl Stiftung v OHIM — A Colmeia do Minho (FAIRGLOBE)
(Case T-300/12)
2012/C 273/28
Language in which the application was lodged: English

Parties


Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and A. Berger, lawyers)

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

Other party to the proceedings before the Board of Appeal: A Colmeia do Minho Lda (Aldeia de Paio Pires, Portugal)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 April 2012 in case R 1981/2010-2 insofar as the opposition was upheld;










—


Order the defendant to pay the costs of the proceedings; and










—


Order the intervener to pay the costs of the proceedings before the Office.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘FAIRGLOBE’, for goods and services in classes 18, 20, 24, 25, 29, 30, 31, 32 and 33 — Community trade mark application No 6896261

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: Portuguese trade mark registration No 221497 of the figurative mark ‘GLOBO PORTUGAL’, for goods in class 30; Portuguese trade mark registration No 221498 of the figurative mark ‘GLOBO PORTUGAL’, for goods in class 29; Portuguese trade mark registration No 311549 of the word mark ‘GLOBO’, for goods in class 29; Portuguese trade mark registration No 337398 of the word mark ‘GLOBO’, for goods in classes 2, 29 and 30

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Partially upheld the appeal and partially dismissed it

Pleas in law:







—


Infringement of Article 15(1) in combination with Article 42(2) and (3) of Council Regulation No 207/2009 and Rule 22(3) and (4) of Commission Regulation No 2868/95;










—


Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Commission Implementing Regulation (EU) No 614/2012 of 9 July 2012 approving non-minor amendments to the specification for a name entered in the register of traditional specialities guaranteed (Falukorv (TSG))
Date: 2012-07-09
Institutions: European Commission
Subjects: Sweden, meat product, originating product, product designation








L_2012178EN.01000701.xml










10.7.2012   


EN


Official Journal of the European Union


L 178/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 614/2012
of 9 July 2012
         
approving non-minor amendments to the specification for a name entered in the register of traditional specialities guaranteed (Falukorv (TSG))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,

Whereas:







(1)


By virtue of the first subparagraph of Article 11(1) of Regulation (EC) No 509/2006, the Commission has examined Sweden’s application for the approval of amendments to the specification for the traditional speciality guaranteed ‘Falukorv’ registered under Commission Regulation (EC) No 2430/2001 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 11 of Regulation (EC) No 509/2006, the Commission published the amendment application in the Official Journal of the European Union, as required by the first subparagraph of Article 8(2) of that Regulation (3). As no statement of objection within the meaning of Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 1.

(2)  
            OJ L 328, 13.12.2001, p. 29.

(3)  
            OJ C 251, 27.8.2011, p. 6.




ANNEX
Products intended for human consumption listed in Annex I to the Treaty:

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

SWEDEN
Falukorv (TSG)
Commission Regulation (EU) No 613/2012 of 9 July 2012 amending Annex III to Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator  Text with EEA relevance
Date: 2012-07-09
Institutions: European Commission
Subjects: access to a profession, carrier, professional qualifications, road transport, technical specification








L_2012178EN.01000601.xml










10.7.2012   


EN


Official Journal of the European Union


L 178/6








            COMMISSION REGULATION (EU) No 613/2012
of 9 July 2012
         
amending Annex III to Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (1), and in particular Article 8(9) thereof,

Whereas:







(1)


The colour of the model certificate of professional competence is defined in Annex III to Regulation (EC) No 1071/2009 as ‘Colour Pantone stout fawn’.












(2)


There is a need to specify the colour more precisely in order to encourage homogeneity and uniform interpretation and application of Regulation (EC) No 1071/2009.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 25 of Regulation (EC) No 1071/2009,





HAS ADOPTED THIS REGULATION:



Article 1
In Annex III to Regulation (EC) No 1071/2009, in the third line, the sentence ‘Colour Pantone stout fawn, format DIN A4 cellulose paper 100 g/m2 or more’ is replaced by the following:

               ‘Colour Pantone stout fawn 467, or as close as possible to this colour, format DIN A4 cellulose paper 100 g/m2 or more’.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 300, 14.11.2009, p. 51.