do-me/EUR-LEX huggingface dataset:
Case T-404/10: Judgment of the General Court of 13 September 2012 — National Lottery Commission v OHIM (Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law — Review)
Date: 2012-09-13
Institutions: General Court
Subjects: EU trade mark, copyright, national law, proof, registered trade mark, trade-mark law








C_2012319EN.01000702.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/7





Judgment of the General Court of 13 September 2012 — National Lottery Commission v OHIM
(Case T-404/10) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark representing a hand - Article 53(2)(c) of Regulation (EC) No 207/2009 - Existence of earlier copyright protected by national law - Burden of proof - Application by OHIM of national law - Review)
2012/C 319/11
Language of the case: English

Parties


Applicant: National Lottery Commission (London, United Kingdom) (represented by: B. Brandreth, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci and J. Crespo Carrillo, acting as Agents)

Other parties to the proceedings before the Board of Appeal of OHIM: Mediatek Italia Srl (Naples, Italy) and Giuseppe De Gregorio (Naples)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1028/2009-1) relating to invalidity proceedings between, on the one hand, Mediatek Italia Srl and Giuseppe De Gregorio and, on the other, the National Lottery Commission

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 June 2010 (Case R 1028/2009-1);










2.


Orders OHIM to pay the costs, including those incurred by the National Lottery Commission in the proceedings before the Board of Appeal.






(1)  OJ C 328, 4.12.2010.
Case T-119/09: Judgment of the General Court of 13 September 2012 — Protégé International Ltd v European Commission (Competition — Abuse of dominant position — Market for Irish whiskey — Decision to reject a complaint — Lack of Community interest)
Date: 2012-09-13
Institutions: General Court
Subjects: Ireland, competition, complaint to the Commission, dominant position, spirits








C_2012319EN.01000603.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/6





Judgment of the General Court of 13 September 2012 — Protégé International Ltd v European Commission
(Case T-119/09) (1)

(Competition - Abuse of dominant position - Market for Irish whiskey - Decision to reject a complaint - Lack of Community interest)
2012/C 319/09
Language of the case: French

Parties


Applicant: Protégé International Ltd (London, United Kingdom) (represented by: D. Shefet, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Biolan and A. Antoniadis, lawyers)

Intervener in support of the defendant: Pernod Ricard SA (Paris, Frace) (represented by: A. Choffel and S. Hautborg, lawyers)

Re:

Annulment of Commission decision C(2009) 505 of 23 January 2009 (Case COMP/39.414 — Protégé International/Pernod Ricard), taken pursuant to Article 7(2) of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles [81 and 82 EC] (OJ 2004 L 123, p. 18) and rejecting, for lack of Community interest, the complaint lodged by the applicant concerning infringements of Article 82 EC allegedly committed by Pernod Ricard.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Protégé International Ltd to bear its own costs and to pay those incurred by the European Commission;










3.


Orders Pernod Ricard SA to bear its own costs.






(1)  OJ C 113, 16.5.2009.
Renewal of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil *** European Parliament legislative resolution of 13 September 2012 on the draft Council Decision concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil (10475/2012 – C7-0181/2012 – 2012/0059(NLE))
Date: 2012-09-13
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: Brazil, cooperation agreement (EU), renewal of an agreement, technical cooperation, technology








CE2013353EN.01024701.xml










3.12.2013   


EN


Official Journal of the European Union


CE 353/247





Thursday 13 September 2012Renewal of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil ***
P7_TA(2012)0337
European Parliament legislative resolution of 13 September 2012 on the draft Council Decision concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil (10475/2012 – C7-0181/2012 – 2012/0059(NLE))
2013/C 353 E/44
(Consent)

The European Parliament,






—


having regard to the draft Council Decision (10475/2012),










—


having regard to Council Decision 2005/781/EC of 6 June 2005 on the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil (1),










—


having regard to the request for consent submitted by the Council in accordance with Article 186 and Article 218(6), second subparagraph, point (a), point (v) of the Treaty on the Functioning of the European Union (C7-0181/2012),










—


having regard to Rules 81 and 90(7) and 46(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Industry, Research and Energy (A7-0268/2012),










1.


Consents to the renewal of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Federative Republic of Brazil.






(1)  OJ L 295, 11.11.2005, p. 37.
Corrigendum to Decision of the EEA Joint Committee No 104/2011 of 30 September 2011 amending Annex XIII (Transport) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement ( OJ L 318, 1.12.2011 )
Date: 2012-09-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, air transport, common transport policy, environmental protection, maritime transport, rail transport, revision of an agreement, road transport, trans-European network, transport infrastructure








L_2012247EN.01001601.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/16







Corrigendum to Decision of the EEA Joint Committee No 104/2011 of 30 September 2011 amending Annex XIII (Transport) and Protocol 37 (containing the list provided for in Article 101) to the EEA Agreement
(
Official Journal of the European Union L 318 of 1 December 2011
)

On page 42, in recital 5, as well as in the second sentence of Article 2, the words ‘Committee on the Trans-European Transport Network’ shall be replaced by the words ‘Committee for monitoring the guidelines and exchanging information’.
Tackling multiple sclerosis in Europe Declaration of the European Parliament of 13 September 2012 on tackling multiple sclerosis in Europe
Date: 2012-09-13
Institutions: European Parliament
Subjects: data collection, database, disease of the nervous system, medical research, medical specialisation, nursing staff, quality of life, therapeutics








CE2013353EN.01015101.xml










3.12.2013   


EN


Official Journal of the European Union


CE 353/151





Thursday 13 September 2012Tackling multiple sclerosis in Europe
P7_TA(2012)0357
Declaration of the European Parliament of 13 September 2012 on tackling multiple sclerosis in Europe
2013/C 353 E/22

The European Parliament,






—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas approximately 600 000 Europeans suffer from multiple sclerosis (MS), which is the most common neurodegenerative disorder and is a major cause of non-traumatic disability in young adults;










B.


whereas most people with MS are diagnosed in the prime of their working lives, and almost half leave the workforce within three years of diagnosis;










C.


whereas in Europe tremendous discrepancies in access to disease-modifying treatments and quality of care exist, and have worsened in recent months;










1.


Calls on the Commission and Council to:






—


encourage, within the framework of Horizon 2020, closer scientific collaboration and comparative research on MS;










—


promote, in their Reflection Process on Chronic Disease, equal access to treatment and flexible employment policies for people with chronic neurological disorders such as MS;














2.


Calls on the Member States to:






—


enhance equal access to quality care, for example. by using certified educational training tools (such as ‘MS Nurse Professional’) to develop, standardise and benchmark specialist nursing staff training;










—


support the European Register for MS by encouraging patient data collection at national level;














3.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Council, the Commission and the Parliaments of the Member States.






(1)  The list of signatories is published in Annex 1 to the Minutes of 13 September 2012 (P7_PV(2012)09-13(ANN1)).
Corrigendum to Decision of the EEA Joint Committee No 112/2011 of 21 October 2011 amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement ( OJ L 341, 22.12.2011 )
Date: 2012-09-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal disease, food inspection, food safety, foodstuff, revision of an agreement, veterinary inspection








L_2012247EN.01001604.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/16







Corrigendum to Decision of the EEA Joint Committee No 112/2011 of 21 October 2011 amending Annex I (Veterinary and phytosanitary matters) and Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
(
Official Journal of the European Union L 341 of 22 December 2011
)

On page 73, in the indent of Article 2, the words ‘Commission Regulation (EC) No 365/2010’ shall be replaced by ‘Commission Regulation (EU) No 365/2010’.
Call for proposals under the work programme of the 7th EC framework programme for research, technological development and demonstration activities
Date: 2012-09-13
Institutions: European Commission
Subjects: EU programme, European cooperation, Framework Programme for Research and Development, communications policy, information technology, invitation to tender








C_2012276EN.01000901.xml










13.9.2012   


EN


Official Journal of the European Union


C 276/9





Call for proposals under the work programme of the 7th EC framework programme for research, technological development and demonstration activities
2012/C 276/06
Notice is hereby given of the launch of a call for proposals under the work programmes of the 7th framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013).
Proposals are invited for the following call in the ‘Cooperation’ specific programme: Information and communication technologies: FP7-ICT-2013-X.
Call documentation including deadline and budget is given in the call text, which is published on the website:
http://ec.europa.eu/research/participants/portal/page/home
Case F-34/11: Order of the Civil Service Tribunal (Third Chamber) of 13 September 2012 — Markland v Europol (Civil Service — Europol staff — Temporary staff contract — Application of the CEOS — Grading — Action manifestly unfounded)
Date: 2012-09-13
Institutions: Civil Service Tribunal
Subjects: Europol, occupational status, servant (EU)








C_2012379EN.01003401.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/34





Order of the Civil Service Tribunal (Third Chamber) of 13 September 2012 — Markland v Europol
(Case F-34/11) (1)

(Civil Service - Europol staff - Temporary staff contract - Application of the CEOS - Grading - Action manifestly unfounded)
2012/C 379/55
Language of the case: Dutch

Parties


Applicant: Saskia Jane Markland (The Hague, Netherlands) (represented by: N.D. Dane, lawyer)

Defendant: European Police Office (Europol) (represented by: D. Neumann, D. El Khoury and J. Arnould, acting as Agents)

Re:

Application for annulment of the decision to place the applicant in grade AST 5.

Operative part of the order







1.


The action is dismissed as manifestly unfounded.










2.


Ms Markland shall bear her own costs and pay those incurred by the European Police Office.






(1)  OJ C 204, 9.7.11, p. 30.
Case T-72/11: Judgment of the General Court of 13 September 2012 — Sogepi Consulting y Publicidad v OHIM (ESPETEC) (Community trade mark — Application for Community word mark ESPETEC — Absolute grounds for refusal — Descriptive nature — Lack of distinctiveness — Lack of distinctiveness acquired by use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009)
Date: 2012-09-13
Institutions: General Court
Subjects: EU trade mark, meat product, pigmeat, registered trade mark, trade-mark law








C_2012319EN.01000802.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/8





Judgment of the General Court of 13 September 2012 — Sogepi Consulting y Publicidad v OHIM (ESPETEC)
(Case T-72/11) (1)

(Community trade mark - Application for Community word mark ESPETEC - Absolute grounds for refusal - Descriptive nature - Lack of distinctiveness - Lack of distinctiveness acquired by use - Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009)
2012/C 319/13
Language of the case: Spanish

Parties


Applicant: Sogepi Consulting y Publicidad, SL (Vic, Spain) (represented by: initially by: J. de Oliveira Vaz Miranda Sousa, T. Barceló Rebaque and N. Esteve Manasanch, and subsequently by: J. de Oliveira Vaz Miranda Sousa and N. Esteve Manasanch)

Defendant: OHIM (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Annulment of the decision of the Second Board of Appeal of OHIM of 12 November 2010 (Case R 312/2010-2) concerning an application for registration of the word mark ESPETEC as a Community trade mark

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Sogepi Consulting y Publicidad, SL to pay the costs.






(1)  OJ C 113, 9.4.2011.
Corrigendum to Decision of the EEA Joint Committee No 6/2011 of 1 April 2011 amending Annex XX (Environment) to the EEA Agreement ( OJ L 93, 7.4.2011 )
Date: 2012-09-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, air quality, greenhouse gas, reduction of gas emissions, revision of an agreement, tradeable emission permit




L_2012247EN.01001501.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/15







Corrigendum to Decision of the EEA Joint Committee No 6/2011 of 1 April 2011 amending Annex XX (Environment) to the EEA Agreement
(
Official Journal of the European Union L 93 of 7 April 2011
)

Decision of the EEA Joint Committee No 6/2011 shall be amended as follows:






1.


In recital 1, the words ‘Decision of the EEA Joint Committee No 146/2007 of 26 October 2007 (1) in order to incorporate, inter alia, Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (2), into that Agreement.’ shall be replaced by the words and the footnote ‘Decision of the EEA Joint Committee No 126/2010 of 10 November 2010 (*1).










2.


After recital 4, the words ‘HAS ADOPTED THIS DECISION:’ shall be replaced by the words ‘HAS DECIDED AS FOLLOWS:’.










3.


In the first paragraph of Article 1, the parentheses and the words ‘(Directive 2003/87/EC of the European Parliament and of the Council)’ shall be inserted after ‘21al’.










4.


The asterisk in Article 3, the words ‘Constitutional requirements indicated’ shall be replaced by the words ‘No constitutional requirements indicated’.
Corrigendum to Decision of the EEA Joint Committee No 162/2011 of 19 December 2011 amending Annex IV (Energy) to the EEA Agreement ( OJ L 76, 15.3.2012 )
Date: 2012-09-13
Institutions: EEA Joint Committee
Subjects: EU programme, European Economic Area, Iceland, Norway, air quality, cultural promotion, energy consumption, greenhouse gas, reduction of gas emissions, renewable energy, revision of an agreement








L_2012247EN.01001603.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/16







Corrigendum to Decision of the EEA Joint Committee No 162/2011 of 19 December 2011 amending Annex IV (Energy) to the EEA Agreement
(
Official Journal of the European Union L 76 of 15 March 2012
)

On page 49, Decision of the EEA Joint Committee No 162/2011 shall be amended as follows:






1.


In letter (c) of point 2 of Article 1, the words ‘162/2011 of 19 December 2011’ shall be added after the words ‘Decision of EEA Joint Committee No’;










2.


In letter (c) of point 2 of Article 1, a footnote four with the words ‘OJ L 76, 15.3.2012, p. 49.’ shall be added after the words ‘incorporating Directive 2009/28/EC’.
Corrigendum to Decision of the EEA Joint Committee No 127/2011 of 2 December 2011 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement ( OJ L 76, 15.3.2012 )
Date: 2012-09-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, carriage of goods, pressure equipment, revision of an agreement, safety standard, technical standard








L_2012247EN.01001602.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/16







Corrigendum to Decision of the EEA Joint Committee No 127/2011 of 2 December 2011 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
(
Official Journal of the European Union L 76 of 15 March 2012
)

On page 9, in point 1 of Article 1, the words ‘with effect from 1 July 2011’ shall be deleted.