do-me/EUR-LEX huggingface dataset:
Case T-231/11: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01002202.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/22






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige)
(Case T-231/11) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/40)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially R. Manea then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 March 2011 (Case R 2041/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 238, 13.8.2011.
Non-opposition to a notified concentration (Case COMP/M.6621 — CNP Assurances/BNP Paribas/Immeuble Val-de-Marne)  Text with EEA relevance
Date: 2012-09-19
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control








C_2012283EN.01000102.xml










19.9.2012   


EN


Official Journal of the European Union


C 283/1





Non-opposition to a notified concentration
(Case COMP/M.6621 — CNP Assurances/BNP Paribas/Immeuble Val-de-Marne)
(Text with EEA relevance)
2012/C 283/02
On 25 July 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6621. EUR-Lex is the on-line access to the European law.
Information note — Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items: Information on measures adopted by Member States in conformity with Articles 5, 6, 8, 9, 10, 17 and 22
Date: 2012-09-19
Institutions: European Commission
Subjects: Internet, Italy, database, dual-use good, export (EU), export monitoring, foreign trade, human rights, public safety, telecommunications industry








C_2012283EN.01000401.xml










19.9.2012   


EN


Official Journal of the European Union


C 283/4





INFORMATION NOTE
Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items: Information on measures adopted by Member States in conformity with Articles 5, 6, 8, 9, 10, 17 and 22
2012/C 283/05
Articles 5, 6, 8, 9, 10, 17 and 22 of Council Regulation (EC) No 428/2009 foresee that measures taken by Member States in implementation of the Regulation should be published in the Official Journal of the European Union.
1.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 8 OF THE REGULATION (EXTENSION OF CONTROLS TO NON-LISTED ITEMS FOR REASONS OF PUBLIC SECURITY OR HUMAN RIGHTS CONSIDERATIONS)

Article 8(4) of the Regulation requires the Commission to publish measures taken by Member States prohibiting or imposing an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or human rights considerations.
1.1.   Italy

Italy has notified to the Commission that it has imposed an authorisation requirement on the export of the following dual-use items not listed in Annex I for reasons of public security and human rights considerations:
Public LAN database centralised monitoring system, Internet and 2G/3G services, including:






—


communication flows drawing equipment,










—


interface and mediation systems for the system components,










—


monitored flows processing server,










—


monitored flows processing software,










—


data filing storage,










—


database management workstation,










—


database management software,










—


LAN infrastructure.




The authorisation requirement concerns export operations to the Syrian Telecomunications Establishment (STE), Syria.
Commission Implementing Regulation (EU) No 851/2012 of 19 September 2012 on the issue of import licences for applications lodged during the first seven days of September 2012 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2012-09-19
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2012253EN.01001301.xml










20.9.2012   


EN


Official Journal of the European Union


L 253/13








            COMMISSION IMPLEMENTING REGULATION (EU) No 851/2012
of 19 September 2012
         
on the issue of import licences for applications lodged during the first seven days of September 2012 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of September 2012 for the subperiod from 1 October to 31 December 2012 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 October to 31 December 2012 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 20 September 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 2012.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2012-31.12.2012
(%)




P1


09.4067


3,257358 




P3


09.4069


0,376937
Case C-427/12: Action brought on 19 September 2012 — European Commission v European Parliament, Council of the European Union
Date: 2012-09-19
Institutions: Court of Justice
Subjects: Community tax, European Chemicals Agency, powers of the institutions (EU)








C_2012355EN.01001201.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/12





Action brought on 19 September 2012 — European Commission v European Parliament, Council of the European Union
(Case C-427/12)
2012/C 355/20
Language of the case: French

Parties


Applicant: European Commission (represented by: B. Smulders, C. Zadra and E. Manhaeve, acting as Agents)

Defendants: European Parliament, Council of the European Union

Form of order sought







—


Annul Article 80(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (1) insofar as it provides for the adoption of measures establishing the fees payable to the European Chemicals Agency (ECHA) by an implementing act under Article 291 TFEU and not by a delegated act in accordance with Article 290 TFEU;










—


Maintain the effects of the provision annulled and of all acts adopted on the basis thereof until the entry into force, within a reasonable period, of a new provision intended to replace it;










—


Order the defendants to pay the costs.




In the alternative, in the event that the Court were to consider that this application for partial annulment is not admissible,






—


Annul that regulation in its entirety;










—


Maintain the effects of the abovementioned regulation and of all acts adopted on the basis thereof until the entry into force, within a reasonable period, of a new regulation intended to replace it;










—


Order the defendants to pay the costs.





Pleas in law and main arguments

The Commission raises a single plea in law in support of its action, alleging infringement of the Treaty and, in particular, of the system of attribution of the regulatory powers which the European Union legislature may attribute to the Commission pursuant to Article 290 and 291 TFEU.
The Commission submits that the Council and the Parliament erred in deciding to confer on the Commission implementing powers on the basis of Article 291 TFEU in order to establish the fees payable to the European Chemicals Agency. In the Commission’s opinion, the act which it is called upon to adopt on the basis of Article 80(1) of Regulation (EU) No 528/2012 is in fact a delegated act within the meaning of Article 290 TFEU, in as much as it seeks to supplement certain non-essential elements of the legislative act. Having regard to the nature of the attribution of powers made to the Commission but also to the purpose of the act to be adopted under those powers, such an act ought therefore to be adopted in accordance with the procedure laid down in Article 290 TFEU and not the procedures laid down in Article 291 TFEU.


(1)  OJ 2012 L 167, p. 1.
Case T-326/10: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in light grey, dark grey, beige, dark red and brown) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in light grey, dark grey, beige, dark red and brown — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01001901.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/19






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in light grey, dark grey, beige, dark red and brown)
(Case T-326/10) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in light grey, dark grey, beige, dark red and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/30)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 188/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in light grey, dark grey, beige, dark red and brown as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 288, 23.10.2010.
Euro exchange rates
Date: 2012-09-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2012283EN.01000301.xml










19.9.2012   


EN


Official Journal of the European Union


C 283/3





Euro exchange rates (1)

18 September 2012
2012/C 283/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3054




JPY


Japanese yen


102,64




DKK


Danish krone


7,4539




GBP


Pound sterling


0,80350




SEK


Swedish krona


8,5685




CHF


Swiss franc


1,2113




ISK


Iceland króna


 




NOK


Norwegian krone


7,4655




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,815




HUF


Hungarian forint


283,82




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6962




PLN


Polish zloty


4,1139




RON


Romanian leu


4,5069




TRY


Turkish lira


2,3486




AUD


Australian dollar


1,2527




CAD


Canadian dollar


1,2732




HKD


Hong Kong dollar


10,1199




NZD


New Zealand dollar


1,5787




SGD


Singapore dollar


1,6011




KRW


South Korean won


1 460,38




ZAR


South African rand


10,7780




CNY


Chinese yuan renminbi


8,2496




HRK


Croatian kuna


7,3985




IDR


Indonesian rupiah


12 409,61




MYR


Malaysian ringgit


4,0030




PHP


Philippine peso


54,534




RUB


Russian rouble


40,4445




THB


Thai baht


40,311




BRL


Brazilian real


2,6532




MXN


Mexican peso


16,7283




INR


Indian rupee


70,5240






(1)  Source: reference exchange rate published by the ECB.
Case T-164/11: Judgment of the General Court of 19 September 2012 — Reddig v OHIM — Morleys (Knife handle) (Community trade mark — Proceedings for invalidity — Three-dimensional Community trade mark — Knife handle — Absolute ground for refusal — Sign constituted exclusively by the shape of the product necessary for obtaining a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 — Declaration of invalidity by the Board of Appeal)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tinplate and cutlery industry, trade-mark law








C_2012331EN.01002103.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/21






Judgment of the General Court of 19 September 2012 — Reddig v OHIM — Morleys (Knife handle)
(Case T-164/11) (1)

(Community trade mark - Proceedings for invalidity - Three-dimensional Community trade mark - Knife handle - Absolute ground for refusal - Sign constituted exclusively by the shape of the product necessary for obtaining a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 - Declaration of invalidity by the Board of Appeal)
(2012/C 331/38)
Language of the case: English

Parties


Applicant: Reddig GmbH (Drebber, Germany) (represented by: C. Thomas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Morleys Ltd (Preston, United Kingdom) (represented by: A. Stein and M. Terbach, lawyers, and E. Gunaratnam, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2010 (Case R 1072/2009-2), concerning invalidity proceedings between Morleys Ltd and Reddig GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Reddig GmbH to pay the costs.






(1)  OJ C 152, 21.5.2011.
Case T-329/10: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in black, grey, beige and dark red) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, grey, beige and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01002001.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/20






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in black, grey, beige and dark red)
(Case T-329/10) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in black, grey, beige and dark red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/33)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 191/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in black, grey, beige and dark red as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 288, 23.10.2010.
Commission Implementing Regulation (EU) No 852/2012 of 19 September 2012 on the issue of import licences for applications lodged during the first seven days of September 2012 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2012-09-19
Institutions: European Commission
Subjects: egg, egg product, import (EU), import licence, tariff quota








L_2012253EN.01001501.xml










20.9.2012   


EN


Official Journal of the European Union


L 253/15








            COMMISSION IMPLEMENTING REGULATION (EU) No 852/2012
of 19 September 2012
         
on the issue of import licences for applications lodged during the first seven days of September 2012 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin.












(2)


The applications for import licences lodged during the first seven days of September 2012 for the subperiod from 1 October to 31 December 2012 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 October to 31 December 2012 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 20 September 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 2012.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 128, 16.5.2007, p. 19.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2012-31.12.2012
(%)




E2


09.4401


26,788977