do-me/EUR-LEX huggingface dataset:
Case T-366/11: Judgment of the General Court of 9 October 2012 — Bial-Portela v OHIM — Isdin (ZEBEXIR) (Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier Community word mark ZEBINIX — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-10-09
Institutions: General Court
Subjects: EU trade mark, cosmetic product, health care, pharmaceutical product, polishing and scouring preparations, registered trade mark, trade-mark law








C_2012366EN.01003301.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/33





Judgment of the General Court of 9 October 2012 — Bial-Portela v OHIM — Isdin (ZEBEXIR)
(Case T-366/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ZEBEXIR - Earlier Community word mark ZEBINIX - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 366/64
Language of the case: English

Parties


Applicant: Bial-Portela & C
a
, SA (São Mamede do Coronado, Portugal) (represented by: B. Braga da Cruz and J.M. Conceição Pimenta, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Isdin, SA (Barcelona, Spain) (represented by: P. López Ronda, G. Macias Bonilla, G. Marín Raigal and H.L. Curtis-Oliver, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 April 2011 (Case R 1212/2009-1), concerning opposition proceedings between Bial-Portela & Ca, SA and Isdin, SA

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 6 April 2011 (Case R 1212/2009-1);










2.


Orders OHIM to bear its own costs and to pay those of Bial-Portela & Ca, SA;










3.


Orders Isdin, SA to bear its own costs.






(1)  OJ C 269, 10.9.2011.
Case T-446/12: Action brought on 9 October 2012 — Drex Technologies v Council
Date: 2012-10-09
Institutions: General Court
Subjects: Syria, human rights, international sanctions








C_2012373EN.01001203.xml










1.12.2012   


EN


Official Journal of the European Union


C 373/12





Action brought on 9 October 2012 — Drex Technologies v Council
(Case T-446/12)
2012/C 373/21
Language of the case: French

Parties


Applicant: Drex Technologies SA (Tortola, British Virgin Isles) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union

Form of order sought







—


Declare the applicant’s action admissible and well founded;










—


In consequence, annul






—


Council Implementing Decision 2012/424/CFSP of 23 July 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria and the corrigendum thereto of 9 August 2012, in so far as those measures affect the applicant;










—


and Council Implementing Regulation (EU) No 673/2012 of 23 July 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria and the corrigendum thereto of 9 August 2012, in so far as those measures affect the applicant;














—


Order the Council of the European Union to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law, which are in essence identical or similar to those put forward in Case T-432/11 Makhlouf v Council. (1)



(1)  JO 2011 C 290, p. 13.
Case T-426/08: Judgment of the General Court of 9 October 2012 — Italy v Commission (EAGGF — Guarantee Section — EAGF — Expenditure excluded from financing — Fruit and vegetables — Sugar — Processing of citrus fruits — Milk — Arable crops — Flat-rate financial correction — Proportionality — Obligation to state reasons — No error of assessment)
Date: 2012-10-09
Institutions: General Court
Subjects: EAGGF Guarantee Section, Italy, agro-industry, citrus fruit, milk, principle of proportionality, sugar, vegetable








C_2012366EN.01002801.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/28





Judgment of the General Court of 9 October 2012 — Italy v Commission
(Case T-426/08) (1)

(EAGGF - Guarantee Section - EAGF - Expenditure excluded from financing - Fruit and vegetables - Sugar - Processing of citrus fruits - Milk - Arable crops - Flat-rate financial correction - Proportionality - Obligation to state reasons - No error of assessment)
2012/C 366/52
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: P. Gentili, agent)

Defendant: European Commission (represented by: P. Rossi and F. Jimeno, agents)

Re:

Application for annulment of Commission Decision 2008/582/EC of 8 July 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 186, p. 39), in so far as it excludes from Community financing EUR 174 704 912,66 of expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Italian Republic to bear its own costs and those incurred by the European Commission.






(1)  OJ C 301, 22.11.2008.
Prior notification of a concentration (Case COMP/M.6541 — Glencore/Xstrata)  Text with EEA relevance
Date: 2012-10-09
Institutions: European Commission
Subjects: economic concentration, merger control, primary product, raw material








C_2012304EN.01000601.xml










9.10.2012   


EN


Official Journal of the European Union


C 304/6





Prior notification of a concentration
(Case COMP/M.6541 — Glencore/Xstrata)
(Text with EEA relevance)
2012/C 304/07






1.


On 2 October 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 Glencore International Plc (‘Glencore’, incorporated in Jersey and headquartered in Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Xstrata Plc (‘Xstrata’, Switzerland) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Glencore produces and trades a wide range of commodities and raw materials. Glencore's business is organised around three segments: (i) metals and minerals — e.g. aluminium, alumina, zinc, copper, lead, ferroalloys, nickel, cobalt, and iron ore; (ii) energy products — e.g. crude oil, oil products, coal and coke; (iii) agricultural products — e.g. wheat, maize, barley, edible oils, oilseeds, cotton and sugar,










—


Xstrata is a natural resources group, which comprises five major businesses: (i) an alloys business, comprising ferrochrome and vanadium operations and a platinum group metals business; (ii) a coal business; (iii) a copper business; (iv) a nickel business; (v) a zinc-lead business.














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.6541 — Glencore/Xstrata, 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’).