do-me/EUR-LEX huggingface dataset:
Removal from the Register of Case T-67/01 R
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), exclusive distribution agreement, mechanical engineering, restriction on competition

15.9.2001

EN

Official Journal of the European Communities

C 259/15

the Court of First Instance of the European Communities on
9 July 2001 by Laboratorios R.T.B., S.L., whose registered
office is in Barcelona (Spain), represented by Arturo Canela
Giménez.

Grounds of claim:

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for the Harmonization of the Internal Market
(OHIM) in Case 258/2000-1 on the ground that the
disputed Community trade mark number 56 739 GIOR-
GIO AIRE may not be
to
Article 8(1)(b) of Regulation (EC) No 40/94;

registered pursuant

— declare invalid that Community trade mark;

— order the Office to pay the costs.

— Contrary to what is stated in
the contested decision, the
trade marks of which the
applicant is the proprietor
have been put to genuine use
in the market, thus fulfilling
the
of
requirements
Article 56(3) of Regulation
No 40/94 (1);

— Contrary to what is stated in
the contested decision, there
is likelihood of confusion
between the Community tra-
de mark and the trade marks
of which the applicant is the
proprietor, since the differ-
ences between them to not
allow the consumer to differ-
entiate between them.

Pleas in law and main arguments

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ L 11, 1994, p. 1).

Applicant for the Com-
munity trade mark:

Giorgio Beverly Hills, Inc.

Removal from the Register of Case T-207/99 (1)

Registered Community Word mark ‘GIORGIO AIRE’ —
Application No 56 739 for goods
trade mark:
in Class 3

Proprietor of the right to
the trade mark or sign
asserted in the invalidity
proceedings:

sign
Trade mark or
asserted in the invalidity
proceedings:

Applicant

Spanish trade marks ‘J. GIORGI’,
‘MISS GIORGI’,
‘GIORGI LINE’,
registered for goods in Class 3
and ‘AIR GIORGI’, registered for
goods in Class 5

(2001/C 259/26)

(Language of the case: Spanish)

By order of 17 May 2001, the President of the Second
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-207/99, Asociacio´ n Profesional de Fruticultores del
Jalo´ n Medio v Commission of the European Communities.

(1) OJ C 333 of 14.2.00.

Removal from the Register of Case T-67/01 R

Decision of the Cancel-
lation Division:

Application for declaration of
invalidity of
trade mark
the
upheld

(2001/C 259/27)

(Language of the case: English)

Decision of the Board of
Appeal:

Annulment of the decision of the
Cancellation Division and dis-
missal of the application for dec-
laration of invalidity

By order of 10 May 2001, the President of the Chamber of the
Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-67/0 R, JCB
Service v Commission of the European Communities.
Removal from the Register of Case T-207/99
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: EU aid, European Commission, action for annulment (EU), fruit, producer organisation, suspension of aid

15.9.2001

EN

Official Journal of the European Communities

C 259/15

the Court of First Instance of the European Communities on
9 July 2001 by Laboratorios R.T.B., S.L., whose registered
office is in Barcelona (Spain), represented by Arturo Canela
Giménez.

Grounds of claim:

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for the Harmonization of the Internal Market
(OHIM) in Case 258/2000-1 on the ground that the
disputed Community trade mark number 56 739 GIOR-
GIO AIRE may not be
to
Article 8(1)(b) of Regulation (EC) No 40/94;

registered pursuant

— declare invalid that Community trade mark;

— order the Office to pay the costs.

— Contrary to what is stated in
the contested decision, the
trade marks of which the
applicant is the proprietor
have been put to genuine use
in the market, thus fulfilling
the
of
requirements
Article 56(3) of Regulation
No 40/94 (1);

— Contrary to what is stated in
the contested decision, there
is likelihood of confusion
between the Community tra-
de mark and the trade marks
of which the applicant is the
proprietor, since the differ-
ences between them to not
allow the consumer to differ-
entiate between them.

Pleas in law and main arguments

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ L 11, 1994, p. 1).

Applicant for the Com-
munity trade mark:

Giorgio Beverly Hills, Inc.

Removal from the Register of Case T-207/99 (1)

Registered Community Word mark ‘GIORGIO AIRE’ —
Application No 56 739 for goods
trade mark:
in Class 3

Proprietor of the right to
the trade mark or sign
asserted in the invalidity
proceedings:

sign
Trade mark or
asserted in the invalidity
proceedings:

Applicant

Spanish trade marks ‘J. GIORGI’,
‘MISS GIORGI’,
‘GIORGI LINE’,
registered for goods in Class 3
and ‘AIR GIORGI’, registered for
goods in Class 5

(2001/C 259/26)

(Language of the case: Spanish)

By order of 17 May 2001, the President of the Second
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-207/99, Asociacio´ n Profesional de Fruticultores del
Jalo´ n Medio v Commission of the European Communities.

(1) OJ C 333 of 14.2.00.

Removal from the Register of Case T-67/01 R

Decision of the Cancel-
lation Division:

Application for declaration of
invalidity of
trade mark
the
upheld

(2001/C 259/27)

(Language of the case: English)

Decision of the Board of
Appeal:

Annulment of the decision of the
Cancellation Division and dis-
missal of the application for dec-
laration of invalidity

By order of 10 May 2001, the President of the Chamber of the
Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-67/0 R, JCB
Service v Commission of the European Communities.
Cancellation of changes to public service obligation in respect of scheduled air services between Le Puy-en-Velay and Paris (Text with EEA relevance)
Date: 2001-09-15
Institutions: European Commission
Subjects: France, air transport, airline, inland transport, public service, transport planning

C 258/2

EN

Official Journal of the European Communities

15.9.2001

Cancellation of changes to public service obligation in respect of scheduled air services between
Le Puy-en-Velay and Paris

(2001/C 258/02)

(Text with EEA relevance)

France has decided to cancel the change to the public service obligation in respect of scheduled air services
between Le Puy-en-Velay (Loudes) and Paris (Orly) published in the Official
the European
Communities (C 154 of 29 May 2001, p. 5).

Journal of

Changes to public service obligations in respect of scheduled air services between Le Puy-en-Velay
and Paris

(2001/C 258/03)

(Text with EEA relevance)

1. France has decided to alter from 14 January 2002 the amended public service obligation in respect of
scheduled air services between Paris (Orly) and Le Puy-en-Velay (Loudes) published in the Official Journal
of the European Communities C 227 of 1 September 1995 pursuant to Article 4(1)(a) of Council Regu-
lation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air
routes.

2. The altered public service obligations are as follows:

Minimum frequency

The minimum level of service provided must be two return trips per day, morning and evening, from
Monday to Friday, excluding public holidays, 225 days a year.

Timetables

Timetables must be such as to enable passengers on business trips to make the round trip within the
day and to spend at least seven and a half hours at Le Puy-en-Velay and eight hours in Paris.

Fares

The full single fare must be no more than EUR 221 (2002 values). This fare does not include taxes and
per capita charges levied by the State, local authorities and airport authorities other than value added
tax (VAT) which are identified as such on the ticket.

3. The other obligations set out in the abovementioned text remain unchanged.
Information on the entry into force of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile adding a Protocol on mutual administrative assistance in customs matters to the Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
Date: 2001-09-15
Institutions: Council of the European Union
Subjects: Chile, administrative cooperation, cooperation agreement (EU), customs cooperation, protocol to an agreement

15.9.2001

EN

Official Journal of the European Communities

L 246/33

COUNCIL

Information on the entry into force of the Agreement in the form of an Exchange of Letters
between the European Community and the Republic of Chile adding a Protocol on mutual
administrative assistance in customs matters to the Framework Cooperation Agreement between
the European Community and its Member States, of the one part, and the Republic of Chile, of the
other part (1)

The Agreement in the form of an Exchange of Letters between the European Community and the Republic
of Chile, signed in Brussels on 13 June 2001, adding a Protocol on mutual administrative assistance in
customs matters to the Framework Cooperation Agreement between the European Community and its
Member States, of the one part, and the Republic of Chile, of the other part, will enter into force on
1 October 2001, the procedures necessary to that effect having been completed on 13 August 2001.

(1) OJ L 167, 22.6.2001, p. 20.
Changes to public service obligations in respect of scheduled air services between Le Puy-en-Velay and Paris (Text with EEA relevance)
Date: 2001-09-15
Institutions: European Commission
Subjects: France, air transport, airline, inland transport, public service, transport planning

C 258/2

EN

Official Journal of the European Communities

15.9.2001

Cancellation of changes to public service obligation in respect of scheduled air services between
Le Puy-en-Velay and Paris

(2001/C 258/02)

(Text with EEA relevance)

France has decided to cancel the change to the public service obligation in respect of scheduled air services
between Le Puy-en-Velay (Loudes) and Paris (Orly) published in the Official
the European
Communities (C 154 of 29 May 2001, p. 5).

Journal of

Changes to public service obligations in respect of scheduled air services between Le Puy-en-Velay
and Paris

(2001/C 258/03)

(Text with EEA relevance)

1. France has decided to alter from 14 January 2002 the amended public service obligation in respect of
scheduled air services between Paris (Orly) and Le Puy-en-Velay (Loudes) published in the Official Journal
of the European Communities C 227 of 1 September 1995 pursuant to Article 4(1)(a) of Council Regu-
lation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air
routes.

2. The altered public service obligations are as follows:

Minimum frequency

The minimum level of service provided must be two return trips per day, morning and evening, from
Monday to Friday, excluding public holidays, 225 days a year.

Timetables

Timetables must be such as to enable passengers on business trips to make the round trip within the
day and to spend at least seven and a half hours at Le Puy-en-Velay and eight hours in Paris.

Fares

The full single fare must be no more than EUR 221 (2002 values). This fare does not include taxes and
per capita charges levied by the State, local authorities and airport authorities other than value added
tax (VAT) which are identified as such on the ticket.

3. The other obligations set out in the abovementioned text remain unchanged.
Euro exchange rates
Date: 2001-09-15
Institutions: European Commission
Subjects: EU Member State, euro, exchange rate, national currency

15.9.2001

EN

Official Journal of the European Communities

C 258/1

I

(Information)

COMMISSION

Euro exchange rates (1)

14 September 2001

(2001/C 258/01)

1 euro

=

=

=

=

=

=

=

=

=

=

=

=

7,4439

Danish krone

9,5911

Swedish krona

0,6247

Pound sterling

0,9219

United States dollar

1,4483

Canadian dollar

108,33

Japanese yen

1,4984

Swiss franc

8,028

Norwegian krone

90,86

Icelandic kr(cid:243)na (2)

1,7844

Australian dollar

2,1862

New Zealand dollar

7,958

South African rand (2)

(1) Source: reference exchange rate published by the ECB.
(2) Source: Commission.
Prior notification of a concentration (Case COMP/M.2495 — Haniel/Fels) (Text with EEA relevance)
Date: 2001-09-15
Institutions: European Commission
Subjects: European Commission, building materials, economic concentration, exchange of information, merger control

15.9.2001

EN

Official Journal of the European Communities

C 258/3

Prior notification of a concentration

(Case COMP/M.2495 (cid:151) Haniel/Fels)

(2001/C 258/04)

(Text with EEA relevance)

1.
On 4 September 2001, the Commission received notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the undertaking Haniel Bau-Industrie GmbH ((cid:145)HBI(cid:146)), belonging to the Haniel
group, acquires within the meaning of Article 3(1)(b) of that Regulation sole control of the undertaking
Fels-Werke GmbH ((cid:145)Fels(cid:146)) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

(cid:151) HBI: production and sale of wall-building materials, aggregates and fixing systems,

(cid:151) Fels: production and sale of building materials, production and sale of cellular concrete products and

prefabricated houses, construction of production facilities for cellular concrete.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under
reference COMP/M.2495 (cid:151) Haniel/Fels, to the following address:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.