do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.4927 — Carlyle/INEOS/JV) Text with EEA relevance
Date: 2007-11-24
Institutions: European Commission
Subjects: chemical industry, economic concentration, exchange of information, investment, merger control, petrochemicals, petroleum product

24.11.2007

EN

Official Journal of the European Union

C 282/29

Prior notification of a concentration

(Case COMP/M.4927 — Carlyle/INEOS/JV)

(Text with EEA relevance)

(2007/C 282/15)

On 16 November 2007,

1.
the Commission received a notification of a proposed concentration
pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Carlyle partners IV L.P.
(‘Carlyle’, USA), belonging to the Carlyle Group and INEOS Group Ltd (‘INEOS’, UK) acquire within the
meaning of Article 3(1)(b) of the Council Regulation joint control of Newco (‘Newco’, USA) by way of
purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

— for Carlyle: private equity,

— for INEOS: petrochemicals, speciality chemicals, oil products,

— for Newco: inorganic speciality chemicals, including silicates, silicas, and related speciality chemicals.

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

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
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 ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.4927 — Carlyle/INEOS/JV, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Case T-358/07: Action brought on 17 September 2007 — Publicare Marketing v OHIM (Publicare)
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 283/30

EN

Official Journal of the European Union

24.11.2007

Action brought on 13 September 2007 — SOMM v OHIM

character of the mark in question pursuant to Article 7(3) of
Regulation (EC) No 40/94 on the Community trade mark.

(Case T-351/07)

(2007/C 283/55)

Language of the case: Italian

Action brought on 17 September 2007 — Publicare
Marketing v OHIM (Publicare)

Parties

Applicant: SOMM Srl (San Mauro T.se, Italy) (represented by M.
Ferro, lawyer)

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

Parties

(Case T-358/07)

(2007/C 283/56)

Language of the case: German

Form of order sought

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market of 28 June 2007
in Case R 1653/2006-1 concerning Community trade mark
application No 4 837 746;

Applicant:
(Frankfurt, Germany) (represented by B. Mohr, lawyer)

Publicare Marketing

Communications GmbH

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

— order the defendant to pay the costs.

Form of order sought

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional trade mark
described as follows: ‘Three-dimensional whole constituted by a
large number of tubular posts of metal, placed at a distance
from and aligned with each other, tapering and substantially
curved at the bend, each having a base line, fixed to the ground,
essentially vertical and a line with open extremities slightly
inclined towards the top, a large number of tubular parts of
metal, placed at a distance from and parallel with each other,
fixed on inclined lines of those posts, and a cover to provide
shade fixed on said tubular parts, the whole forming a shaded
shelter’; Application No 4 837 736 for goods in Classes 6 and
19.

— Annul

the Decision of

the Fourth Board of Appeal of

27 June 2007 in Case R 157/2007-4;

— Order OHIM to have the mark ‘Publicare’, application

No 4 733 069, entered in the register.

Pleas in law and main arguments

Community trade mark concerned: the verbal mark ‘Publicare’ for
services in Classes 35, 38 and 42 (application No 4 733 069).

Decision of the Examiner: refusal of the application.

Decision of the Board of Appeal: dismissal of the appeal.

Decision of the Examiner: Refusal of the application for registra-
tion.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC)
No 40/94 (1).

Decision of the Board of Appeal: Dismissal of the appeal.

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

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

Pleas in law: Error in determining the relevant public and the
reference and also the acquisition of distinctive
sector of
Case T-185/04: Order of the Court of First Instance of 11 September 2007 — Lancôme v OHIM — Baudon (AROMACOSMETIQUE) (Community trade mark — Invalidity proceedings — Community word mark AROMACOSMETIQUE — Earlier national word mark AROMACOSMETIQUE — Invalidity of the earlier national word mark — No need to adjudicate)
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

C 283/26

EN

Official Journal of the European Union

24.11.2007

Judgment of the Court of First Instance of 10 October
2007 — Bang & Olufsen v OHIM (Shape of a loudspeaker)

Order of the Court of First Instance of 11 September 2007
— Lancôme v OHIM — Baudon (AROMACOSMETIQUE)

(Case T-460/05) (1)

(Case T-185/04) (1)

(Community trade mark — Application for a three-dimen-
sional Community trade mark — Shape of a loudspeaker —
refusal — Distinctive character —
Absolute ground for

Article 7(1)(b) of Regulation (EC) No 40/94)

trade mark — Invalidity proceedings —
(Community
Community word mark AROMACOSMETIQUE — Earlier
national word mark AROMACOSMETIQUE — Invalidity of
the earlier national word mark — No need to adjudicate)

(2007/C 283/46)

(2007/C 283/47)

Language of the case: English

Language of the case: French

Parties

Parties

Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented
by: K. Wallberg, lawyer)

Applicant: Lancôme parfums et beauté & Cie SNC (Paris, France)
(represented by: M. Antoine-Lalance, lawyer)

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

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

(represented

and

by:

Re:

Other party to the proceedings before the Board of Appeal of OHIM:
Jacqueline Baudon (Paris, France)

Action against the decision of the First Board of Appeal of
OHIM of 22 September 2005 (Case R 497/2005-1) concerning
an application for registration as a Community trade mark of a
three-dimensional sign formed by the shape of a loudspeaker.

Re:

Operative part of the judgment

The Court:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 11 March 2004 (Case R 39/2002-4)
concerning the invalidity proceedings 155 C 000866335/1
between Ms Jacqueline Baudon and Lancôme parfums et beauté
& Cie SNC

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 22 September 2005 (Case R 497/2005-1);

Operative part of the judgment

1. There is no need to adjudicate on the action.

2. Orders OHIM to bear its own costs and to pay those of Bang &

Olufsen A/S.

2. Each party shall bear its own costs.

(1) OJ C 74, 25.3.2006.

(1) OJ C 217, 28.8.2004.
Non-opposition to a notified concentration (Case COMP/M.4847 — Ineos/Champagne Céréales/Thywissen/JV) Text with EEA relevance
Date: 2007-11-24
Institutions: European Commission
Subjects: agricultural cooperative, agro-industry, chemical industry, disclosure of information, economic concentration, merger control, petrochemicals, restrictive-practice authorisation, substitute fuel

C 282/8

EN

Official Journal of the European Union

24.11.2007

Non-opposition to a notified concentration

(Case COMP/M.4847 — Ineos/Champagne Céréales/Thywissen/JV)

(Text with EEA relevance)

(2007/C 282/05)

On 17 September 2007, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4847. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.4863 — Bain Capital/American Standard)

(Text with EEA relevance)

(2007/C 282/06)

On 28 September 2007, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4863. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case T-351/07: Action brought on 13 September 2007 — SOMM v OHIM
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), metal structure, parking area, trade-mark law

C 283/30

EN

Official Journal of the European Union

24.11.2007

Action brought on 13 September 2007 — SOMM v OHIM

character of the mark in question pursuant to Article 7(3) of
Regulation (EC) No 40/94 on the Community trade mark.

(Case T-351/07)

(2007/C 283/55)

Language of the case: Italian

Action brought on 17 September 2007 — Publicare
Marketing v OHIM (Publicare)

Parties

Applicant: SOMM Srl (San Mauro T.se, Italy) (represented by M.
Ferro, lawyer)

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

Parties

(Case T-358/07)

(2007/C 283/56)

Language of the case: German

Form of order sought

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market of 28 June 2007
in Case R 1653/2006-1 concerning Community trade mark
application No 4 837 746;

Applicant:
(Frankfurt, Germany) (represented by B. Mohr, lawyer)

Publicare Marketing

Communications GmbH

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

— order the defendant to pay the costs.

Form of order sought

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional trade mark
described as follows: ‘Three-dimensional whole constituted by a
large number of tubular posts of metal, placed at a distance
from and aligned with each other, tapering and substantially
curved at the bend, each having a base line, fixed to the ground,
essentially vertical and a line with open extremities slightly
inclined towards the top, a large number of tubular parts of
metal, placed at a distance from and parallel with each other,
fixed on inclined lines of those posts, and a cover to provide
shade fixed on said tubular parts, the whole forming a shaded
shelter’; Application No 4 837 736 for goods in Classes 6 and
19.

— Annul

the Decision of

the Fourth Board of Appeal of

27 June 2007 in Case R 157/2007-4;

— Order OHIM to have the mark ‘Publicare’, application

No 4 733 069, entered in the register.

Pleas in law and main arguments

Community trade mark concerned: the verbal mark ‘Publicare’ for
services in Classes 35, 38 and 42 (application No 4 733 069).

Decision of the Examiner: refusal of the application.

Decision of the Board of Appeal: dismissal of the appeal.

Decision of the Examiner: Refusal of the application for registra-
tion.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC)
No 40/94 (1).

Decision of the Board of Appeal: Dismissal of the appeal.

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

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

Pleas in law: Error in determining the relevant public and the
reference and also the acquisition of distinctive
sector of
Non-opposition to a notified concentration (Case COMP/M.4772 — Carlyle/Zodiac Marine) Text with EEA relevance
Date: 2007-11-24
Institutions: European Commission
Subjects: disclosure of information, economic concentration, merger control, private investment, restrictive-practice authorisation, sports facilities

24.11.2007

EN

Official Journal of the European Union

C 282/7

Non-opposition to a notified concentration

(Case COMP/M.4696 — KKR/Harman)

(Text with EEA relevance)

(2007/C 282/03)

On 18 September 2007, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4696. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.4772 — Carlyle/Zodiac Marine)

(Text with EEA relevance)

(2007/C 282/04)

On 17 September 2007, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4772. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-407/07: Reference for a preliminary ruling from the Hoge Raad der Nederlanden, lodged on 5 September 2007 — Stichting Centraal Begeleidingsorgaan voor de Intercollegiale Toetsing v Staatssecretaris van Financiën
Date: 2007-11-24
Institutions: Court of Justice
Subjects: VAT, delivery, distributive trades, interpretation of the law, provision of services, tax exemption

24.11.2007

EN

Official Journal of the European Union

C 283/13

Reference for a preliminary ruling from the Bundesfi-
lodged on 31 August 2007 —
nanzhof

(Germany)

Metherma GmbH & Co. KG v Hauptzollamt Düsseldorf

(Case C-403/07)

(2007/C 283/22)

Language of the case: German

Question referred

Must Articles 2 and 3 of Council Framework Decision
2001/220 of 15 March 2001 on the standing of victims in
criminal proceedings be interpreted as meaning that the national
court must also safeguard the possibility for the victim to be
heard as a witness in criminal proceedings in which he has
initiated a supplementary private prosecution?

Referring court

Bundesfinanzhof

Parties to the main proceedings

Applicant: Metherma GmbH & Co. KG

Defendant: Hauptzollamt Düsseldorf

Question referred

Interpretation of Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and on
the Common Customs Tariff (1).

tungsten or molybdenum which have been
Can bars of
‘obtained simply by sintering’ and which fall respectively under
subheadings 8101 94 00 and 8102 94 00 of the Combined
Nomenclature be processed into scrap falling respectively under
subheadings 8101 97 00 and 8102 97 00 of the Combined
Nomenclature by being broken up or shattered?

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden,
lodged on 5 September 2007 — Stichting
Centraal Begeleidingsorgaan voor de Intercollegiale Toetsing v
Staatssecretaris van Financiën

(Case C-407/07)

(2007/C 283/24)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

(1) OJ 1987 L 256, p. 1.

Parties to the main proceedings

Appellant:
Intercollegiale Toetsing

Stichting Centraal Begeleidingsorgaan voor

de

Respondent: Staatssecretaris van Financiën

Reference for a preliminary ruling from the Fővárosi
Bíróság (Hungary) lodged on 7 August 2007 — Criminal
proceedings against István Roland Sós

Question referred

(Case C-404/07)

(2007/C 283/23)

Language of the case: Hungarian

Referring court

Fővárosi Bíróság

Party to the main proceedings

István Roland Sós

Must Article 13.A(1)(f) of the Sixth Directive (1) be construed as
covering also services supplied by groups coming within the
scope of that provision to their members which are directly
necessary for the exercise of those members' exempted activities
or activities for which they are not subject to tax and by way of
payment for which no more is invoiced than represents the
costs incurred in respect of those services, if those services are
supplied only to one or more members?

(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment
(OJ L 145, p. 1).
Non-opposition to a notified concentration (Case COMP/M.4766 — Flextronics/Solectron) Text with EEA relevance
Date: 2007-11-24
Institutions: European Commission
Subjects: disclosure of information, economic concentration, electronic equipment, electronics industry, merger control, restrictive-practice authorisation

24.11.2007

EN

Official Journal of the European Union

C 282/9

Non-opposition to a notified concentration

(Case COMP/M.4895 — Mol/Italiana Energia e Servizi)

(Text with EEA relevance)

(2007/C 282/07)

On 30 October 2007, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4895. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.4766 — Flextronics/Solectron)

(Text with EEA relevance)

(2007/C 282/08)

On 28 August 2007, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32007M4766. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Corrigendum to the notice in the Official Journal in Case T-68/03 ( OJ C 247, 20.10.2007, p. 22 )
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: European Commission, Greece, State aid, action for annulment (EU), aid for restructuring, air transport

24.11.2007

EN

Official Journal of the European Union

C 283/47

CORRIGENDA

Corrigendum to the notice in the Official Journal in Case T-68/03

(Official Journal of the European Union C 247 of 20 October 2007, p. 22)

(2007/C 283/84)

The notice in the OJ in Case T-68/03 Olympiaki Aeroporia Ypiresies v Commission should read as follows:

‘Judgment of the Court of First Instance of 12 September 2007 — Olympiaki Aeroporia Ypiresies v Commission

(Case T-68/03) (1)

(State aid — Restructuring aid granted by the Hellenic Republic to the airline Olympic Airways — Decision declaring
the aid incompatible with the common market and ordering its recovery — Misuse of the aid — New aid — Burden
of proof — Right to be heard — Private creditor test — Error of fact — Manifest error of assessment — Statement of
reasons — Articles 87(1) EC and (3)(c) EC)

(2006/C 000/01)

Language of the case: Greek

Parties

Applicant: Olympiaki Aeroporia Ypiresies AE, formerly Olympiaki Aeroporia AE (Athens, Greece) (represented first by D.
Waelbroeck and E. Bourtzalas, lawyers, J. Ellison and M. Hall, Solicitors, and A. Kalogeropoulos, C. Tagaras and A. Chiotelis,
lawyers, and then by P. Anestis, lawyer, and T. Soames, Solicitor)

Defendant: Commission of the European Communities (represented by: D. Triantafyllou and J. L. Buendía Sierra, acting as
Agents, and A. Oikonomou, lawyer)

Re:

Application for the annulment of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to
Olympic Airways (OJ 2003, L 132, p. 1)

Operative part of the judgment

The Court hereby:

1. Annuls Articles 2 and 3 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic
Airways in so far as they concern tolerance of persistent non-payment of airport charges owed by Olympic Airways to Athens
International Airport and of VAT owed by Olympic Aviation on fuel and spare parts.

2. Dismisses the remainder of the application.

3. Orders Olympiaki Aeroporia Ypiresies AE to pay 75 % of its own costs and of those of the Commission and orders the Commis-

sion to pay 25 % of its own costs and of those of Olympiaki Aeroporia Ypiresies.

(1) OJ C 112 of 10.5.2003.’