do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.4806 — DSB/First/Öresundståg) Text with EEA relevance
Date: 2007-12-22
Institutions: European Commission
Subjects: carriage of goods, carriage of passengers, economic concentration, exchange of information, management, merger control, rail transport, restrictive-practice authorisation, road transport

22.12.2007

EN

Official Journal of the European Union

C 314/23

Non-opposition to a notified concentration

(Case COMP/M.4969 — DZ Equity Partner/Welle Holding/PAIDI Möbel)

(Text with EEA relevance)

(2007/C 314/05)

On 12 December 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 32007M4969. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.4806 — DSB/First/Öresundståg)

(Text with EEA relevance)

(2007/C 314/06)

On 24 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 web site (http://ec.europa.eu/comm/competition/mergers/cases/). This web
including company, case

site provides various facilities to help locate individual merger decisions,
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32007M4806. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case T-396/07: Action brought on 30 October 2007 — France Télécom v OHIM (UNIQUE)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), telecommunications, trade-mark law

C 315/42

EN

Official Journal of the European Union

22.12.2007

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: three-dimensional trade mark
‘Part of hand grip’ in respect of goods in Classes 6 and 8 (appli-
cation No 4 396 727)

The pleas in law and the main arguments are the same as those
in Case T-217/07 Las Palmeras v Council and Commission.

Decision of the Examiner: refusal in part of the application.

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

Pleas in law: Infringement of the principle laid down in the first
sentence of Article 74(1) of Regulation No 40/94 (1) that the
Office examines the facts of its own motion and infringement
of Article 7 of that regulation. In the alternative, failure to the
state reasons on which a decision is based pursuant to the first
sentence of Article 73 of Regulation No 40/94.

Action brought on 30 October 2007 — France Télécom v
OHIM (UNIQUE)

(Case T-396/07)

(2007/C 315/80)

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

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

Language in which the case was lodged: French

Parties

Applicant: France Télécom (Paris, France)
Potot, lawyer)

(represented by B.

Action brought on 25 October 2007 — Algodonera del Sur
v Council and Commission

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

(Case T-394/07)

(2007/C 315/79)

Language of the case: Spanish

Parties

Applicant: Algodonera del Sur, S.A. (Lebrija, Spain) (represented
by: L. Ortiz Blanco, lawyer)

Form of order sought

— declare that the decision of the Second Board of Appeal of

OHIM of 3 September 2007 is invalid;

— order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark UNIQUE for goods
and services in Classes 9, 35 and 38 (application No 5 312 392)

Decision of the Examiner: Partial refusal of registration

Defendant: Council of the European Union and Commission of
the European Communities

Decision of the Board of Appeal: Dismissal of the appeal

Form of order sought

— to uphold the present action for damages,

in accordance
with Article 288 EC, and declare the applicant is entitled to
be financially compensated by the Council and the Commis-
sion jointly and severally in the sum total of one million
twenty-nine thousand eight hundred and twenty-five euros
(EUR 1 029 825); and

— to order the defendant institutions to pay the costs.

Pleas in law: Infringement of Article 7(1)(b) and Article 7(2) of
Regulation No 40/94 of the Council (1)
in the
applicant's view and contrary to what is stated in the contested
decision, the word ‘UNIQUE’
is not devoid of any distinctive
character.

inasmuch as,

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

trade mark (OJ 1994 L 11, p. 1).
Prior notification of a concentration (Case COMP/M.4959 — Goldman Sachs/MatlinPatterson/Bankenservice Kassel) — Candidate case for simplified procedure Text with EEA relevance
Date: 2007-12-22
Institutions: European Commission
Subjects: banking, commercial bank, economic concentration, electronic money, exchange of information, investment company, merger control

C 314/40

EN

Official Journal of the European Union

22.12.2007

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.4959 — Goldman Sachs/MatlinPatterson/Bankenservice Kassel)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 314/12)

1.
On 13 December 2007, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Goldman Sachs Group
Inc. (‘GS’, USA) and MatlinPatterson LLC (‘MP’, USA) acquire within the meaning of Article 3(1)(b) of the
Council Regulation joint control of the undertaking Bankenservice Kassel GmbH (‘Bankenservice’, Germany)
by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking GS: investment banking, securities and investment management firm,

— for undertaking MP: investment fund which invests globally in companies in financial difficulties,

— for undertaking Bankenservice: handling of cashless payment transaction vouchers in Germany.

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. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

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.4959 — Goldman Sachs/MatlinPatterson/Bankenservice Kassel, 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.
(2) OJ C 56, 5.3.2005, p. 32.
Case C-29/07: Order of the President of the Court of 19 July 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, air transport, foreign national, illegal migration, national implementing measure, removal

22.12.2007

EN

Official Journal of the European Union

C 315/31

Form of order sought

— declare that, by failing to ensure that

that undertakings
which operate public telephone networks make caller loca-
tion information available to authorities handling emergen-
cies for calls to the single European emergency call number
‘112’, the Slovak Republic has failed to fulfil its obligations
under Article 26(3) of Directive 2002/22/EC (1);

— order the Slovak Republic to pay the costs.

Pleas in law and main arguments

The period for adopting measures to transpose the directive
expired on 24 July 2003.

Order of the President of the Court of 22 October 2007 —
the European Communities v Italian
Commission of

Republic

(Case C-530/06) (1)

(2007/C 315/54)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 42, 24.2.2007.

(1) Directive 2002/22/EC of

the
Council of 7 March 2002 on universal service and users' rights
relating to electronic
and services
(Universal Service Directive), OJ 2002 L 108, p. 51.

the European Parliament and of

communications networks

Order of the President of the Fourth Chamber of the Court
of 27 September 2007 (reference for a preliminary ruling
from the Tribunale Civile Di Genova — Italy) —
Alessandro Tedesco v Tomasoni Fittings SrL, RWO Marine
Equipment Ltd

(Case C-175/06) (1)

(2007/C 315/52)

Language of the case: Italian

Order of the President of the Court of 8 October 2007 —
Commission of the European Communities v Ireland

(Case C-21/07) (1)

(2007/C 315/55)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

The President of the Fourth Chamber of the Court has ordered
that the case be removed from the register.

(1) OJ C 56, 10.3.2007.

(1) OJ C 154, 1.7.2006.

Order of the President of the Court of 19 July 2007 —
the European Communities v Hellenic
Commission of

Order of the President of the Eighth Chamber of the Court
of 21 September 2007 — Commission of the European
Communities v Hellenic Republic

(Case C-426/06) (1)

(2007/C 315/53)

Language of the case: Greek

Republic

(Case C-29/07) (1)

(2007/C 315/56)

Language of the case: Greek

The President of the Eighth Chamber of the Court has ordered
that the case be removed from the register.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 326, 30.12.2006.

(1) OJ C 56, 10.3.2007.
Case T-394/07: Action brought on 25 October 2007 — Algodonera del Sur v Council and Commission
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, aid system, appeal, common agricultural policy, cotton, indemnification

C 315/42

EN

Official Journal of the European Union

22.12.2007

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: three-dimensional trade mark
‘Part of hand grip’ in respect of goods in Classes 6 and 8 (appli-
cation No 4 396 727)

The pleas in law and the main arguments are the same as those
in Case T-217/07 Las Palmeras v Council and Commission.

Decision of the Examiner: refusal in part of the application.

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

Pleas in law: Infringement of the principle laid down in the first
sentence of Article 74(1) of Regulation No 40/94 (1) that the
Office examines the facts of its own motion and infringement
of Article 7 of that regulation. In the alternative, failure to the
state reasons on which a decision is based pursuant to the first
sentence of Article 73 of Regulation No 40/94.

Action brought on 30 October 2007 — France Télécom v
OHIM (UNIQUE)

(Case T-396/07)

(2007/C 315/80)

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

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

Language in which the case was lodged: French

Parties

Applicant: France Télécom (Paris, France)
Potot, lawyer)

(represented by B.

Action brought on 25 October 2007 — Algodonera del Sur
v Council and Commission

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

(Case T-394/07)

(2007/C 315/79)

Language of the case: Spanish

Parties

Applicant: Algodonera del Sur, S.A. (Lebrija, Spain) (represented
by: L. Ortiz Blanco, lawyer)

Form of order sought

— declare that the decision of the Second Board of Appeal of

OHIM of 3 September 2007 is invalid;

— order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark UNIQUE for goods
and services in Classes 9, 35 and 38 (application No 5 312 392)

Decision of the Examiner: Partial refusal of registration

Defendant: Council of the European Union and Commission of
the European Communities

Decision of the Board of Appeal: Dismissal of the appeal

Form of order sought

— to uphold the present action for damages,

in accordance
with Article 288 EC, and declare the applicant is entitled to
be financially compensated by the Council and the Commis-
sion jointly and severally in the sum total of one million
twenty-nine thousand eight hundred and twenty-five euros
(EUR 1 029 825); and

— to order the defendant institutions to pay the costs.

Pleas in law: Infringement of Article 7(1)(b) and Article 7(2) of
Regulation No 40/94 of the Council (1)
in the
applicant's view and contrary to what is stated in the contested
decision, the word ‘UNIQUE’
is not devoid of any distinctive
character.

inasmuch as,

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

trade mark (OJ 1994 L 11, p. 1).
Case T-28/06: Judgment of the Court of First Instance of 6 November 2007 — RheinfelsQuellen H. Hövelmann v OHIM (VOM URSPRUNG HER VOLLKOMMEN) (Community trade mark — Application for the Community word mark VOM URSPRUNG HER VOLLKOMMEN — Absolute grounds for refusal — Descriptive character — Article 7(1)(b) and 7(1)(c) of Regulation (EC) No 40/94)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 315/36

EN

Official Journal of the European Union

22.12.2007

2. Orders OHIM to pay its own costs and those incurred by the appli-

cant;

Judgment of the Court of First Instance of 6 November
2007 — RheinfelsQuellen H. Hövelmann v OHIM (VOM
URSPRUNG HER VOLLKOMMEN)

3. Orders the intervener to bear its own costs.

(1) OJ C 22, 28.1.2006.

Judgment of the Court of First Instance of 8 November
2007 — MPDV Mikrolab v OHIM (manufacturing score
card)

(Case T-459/05) (1)

(Community trade mark — Community trade mark applica-
tion in respect of manufacturing score card word mark —
Absolute grounds for refusal — Descriptiveness — Lack of
distinctive character — Article 7(1)(b) and (c) of Regulation
(EC) No 40/94)

(2007/C 315/67)

Language of the case: German

(Case T-28/06) (1)

(Community trade mark — Application for the Community
word mark VOM URSPRUNG HER VOLLKOMMEN —
Absolute grounds for refusal — Descriptive character —
Article 7(1)(b) and 7(1)(c) of Regulation (EC) No 40/94)

(2007/C 315/68)

Language of the case: German

Parties

Applicant: RheinfelsQuellen H. Hövelmann GmbH & Co. KG,
Duisburg, Germany,
(represented by: W. Kellenter and A.
Lambrecht, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Parties

Applicant: MPDV Mikrolab GmbH, Mikroprozessordatenverarbei-
tung und Mikroprozessorlabor (Mosbach, Germany) (represented
by: W. Göpfert, lawyer)

Re:

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

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 19 October 2005 (Case R 1059/2004-2)
concerning an application for registration of the manufacturing
score card word mark as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Appeal against the decision of the Second Board of Appeal of
OHIM of 17 November 2005 (Case R 1179/2004-2)
concerning an application for registration of the word mark
VOM URSPRUNG HER VOLKOMMEN as a Community trade
mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung

und Mikroprozessorlabor to pay the costs.

2. Orders RheinfelsQuellen H. Hövelmann GmbH & Co. KG to pay

the costs.

(1) OJ C 60 of 11.3.2006.

(1) OJ C 86, 8.4.2006.