do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.4860 — HRE/DEPFA) Text with EEA relevance
Date: 2007-12-22
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry, restrictive-practice authorisation, vehicle parts

C 314/22

EN

Official Journal of the European Union

22.12.2007

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.4848 — Basell/Lyondell)

(Text with EEA relevance)

(2007/C 314/03)

On 26 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 32007M4848. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.4860 — HRE/DEPFA)

(Text with EEA relevance)

(2007/C 314/04)

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 32007M4860. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case T-314/07 R: Order of the Court of First Instance of 30 October 2007 — Simsalagrimm Filmproduktion v Commission and EACEA
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU programme, European Commission, action for annulment (EU), audiovisual industry, audiovisual production, contract

C 315/44

EN

Official Journal of the European Union

22.12.2007

Order of the Court of First Instance of 5 November 2007
— ITT Manufacturing Enterprises v OHIM — ITT
Trademark & Trade (I.T.T.)

Order of the Court of First Instance of 30 October 2007 —
Simsalagrimm Filmproduktion v Commission and EACEA

(Case T-231/07) (1)

(2007/C 315/83)

Language of the case: English

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

(1) OJ C 199, 25.8.2007.

(Case T-314/07 R)

(2007/C 315/85)

Language of the case: German

The President of the Court of First Instance has ordered that the
case be removed from the register.

Order of the Court of First Instance of 15 October 2007 —
cApStAn v Commission

(Case T-287/07) (1)

(2007/C 315/84)

Language of the case: French

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

(1) OJ C 223, 22.9.2007.

Order of the Court of First Instance of 30 October 2007 —
France v Council

(Case T-382/07 R)

(2007/C 315/86)

Language of the case: French

The President of the Court of First Instance has ordered that the
case be removed from the register.
Case C-53/07: 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: EC conformity marking, European Commission, Greece, action for failure to fulfil an obligation, approximation of laws, electromagnetic interference, electronic equipment, motor vehicle, national implementing measure

C 315/32

EN

Official Journal of the European Union

22.12.2007

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

Order of the President of the Court of 2 August 2007 —
the European Communities v Hellenic
Commission of

Republic

(Case C-53/07) (1)

(2007/C 315/57)

Language of the case: Greek

Republic

(Case C-77/07) (1)

(2007/C 315/59)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

(1) OJ C 69, 23.4.2005.

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

(Case C-64/07) (1)

(2007/C 315/58)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

Order of the President of the Court of 20 September 2007
— Commission of the European Communities v Hellenic
Republic

(Case C-83/07) (1)

(2007/C 315/60)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.
Amendment by France of public service obligations imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, and Marseilles, Nice and Paris (Orly) (Text with EEA relevance )
Date: 2007-12-22
Institutions: European Commission
Subjects: Corsica, France, air transport, airline, intra-EU transport, public service, transport regulations, transportation tariff

C 314/36

EN

Official Journal of the European Union

22.12.2007

Amendment by France of public service obligations imposed on scheduled air services between
Ajaccio, Bastia, Calvi and Figari, and Marseilles, Nice and Paris (Orly)

(Text with EEA relevance)

(2007/C 314/10)

1. Public service obligations have been imposed in accordance with Article 4(1)(a) of Council Regulation
(EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes,
on scheduled air services operated:

— between Ajaccio, Bastia, Calvi and Figari, and Marseilles and Nice published in the Official Journal of

the European Union C 149 of 21 June 2005, p. 7,

— between Ajaccio, Bastia, Calvi and Figari, and Paris (Orly) published in the Official Journal of the

European Union C 149 of 21 June 2005, p. 12.

These public service obligations provide that if an abnormal and unforeseeable increase in the cost
factors affecting the operation of the routes takes place for which the carriers are not responsible, the
maximum fares fixed in point 2.2 of these public service obligations may be raised in proportion to the
increase.

2. Pursuant to this clause, the public service obligations are amended as follows from 1 December 2007:

For services linking Marseilles and Nice with Corsica, the maximum fares given in point 2.2 of the public
service obligation are increased as follows:

— 4 EUR for the normal single fare,

— 3 EUR for the return fare subject to conditions for residents of Corsica,

— 2 EUR per leg of the trip for the categories of passengers specified in the abovementioned public

service obligations (young persons, senior citizens, students, families, disabled persons).

For services between Paris (Orly) and Corsica, the maximum fares given in point 2.2 of the public service
obligation are increased as follows:

— 5 EUR for the normal single fare,

— 5 EUR for the return fare subject to conditions for residents of Corsica,

— 3 EUR per leg of the trip for the categories of passengers specified in the abovementioned public

service obligations (young persons, senior citizens, students, families, disabled persons).
Case T-71/06: Judgment of the Court of First Instance of 15 November 2007 — Enercon v OHIM (Wind turbine) (Community trade mark — Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) and (3) 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

22.12.2007

EN

Official Journal of the European Union

C 315/37

Judgment of the Court of First Instance of 7 November
2007 — Marly v OHIM — Erdal (Top iX)

Judgment of the Court of First Instance of 15 November
2007 — Enercon v OHIM (Wind turbine)

(Case T-57/06) (1)

(Case T-71/06) (1)

(Community trade mark — Opposition proceedings —
Application for figurative Community trade mark Top iX —
Earlier international word mark TOFIX — Relative ground
for
confusion —
Article 8(1)(b) of Regulation (EC) No 40/94 — Request for
proof of genuine use of the earlier mark submitted for the
first time before the Court — Inadmissibility)

refusal — Absence of

likelihood of

(Community trade mark — Application for a three-dimen-
sional Community trade mark depicting the outer casing of
the nacelle of a wind turbine — Absolute grounds for refusal
— Lack of distinctive character — Article 7(1)(b) and (3) of
Regulation (EC) No 40/94)

(2007/C 315/69)

Language of the case: French

(2007/C 315/70)

Language of the case: German

Parties

Parties

Applicant: NV Marly SA (Brussels, Belgium) (represented by: B.
Mouffe and O. Rodesch, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Petrequin and A.
Rassat, acting as Agents)

Applicant: Enercon (Aurich, Germany) (represented by: R. Böhm,
lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Erdal GmbH (Hallein,
Austria) (represented by: M. Thewes and V. Wiot, lawyers)

Re:

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 14 December 2005 (Case R 1147/2004-2)
concerning opposition proceedings between Erdal GmbH and
NV Marly SA.

Action brought against the decision of the Second Board of
Appeal of OHIM of 30 November 2005 (Case R 179/2005-2)
refusing registration of a three-dimensional mark (a section of a
wind turbine in the form of an American football) as a Com-
munity trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders NV Marly SA to pay the costs.

2. Orders Enercon GmbH to pay the costs.

(1) OJ C 96, 22.4.2006.

(1) OJ C 108 of 6.5.2006.
Case T-459/05: Judgment of the Court of First Instance of 8 November 2007 — MPDV Mikrolab v OHIM (manufacturing score card) (Community trade mark — Community trade mark application 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)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology industry, software, 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.
Non-opposition to a notified concentration (Case COMP/M.4969 — DZ Equity Partner/Welle Holding/PAIDI Möbel) Text with EEA relevance
Date: 2007-12-22
Institutions: European Commission
Subjects: child, economic concentration, furniture industry, medium-sized business, merger control, restrictive-practice authorisation, shareholding

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 C-77/07: Order of the President of the Court of 2 August 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, copyright, national implementing measure, sale

C 315/32

EN

Official Journal of the European Union

22.12.2007

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

Order of the President of the Court of 2 August 2007 —
the European Communities v Hellenic
Commission of

Republic

(Case C-53/07) (1)

(2007/C 315/57)

Language of the case: Greek

Republic

(Case C-77/07) (1)

(2007/C 315/59)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

(1) OJ C 69, 23.4.2005.

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

(Case C-64/07) (1)

(2007/C 315/58)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

Order of the President of the Court of 20 September 2007
— Commission of the European Communities v Hellenic
Republic

(Case C-83/07) (1)

(2007/C 315/60)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.
Case T-287/07: Order of the Court of First Instance of 15 October 2007 — cApStAn v Commission
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), invitation to tender, provision of services, public contract

C 315/44

EN

Official Journal of the European Union

22.12.2007

Order of the Court of First Instance of 5 November 2007
— ITT Manufacturing Enterprises v OHIM — ITT
Trademark & Trade (I.T.T.)

Order of the Court of First Instance of 30 October 2007 —
Simsalagrimm Filmproduktion v Commission and EACEA

(Case T-231/07) (1)

(2007/C 315/83)

Language of the case: English

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

(1) OJ C 199, 25.8.2007.

(Case T-314/07 R)

(2007/C 315/85)

Language of the case: German

The President of the Court of First Instance has ordered that the
case be removed from the register.

Order of the Court of First Instance of 15 October 2007 —
cApStAn v Commission

(Case T-287/07) (1)

(2007/C 315/84)

Language of the case: French

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

(1) OJ C 223, 22.9.2007.

Order of the Court of First Instance of 30 October 2007 —
France v Council

(Case T-382/07 R)

(2007/C 315/86)

Language of the case: French

The President of the Court of First Instance has ordered that the
case be removed from the register.
Case C-426/06: Order of the President of the Eighth Chamber of the Court of 21 September 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, national implementing measure, water management, water protection

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.