do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5384 — BNP Paribas/Fortis) Text with EEA relevance
Date: 2008-11-05
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial institution, insurance, merger control

C 281/12

EN

Official Journal of the European Union

5.11.2008

Prior notification of a concentration

(Case COMP/M.5384 — BNP Paribas/Fortis)

(Text with EEA relevance)

(2008/C 281/11)

1.
On 29 October 2008, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1), by which BNP Paribas SA (‘BNP Paribas’, France)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of Fortis Bank SA/NV,
Fortis Bank Luxembourg SA and Fortis Insurance Belgium SA/NV (together ‘Fortis Entities’, Belgium and
Luxembourg) by way of a purchase of shares.

2.

The business activities of the undertakings concerned are:

— for BNP Paribas: banking and insurance services to individuals, business and institutional customers,

— for Fortis Entities: banking and insurance services to individuals, business and institutional customers.

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.5384 — BNP Paribas/Fortis, 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.
Commission Regulation (EC) No 1092/2008 of 5 November 2008 establishing a prohibition of fishing for cod in I and IIb by vessels flying the flag of Poland
Date: 2008-11-05
Institutions: European Commission
Subjects: EU waters, Poland, catch quota, fishing regulations, fishing rights, sea fish, ship's flag

6.11.2008

EN

Official Journal of the European Union

L 297/21

COMMISSION REGULATION (EC) No 1092/2008

of 5 November 2008

establishing a prohibition of fishing for cod in I and IIb by vessels flying the flag of Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi­
tation of
the common fisheries
policy (1), and in particular Article 26(4) thereof,

resources under

fisheries

Having regard to Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to
common fisheries policy (2), and in particular Article 21(3)
thereof,

Whereas:

(3)

It is therefore necessary to prohibit fishing for that stock
and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in
the Annex to this Regulation for the stock referred to therein
for 2008 shall be deemed to be exhausted from the date set out
in that Annex.

Article 2

Prohibitions

(1)

(2)

Council Regulation (EC) No 40/2008 of 16 January 2008
fixing for 2008 the fishing opportunities and associated
fish
conditions for certain fish stocks and groups of
in Community waters
stocks
for
and
Community vessels,
in waters where catch limitations
are required (3), lays down quotas for 2008.

applicable

Fishing for the stock referred to in the Annex to this Regulation
by vessels flying the flag of or registered in the Member State
referred to therein shall be prohibited from the date set out in
that Annex. It shall be prohibited to retain on board, tranship
or land such stock caught by those vessels after that date.

to

the

information

the
received
According
Commission, catches of
the stock referred to in the
Annex to this Regulation by vessels flying the flag of
or registered in the Member State referred to therein
have exhausted the quota allocated for 2008.

by

Article 3

Entry into force

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 November 2008.

For the Commission

Fokion FOTIADIS
Director-General for Maritime Affairs and Fisheries

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 261, 20.10.1993, p. 1.
(3) OJ L 19, 23.1.2008, p. 1.

L 297/22

EN

Official Journal of the European Union

6.11.2008

No

Member State

Stock

Species

Area

Date

ANNEX

53/T&Q

POL

COD/1/2B.

Cod (Gadus morhua)

I and IIb

11.9.2008
Prior notification of a concentration (Case COMP/M.5333 — Bell/Zimbo) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-11-05
Institutions: European Commission
Subjects: economic concentration, exchange of information, meat processing industry, merger control, wholesale trade

C 281/14

EN

Official Journal of the European Union

5.11.2008

Prior notification of a concentration

(Case COMP/M.5333 — Bell/Zimbo)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 281/13)

On 27 October 2008,

the Commission received a notification of a proposed concentration
1.
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bell
pursuant
Holding AG (‘Bell’, Switzerland), belonging to the Coop group (‘Coop’, Switzerland), acquires within the
meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Zimbo
Fleisch- und Wurstwaren GmbH & Co. KG (‘Zimbo’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Bell, Coop: Production and distribution of meat and sausages, retail and wholesale of daily consumer

goods,

— for Zimbo: Production and distribution of meat and sausages.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
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.5333 — Bell/Zimbo, 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.
Non-opposition to a notified concentration (Case COMP/M.5348 — Aegon/Caixa Terrassa/Caixa Terrassa Vida) Text with EEA relevance
Date: 2008-11-05
Institutions: European Commission
Subjects: banking, disclosure of information, economic concentration, indemnity insurance, insurance, life assurance, merger control, pension scheme, restrictive-practice authorisation

C 281/4

EN

Official Journal of the European Union

5.11.2008

Non-opposition to a notified concentration

(Case COMP/M.5057 — Aviva/UBI Vita)

(Text with EEA relevance)

(2008/C 281/04)

On 11 March 2008, 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 Regulation (EC)
No 139/2004. The full text of the decision is available only in Italian 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 32008M5057. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5348 — Aegon/Caixa Terrassa/Caixa Terrassa Vida)

(Text with EEA relevance)

(2008/C 281/05)

On 22 October 2008, 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 32008M5348. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Prior notification of a concentration (Case COMP/M.5371 — Raiffeisen Informatik/PC-Ware) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-11-05
Institutions: European Commission
Subjects: computer systems, economic concentration, exchange of information, merger control, provision of services, software

5.11.2008

EN

Official Journal of the European Union

C 281/11

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5371 — Raiffeisen Informatik/PC-Ware)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 281/10)

1.
On 23 October 2008, 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 Raiffeisen Informatik
GmbH (‘Raiffeisen Informatik’, Austria) jointly controlled by Raiffeisen Zentralbank Österreich AG (‘RZB’,
Austria) and Raiffeisenlandesbank Niederösterreich-Wien AG (‘RLB NÖ-W’, Austria) acquires within the
meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking PC-Ware
Information Technologies AG (‘PC-Ware’, Germany) by way of public bid.

2.

The business activities of the undertakings concerned are:

— for Raiffeisen Informatik: Information Technology (‘IT’) services, in particular management of IT systems

as well as IT process management,

— for RZB: bank focusing on commercial and investment banking, and central institution of the Austrian

Group of Raiffeisen banks,

— for RLB NÖ-W: bank and regional central institution of Raiffeisen banks of Lower Austria,

— for PC-Ware: sale and licensing of software as well as software management.

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.5371 — Raiffeisen Informatik/PC-Ware, 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 T-256/06: Judgment of the Court of First Instance of 5 November 2008 — Neoperl Servisys AG v OHIM (HONEYCOMB) (Community trade mark — Application for the Community word mark HONEYCOMB — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2008-11-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, mechanical equipment, plumbing equipment, trade-mark law

C 327/22

EN

Official Journal of the European Union

20.12.2008

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 5 November
2008 — Neoperl Servisys AG v OHIM (HONEYCOMB)

Judgment of the Court of First Instance of 4 November
2008 — Group Lottuss Corp v OHIM — Ugly (COYOTE
UGLY)

(Case T-256/06) (1)

(Case T-161/07) (1)

(Community trade mark — Application for the Community
word mark HONEYCOMB — Absolute grounds for refusal
— Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(Community
trade mark — Opposition procedure —
Application for the figurative Community mark COYOTE
UGLY — Earlier Community word mark COYOTE UGLY —
Relative grounds for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation(EC) No 40/94)

(2008/C 327/39)

Language of the case: German

(2008/C 327/40)

Language of the case: Spanish

Parties

Applicant: Neoperl Servisys AG (Reinach, Switzerland)
sented by: H. Börjes-Pestalozza, lawyer)

(repre-

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

Parties

(repre-
Applicant: Group Lottuss Corp., SL (Barcelona, Spain)
sented by: J. Grau Mora, A. Angulo Lafora, M. Ferrándiz Aven-
daño and J. Arribas García, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
J. Laporta Insa,
acting as Agent)

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Ugly, Inc. (Cornwall,
New York, United States) (represented by: S. Malynicz, barrister,
M. Blair and C. Balme, solicitors)

Re:

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 17 July 2006 (Case R 1388/2005-4)
concerning an application to register the word mark HONEY-
COMB as a Community trade mark.

Action brought against the decision of the Second Board of
Appeal of OHIM of 2 March 2007 (Joined Cases R 165/2006-2
and R 194/2006-2) concerning an opposition procedure
between Ugly Inc. and Group Lottuss Corp., SL.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Neoperl Servisys AG to pay the costs.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Group Lottuss Corp., SL to bear all its own costs, to pay
four fifths of the costs of the Office for Harmonisation in the
Internal Market(Trade Marks and Designs)(OHIM) and to pay
four fifths of the costs of Ugly Inc.;

3. orders Ugly Inc. to bear one fifth of its own costs and to pay one

fifth of OHIM's costs.

(1) OJ C 261 of 28.10.2006.

(1) OJ C 155 of 7.7.2007.
Euro exchange rates
Date: 2008-11-05
Institutions: European Commission
Subjects: euro, exchange rate

C 281/6

EN

Official Journal of the European Union

5.11.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

4 November 2008

(2008/C 281/07)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

SKK

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Slovak koruna

1,2820

TRY

Turkish lira

127,35

AUD Australian dollar

7,4430

0,80750

9,8978

1,4943

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9379

1,8554

1,4949

9,9358

2,1103

1,8885

305,00

KRW South Korean won

1 635,83

8,5615

1,9558

24,163

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

259,86

MYR Malaysian ringgit

3,4528

0,7092

3,5266

3,6850

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,333

MXN Mexican peso

12,6373

8,7638

7,1531

13 973,80

4,5223

61,920

34,5664

44,799

2,7525

16,1532

(1) Source: reference exchange rate published by the ECB.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance)
Date: 2008-11-05
Institutions: European Commission
Subjects: France, Spain, State aid, control of State aid, cultural promotion, economic support, performing arts

5.11.2008

EN

Official Journal of the European Union

C 281/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2008/C 281/01)

Date of adoption of the decision

1.8.2008

Reference number of the aid

N 324/08

Member State

Region

France

—

Title (and/or name of the beneficiary) Aides d'État à la production de spectacles en France

Legal basis

Type of measure

Objective

Form of aid

Budget

Intensity

Duration

Articles 76 et 77 de la loi No 2003-1312; décret No 2004-117 du 4 février
2004

Aid scheme

Culture

Direct grant, Guarantee

Annual budget: EUR 21,5 million

Overall budget: EUR 107,5 million

50 %

1.12.2008-30.11.2013

Economic sectors

Recreational, cultural sporting activities

Name and address of
authority

the granting

Association pour le soutien du théâtre privé; Centre national de la chanson, des
variétés et du jazz

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be
found at:

http://ec.europa.eu/community_law/state_aids/

C 281/2

EN

Official Journal of the European Union

5.11.2008

Date of adoption of the decision

22.8.2008

Reference number of the aid

N 368/08

Member State

Region

Spain

País Vasco

Title (and/or name of the beneficiary)

Programa de ayudas para la organización de festivales, ciclos, concursos y certá-
menes de las áreas culturales de Audiovisuales, Teatro, Danza y Música en el año
2008

Legal basis

Type of measure

Objective

Form of aid

Budget

Intensity

Duration

Orden, de 1 de julio de 2008, de la Consejera de Cultura, por la que se regula la
concesión de subvenciones para la organización de festivales ciclos, concursos y
certámenes de las áreas culturales de Audiovisuales, Teatro, Danza y Música, y se
efectúa la convocatoria para el año de 2008 (publicada en el Boletín Oficial del
País Vasco no 140, del 23 de julio de 2008)

Aid scheme

Culture

Direct grant

Annual budget: EUR 0,9697 million

Overall budget: EUR 0,9697 million

50 %

Until 31.12.2008

Economic sectors

Recreational, cultural sporting activities

Name and address of
authority

the granting

Dirección de Promoción de la Cultura; Departamento de Cultura;
Gobierno Vasco
c/ Donostia 1
E-01010 Victoria-Gasteiz

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be
found at:

http://ec.europa.eu/community_law/state_aids/
Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, extending the provisions of the Partnership and Cooperation Agreement to bilateral trade in textiles, taking account of the expiry of the bilateral textiles Agreement
Date: 2008-11-05
Institutions: European Economic Community, Kazakhstan
Subjects: Kazakhstan, cooperation agreement (EU), protocol to an agreement, textile product, trade agreement (EU), trade policy, withdrawal from an agreement

L 17/16

EN

Official Journal of the European Union

24.1.2007

PROTOCOL

to the Partnership and Cooperation Agreement between the European Communities and their
Member States, of the one part, and the Republic of Kazakhstan, of the other part, extending the
provisions of the Partnership and Cooperation Agreement to bilateral trade in textiles, taking
account of the expiry of the bilateral textiles Agreement

THE EUROPEAN COMMUNITY,

of the one part, and

THE REPUBLIC OF KAZAKHSTAN,

of the other part,

Whereas:

(1)

(2)

The Partnership and Cooperation Agreement between the European Communities and their Member States, of the
one part, and the Republic of Kazakhstan, of the other part, (hereinafter referred to as the PCA) entered into force
on 1 July 1999.

Negotiations have taken place to ensure that the principles in the PCA which apply to trade in other goods are
also extended formally to trade in textile products.

(3)

Appropriate amendments to the PCA should be adopted,

HAVE AGREED AS FOLLOWS:

Article 1

The Partnership and Cooperation Agreement between the
European Communities and their Member States, of the one
part, and the Republic of Kazakhstan, of the other part, (here-
inafter referred to as the PCA) is hereby amended as follows:

Article 2

This Protocol shall form an integral part of the PCA.

Article 3

This Protocol shall enter into force on the first day of the
month following the date of signature.

1.

in Article 11 the reference to Article 16 is deleted;

Article 4

2. Article 16 is deleted.

This Protocol is drawn up in duplicate in each of the official
languages of the contracting parties, each of these texts being
equally authentic.
Prior notification of a concentration (Case COMP/M.5376 — Greenvision ambiente/Itochu/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-11-05
Institutions: European Commission
Subjects: building materials, civil engineering, economic concentration, exchange of information, international trade, merger control, renewable energy, solar collector

5.11.2008

EN

Official Journal of the European Union

C 281/13

Prior notification of a concentration

(Case COMP/M.5376 — Greenvision ambiente/Itochu/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 281/12)

On 27 October 2008,

1.
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 Itochu
Corporation (‘Itochu’, Japan) and Greenvision ambiente Srl (‘Greenvision’, Italy) acquire within the meaning
of Article 3(1)(b) of the Council Regulation joint control of Greenvision ambiente Photo Solar Srl (‘GAPS’,
Italy), by way of a purchase of shares. GAPS is currently solely controlled by Greenvision.

2.

The business activities of the undertakings concerned are:

— GAPS: design and integration of photo-voltaic systems,

— Greenvision: bio building, civil engineering and agro-technologies, renewable energies, environmental

services,

— Itochu: trading company with diversified products.

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.5376 — Greenvision ambiente/Itochu/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.