do-me/EUR-LEX huggingface dataset:
Case F-7/09: Action brought on 30 January 2009 — Faria v OHIM
Date: 2009-01-30
Institutions: Civil Service Tribunal
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), damages, trade-mark law

21.3.2009

EN

Official Journal of the European Union

C 69/55

Action brought on 30 January 2009 — Faria v OHIM

Subject-matter and description of the proceedings

(Case F-7/09)

(2009/C 69/122)

Language of the case: French

Parties

Applicant: Marie-Hélène Faria (Muchamiel, Spain)
by: L. Levi, lawyer)

(represented

Application for annulment of the evaluation report in respect of
the period from 1 October 2006 to 30 September 2007, and
an order that the defendant pay compensation for the loss
suffered by the applicant.

Form of order sought

The applicant claims the Tribunal should:

— Annul the evaluation report in respect of the period from

1 October 2006 to 30 September 2007;

— So far as necessary, annul the decision of 17 October 2008

rejecting the complaint brought by the applicant;

— Order the defendant to pay damages to compensate for the
non-material harm suffered, assessed on equitable principles
at EUR 100 000;

Defendant: Office for Harmonisation in the Internal Market

— Order OHIM to pay the costs.
Prior notification of a concentration (Case COMP/M.5355 — BASF/Ciba) Text with EEA relevance
Date: 2009-01-30
Institutions: European Commission
Subjects: agricultural product, chemical product, economic concentration, exchange of information, merger control, plastics

C 24/14

EN

Official Journal of the European Union

30.1.2009

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5355 — BASF/Ciba)

(Text with EEA relevance)

(2009/C 24/07)

1.
On 22 January 2009, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which BASF SE (‘BASF’, Germany) acquires within
the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Ciba Holding AG (‘Ciba’,
Switzerland) by way of public bid announced on 15 September 2008.

2.

The business activities of the undertakings concerned are:

— for BASF: chemicals, plastics, performance products, agricultural products and fine chemicals,

— for Ciba: specialty 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.5355 — BASF/Ciba, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5415 — Telenet/Concentra/VAR/JV) Text with EEA relevance
Date: 2009-01-30
Institutions: European Commission
Subjects: Belgium, Internet, Netherlands, access to information, audiovisual industry, economic concentration, exchange of information, merger control, telephone, television

30.1.2009

EN

Official Journal of the European Union

C 24/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5346 — APMM/Broström)

(Text with EEA relevance)

(2009/C 24/01)

On 14 January 2009, 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 32009M5346. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5415 — Telenet/Concentra/VAR/JV)

(Text with EEA relevance)

(2009/C 24/02)

On 21 January 2009, 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 32009M5415. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-46/09: Action brought on 30 January 2009 — Commission of the European Communities v Republic of Estonia
Date: 2009-01-30
Institutions: Court of Justice
Subjects: Estonia, European Commission, action for failure to fulfil an obligation, cargo vessel, harbour installation, maritime transport








C_2009090EN.01001201.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/12





Action brought on 30 January 2009 — Commission of the European Communities v Republic of Estonia
(Case C-46/09)
2009/C 90/18
Language of the case: Estonian

Parties


Applicant: Commission of the European Communities (represented by: E. Randvere and K. Simonsson)

Defendant: Republic of Estonia

Form of order sought

The applicant claims that the Court should:






—


declare that, since it has not correctly transposed into national law the provisions of Directive 2000/59/EC (1) of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues, the Republic of Estonia has failed to fulfil its obligations under Article 11 of Directive 2000/59/EC;










—


order the Republic of Estonia to pay the costs.





Pleas in law and main arguments

It follows from Article 11(2)(a) of Directive 2000/59 that the Republic of Estonia is under an obligation to establish criteria in order to select ships, other than fishing vessels and recreational craft authorised to carry no more than 12 passengers, for inspection.
Article 11(2)(c) of Directive 2000/59 provides that, if the relevant authority is not satisfied with the results of this inspection, it must ensure that the ship does not leave the port until it has delivered its ship-generated waste and cargo residues to a port reception facility in accordance with Articles 7 and 10.
The Republic of Estonia has stated its intention to supplement the Estonian legislation in order to correctly transpose those provisions of the directive. The Commission does not have any information on the adoption of such amendments.


(1)  OJ 2000 L 332, p. 81
Prior notification of a concentration (Case COMP/M.5471 — Goldman Sachs/Constellation Energy Commodities) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-01-30
Institutions: European Commission
Subjects: bank, coal, economic concentration, exchange of information, freight rate, investment, marketing, merger control, property market

C 24/16

EN

Official Journal of the European Union

30.1.2009

Prior notification of a concentration

(Case COMP/M.5471 — Goldman Sachs/Constellation Energy Commodities)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 24/09)

1.
On 23 January 2009, 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 J. Aron & Company,
controlled by The Goldman Sachs Group, Inc (‘GS’, USA), acquires within the meaning of Article 3(1)(b) of
the Council Regulation control of substantially all of the assets of the international commodities business
of Constellation Energy Commodities Group,
Inc.
(‘International Commodities Business of CECG’, USA).

Inc., controlled by Constellation Energy Group,

2.

The business activities of the undertakings concerned are:

— for GS: banking, securities and investment services,

— for the International Commodities Business of CECG: trading and ancillary services with a primary focus

on global coal trading and freights services.

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.5471 — Goldman Sachs/Constellation Energy Commodities, to the following
address:

European Commission
Directorate General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Corrigendum to Commission Regulation (EC) No 402/2008 of 6 May 2008 on procedures for the importation of rye from Turkey (Codified version) ( OJ L 120, 7.5.2008 )
Date: 2009-01-30
Institutions: European Commission
Subjects: Türkiye, export tax, import (EU), olive oil, originating product, regulation (EU), repeal, rye

L 26/6

EN

Official Journal of the European Union

30.1.2009

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 402/2008 of 6 May 2008 on procedures for the importation of
rye from Turkey (Codified version)

(Official Journal of the European Union L 120 of 7 May 2008)

On page 3, in Article 1, fourth line:

for:

read:

‘A.TR.1’,
‘A.TR.’.

Corrigendum to Council Regulation (EC) No 361/2008 of 14 April 2008 amending Regulation (EC) No
1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation)

(Official Journal of the European Union L 121 of 7 May 2008)

On page 25, Annex II, concerning Annex XIa of Regulation 1234/2007, point IV.1(a):

for:

‘(a)

read:

‘(a)

the age of the animals on slaughter, indicated, as the case may be, on the form “age on slaughter: up to eight
months” in the case of animals aged eight months or less, or “age on slaughter: from eight to 12 months” in
the case of animals aged more than eight months but not more than 12 months;’,
the age of the animals on slaughter, indicated, as the case may be, on the form “age on slaughter: up to 8
months” in the case of animals aged eight months or less, or “age on slaughter: from 8 to 12 months” in the
case of animals aged more than eight months but not more than 12 months;’.
Prior notification of a concentration (Case COMP/M.5370 — CEZ/Akkok/Sedas/Akenerji) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-01-30
Institutions: European Commission
Subjects: chemical product, coal, economic concentration, electricity supply, energy production, exchange of information, merger control, mining extraction, property market, textile product

30.1.2009

EN

Official Journal of the European Union

C 24/17

Prior notification of a concentration

(Case COMP/M.5370 — CEZ/Akkok/Sedas/Akenerji)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 24/10)

1.
On 22 January 2009, the Commission received a notification of a proposed concentration pursuant to
Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by
(‘CEZ’, Czech Republic) belonging to the CEZ Group and Akkok Sanayi Yatirim ve
which CEZ, a.s.
Gelistirme A.S. (‘Akkok’, Turkey) acquire within the meaning of Article 3(1)(b) of the Council Regulation
joint control of the undertaking Akenerji Elektrik Uretim A.S. (‘Akenerji’, Turkey) by way of purchase of
shares. Subsequently, CEZ and Akkok acquire within the meaning of Article 3(1)(b) of the Council Regu-
lation joint control of the undertaking Sakarya Elektrik Dagitim A.S. (‘Sedas’, Turkey) by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— for CEZ: generation, distribution and sale of electricity, coal mining, among other activities,

— for Akkok: energy, chemicals, textile, real estate, among others,

— for Akenerji: generation of electricity and steam,

— for Sedas: distribution and sale of electricity.

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.5370 — CEZ/Akkok/Sedas/Akenerji, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Corrigendum to Council Regulation (EC) No 361/2008 of 14 April 2008 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ( OJ L 121, 7.5.2008 )
Date: 2009-01-30
Institutions: Council of the European Union
Subjects: agricultural product, aid to agriculture, common organisation of markets, competition law, farming sector, marketing, trading operation

L 26/6

EN

Official Journal of the European Union

30.1.2009

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 402/2008 of 6 May 2008 on procedures for the importation of
rye from Turkey (Codified version)

(Official Journal of the European Union L 120 of 7 May 2008)

On page 3, in Article 1, fourth line:

for:

read:

‘A.TR.1’,
‘A.TR.’.

Corrigendum to Council Regulation (EC) No 361/2008 of 14 April 2008 amending Regulation (EC) No
1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation)

(Official Journal of the European Union L 121 of 7 May 2008)

On page 25, Annex II, concerning Annex XIa of Regulation 1234/2007, point IV.1(a):

for:

‘(a)

read:

‘(a)

the age of the animals on slaughter, indicated, as the case may be, on the form “age on slaughter: up to eight
months” in the case of animals aged eight months or less, or “age on slaughter: from eight to 12 months” in
the case of animals aged more than eight months but not more than 12 months;’,
the age of the animals on slaughter, indicated, as the case may be, on the form “age on slaughter: up to 8
months” in the case of animals aged eight months or less, or “age on slaughter: from 8 to 12 months” in the
case of animals aged more than eight months but not more than 12 months;’.
Case C-131/08: Order of the Court (Fifth Chamber) of 30 January 2009 — Dorel Juvenile Group, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Application for word mark SAFETY 1ST — Lack of distinctive character — Refusal of registration)
Date: 2009-01-30
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, trade-mark law, vehicle parts








C_2009113EN.01001701.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/17





Order of the Court (Fifth Chamber) of 30 January 2009 — Dorel Juvenile Group, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-131/08) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Application for word mark SAFETY 1ST - Lack of distinctive character - Refusal of registration)
2009/C 113/33
Language of the case: English

Parties


Applicant: Dorel Juvenile Group, Inc. (represented by: G. Simon, Rechtsanwältin)

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

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 24 January 2008 in Case T-88/06 Dorel Juvenile Group, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) by which the Court dismissed an action for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 January 2006 (Case R 616/2004-2) dismissing the appeal against the examiner’s decision which refused to register the word mark ‘SAFETY 1ST’ for goods in Classes 12, 20, 21 and 28 — Distinctive character of a trade mark — Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the order







1.


The appeal is dismissed.










2.


Dorel Juvenile Group, Inc. is ordered to pay the costs.






(1)  OJ C 158, 21.6.2008.
Non-opposition to a notified concentration (Case COMP/M.5346 — APMM/Broström) Text with EEA relevance
Date: 2009-01-30
Institutions: European Commission
Subjects: carriage of goods, container, economic concentration, exchange of information, gas, maritime transport, merger control, oil industry, petroleum, retail trade

30.1.2009

EN

Official Journal of the European Union

C 24/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5346 — APMM/Broström)

(Text with EEA relevance)

(2009/C 24/01)

On 14 January 2009, 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 32009M5346. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5415 — Telenet/Concentra/VAR/JV)

(Text with EEA relevance)

(2009/C 24/02)

On 21 January 2009, 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 32009M5415. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-291/08: Order of the President of the Court of 30 January 2009 — Commission of the European Communities v Republic of Austria
Date: 2009-01-30
Institutions: Court of Justice
Subjects: Austria, Council of the European Union, EC Directive, European Commission, action for failure to fulfil an obligation, free movement of persons, national implementing measure








C_2009113EN.01002901.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/29





Order of the President of the Court of 30 January 2009 — Commission of the European Communities v Republic of Austria
(Case C-291/08) (1)

2009/C 113/56

Language of the case: German

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


(1)  OJ C 272, 25.10.2008.
Prior notification of a concentration (Case COMP/M.5432 — Credit Mutuel/Cofidis) Text with EEA relevance
Date: 2009-01-30
Institutions: European Commission
Subjects: bank, consumer credit, economic concentration, exchange of information, financial institution, insurance, merger control

30.1.2009

EN

Official Journal of the European Union

C 24/15

Prior notification of a concentration

(Case COMP/M.5432 — Credit Mutuel/Cofidis)

(Text with EEA relevance)

(2009/C 24/08)

1.
On 21 January 2009, 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 Banque Federative du
Credit Mutuel S.A. (‘Credit Mutuel’, France) acquires within the meaning of Article 3(1)(b) of the Council
Regulation sole control of Cofidis Participations, S.A. (‘Cofidis’, France) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Credit Mutuel: products and services associated to the banking and insurance sectors

mainly in France,

— for Cofidis: products and services associated to the consumer credit in France and internationally.

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.5432 — Credit Mutuel/Cofidis, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.