do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5063 — BLG Italia/ICO/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-06-30
Institutions: European Commission
Subjects: Italy, economic concentration, exchange of information, freight rate, merger control, motor vehicle, property market, software








C_2009148EN.01001901.xml










30.6.2009   


EN


Official Journal of the European Union


C 148/19





Prior notification of a concentration
(Case COMP/M.5063 — BLG Italia/ICO/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 148/10






1.


On 19 June 2009 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which BLG Automobile Logistics Italia (‘BLG Italia’, Italy) belonging to the group BLG Logistics Group (‘BLG’, Germany) and International Car Operators (Benelux) N.V. (‘ICO’, Belgium) belonging to the group NYK Group (‘NYK’, Japan) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the joint venture company ICO BLG Automobile Logistics Italia (‘ICO BLG’, Italia) by purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for BLG: operation of terminals for cars, containers and contract logistics,










—


for NYK: cargo transport, terminal operation, logistics, real estate,










—


for ICO BLG: operation of a car terminal in the port of Gioia Tauro, Italy.














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.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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 2964301 or 2967244) or by post, under reference number COMP/M.5063 — BLG Italia/ICO/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension — Request made by a Member State
Date: 2009-06-30
Institutions: European Commission
Subjects: Spain, application of EU law, award of contract, energy industry, opinion, postal service, transport company, water








C_2009148EN.01002301.xml










30.6.2009   


EN


Official Journal of the European Union


C 148/23





Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension
Request made by a Member State
2009/C 148/12
On 3 June 2009 the Commission received a request in accordance with Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).
This request, made by the Kingdom of Spain, concerns the production and sale of electricity in that country. The request was published in OJ C 136 of 16 June 2009, p. 37. The initial deadline was 4 September 2009.
Given that the Commission needs to obtain and examine further information, and in keeping with the provisions contained in the third sentence of Article 30(6), the period in which the Commission must take a decision on this request is extended by one month.
The final deadline is therefore 4 October 2009.


(1)  OJ L 134, 30.4.2004, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5152 — Posten AB/Post Danmark A/S) Text with EEA relevance
Date: 2009-06-30
Institutions: European Commission
Subjects: economic concentration, exchange of information, logistics, merger control, postal service, provision of services








C_2009148EN.01000801.xml










30.6.2009   


EN


Official Journal of the European Union


C 148/8





Non-opposition to a notified concentration
(Case COMP/M.5152 — Posten AB/Post Danmark A/S)
(Text with EEA relevance)
2009/C 148/03
On 21 April 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 Regulation (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:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5152. EUR-Lex is the on-line access to the European law.
Case T-255/09: Action brought on 30 June 2009 — Caixa Geral de Depósitos v OHIM — Caixa d'Estalvis i Pensions de Barcelona ( la Caixa )
Date: 2009-06-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Portugal, action for annulment (EU), supplementary pension, trade-mark law








C_2009193EN.01003202.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/32





Action brought on 30 June 2009 — Caixa Geral de Depósitos v OHIM — Caixa d'Estalvis i Pensions de Barcelona (‘la Caixa’)
(Case T-255/09)
2009/C 193/51
Language in which the application was lodged: Spanish

Parties


Applicant: Caixa Geral de Depósitos (Lisbon, Portugal) (represented by: F. de la Rosa and M. Lobato García-Miján, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Caixa d'Estalvis i Pensions de Barcelona

Form of order sought







—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 24 March 2009 based on Article 8(1)(b) of the Regulation on the Community trade mark;










—


alternatively, annul the earlier decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 24 March 2009 based on Article 7(1)(b) of the Regulation on the Community trade mark;










—


order OHIM and, if appropriate, the intervener, to pay the costs incurred in these proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: CAIXA D'ESTALVIS I PENSIONS DE BARCELONA

Community trade mark concerned: Figurative mark which contents the verbal element ‘la Caixa’ (Application No 4 685 145) for goods and services in classes 9, 16, 36, 38 and 45.

Proprietor of the mark or sign cited in the opposition proceedings: CAIXA GERAL DE DEPOSITOS S.A.

Mark or sign cited in opposition: Various Portuguese word marks which contain the prefix ‘caixa’ (Nos 357 311, 261 198, 268 466, 302 708, 303 290, 325 155, 325 156, 325 224, 330 542 and 342 311) for goods and services in classes 9, 16 and 36, and Portuguese figurative mark (No 357 310) which contains the word ‘caixa’ for goods and services in classes 9, 16 and 36.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Appeal allowed and contested decision annulled.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 on the Community trade mark and, alternatively, Article 7(1)(b) thereof.
2009/507/EC,Euratom: Council Decision of 30 June 2009 appointing a new member of the Commission of the European Communities
Date: 2009-06-30
Institutions: Council of the European Union
Subjects: European Commission, European Community, appointment of members








L_2009172EN.01003401.xml










2.7.2009   


EN


Official Journal of the European Union


L 172/34








            COUNCIL DECISION
         
of 30 June 2009
         
appointing a new member of the Commission of the European Communities
(2009/507/EC, Euratom)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,

Whereas:

In a letter dated 25 June 2009, Ms Dalia GRYBAUSKAITĖ resigned from her post as a member of the Commission. She should be replaced for the remainder of her term of office,

HAS ADOPTED THIS DECISION:



Article 1
Mr Algirdas Gediminas ŠEMETA is hereby appointed a member of the Commission for the period from 1 July 2009 to 31 October 2009.


Article 2
This Decision shall take effect on 1 July 2009.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 30 June 2009.


For the Council


The President

J. KOHOUT
Case C-490/08: Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium. (Failure of Member State to fulfil its obligations — Directive 2005/68/EC — Reinsurance — Failure to adopt within the prescribed period)
Date: 2009-06-30
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, disclosure of information, limitation of legal proceedings, reinsurance








C_2009205EN.01001103.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/11





Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium.
(Case C-490/08) (1)

(Failure of Member State to fulfil its obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period)
2009/C 205/20
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent, acting as Agent)

Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)

Re:

Failure of Member State to fulfil its obligations — Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p. 1)

Operative part of the judgment

The Court:






1.


Declares that by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC or, in any event, by not communicating those measures to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 6, 10.01.2009.
Case T-464/04: Order of the Court of First Instance of 30 June 2009 — Impala v Commission (Competition — Concentration — Sony BMG joint venture — Action becoming devoid of purpose — No need to adjudicate)
Date: 2009-06-30
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Internet, distributive trades, dominant position, economic concentration, music, ordinance, patents licence, restrictive-practice authorisation








C_2009205EN.01003703.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/37





Order of the Court of First Instance of 30 June 2009 — Impala v Commission
(Case T-464/04) (1)

(Competition - Concentration - Sony BMG joint venture - Action becoming devoid of purpose - No need to adjudicate)
2009/C 205/69
Language of the case: English

Parties


Applicant: Independent Music Publishers and Labels Association (Impala, international association) (Brussels, Belgium) (represented by: S. Crosby and J. Golding, Solicitors, and I. Wekstein-Steg, lawyer)

Defendant: Commission of the European Communities (represented by: X. Lewis and K. Mojzesowicz, Agents)

Interveners in support of the defendant: Bertelsmann AG (Gütersloh, Germany) (represented by: P. Chappatte and J. Boyce, Solicitors); Sony BMG Music Entertainment BV (Vianen, Netherlands); and Sony Corporation of America (NewYork, New York, United States) (represented by N. Levy, Barrister, and by R. Snelders and T. Graf, lawyers)

Re:

Application for annulment of Commission Decision 2005/188/EC of 19 July 2004 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.3333 — Sony/BMG) (OJ 2005 L 62, p. 30).

Operative part of the order







1.


There is no longer any need to adjudicate on the present action.










2.


Each party is to bear its own costs, both before the Court of First Instance and before the Court of Justice.






(1)  OJ C 6, 8.1.2005.
Case T-435/05: Judgment of the Court of First Instance of 30 June 2009 — Danjaq v OHIM — Mission Productions (Dr. No) (Community trade mark — Application for Community word mark Dr. No — Opposition by the proprietor of the non-registered word marks and signs Dr. No and Dr. NO — Failure to satisfy the requirement for earlier marks — Lack of a distinctive sign used in the course of trade — Article 8(1)(a) and (b), (2)(c) and (4) of Regulation (EC) No 40/94 (now Article 8(1)(a) and (b), (2)(c) and (4) of Regulation (EC) No 207/2009) — Obligation to state reasons — Article 73 of Regulation No 40/94 (now Article 75 of Regulation (EC) No 207/2009))
Date: 2009-06-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), film industry, publishing, toy industry, trade-mark law








C_2009193EN.01001602.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/16





Judgment of the Court of First Instance of 30 June 2009 — Danjaq v OHIM — Mission Productions (Dr. No)
(Case T-435/05) (1)

(Community trade mark - Application for Community word mark Dr. No - Opposition by the proprietor of the non-registered word marks and signs Dr. No and Dr. NO - Failure to satisfy the requirement for earlier marks - Lack of a distinctive sign used in the course of trade - Article 8(1)(a) and (b), (2)(c) and (4) of Regulation (EC) No 40/94 (now Article 8(1)(a) and (b), (2)(c) and (4) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation (EC) No 207/2009))
2009/C 193/22
Language of the case: English

Parties


Applicant: Danjaq LLC (Santa Monica, California, United States) (represented by: G. Hobbs QC, G. Hollingworth, Barrister, S. Skrein and L. Berg, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Mission Productions Gesellschaft für Film-, Fernseh- und Veranstaltungsproduktion mbH (Munich, Germany) (represented by: K. Lewinsky, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 September 2005 (Case R 1118/2004-1) relating to opposition proceedings between Danjaq LLC and Mission Productions Gesellschaft für Film-, Fernseh- und Veranstaltungsproduktion mbH

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Danjaq LLC to pay the costs.






(1)  OJ C 60, 11.3.2006.