do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5730 — Telefónica/Hansenet Telekommunikation) Text with EEA relevance
Date: 2009-12-24
Institutions: European Commission
Subjects: Internet, economic concentration, exchange of information, merger control, mobile phone, telephone








C_2009320EN.01002401.xml










24.12.2009   


EN


Official Journal of the European Union


C 320/24





Prior notification of a concentration
(Case COMP/M.5730 — Telefónica/Hansenet Telekommunikation)
(Text with EEA relevance)
2009/C 320/11






1.


On 16 December 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 Telefónica Deutschland GmbH (‘Telefónica’ Germany), controlled by Telefónica S.A. (Spain), acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertaking Hansenet Telekommunikation GmbH (‘Hansenet’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Telefónica: fixed and mobile telephony services, electronic communication services,










—


for Hansenet: broadband internet access and various telecommunications services.














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.










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 22964301 or 22967244) or by post, under reference number COMP/M.5730 — Telefónica/Hansenet Telekommunikation, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates
Date: 2009-12-24
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate








C_2009320EN.01000501.xml










24.12.2009   


EN


Official Journal of the European Union


C 320/5





Euro exchange rates (1)

23 December 2009
2009/C 320/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4276




JPY


Japanese yen


130,95




DKK


Danish krone


7,4433




GBP


Pound sterling


0,89470




SEK


Swedish krona


10,4511




CHF


Swiss franc


1,4895




ISK


Iceland króna


 




NOK


Norwegian krone


8,3525




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,403




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


273,70




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7082




PLN


Polish zloty


4,1723




RON


Romanian leu


4,1937




TRY


Turkish lira


2,1784




AUD


Australian dollar


1,6270




CAD


Canadian dollar


1,4983




HKD


Hong Kong dollar


11,0698




NZD


New Zealand dollar


2,0345




SGD


Singapore dollar


2,0142




KRW


South Korean won


1 689,95




ZAR


South African rand


10,8969




CNY


Chinese yuan renminbi


9,7482




HRK


Croatian kuna


7,2940




IDR


Indonesian rupiah


13 574,46




MYR


Malaysian ringgit


4,9074




PHP


Philippine peso


66,403




RUB


Russian rouble


43,1707




THB


Thai baht


47,603




BRL


Brazilian real


2,5370




MXN


Mexican peso


18,3732




INR


Indian rupee


66,8470






(1)  Source: reference exchange rate published by the ECB.
Case T-520/09: Action brought on 24 December 2009 — TF1 and Others v Commission
Date: 2009-12-24
Institutions: General Court
Subjects: France, State aid, action for annulment (EU), control of State aid, financial aid, television








C_2010080EN.01003001.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/30





Action brought on 24 December 2009 — TF1 and Others v Commission
(Case T-520/09)
2010/C 80/51
Language of the case: French

Parties


Applicants: Télévision française 1 (TF1) (Boulogne Billancourt, France), Métropole télévision (M6) (Neuilly-sur-Seine, France), Canal + SA (Issy-Les-Moulineaux, France) (represented by: J.-P. Hordies and C. Smits, lawyers)

Defendant: European Commission

Form of order sought







—


Annul the decision of the European Commission of 1 September 2009 in State Aid Case C 27/09 (ex N 34/A/09 and N 34/B/09) — Budgetary grant in favour of France Télévisions (2010-2012) in so far as it decides to deem the budgetary grant notified of EUR 450 million for 2009, in favour of France Télévisions, compatible with the EC Treaty under Article 86(2) thereof;










—


Order the Commission to open the formal investigation procedure into the aid, laid down in Article 108(2) TFEU;










—


Order the Commission to pay all the costs of the case.





Pleas in law and main arguments

The present action seeks the annulment of Decision C(2009) 6693 final of 1 September 2009, issued by the Commission following the procedure laid down in Article 88(3) EC (now Article 108 TFEU), by which the Commission deemed a budgetary grant, of a maximum amount of EUR 450 million for 2009 in favour of France Télévisions, compatible with the common market. The applicants request, against that background, that the formal investigation procedure be opened in accordance with Article 108(2) TFEU.
In support of their claim, the applicants put forward a single plea alleging that there were serious difficulties in the face of which the Commission was required to open the formal investigation procedure laid down in Article 88(2) EC (now Article 108(2) TFEU) and to invite interested parties to make observations.
The applicants assert that there were indications of serious difficulties resulting, on the one hand, from the circumstances of the preliminary investigation procedure and, on the other, from the content of the contested decision.
The excessive duration of the preliminary investigation procedure, the conduct of the procedure and the amount of the disputed funding are such as to show that there are serious difficulties concerning the circumstances of the preliminary investigation procedure.
The existence of indications of serious difficulties concerning the content of the contested decision is based on two factors. Firstly, it arises from the insufficient level of information, or even incorrect information, held by the Commission at the time of adoption of the contested decision and, secondly, from the fact that it was impossible for the Commission to conclude that the aid was compatible without an in-depth analysis, having regard to the structural concerns of over-compensation in the present case.
Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2009-12-24
Institutions: Netherlands
Subjects: Netherlands, energy site, energy supply, exploitation of resources, hydrocarbon, management of resources, security of supply








C_2009320EN.01002301.xml










24.12.2009   


EN


Official Journal of the European Union


C 320/23





Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
2009/C 320/10
The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in an area known as Terschelling-West.
The area covered by the application is in the province of Friesland and in territorial waters and is bounded by the straight lines joining the following vertices:







Vertex


X


Y




1


139 725,00


600 837,00




2


145 445,00


598 067,00




3


142 573,00


595 291,00




4


140 264,00


595 686,00




5


137 803,00


598 952,00




The above-mentioned vertices are defined by their geographical coordinates, calculated according to the National Triangulation System (RD, Rijks Driehoeksmeting).
On the basis of this description of the area, the surface area is 23,22 km2.
With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in the area bounded by the above-mentioned vertices and coordinates.
The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the above-mentioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:





De minister van Economische Zaken




ter attentie van J. C. De Groot, directeur Energiemarkt




ALP A/562




Bezuidenhoutseweg 30




Postbus 20101




2500 EC Den Haag




NEDERLAND




Applications received after the expiry of this period will not be considered.
A decision on the applications will be taken not later than 12 months after this period has expired.
Further information can be obtained by calling Mr E. J. Hoppel on the following telephone number: +31 703797088.
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: 2009-12-24
Institutions: European Commission
Subjects: Netherlands, State aid, control of State aid, exchange of information, regional development








C_2009320EN.01000401.xml










24.12.2009   


EN


Official Journal of the European Union


C 320/4





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)
2009/C 320/02






Date of adoption of the decision


19.11.2009




Reference number of State Aid


NN 43/09




Member State


Netherlands




Region


Groningen




Title (and/or name of the beneficiary)


Maatregelen ten gunste van Groningen Aiport NV




Legal basis


Overeenkomst beëindiging subsidierelatie Staat/GAE
Overeenkomst inzake baanverlenging en waarde luchthaven terreinen GAE




Type of measure


Individual aid




Objective


Regional development




Form of aid


Direct grant




Budget


Overall budget: EUR 21,32 million




Intensity


100 %




Duration (period)


—




Economic sectors


Transport




Name and address of the granting authority







Ministerie van Verkeer en Waterstaat




Plesmanweg 1-6




2597 JG Den Haag Postbus 20 904 — 2500 EX Den Haag




NEDERLAND








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/state_aids_texts_en.htm
Prior notification of a concentration (Case COMP/M.5661 — Abbott/Solvay Pharmaceuticals) Text with EEA relevance
Date: 2009-12-24
Institutions: European Commission
Subjects: economic concentration, exchange of information, health care profession, medical diagnosis, merger control, pharmaceutical industry








C_2009320EN.01002501.xml










24.12.2009   


EN


Official Journal of the European Union


C 320/25





Prior notification of a concentration
(Case COMP/M.5661 — Abbott/Solvay Pharmaceuticals)
(Text with EEA relevance)
2009/C 320/12






1.


On 15 December 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 Abbott, USA acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of Solvay Pharmaceuticals, Belgium, by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for Abbott: A global health care company active in pharmaceutical, nutritional and diagnostic products and medical devices,










—


for Solvay Pharmaceuticals: Active in pharmaceutical products and, via its subsidiary Innogenetics N.V., in the diagnostics field.














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.










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 22964301 or 22967244) or by post, under reference number COMP/M.5661 — Abbott/Solvay Pharmaceuticals, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Case C-552/09 P: Appeal brought on 24 December 2009 by Ferrero SpA against the judgment of the Court of First Instance (Second Chamber) delivered on 14 October 2009 in Case T-140/08: Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Tirol Milch reg.Gen.mbH Innsbruck
Date: 2009-12-24
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, General Court (EU), action for annulment (EU), interpretation of the law, trade-mark law








C_2010080EN.01001102.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/11





Appeal brought on 24 December 2009 by Ferrero SpA against the judgment of the Court of First Instance (Second Chamber) delivered on 14 October 2009 in Case T-140/08: Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Tirol Milch reg.Gen.mbH Innsbruck
(Case C-552/09 P)
2010/C 80/19
Language of the case: English

Parties


Appellant: Ferrero SpA (represented by: F. Jacobacci, avvocato, C. Gielen and H.M.H. Speyart, advocaten)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Tirol Milch reg.Gen.mbH Innsbruck

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—


uphold Ferrero's application for annulment of the contested decision or, alternatively, refer the case back to the General Court for reconsideration; and










—


order OHIM to bear its own costs and to pay those of Ferrero, both in first instance and on appeal.





Pleas in law and main arguments

The appellant maintains that the contested judgment should be set aside on the following grounds:






—


the Court of First Instance of the European Communities (‘CFI’) violated the system of Article 8 of Regulation No 40/94 (1) in carrying out a single factual assessment of similarity with implications both under Article 8(1)(b) and Article 8(5), even though both provisions have entirely distinct sets of tests;










—


the CFI erred in law in finding that it need not take into account the reputation of the earlier trade marks in finding that the conditions for the applicability of Article 8(1)(b) and (5) were not met;










—


the CFI erred in law or distorted the facts submitted to it in applying erroneous, unfounded and unreasoned rules of evidence in assessing similarity;










—


the CFI erred in law in failing to take into proper account that the earlier trade marks contain verbal trade marks and that the challenged trade mark is figurative; and










—


the CFI erred in law in failing to take into proper account the existence of a family of trade marks.






(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark
OJ L 11, p. 1
Prior notification of a concentration (Case COMP/M.5744 — Toray/TCC/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-12-24
Institutions: European Commission
Subjects: economic concentration, exchange of information, man-made fibre, merger control, petrochemicals, plastics industry, research and development








C_2009320EN.01002201.xml










24.12.2009   


EN


Official Journal of the European Union


C 320/22





Prior notification of a concentration
(Case COMP/M.5744 — Toray/TCC/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 320/09






1.


On 15 December 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Toray Industries Inc. (‘Toray’, Japan) and Tonen Chemical Corporation (‘TCC’, Japan) (controlled by Exxon Mobil Corporation) acquire within the meaning of Article 3(1)(b) of the Regulation joint control of Tonen Specialty Separator Godo Kaisha (‘TKGK’, Japan) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Toray: Fibres and textiles; plastics and films; carbon fibres and carbon fibre composite materials; materials for electronic circuits and semi-conductors; water treatment membranes; and pharmaceutical and life sciences,










—


for TCC: basic petrochemicals as well as petrochemical-based specialty chemicals, including solvents and adhesives,










—


for TKGK: Research, development, manufacture and marketing of separator film for lithium ion (‘li-ion’) batteries.














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 22964301 or 22967244) or by post, under reference number COMP/M.5744 — Toray/TCC/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Case T-524/09: Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)
Date: 2009-12-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010051EN.01004402.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/44





Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)
(Case T-524/09)
2010/C 51/81
Language of the case: English

Parties


Applicant: Meredith Corporation (Des Moines, United States) (represented by: R.N. Furneaux and E.A. Hardcastle, Solicitors)

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

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2009 in case R 517/2009-2, insofar as it rejected the application for the Community trade mark concerned for services in class 36, with the consequence that the application will be allowed for such services;










—


Uphold the claims of the applicant; and










—


Order the defendant to pay the costs of these proceedings in the event it contests them and dismiss its claim.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘BETTER HOMES AND GARDENS’ for goods and services in classes 16, 35 and 36

Decision of the examiner: Partially refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b) and 7(2) of Council Regulation No 207/2009, as the Board of Appeal erred in not applying the correct test for assessing whether a trade mark is devoid of any distinctive character to distinguish the goods and services for which registration is sought.
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-12-24
Institutions: European Commission
Subjects: EU office or agency, Italy, air transport, airline, inland transport, public service, transport regulations








C_2009320EN.01002101.xml










24.12.2009   


EN


Official Journal of the European Union


C 320/21





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2009/C 320/08






Member State


Italy




Concerned routes


Alghero–Rome Fiumicino and return
Alghero–Milan Linate and return
Cagliari–Rome Fiumicino and return
Cagliari–Milan Linate and return
Olbia–Rome Fiumicino and return
Olbia–Milan Linate and return




Date of entry into force of the public service obligations


20th December 2009




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained







Ente Nazionale per l'Aviazione Civile (ENAC)




Direzione Trasporto Aereo




Viale del Castro Pretorio 118




00185 Roma RM




ITALIA




web: http://www.enac.gov.it




E-mail: osp@enac.gov.it