do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5760 — Lotte Group/Artenius UK Limited) Text with EEA relevance
Date: 2010-02-19
Institutions: European Commission
Subjects: chemical product, chemical salt, economic concentration, exchange of information, marketing, merger control, organic acid, petroleum product








C_2010042EN.01000201.xml










19.2.2010   


EN


Official Journal of the European Union


C 42/2





Prior notification of a concentration
(Case COMP/M.5760 — Lotte Group/Artenius UK Limited)
(Text with EEA relevance)
2010/C 42/02






1.


On 12 February 2010, 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 Lotte Chemical UK Limited, a special purpose vehicle owned by KP Chemical Corporation (part of the Lotte Group, Korea), will acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of Artenius UK Limited (in administration) by way of purchase of assets from Artenius UK Limited acting through its administrators.










2.


The business activities of the undertakings concerned are:






—


for Artenius UK Limited: manufacture and sale of Purified Terephthalic Acid (PTA) and Polyethylene Terephthalate (PET) resin,










—


for KP Chemical Corporation: manufacture and sale of petrochemicals.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5760 — Lotte Group/Artenius UK Limited, 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 (the ‘EC Merger Regulation’).
Case T-70/10: Action brought on 19 February 2010 — Feralpi Holding SpA v European Commission
Date: 2010-02-19
Institutions: General Court
Subjects: European Commission, action for annulment (EU), iron and steel industry, iron and steel product








C_2010100EN.01006102.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/61





Action brought on 19 February 2010 — Feralpi Holding SpA v European Commission
(Case T-70/10)
2010/C 100/91
Language of the case: Italian

Parties


Applicant: Feralpi Holding SpA (Brescia, Italy) (represented by: G. Roberti, avvocato, I. Perego, avvocato)

Defendant: European Commission

Form of order sought







—


Annulment of the contested decision.










—


Annulment or reduction of the fine imposed by the contested decision.










—


An order that the defendant pay the costs.





Pleas in law and main arguments

Feralpi Holding raises the following pleas in law:






—


Breach of the principle of collegiality, in so far as the Commission did not submit to the College of Commissioners the full text of the contested decision including all the necessary matters of fact and law.










—


Erroneous selection of legal basis. It must be observed, in that regard, that the Commission could not base the contested decision alleging a breach of Article 65 CS on Regulation 1/2003, (1) once the ECSC Treaty ceased to be in force.










—


Breach of the rights of the defence. It is observed on this point that the Commission did not send Feralpi Holding a statement of objections and did not place in a position it to exercise its rights of defence. Moreover, the Commission imposed inappropriate terms on Feralpi Holding and obstructed its right of access.










—


Breach of the criteria for imputation of the infringement. According to the applicant, the Commission erroneously imputed the infringement to Feralpi Holding, without taking account of changes to the structure of the company made subsequently.










—


It is argued, further, that in not taking account of the interchangeability of reinforcing bars and other manufactured articles in the steel industry, such as beams and wire mesh, the Commission erroneously defined the relevant market and denied the Community dimension of the relevant geographical market without reason.










—


It is also pointed out that the Commission classified the conduct analysed in the decision as a single, complex and continuing infringement of Community competition rules, alleging that Feralpi Holding participated in that infringement, thus breaching Article 65 CS and making an error in the assessment of the facts.




Finally, the applicant states that the defendant erroneously fixed the amount of the fine.


(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).
Case T-78/10: Action brought on 19 February 2010 — Lehning Entreprise v OHIM — Certmedica International (L112)
Date: 2010-02-19
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), concentrated product, pharmaceutical product, trade-mark law








C_2010113EN.01005501.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/55





Action brought on 19 February 2010 — Lehning Entreprise v OHIM — Certmedica International (L112)
(Case T-78/10)
2010/C 113/86
Language in which the application was lodged: French

Parties


Applicant: Lehning Entreprise (Sainte-Barbe, France) (represented by: P. Demoly, lawyer)

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

Other party to the proceedings before the Board of Appeal: Certmedica International GmbH (Aschaffenburg, Germany)

Form of order sought







—


In view of the similarity between the signs and the goods at issue, there is a likelihood of confusion between the marks L.114 and L112 at issue in respect of all the goods in Class 5 covered by their registrations. Consequently, the applicant claims that the Court should annul the contested decision in so far as it dismissed the application of Lehning Entreprise for a declaration of invalidity in respect of the following goods: ‘Sanitary preparations’ and ‘Dietetic foodstuffs concentrates with a shellfish base (including chitosan)’, and should uphold the remainder of the decision.










—


Lastly, and having regard to the circumstances of the case, it would be particularly inequitable for the applicant to bear the non-recoverable costs which it has had to incur in these proceedings that are manifestly unjustified. It therefore claims that the Court should order Certmedica International GmbH to pay it the costs incurred in the proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark ‘L112’ for goods in Classes 5 and 29 (Community trade mark No 2 349 728)

Proprietor of the Community trade mark: Certmedica International GmbH

Applicant for the declaration of invalidity: Lehning Entreprise

Trade mark right of applicant for the declaration: the national mark ‘L.114’ registered in France for goods in Class 5 (No 1 312 700)

Decision of the Cancellation Division: application granted for a declaration of invalidity of the trade mark concerned for the goods in Class 5 in part

Decision of the Board of Appeal: appeal of Certmedica International upheld in part

Pleas in law: Infringement of Articles 8, 52 and 53 of Council Regulation (EC) No 207/2009 on the Community trade mark, since there is a likelihood of confusion between the marks at issue in relation to the goods ‘Sanitary preparations’ and ‘Dietetic foodstuffs concentrates with a shellfish base (including chitosan)’
Euro exchange rates
Date: 2010-02-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2010042EN.01000101.xml










19.2.2010   


EN


Official Journal of the European Union


C 42/1





Euro exchange rates (1)

18 February 2010
2010/C 42/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3567




JPY


Japanese yen


123,30




DKK


Danish krone


7,4432




GBP


Pound sterling


0,87040




SEK


Swedish krona


9,7913




CHF


Swiss franc


1,4651




ISK


Iceland króna


 




NOK


Norwegian krone


8,0680




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,720




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


271,18




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7090




PLN


Polish zloty


4,0008




RON


Romanian leu


4,1351




TRY


Turkish lira


2,0633




AUD


Australian dollar


1,5115




CAD


Canadian dollar


1,4177




HKD


Hong Kong dollar


10,5364




NZD


New Zealand dollar


1,9358




SGD


Singapore dollar


1,9102




KRW


South Korean won


1 560,70




ZAR


South African rand


10,3581




CNY


Chinese yuan renminbi


9,2703




HRK


Croatian kuna


7,2890




IDR


Indonesian rupiah


12 638,17




MYR


Malaysian ringgit


4,6138




PHP


Philippine peso


62,641




RUB


Russian rouble


40,8190




THB


Thai baht


45,009




BRL


Brazilian real


2,4886




MXN


Mexican peso


17,4548




INR


Indian rupee


62,7810






(1)  Source: reference exchange rate published by the ECB.