do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5843 — Eli Lilly/Certain Animal Health Assets of Pfizer) — Candidate case for simplified procedure Text with EEA relevance
Date: 2010-04-27
Institutions: European Commission
Subjects: economic concentration, exchange of information, medicinal product, merger control, pharmaceutical industry, veterinary drug








C_2010107EN.01001401.xml










27.4.2010   


EN


Official Journal of the European Union


C 107/14





Prior notification of a concentration
(Case COMP/M.5843 — Eli Lilly/Certain Animal Health Assets of Pfizer)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 107/07






1.


On 19 April 2010 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 which the undertaking Elanco Animal Health Ireland Limited (EU), controlled by Eli Lilly & Co (USA), acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of parts of the undertaking Pfizer Inc (USA) by way of a purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for Eli Lilly and Co: research based, global pharmaceutical company engaged in the discovery, development, manufacture and sale of a range of pharmaceutical products for humans and animals,










—


Pfizer Assets: rights to animal health products in the areas of multivalent feline vaccines, equine influenza and tetanus vaccines, swine mycoplasma hyopneumoniae vaccines, parasiticides for companion and production animals, and oral rehydration salts and to a tetracycline spray.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5843 — Eli Lilly/Certain Animal Health Assets of Pfizer, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Prior notification of a concentration (Case COMP/M.5786 — Française des Jeux/Groupe Lucien Barrière/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2010-04-27
Institutions: European Commission
Subjects: Internet, automatic game, economic concentration, exchange of information, game of chance, gaming establishment, hotel industry, merger control








C_2010107EN.01001601.xml










27.4.2010   


EN


Official Journal of the European Union


C 107/16





Prior notification of a concentration
(Case COMP/M.5786 — Française des Jeux/Groupe Lucien Barrière/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 107/09






1.


On 19 April 2010 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Française des Jeux FDJ (‘FDJ’, France) and the Groupe Lucien Barrière (‘GLB’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Newco (‘Newco’, France) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


FDJ: a long-standing company providing gaming and sports betting services in France,










—


GLB: jointly owned by Accor and the Barrière-Desseigne family, GLB is involved in the management of casinos, hotels and spa treatment centres, catering, and the management of golf courses and event solutions, mainly in France. GLB also organises an online poker game in Malta and the United Kingdom,










—


Newco: a joint venture responsible for designing and operating an online poker internet site in France following the liberalisation of the French market in internet games of chance and gambling. Newco will also sell online poker games and multimedia software aimed at creating platforms to make the games accessible to surfers.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5786 — Française des Jeux/Groupe Lucien Barrière/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 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-197/10: Action brought on 27 April 2010 — BVR v OHIM — Austria Leasing (Austria Leasing Gesellschaft m.b.H. Mitglied der Raiffeisen-Bankengruppen Österreich)
Date: 2010-04-27
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), financial services, trade-mark law








C_2010179EN.01004701.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/47






Action brought on 27 April 2010 — BVR v OHIM — Austria Leasing (Austria Leasing Gesellschaft m.b.H. Mitglied der Raiffeisen-Bankengruppen Österreich)
(Case T-197/10)
(2010/C 179/82)
Language in which the application was lodged: German

Parties


Applicant: Bundesverband der Deutschen Volksbanken und Raiffeisenbanken eV (BVR) (Berlin, Germany) (represented by: I. Rinke, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Austria Leasing GmbH (Frankfurt, Germany)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 February 2010 (Case R 248/2009-1);










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Austria Leasing GmbH.

Community trade mark concerned: Figurative mark containing the word elements ‘Austria Leasing Gesellschaft m.b.H. Mitglied der Raiffeisen-Bankengruppen Österreich’, in respect of services in Classes 35, 36 and 37.

Proprietor of the mark or sign cited in the opposition proceedings: BVR.

Mark or sign cited in opposition: inter alia, a figurative mark registered in Germany which contains the word element ‘Raiffeisen’, in respect of services in Classes 36, 39 and 42.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) as there is a likelihood of confusion between the marks at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
2010/235/: Commission Decision of 27 April 2010 repealing Decision 2009/780/EC fixing the net amounts resulting from the application of voluntary modulation in Portugal for calendar years 2010, 2011 and 2012 (notified under document C(2010) 2516)
Date: 2010-04-27
Institutions: European Commission
Subjects: Portugal, aid system, aid to agriculture, common agricultural policy, rural development








L_2010106EN.01001201.xml










28.4.2010   


EN


Official Journal of the European Union


L 106/12








            COMMISSION DECISION
         
of 27 April 2010
         
repealing Decision 2009/780/EC fixing the net amounts resulting from the application of voluntary modulation in Portugal for calendar years 2010, 2011 and 2012
(notified under document C(2010) 2516)
(Only the Portuguese text is authentic)
(2010/235/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulation (EC) No 1290/2005 (1), and in particular Article 4(1) thereof,

Whereas:







(1)


Commission Decision 2009/780/EC (2) has fixed the net amounts resulting from the application of voluntary modulation in Portugal for calendar years 2010, 2011 and 2012.












(2)


Since the difficulties to its agricultural sector provoked by the economic crisis persist with a continuing negative impact on the economic situation of farmers, Portugal has communicated to the Commission that it has decided not to apply the voluntary modulation at all.












(3)


Decision 2009/780/EC should therefore be repealed,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2009/780/EC is hereby repealed.


Article 2
This Decision is addressed to the Portuguese Republic.




Done at Brussels, 27 April 2010.


For the Commission

Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 95, 5.4.2007, p. 1.

(2)  
            OJ L 278, 23.10.2009, p. 59.