do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5970 — CA Immo/Europolis) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-11-23
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment, merger control, property market








C_2010318EN.01000901.xml










23.11.2010   


EN


Official Journal of the European Union


C 318/9





Prior notification of a concentration
(Case COMP/M.5970 — CA Immo/Europolis)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 318/08






1.


On 15 November 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 CA Immobilien Anlagen AG (‘CA Immo’, Austria) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Europolis AG (‘Europolis’, Austria) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CA Immo: real estate investment, real estate development, asset management and property management in a number of European countries,










—


for Europolis: real estate investment, real estate development and asset management in a number of European countries.














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.5970 — CA Immo/Europolis, 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’).
Commission communication on the body authorised to issue certificates of authenticity under Regulation (EC) No 620/2009
Date: 2010-11-23
Institutions: European Commission
Subjects: beef, certificate of origin, competence of the institution, disclosure of information, import, product quality, tariff quota








C_2010318EN.01000201.xml










23.11.2010   


EN


Official Journal of the European Union


C 318/2





Commission communication on the body authorised to issue certificates of authenticity under Regulation (EC) No 620/2009
2010/C 318/02
By Council Regulation (EC) No 617/2009 of 13 July 2009, published in 
Official Journal of the European Union L 182 of 15 July 2009, an import tariff quota for high quality beef has been opened.
Under Article 7 of Commission Regulation (EC) No 620/2009 of 13 July 2009, the release for free circulation of the goods imported under that quota is conditional upon presentation of a certificate of authenticity.
The following authority is authorised to issue certificates of authenticity under this Regulation.





Canadian Food Inspection Agency (CFIA)




1400 Merivale Road




Ottawa, Ontario




K1A 0Y9




CANADA




E-mail: Bertrand.st-arnaud@inspection.gc.ca




Internet: http//www.inspection.gc.ca
Case T-536/10: Action brought on 23 November 2010 — Kessel v OHIM — Janssen-Cilag (Premeno)
Date: 2010-11-23
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building materials, trade-mark law








C_2011030EN.01004601.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/46





Action brought on 23 November 2010 — Kessel v OHIM — Janssen-Cilag (Premeno)
(Case T-536/10)
()
2011/C 30/83
Language in which the application was lodged: German

Parties


Applicant: Kessel Marketing & Vertriebs GmbH (Mörfelden-Walldorf, Germany) (represented by: S. Bund, 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: Janssen-Cilag GmbH (Neuss, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2010 in Case R 708/2010-4;










—


Order the defendant and the intervener, in accordance with Article 87(2) and (5) of the Rules of Procedure of the General Court, to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Premeno’ for goods in Class 5

Proprietor of the mark or sign cited in the opposition proceedings: Janssen-Cilag GmbH

Mark or sign cited in opposition: the German word mark ‘Pramino’ for goods in Class 5

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Infringement of Article 42(2) and (3) of Regulation (EC) No 207/2009 (1), as there is insufficient proof of use of the opposing trade mark and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 as there is no likelihood of confusion of the marks at issue.
The applicant also submits that the restriction of the list of goods and services is admissible.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case F-65/09: Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Marcuccio v Commission (Civil service — Officials — Social security — Sickness insurance — Serious illness — Objection of illegality concerning the criteria adopted by the medical council — Rejection of claims for reimbursement of medical expenses)
Date: 2010-11-23
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, damages, health care, redemption








C_2011030EN.01006002.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/60





Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Marcuccio v Commission
(Case F-65/09) (1)

(Civil service - Officials - Social security - Sickness insurance - Serious illness - Objection of illegality concerning the criteria adopted by the medical council - Rejection of claims for reimbursement of medical expenses)
2011/C 30/114
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the decision refusing 100 % reimbursement of the applicant’s medical expenses.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action.










2.


Orders Mr Marcuccio to pay the costs in their entirety.






(1)  OJ C 220, 12.9.2009, p. 43.
Prior notification of a concentration (Case COMP/M.6027 — Ericsson/Nortel Group (MSS & Global Services))  Text with EEA relevance
Date: 2010-11-23
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, telecommunications industry








C_2010318EN.01001001.xml










23.11.2010   


EN


Official Journal of the European Union


C 318/10





Prior notification of a concentration
(Case COMP/M.6027 — Ericsson/Nortel Group (MSS & Global Services))
(Text with EEA relevance)
2010/C 318/09






1.


On 15 November 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 Telefonaktiebolaget LM Ericsson (‘Ericsson’, Sweden), the parent company of the Ericsson Group, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over all the assets of the Multi-Service Switching business (the ‘Nortel MSS Business’) of Nortel Networks Corporation (‘Nortel’, Canada) and certain of its subsidiaries, by way of asset purchase.










2.


The business activities of the undertakings concerned are:






—


for Ericsson: provider of telecommunication equipment and related services to mobile and fixed network operators serving customers in over 175 countries. It comprises four main business units: Networks; Global Services; Multimedia; and CDMA and GSM Businesses,










—


for the Nortel MSS Business: manufacture and sale of MSS switches to service providers delivering in real-time a variety of data and voice services. The MSS Business also provides certain associated services such as maintenance and support services.














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.6027 — Ericsson/Nortel Group (MSS & Global Services), 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’).
Prior notification of a concentration (Case COMP/M.6030 — Bollore/CMA CGM/Terminal du Grand Ouest) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-11-23
Institutions: European Commission
Subjects: container, economic concentration, exchange of information, maritime transport, merger control, pulp and paper industry, tourism








C_2010318EN.01001301.xml










23.11.2010   


EN


Official Journal of the European Union


C 318/13





Prior notification of a concentration
(Case COMP/M.6030 — Bollore/CMA CGM/Terminal du Grand Ouest)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 318/12






1.


On 12 November 2010, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the CMA-CGM group (‘CMA-CGM’, France) and the Bolloré group (‘Bolloré’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Terminal du Grand Ouest (‘TGO’) located at Montoir de Bretagne (Port de Saint Nazaire) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


CMA-CGM: container shipping, logistics and tourism,










—


Bolloré: manufacture of paper and plastic films, ticketing terminals, communications, media, plantations and logistics,










—


TGO: operation of a terminal for miscellaneous goods and containers.














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.6030 — Bollore/CMA CGM/Terminal du Grand Ouest, 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 F-50/08: Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Bartha v Commission (Civil service — Officials — Open competition — Failure to include the applicant on the reserve list — Balanced representation of women and men on competition selection boards)
Date: 2010-11-23
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), appointment of staff, competition (EU), recruitment, servant (EU)








C_2011030EN.01005803.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/58





Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Bartha v Commission
(Case F-50/08) (1)

(Civil service - Officials - Open competition - Failure to include the applicant on the reserve list - Balanced representation of women and men on competition selection boards)
2011/C 30/109
Language of the case: Hungarian

Parties


Applicant: Gábor Bartha (Brussels, Belgium) (represented by: P. Homoki, lawyer)

Defendant: Commission (represented by: J. Currall, V. Bottka and A. Sipos, Agents)

Re:

Annulment of EPSO’s decision not to include the applicant on the reserve list for competition EPSO/AD/56/06.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision 23 January 2008, by which the selection board of competition EPSO/AD/56/06 dismissed Mr Bartha’s application for reconsideration of the decision of that selection board rejecting the applicant's candidature;










2.


Dismisses the remainder of the application;










3.


Orders the European Commission to bear all of the costs.






(1)  OJ C 209, 15.8.2008, p. 73.
Prior notification of a concentration (Case COMP/M.6034 — Nordic Capital/Saferoad/ViaCon) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-11-23
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment, merger control, transport infrastructure








C_2010318EN.01001101.xml










23.11.2010   


EN


Official Journal of the European Union


C 318/11





Prior notification of a concentration
(Case COMP/M.6034 — Nordic Capital/Saferoad/ViaCon)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 318/10






1.


On 12 November 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 Saferoad SA (‘Saferoad’, Norway) controlled by Nordic Capital Fund VII (‘Nordic Capital’, Jersey) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking ViaCon Holding AB (‘ViaCon’, Sweden) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Nordic Capital: private equity investments in large and medium-sized companies,










—


for Saferoad: manufacturer and distributor of products and solutions for traffic safety,










—


for ViaCon: manufacturer and distributor of products used in road and railways construction works.














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.6034 — Nordic Capital/Saferoad/ViaCon, 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’).
Non-opposition to a notified concentration (Case COMP/M.5989 — HC/Naturgas)  Text with EEA relevance
Date: 2010-11-23
Institutions: European Commission
Subjects: economic concentration, electricity supply, energy distribution, exchange of information, gas supply, merger control, renewable energy








C_2010318EN.01000101.xml










23.11.2010   


EN


Official Journal of the European Union


C 318/1





Non-opposition to a notified concentration
(Case COMP/M.5989 — HC/Naturgas)
(Text with EEA relevance)
2010/C 318/01
On 17 November 2010, 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 Spanish language 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 32010M5989. EUR-Lex is the on-line access to the European law.
Case F-8/10: Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Gheysens v Council (Public service — Auxiliary contract staff — Nonrenewal of contract — Duty to state reasons)
Date: 2010-11-23
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, action for annulment, servant (EU), work contract








C_2011030EN.01006301.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/63





Judgment of the Civil Service Tribunal (First Chamber) of 23 November 2010 — Gheysens v Council
(Case F-8/10) (1)

(Public service - Auxiliary contract staff - Nonrenewal of contract - Duty to state reasons)
2011/C 30/122
Language of the case: French

Parties


Applicant: Johan Gheysens (Malines, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N Louis and É. Marchal, lawyers)

Defendant: Council of the European Union (represented by: M. Balta and K. Zieleśkiewicz, Agents)

Re:

Application for annulment of the Council’s decision not to extend the applicant’s contract and, consequently, to terminate his employment relationship with the Council.

Operative part of the judgment

The Tribunal:






1.


Dismisses Mr Gheysens’ action;










2.


Orders Mr Gheysens to pay all the costs.






(1)  OJ C 100, 17.4.2010, p. 69.
EU-Government of the Faroes scientific and technological agreement *** European Parliament legislative resolution of 23 November 2010 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Faroes on scientific and technological cooperation, associating the Faroe Islands to the Union's Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) (11365/2010 – C7-0184/2010 – 2009/0160(NLE))
Date: 2010-11-23
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: Faroes, Framework Programme for Research and Development, cooperation agreement (EU), scientific cooperation, signature of an agreement, technical cooperation, technology








CE2012099EN.01014901.xml










3.4.2012   


EN


Official Journal of the European Union


CE 99/149





Tuesday 23 November 2010EU-Government of the Faroes scientific and technological agreement ***
P7_TA(2010)0413
European Parliament legislative resolution of 23 November 2010 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Faroes on scientific and technological cooperation, associating the Faroe Islands to the Union's Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) (11365/2010 – C7-0184/2010 – 2009/0160(NLE))
2012/C 99 E/36
(Consent)

The European Parliament,






—


having regard to the draft Council decision (11365/2010),










—


having regard to the draft agreement between the European Union and the Government of the Faroes on scientific and technological cooperation, associating the Faroe Islands to the Union's Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) (05475/2010),










—


having regard to the request for consent submitted by the Council in accordance with Article 186 and Article 218(6), second subparagraph, point (a), point (v), of the Treaty on the Functioning of the European Union (C7-0184/2010),










—


having regard to Rules 81, 90(8) and 46(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Industry, Research and Energy (A7-0303/2010),










1.


Consents to the conclusion of the agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Faroes.