do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6018 — KKR/HgCapital/Archangel)  Text with EEA relevance
Date: 2010-12-15
Institutions: European Commission
Subjects: capital market, economic concentration, exchange of information, information technology industry, merger control








C_2010340EN.01000201.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/2





Non-opposition to a notified concentration
(Case COMP/M.6018 — KKR/HgCapital/Archangel)
(Text with EEA relevance)
2010/C 340/03
On 29 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 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 32010M6018. EUR-Lex is the on-line access to the European law.
Case F-127/10: Action brought on 15 December 2010 — Bömcke v EIB
Date: 2010-12-15
Institutions: Civil Service Tribunal
Subjects: European Investment Bank, action for annulment, damages, workers' representation








C_2011072EN.01003601.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/36





Action brought on 15 December 2010 — Bömcke v EIB
(Case F-127/10)
2011/C 72/58
Language of the case: French

Parties


Applicant: Eberhard Bömcke (Athus, Belgium) (represented by: D. Lagasse, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the election of the EIB staff representative declared by the BEI polling station on 8 December 2010.

Form of order sought







—


Annul the election of the representative of all EIB staff declared by the EIB polling station on 8 December 2010 and the decision of 10 December 2010 of the EIB polling station rejecting the complaint made by the applicant on 9 December 2010 pursuant to Article 17 of Annex IV to the Convention on the Representation of the Staff of the EIB;










—


order the EIB to pay the costs.
Case F-66/09: Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2010 — Saracco v ECB (Civil service — ECB staff — Leave on personal grounds — Maximum duration — Refusal to extend)
Date: 2010-12-15
Institutions: Civil Service Tribunal
Subjects: European Central Bank, action for annulment (EU), unpaid leave








C_2011038EN.01001901.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/19





Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2010 — Saracco v ECB
(Case F-66/09) (1)

(Civil service - ECB staff - Leave on personal grounds - Maximum duration - Refusal to extend)
2011/C 38/35
Language of the case: French

Parties


Applicant: Roberta Saracco (Arona, Italy) (represented by: F. Parrat, lawyer)

Defendant: European Central Bank (ECB) (represented by: F. Malfrère, G. Nuvoli, Agents, and B Wägenbaur, lawyer)

Re:

Annulment of the ECB’s decision refusing to extend the applicant’s leave on personal grounds.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Saracco to pay all the costs.






(1)  OJ C 205, 29.8.2009, p. 51.
Case C-586/10: Reference for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 15 December 2010 — Bianca Kücük v Land Nordrhein-Westfalen
Date: 2010-12-15
Institutions: Court of Justice
Subjects: Germany, interpretation of the law, labour law, work contract








C_2011089EN.01000501.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/5





Reference for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 15 December 2010 — Bianca Kücük v Land Nordrhein-Westfalen
(Case C-586/10)
2011/C 89/09
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: Bianca Kücük

Defendant: Land Nordrhein-Westfalen

Questions referred







1.


Is it in breach of clause 5(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP in the Annex to Council Directive 1999/70/EC of 28 June 1999 (1) for a national provision, which — like point 3 of the second sentence of Paragraph 14(1) of the Teilzeit- und Befristungsgesetz (Law on part-time working and fixed-term contracts, ‘the TzBfG’) — provides that there are objective grounds for repeated fixed-term work where one employee replaces another, to be interpreted and applied to mean that there are also objective grounds where there is a permanent need for a replacement although the need for a replacement could also be met by the employee concerned being employed for an indefinite duration and the replacement duties of one of the regular staff lost being assigned to him, but the employer reserves the right to decide anew in each case how it is to respond to a specific loss of staff?




If the answer to the first question should be in the affirmative:






2.


Is such interpretation and application of a national provision such as point 3 of the second sentence of Paragraph 14(1) TzBfG, as per the first question, in breach of clause 5(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP in the Annex to Council Directive 1999/70/EC of 28 June 1999 in the circumstances described in the first question even where the national legislature, with the replacement-type objective reason provided for in a national provision such as Paragraph 21(1) of the Bundeselterngeld- und Elternzeitgesetz (Law on parental leave and benefit, ‘BEEG’) justifying fixed-term work, also pursues the social-policy objective of making it easier for an employer to grant special leave and for an employee to avail him/herself of it for reasons of maternity protection or parenting, for instance?






(1)  OJ 1999 L 175, p. 43
Case T-188/10: Judgment of the General Court of 15 December 2010 — DTL v OHIM — Gestión de Recursos y Soluciones Empresariales (Solaria) (Community trade mark — Opposition proceedings — Application for Community figurative mark Solaria — Earlier national figurative mark SOLARTIA — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2010-12-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, solar energy, trade-mark law








C_2011038EN.01001601.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/16





Judgment of the General Court of 15 December 2010 — DTL v OHIM — Gestión de Recursos y Soluciones Empresariales (Solaria)
(Case T-188/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Solaria - Earlier national figurative mark SOLARTIA - Relative ground for refusal - Likelihood of confusion - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 38/29
Language of the case: Spanish

Parties


Applicant: DTL Corporación SL (Madrid, Spain) (represented by: C. Rueda Pascual and A. Zuazo Araluze)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gestión de Recursos y Soluciones Empresariales SL (Pamplona, Spain) (represented by: C. Gutiérrez Martínez, H. Granado Carpenter and M. Polo Carreño, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2010 (Case R 767/2009-2) relating to opposition proceedings between Gestión de Recursos y Soluciones Empresariales SL and DTL Corporación SL.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders DTL Corporación SL to pay the costs.






(1)  OJ C 161, 19.6.2010.
Information communicated by Member States regarding closure of fisheries
Date: 2010-12-15
Institutions: Netherlands
Subjects: Netherlands, catch of fish, fishing controls, fishing regulations, sea fish








C_2010340EN.01001901.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/19





Information communicated by Member States regarding closure of fisheries
2010/C 340/12
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


13.11.2010




Duration


13.11.2010-31.12.2010




Member State


The Netherlands




Stock or Group of stocks


SRX/2AC4-C




Species


Skates and rays (Rajidae)




Zone


EU waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Case C-352/10: Order of the Court (Fifth Chamber) of 15 December 2010 (reference for a preliminary ruling from the Audiencia Provincial de Oviedo — Spain) — Angel Lorenzo González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE (Reference for a preliminary ruling — Inadmissibility)
Date: 2010-12-15
Institutions: Court of Justice
Subjects: consumer information, consumer protection, contract, door-to-door selling, insurance contract, restriction on competition








C_2011089EN.01000402.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/4





Order of the Court (Fifth Chamber) of 15 December 2010 (reference for a preliminary ruling from the Audiencia Provincial de Oviedo — Spain) — Angel Lorenzo González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE
(Case C-352/10) (1)

(Reference for a preliminary ruling - Inadmissibility)
2011/C 89/07
Language of the case: Spanish

Referring court

Audiencia Provincial de Oviedo

Parties to the main proceedings


Applicant: Angel Lorenzo González Alonso

Defendant: Nationale Nederlanden Vida Cia De Seguros y Reaseguros SAE

Re:

Reference for a preliminary ruling — Audiencia Provincial de Oviedo — Interpretation of Article 3(2)(d) of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ 1985 L 372, p. 31) — Contract, concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium invested in various products of the company itself

Operative part of the order

The reference for a preliminary ruling made by the Audiencia Provincial de Oviedo by decision of 22 June 2010 is manifestly inadmissible.


(1)  OJ C 288, 23.10.2010.
Non-opposition to a notified concentration (Case COMP/M.6036 — Barclays/BPCE/Hexagone France 3)  Text with EEA relevance
Date: 2010-12-15
Institutions: European Commission
Subjects: banking, economic concentration, exchange of information, financial services, merger control, real property








C_2010340EN.01000102.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/1





Non-opposition to a notified concentration
(Case COMP/M.6036 — Barclays/BPCE/Hexagone France 3)
(Text with EEA relevance)
2010/C 340/02
On 6 December 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 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 32010M6036. EUR-Lex is the on-line access to the European law.
Case T-2/10: Order of the General Court (First Chamber) of 15 December 2010 — De Lucia v OHIM — Galbani (De Lucia La natura pratica del gusto)
Date: 2010-12-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, agricultural product, animal product, trade-mark law








C_2011055EN.01003502.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/35





Order of the General Court (First Chamber) of 15 December 2010 — De Lucia v OHIM — Galbani (De Lucia La natura pratica del gusto)
(Case T-2/10) (1)

2011/C 55/64
Language of the case: Italian
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 51, 27.2.2010.
Commission Regulation (EU) No 1202/2010 of 15 December 2010 establishing a prohibition of fishing for cod in VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of the Netherlands
Date: 2010-12-15
Institutions: European Commission
Subjects: EU waters, Netherlands, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010333EN.01004101.xml










17.12.2010   


EN


Official Journal of the European Union


L 333/41








            COMMISSION REGULATION (EU) No 1202/2010
of 15 December 2010
         
establishing a prohibition of fishing for cod in VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of the Netherlands


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 2010.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 21, 26.1.2010, p. 1.




ANNEX






No


4/T&Q




Member State


The Netherlands




Stock


COD/7XAD34




Species


Cod (Gadus morhua)




Zone


VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1




Date


22.2.2010
Case T-132/09: Judgment of the General Court of 15 December 2010 — Epcos v OHIM — Epco Sistemas (EPCOS) (Community trade mark — Opposition proceedings — Application for Community figurative mark EPCOS — Earlier national figurative mark epco SISTEMAS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Genuine use of earlier mark — Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)
Date: 2010-12-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011038EN.01001201.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/12





Judgment of the General Court of 15 December 2010 — Epcos v OHIM — Epco Sistemas (EPCOS)
(Case T-132/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark EPCOS - Earlier national figurative mark epco SISTEMAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)
2011/C 38/18
Language of the case: German

Parties


Applicant: Epcos AG (Munich, Germany) (represented by: L. von Zumbusch and S. Schweyer, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Epco Sistemas SL (Constanti, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 January 2009 (Case R 1088/2008-2) relating to opposition proceedings between Epco Sistemas SL and Epcos AG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Epcos AG to pay the costs.






(1)  OJ C 129, 6.6.2009.
Prior notification of a concentration (Case COMP/M.6053 — CVC/Apollo/Brit Insurance)  Text with EEA relevance
Date: 2010-12-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance company, investment company, merger control








C_2010340EN.01002701.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/27





Prior notification of a concentration
(Case COMP/M.6053 — CVC/Apollo/Brit Insurance)
(Text with EEA relevance)
2010/C 340/15






1.


On 6 December 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 undertakings CVC Capital Partners SICAV-FIS SA and its subsidiaries and affiliates (‘CVC’, Luxembourg) and AIF VII Euro Holdings, LP, a fund managed by an affiliate of Apollo Management LP (‘Apollo’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Brit Insurance Holdings NV (‘Brit Insurance’, The Netherlands) by way of public bid announced on 26 October 2010.










2.


The business activities of the undertakings concerned are:






—


CVC: advice to and management of investment funds,










—


Apollo: advice to and management of investment funds,










—


Brit Insurance: general insurance and reinsurance.














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.6053 — CVC/Apollo/Brit Insurance, 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’).