do-me/EUR-LEX huggingface dataset:
Initiation of proceedings (Case COMP/M.5907 — Votorantim/Fischer/JV)  Text with EEA relevance
Date: 2011-01-13
Institutions: European Commission
Subjects: economic concentration, exchange of information, fruit juice, merger control








C_2011008EN.01002001.xml










13.1.2011   


EN


Official Journal of the European Union


C 8/20





Initiation of proceedings
(Case COMP/M.5907 — Votorantim/Fischer/JV)
(Text with EEA relevance)
2011/C 8/08
On 7 January 2011, the Commission decided to initiate proceedings in the above mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 2967244) or by post, under reference COMP/M.5907 — Votorantim/Fischer/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË
Non-opposition to a notified concentration (Case COMP/M.6052 — London & Continental Railways/Lend Lease Europe/Stratford City Business District)  Text with EEA relevance
Date: 2011-01-13
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, real estate business, urbanisation








C_2011008EN.01000102.xml










13.1.2011   


EN


Official Journal of the European Union


C 8/1





Non-opposition to a notified concentration
(Case COMP/M.6052 — London & Continental Railways/Lend Lease Europe/Stratford City Business District)
(Text with EEA relevance)
2011/C 8/02
On 7 January 2011, 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 32011M6052. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.5908 — Honeywell/Sperian)  Text with EEA relevance
Date: 2011-01-13
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, protective equipment








C_2011008EN.01000201.xml










13.1.2011   


EN


Official Journal of the European Union


C 8/2





Non-opposition to a notified concentration
(Case COMP/M.5908 — Honeywell/Sperian)
(Text with EEA relevance)
2011/C 8/03
On 4 August 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 32010M5908. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.5964 — TPV/Philips Branded Monitors and Colour TVS)  Text with EEA relevance
Date: 2011-01-13
Institutions: European Commission
Subjects: audiovisual industry, communications industry, economic concentration, exchange of information, information technology industry, merger control, screen, television equipment








C_2011008EN.01000101.xml










13.1.2011   


EN


Official Journal of the European Union


C 8/1





Non-opposition to a notified concentration
(Case COMP/M.5964 — TPV/Philips Branded Monitors and Colour TVS)
(Text with EEA relevance)
2011/C 8/01
On 9 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 32010M5964. EUR-Lex is the on-line access to the European law.
Case C-92/10 P: Judgment of the Court (Fifth Chamber) of 13 January 2011 — Media-Saturn-Holding GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Absolute ground for refusal — Lack of distinctive character — Mark consisting of an advertising slogan and composed of elements individually devoid of any distinctive character — Figurative sign ‘BEST BUY’ )
Date: 2011-01-13
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, Germany, action for annulment (EU), appeal, audiovisual industry, services company








C_2011080EN.01000601.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/6





Judgment of the Court (Fifth Chamber) of 13 January 2011 — Media-Saturn-Holding GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-92/10 P) (1)

(Appeal - Community trade mark - Absolute ground for refusal - Lack of distinctive character - Mark consisting of an advertising slogan and composed of elements individually devoid of any distinctive character - Figurative sign ‘BEST BUY’)
2011/C 80/09
Language of the case: German

Parties


Appellant: Media-Saturn-Holding GmbH (represented by: E. Warnke, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 15 December 2009 in Case T-476/08 Media-Saturn v OHIM (BEST BUY) in which the General Court dismissed the action against the decision of the Fourth Board of Appeal of OHIM, of 28 August 2008, dismissing the appeal against the examiner’s decision which refused the registration of the figurative sign ‘BEST BUY’ as a Community trade mark for goods and services in Classes 1, 2, 5 to 12, 14 to 17, 20 to 22, 27, 28, 35, 37, 38 and 40 to 42 — distinctive character of a mark consisting of an advertising slogan and composed of elements individually devoid of any distinctive character

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Media-Saturn-Holding GmbH to pay the costs.






(1)  OJ C 113, 01.05.2010
Case C-20/11: Action brought on 13 January 2011 — European Commission v Republic of Poland
Date: 2011-01-13
Institutions: Court of Justice
Subjects: Poland, action for failure to fulfil an obligation, flood, national implementing measure, natural hazard, publication of a law








C_2011080EN.01001502.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/15





Action brought on 13 January 2011 — European Commission v Republic of Poland
(Case C-20/11)
2011/C 80/29
Language of the case: Polish

Parties


Applicant: European Commission (represented by: I. Hadjiyiannis and Ł. Habiak, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks, (1) and in any event by not informing the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 17(1) of that directive;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The time-limit for transposition of Directive 2007/60 expired on 26 November 2009.


(1)  OJ 2007 L 288, p. 27.
Case T-362/08: Judgment of the General Court of 13 January 2011 — IFAW Internationaler Tierschutz-Fonds v European Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the carrying out of an industrial project in an area protected under Directive 92/43/EEC — Documents originating from a Member State — Objection on the part of the Member State — Partial refusal of access — Exception relating to the economic policy of a Member State — Article 4(5) to (7) of Regulation No 1049/2001)
Date: 2011-01-13
Institutions: General Court
Subjects: Germany, action for annulment (EU), animal life, biotope, disclosure of information, environmental protection, plant life








C_2011055EN.01002101.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/21





Judgment of the General Court of 13 January 2011 — IFAW Internationaler Tierschutz-Fonds v European Commission
(Case T-362/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the carrying out of an industrial project in an area protected under Directive 92/43/EEC - Documents originating from a Member State - Objection on the part of the Member State - Partial refusal of access - Exception relating to the economic policy of a Member State - Article 4(5) to (7) of Regulation No 1049/2001)
2011/C 55/36
Language of the case: English

Parties


Applicant: IFAW Internationaler Tierschutz-Fonds gGmbH (Hamburg, Germany) (represented by: S. Crosby, Solicitor and S. Santoro, lawyer)

Defendant: European Commission (represented by: C. O’Reilly and P. Costa de Oliveira, Agents)

Interveners in support of the applicant: Kingdom of Denmark (represented by J. Bering Liisberg and B. Weis Fogh, Agents); Republic of Finland (represented initially by J. Heliskoski, M. Pere and H. Leppo, and later by J. Heliskoski, Agents); and Kingdom of Sweden (represented by K. Petkovska, A. Falk and S. Johannesson, Agents)

Re:

Annulment of the Commission’s decision of 19 June 2008 partly refusing to grant the applicant access to certain documents transmitted to the Commission by the German authorities in connection with a procedure for the declassification of a site protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IFAW Internationaler Tierschutz-Fonds gGmbH to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.






(1)  OJ C 301, 22.11.2008.
Communication from the Commission upon full use of the ‘abatimento’ quota for 2010 (maize, Portugal)
Date: 2011-01-13
Institutions: European Commission
Subjects: Portugal, award of contract, import, maize, originating product, tariff quota








C_2011008EN.01000202.xml










13.1.2011   


EN


Official Journal of the European Union


C 8/2





Communication from the Commission upon full use of the ‘abatimento’ quota for 2010 (maize, Portugal)
2011/C 8/04
Commission Regulation (EU) No 1262/2010 (1) provides for the prolongation of the 2010 quota tenders for import from third countries, for release for free circulation in Portugal, of 500 000 tonnes of maize, until the quota is completely used and at the latest until 31 May 2011. As on Tuesday 14 December 2010 the quantity of the 2010 quota has been completely used, imports from 1 January 2011 shall count towards the 2011 quota.


(1)  OJ L 343, 29.12.2010, p. 76.
Case T-28/09: Judgment of the General Court of 13 January 2011 — Park v OHIM — Bae (PINE TREE) (Community trade mark — Revocation proceedings — Figurative Community mark PINE TREE — Genuine use of the mark — Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009))
Date: 2011-01-13
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011055EN.01002102.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/21





Judgment of the General Court of 13 January 2011 — Park v OHIM — Bae (PINE TREE)
(Case T-28/09) (1)

(Community trade mark - Revocation proceedings - Figurative Community mark PINE TREE - Genuine use of the mark - Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009))
2011/C 55/37
Language of the case: German

Parties


Applicant: Mo-Hwa Park (Hillscheid, Germany) (represented by: P. Lee, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Chong-Yun Bae (Berlin, Germany) (represented by: A.-K. Warnecke and C. Donle, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Mo-Hwa Park to pay the costs..






(1)  OJ C 82, 4.4.2009.
Euro exchange rates
Date: 2011-01-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2011008EN.01000301.xml










13.1.2011   


EN


Official Journal of the European Union


C 8/3





Euro exchange rates (1)

12 January 2011
2011/C 8/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2973




JPY


Japanese yen


108,17




DKK


Danish krone


7,4496




GBP


Pound sterling


0,83155




SEK


Swedish krona


8,8435




CHF


Swiss franc


1,2622




ISK


Iceland króna


 




NOK


Norwegian krone


7,7060




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,390




HUF


Hungarian forint


275,57




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7009




PLN


Polish zloty


3,8425




RON


Romanian leu


4,2525




TRY


Turkish lira


2,0377




AUD


Australian dollar


1,3098




CAD


Canadian dollar


1,2784




HKD


Hong Kong dollar


10,0858




NZD


New Zealand dollar


1,7113




SGD


Singapore dollar


1,6754




KRW


South Korean won


1 445,89




ZAR


South African rand


8,8815




CNY


Chinese yuan renminbi


8,5671




HRK


Croatian kuna


7,4015




IDR


Indonesian rupiah


11 715,84




MYR


Malaysian ringgit


3,9734




PHP


Philippine peso


57,017




RUB


Russian rouble


39,3615




THB


Thai baht


39,400




BRL


Brazilian real


2,1812




MXN


Mexican peso


15,6831




INR


Indian rupee


58,5050






(1)  Source: reference exchange rate published by the ECB.
Case F-77/09: Judgment of the Civil Service Tribunal (Second Chamber) of 13 January 2011 — Nijs v Court of Auditors (Civil service — Officials — Disciplinary measures — Disciplinary procedure — Articles 22a and 22b of the Staff Regulations — Impartiality — Reasonable time)
Date: 2011-01-13
Institutions: Civil Service Tribunal
Subjects: European Court of Auditors, European official, action for annulment, committee (EU), judicial proceedings, personnel administration, regulations for civil servants








C_2011055EN.01003601.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/36





Judgment of the Civil Service Tribunal (Second Chamber) of 13 January 2011 — Nijs v Court of Auditors
(Case F-77/09) (1)

(Civil service - Officials - Disciplinary measures - Disciplinary procedure - Articles 22a and 22b of the Staff Regulations - Impartiality - Reasonable time)
2011/C 55/65
Language of the case: French

Parties


Applicant: Bart Nijs (Bridel, Luxembourg) (represented by: F. Rollinger, lawyer)

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy and J.-M. Stenier, Agents)

Re:

Civil service — Application for annulment of the decision of the ad hoc committee of the European Court of Auditors of 15 January 2009 removing the applicant from his post with effect from 1 February 2009 without reduction in pension.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Nijs to bear his own costs and to pay those incurred by the Court of Auditors.






(1)  OJ C 282, 21.11.2009, p. 65.