do-me/EUR-LEX huggingface dataset:
Case T-377/06: Judgment of the General Court of 24 March 2011 — Comap v Commission (Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Decision finding an infringement of Article 81 EC — Duration of participation in the infringement — Fines — Determination of the starting amount of the fine — Proportionality)
Date: 2011-03-24
Institutions: General Court
Subjects: European Commission, action for annulment (EU), copper, exchange of information, fine, plumbing equipment, price agreement, trade information, trade restriction








C_2011145EN.01001903.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/19





Judgment of the General Court of 24 March 2011 — Comap v Commission
(Case T-377/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Duration of participation in the infringement - Fines - Determination of the starting amount of the fine - Proportionality)
2011/C 145/28
Language of the case: French

Parties


Applicant: Comap SA (Paris, France) (represented initially by A. Wachsmann and C. Pommiès, subsequently by A. Wachsmann and D. Nourissier, and finally by A. Wachsmann and S. de Guigné, lawyers)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by N. Coutrelis, lawyer)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Comap SA to pay the costs.






(1)  OJ C 42, 24.2.2007.
Prior notification of a concentration (Case COMP/M.6085 — Costa Crociere/Alpitour/Welcome JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-03-24
Institutions: European Commission
Subjects: air transport, economic concentration, exchange of information, leisure, maritime transport, merger control, travel agency








C_2011092EN.01002401.xml










24.3.2011   


EN


Official Journal of the European Union


C 92/24





Prior notification of a concentration
(Case COMP/M.6085 — Costa Crociere/Alpitour/Welcome JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 92/14






1.


On 16 March 2011, 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 Costa Crociere SpA (‘Costa’, Italy), ultimately controlled by Carnival Corporation (Panama) & Carnival PLC (United Kingdom), and Alpitour SpA (‘Alpitour’, Italy) controlled by the Exor Group (Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Welcome Travel Group SpA (‘Welcome’, Italy), currently controlled by Alpitour, by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Costa operates cruise ships and provides cruises,










—


Alpitour is a tour operator and provides travel agency, air transport, hotels and destination services,










—


Welcome operates a network of travel agencies in Italy.














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.6085 — Costa Crociere/Alpitour/Welcome 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 C-552/09 P: Judgment of the Court (Fifth Chamber) of 24 March 2011 — Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Tirol Milch reg.Gen.mbH Innsbruck (Appeal — Community trade mark — Regulation (EC) No 40/94 — Community figurative mark TiMi KiNDERJOGHURT — Earlier word mark KINDER — Invalidity proceedings — Article 52(1)(a) — Article 8(1)(b) and (5) — Assessment of the similarity of the signs — Family of marks)
Date: 2011-03-24
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, General Court (EU), action for annulment (EU), interpretation of the law, trade-mark law








C_2011152EN.01000801.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/8





Judgment of the Court (Fifth Chamber) of 24 March 2011 — Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Tirol Milch reg.Gen.mbH Innsbruck
(Case C-552/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Community figurative mark TiMi KiNDERJOGHURT - Earlier word mark KINDER - Invalidity proceedings - Article 52(1)(a) - Article 8(1)(b) and (5) - Assessment of the similarity of the signs - Family of marks)
2011/C 152/13
Language of the case: English

Parties


Appellant: Ferrero SpA (represented by: C. Gielen, advocaat)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent), Tirol Milch reg.Gen.mbH Innsbruck

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 14 October 2009 in Case T-140/08 Ferrero SpA v OHIM — Tirol Milch, by which that court dismissed the action for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 January 2008 in Case R 682/2007-2 annulling the decision of the Cancellation Division declaring the word mark ‘TiMi KiNDERJOGHURT’ invalid for goods in Class 29 in invalidity proceedings brought by the appellant

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Ferrero SpA to pay the costs.






(1)  OJ C 80, 27.3.2010.
Case C-428/10: Order of the President of the Court of 24 March 2011 — European Commission v French Republic
Date: 2011-03-24
Institutions: Court of Justice
Subjects: company with share capital, national implementing measure, shareholder, shareholding








C_2011252EN.01002708.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/27





Order of the President of the Court of 24 March 2011 — European Commission v French Republic
(Case C-428/10) (1)

2011/C 252/59
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 328, 4.12.2010.
Case T-384/06: Judgment of the General Court of 24 March 2011 — IBP and International Building Products France v Commission (Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Decision finding an infringement of Article 81 EC — Duration of participation in the infringement — Fines — Aggravating circumstances)
Date: 2011-03-24
Institutions: General Court
Subjects: action for annulment, exchange of information, fine, piping, price agreement, restriction on competition, trade information, unlawful agreement








C_2011145EN.01002201.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/22





Judgment of the General Court of 24 March 2011 — IBP and International Building Products France v Commission
(Case T-384/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Duration of participation in the infringement - Fines - Aggravating circumstances)
2011/C 145/33
Language of the case: English

Parties


Applicants: IBP Ltd (Tipton, United Kingdom); and International Building Products France SA (Sartrouville, France) (represented by: M. Clough QC and A. Aldred, Solicitor)

Defendant: European Commission (represented by: F. Castillo de la Torre and V. Bottka, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) and also, in the alternative, for a reduction in the fine imposed on the applicants in that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IBP Ltd and International Building Products France SA to bear their own costs and to pay 80 % of the European Commission’s costs, and also to bear their own costs and to pay the Commission’s costs relating to the interim measures proceedings;










3.


Orders the Commission to bear 20 % of its own costs.






(1)  OJ C 20, 27.1.2007.
Case T-189/11: Action brought on 24 March 2011 — Yordanov v OHIM — Distribuidora comercial del frio (DISCO DESIGNER)
Date: 2011-03-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), refrigeration industry, trade-mark law








C_2011152EN.01003001.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/30





Action brought on 24 March 2011 — Yordanov v OHIM — Distribuidora comercial del frio (DISCO DESIGNER)
(Case T-189/11)
2011/C 152/53
Language in which the application was lodged: German

Parties


Applicant: Peter Yordanov (Rousse, Bulgaria) (represented by: T. Walter, lawyer)

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

Other party to the proceedings before the Board of Appeal: Distribuidora comercial del frio, SA (Madrid, Spain)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 January 2011 in Case R 803/2010-2;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘DISCO DESIGNER’ for goods in Classes 11, 19 and 20.

Proprietor of the mark or sign cited in the opposition proceedings: Distribuidora comercial del frio, SA.

Mark or sign cited in opposition: Figurative mark including the word element ‘DISCO’ for goods in Class 11.

Decision of the Opposition Division: To uphold the opposition.

Decision of the Board of Appeal: To dismiss the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the marks in question and the Board of Appeal incorrectly held that the goods at issue were identical.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Situation in Japan, including the nuclear power plant alerts European Parliament resolution of 24 March 2011 on the situation in Japan, particularly the state of alert at the nuclear power stations
Date: 2011-03-24
Institutions: European Parliament
Subjects: Japan, nuclear accident, nuclear power station








CE2012247EN.01002001.xml










17.8.2012   


EN


Official Journal of the European Union


CE 247/20





Thursday 24 March 2011Situation in Japan, including the nuclear power plant alerts
P7_TA(2011)0118
European Parliament resolution of 24 March 2011 on the situation in Japan, particularly the state of alert at the nuclear power stations
2012/C 247 E/06

The European Parliament,






—


having regard to Rule 110(2) of its Rules of Procedure,










A.


having regard to the devastating earthquake and the tsunami which struck Japan and the Pacific region on 11 March 2011, resulting in the death or disappearance of thousands of people and causing considerable material damage,










B.


whereas this disaster caused an extremely serious nuclear accident, which is affecting Fukushima nuclear power station and constitutes a fresh threat,










C.


whereas the Prime Minister of Japan, Naoto Kan, has stated that the country is facing its most serious crisis in 65 years, since the Second World War,










1.


Expresses its most complete solidarity with the Japanese people and government and presents its sincere condolences to the victims of this threefold disaster, bearing in mind that the human losses and material damage have not yet been fully assessed; welcomes the mobilisation, courage and determination of the Japanese people and of the authorities in response to this disaster;










2.


Calls on the Union and its Member States, as a priority, to give Japan and the disaster regions all necessary humanitarian, technical and financial aid and support and welcomes the fact that the Union immediately activated its Civil Protection Mechanism to coordinate its emergency aid;










3.


Instructs its President to forward this resolution to the Council, the Commission and the Japanese authorities.
Exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure) European Parliament decision of 24 March 2011 concerning the exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)
Date: 2011-03-24
Institutions: European Parliament
Subjects: Court of Justice of the European Union, European Parliament, interpretation of the law, rules of procedure








CE2012247EN.01002101.xml










17.8.2012   


EN


Official Journal of the European Union


CE 247/21





Thursday 24 March 2011Exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)
P7_TA(2011)0119
European Parliament decision of 24 March 2011 concerning the exercise of Parliament's rights vis-à-vis the Court of Justice (interpretation of Rule 128 of the Rules of Procedure)
2012/C 247 E/07

The European Parliament,






—


having regard to the letter of 22 March 2011 from the Chair of the Committee on Constitutional Affairs,










—


having regard to Rule 211 of its Rules of Procedure,










1.


Decides to append the following interpretation to Rule 128:
‘Rule 90(6) of the Rules of Procedure lays down a specific procedure by means of which Parliament can take a decision on whether to exercise its prerogative, pursuant to Article 218(11) TFEU, to seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties; that provision constitutes a “lex specialis” which takes precedence over the general provision laid down in Rule 128 of the Rules of Procedure.
When a decision must be taken as to whether Parliament should exercise its rights vis-à-vis the Court of Justice of the European Union, and the act in question is not covered by Rule 128 of the Rules of Procedure, the procedure provided for in this rule should apply, mutatis mutandis.’;










2.


Instructs its President to forward this decision to the Council, the Commission and the Court of Justice of the European Union, for information.
Case T-381/06: Judgment of the General Court of 24 March 2011 — FRA.BO v Commission (Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Decision finding an infringement of Article 81 EC — Fines — Leniency Notice — Guidelines on the method of setting fines — Attenuating circumstances — Immunity from fines — Legitimate expectations — Equal treatment)
Date: 2011-03-24
Institutions: General Court
Subjects: European Commission, action for annulment (EU), copper, exchange of information, fine, plumbing equipment, price agreement, trade information








C_2011145EN.01002101.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/21





Judgment of the General Court of 24 March 2011 — FRA.BO v Commission
(Case T-381/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Fines - Leniency Notice - Guidelines on the method of setting fines - Attenuating circumstances - Immunity from fines - Legitimate expectations - Equal treatment)
2011/C 145/31
Language of the case: English

Parties


Applicant: FRA.BO SpA (Bordolano, Italy) (represented initially by R. Celli, Solicitor, and F. Distefano, lawyer, and subsequently by F. Distefano)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by S. Kinsella, Solicitor, and K. Nordlander, lawyer)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also, in the alternative, for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders FRA.BO SpA to pay the costs.






(1)  OJ C 42, 24.2.2007.
Case T-14/10: Judgment of the General Court of 24 March 2011 — CheckMobile v OHIM (carcheck) (Community trade mark — Application for Community word mark ‘carcheck’ — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2011-03-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011145EN.01002701.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/27





Judgment of the General Court of 24 March 2011 — CheckMobile v OHIM (carcheck)
(Case T-14/10) (1)

(Community trade mark - Application for Community word mark ‘carcheck’ - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
2011/C 145/45
Language of the case: German

Parties


Applicant: CheckMobile GmbH — The Process Solution Company (Hamburg, Germany) (represented by: K. Lodigkeit, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2009 (Case R 595/2009-4), relating to an application for registration as a Community trade mark of the word sign ‘carcheck’.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders CheckMobile GmbH — The Process Solution Company to pay the costs.






(1)  OJ C 80, 27.3.2010.
Case C-375/10: Judgment of the Court (Fifth Chamber) of 24 March 2011 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2007/36/EC — Exercise of certain rights of shareholders in listed companies — Failure to transpose within the period prescribed)
Date: 2011-03-24
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, company with share capital, corporate governance, national implementing measure, regions of Spain, shareholder








C_2011152EN.01000902.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/9





Judgment of the Court (Fifth Chamber) of 24 March 2011 — European Commission v Kingdom of Spain
(Case C-375/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2007/36/EC - Exercise of certain rights of shareholders in listed companies - Failure to transpose within the period prescribed)
2011/C 152/16
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: G. Braun and E. Adsera Ribera, Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the measures necessary to comply with Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies (OJ 2007 L 184, p. 17)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies, the Kingdom of Spain has failed to fulfil its obligations under Article 15 thereof;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 274, 9.10.2010.
EC-Canada air transport agreement *** European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part (15380/2010 – C7-0386/2010 – 2009/0018(NLE))
Date: 2011-03-24
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Canada, air transport, ratification of an agreement








CE2012247EN.01004001.xml










17.8.2012   


EN


Official Journal of the European Union


CE 247/40





Thursday 24 March 2011EC-Canada air transport agreement ***
P7_TA(2011)0107
European Parliament legislative resolution of 24 March 2011 on the draft decision of the Council and of the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the conclusion of the Agreement on Air Transport between the European Community and its Member States, of the one part, and Canada, of the other part (15380/2010 – C7-0386/2010 – 2009/0018(NLE))
2012/C 247 E/12
(Consent)

The European Parliament,






—


having regard to the draft decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council (15380/2010),










—


having regard to the draft Agreement between the European Community and its Member States and Canada on air transport (08303/10/2009),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a)(v) and Article 218(8) first subparagraph, of the Treaty on the Functioning of the European Union (C7-0386/2010),










—


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










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0045/2011),










1.


Consents to 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 Canada.