do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6194 — Osram/Siteco Lighting)  Text with EEA relevance
Date: 2011-05-24
Institutions: European Commission
Subjects: economic concentration, exchange of information, lighting equipment, merger control, subsidiary








C_2011153EN.01001801.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/18





Prior notification of a concentration
(Case COMP/M.6194 — Osram/Siteco Lighting)
(Text with EEA relevance)
2011/C 153/10






1.


On 13 May 2011, 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, Osram GmbH (‘Osram’, Germany) controlled by Siemens AG (‘Siemens’, Germany) acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Siteco Lighting GmbH (‘Siteco’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for undertaking Osram: the development, manufacture and sale of a wide range of products such as light fixtures/luminaries, general purpose lamps, LED light sources, LED components, as well as other components for light fixtures. The parent company Siemens is active in various manufacturing, technology and services business activities,










—


for undertaking Siteco: the production, development and sale of professional light fixtures and technical lighting solutions.














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.6194 — Osram/Siteco Lighting, 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’).
Case T-373/08: Order of the General Court of 24 May 2011 — Nuova Agricast v Commission (Non-contractual liability — Aid scheme under Italian legislation — Scheme declared compatible with the common market — Transitional measure — Exclusion of certain undertakings — Principle of the protection of legitimate expectations — Sufficiently serious breach of a rule of law conferring rights on individuals — Absence — Clear lack of jurisdiction — Action manifestly devoid of any basis in law)
Date: 2011-05-24
Institutions: General Court
Subjects: Italy, financial year, investment, supervisory body








C_2011219EN.01001602.xml










23.7.2011   


EN


Official Journal of the European Union


C 219/16





Order of the General Court of 24 May 2011 — Nuova Agricast v Commission
(Case T-373/08) (1)

(Non-contractual liability - Aid scheme under Italian legislation - Scheme declared compatible with the common market - Transitional measure - Exclusion of certain undertakings - Principle of the protection of legitimate expectations - Sufficiently serious breach of a rule of law conferring rights on individuals - Absence - Clear lack of jurisdiction - Action manifestly devoid of any basis in law)
2011/C 219/23
Language of the case: Italian

Parties


Applicant: Nuova Agricast Srl (Cerignola, Italy) (represented by: M.A. Calabrese, lawyer)

Defendant: European Commission (represented by: V. Di Bucci and E. Righini, acting as Agents)

Re:

Action for non-contractual liability seeking compensation for damage allegedly suffered by the applicant as a result of the Commission’s adopting the decision of 12 July 2000 not to raise objections to a State aid scheme in the form of aid for investment in disadvantaged regions of Italy (Aid No 715/99 — Italy (SG 2000 D/105754) and by reason of the Commission’s conduct prior to the adoption of that decision.

Operative part of the order







1.


The action is dismissed.










2.


Nuova Agricast Srl shall pay the costs.






(1)  OJ C 285, 8.11.2008.
Case C-255/11: Reference for a preliminary ruling from the Amtsgericht Geldern (Germany) lodged on 24 May 2011 — Nadine Büsch and Björn Siever v Ryanair Ltd
Date: 2011-05-24
Institutions: Court of Justice
Subjects: Germany, air transport, damage, indemnification, traveller








C_2011226EN.01001501.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/15





Reference for a preliminary ruling from the Amtsgericht Geldern (Germany) lodged on 24 May 2011 — Nadine Büsch and Björn Siever v Ryanair Ltd
(Case C-255/11)
2011/C 226/28
Language of the case: German

Referring court

Amtsgericht Geldern

Parties to the main proceedings


Applicants: Nadine Büsch and Björn Siever

Defendant: Ryanair Ltd

Questions referred







1.


Does the right to compensation laid down in Article 7 of the Air Passenger Rights Regulation (1) constitute a claim for damages which is subject to the limits of liability set out in the Montreal Convention, by virtue of the first sentence of Article 29 (2) thereof, where it is to be granted because of a long delay of a flight?










2.


Is the right to compensation under Article 7 of the Air Passenger Rights Regulation non-compensatory within the meaning of the second sentence of Article 29 of the Montreal Convention in so far as it exceeds the damage incurred by the air passenger as a result of the long delay? Does this preclude a right to compensation entirely or does such a right arise in the event of delays only in the amount of the damage actually incurred?






(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).

(2)  Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ 2001 L 194, p. 38).
Euro exchange rates
Date: 2011-05-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2011153EN.01001101.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/11





Euro exchange rates (1)

23 May 2011
2011/C 153/07

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4020




JPY


Japanese yen


114,68




DKK


Danish krone


7,4561




GBP


Pound sterling


0,86975




SEK


Swedish krona


8,9155




CHF


Swiss franc


1,2380




ISK


Iceland króna


 




NOK


Norwegian krone


7,8475




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,530




HUF


Hungarian forint


270,16




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9485




RON


Romanian leu


4,1205




TRY


Turkish lira


2,2534




AUD


Australian dollar


1,3332




CAD


Canadian dollar


1,3725




HKD


Hong Kong dollar


10,9028




NZD


New Zealand dollar


1,7761




SGD


Singapore dollar


1,7501




KRW


South Korean won


1 539,99




ZAR


South African rand


9,8533




CNY


Chinese yuan renminbi


9,1186




HRK


Croatian kuna


7,4242




IDR


Indonesian rupiah


12 043,97




MYR


Malaysian ringgit


4,2887




PHP


Philippine peso


61,008




RUB


Russian rouble


39,9250




THB


Thai baht


42,607




BRL


Brazilian real


2,2908




MXN


Mexican peso


16,4377




INR


Indian rupee


63,4230






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.6183 — Mahle/Behr)  Text with EEA relevance
Date: 2011-05-24
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, motor vehicle, motor vehicle industry, vehicle parts








C_2011153EN.01002101.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/21





Prior notification of a concentration
(Case COMP/M.6183 — Mahle/Behr)
(Text with EEA relevance)
2011/C 153/13






1.


On 17 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Mahle GmbH (‘Mahle’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Behr GmbH & Co. KG (‘Behr’, Germany).










2.


The business activities of the undertakings concerned are:






—


for Mahle: development, manufacturing and sale of components and systems for automotive and motor vehicles,










—


for Behr: development and manufacturing of components and complete systems of motor cooling and air-conditioning for automotive vehicles.














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.6183 — Mahle/Behr, 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’).
Case T-267/11: Action brought on 24 May 2011 — Video Research USA/OHMI (VR)
Date: 2011-05-24
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011211EN.01003101.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/31





Action brought on 24 May 2011 — Video Research USA/OHMI (VR)
(Case T-267/11)
2011/C 211/65
Language of the case: English

Parties


Applicant: Video Research USA, Inc. (New York, U.S.A.) (represented by: B. Brandreth, Barrister)

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

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 8 March 2011 in case R 1187/2010-2;










—


Remit the case to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with a recommendation that restitutio in integrum be granted in respect of community trade mark application No 919324;










—


Order the defendant to pay the costs incurred before the Board of Appeal and the General Court.





Pleas in law and main arguments


Community trade mark concerned: The figurative mark ‘VR’ — Community trade mark registration No 919324

Decision of the Trade Marks and Register Department: Rejected the request for restitutio in integrum and confirmed the cancellation of the Community trade mark registration No 919324

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 81 of Council Regulation No 207/2009, as the Board of Appeal erred in the application of this article and in its assessment of the facts in holding that the applicant’s representatives had failed to exercise due care in the circumstances.
Case T-392/10: Judgment of the General Court of 24 May 2011 — Euro-Information v OHIM (EURO AUTOMATIC CASH) (Community trade mark — Application for Community word mark EURO AUTOMATIC CASH — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2011-05-24
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment, banking, trade-mark law








C_2011204EN.01002301.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/23





Judgment of the General Court of 24 May 2011 — Euro-Information v OHIM (EURO AUTOMATIC CASH)
(Case T-392/10) (1)

(Community trade mark - Application for Community word mark EURO AUTOMATIC CASH - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
2011/C 204/41
Language of the case: French

Parties


Applicant: Euro-Information — Européenne de traitement de l'information (Strasbourg, France) (represented by: A. Grolée, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2010 (Case R 892/2010-2) concerning an application for registration of the word sign EURO AUTOMATIC CASH as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Euro-Information — Européenne de traitement de l'information to pay the costs.






(1)  OJ C 301, 6.11.2010.
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/413/CFSP and in Council Regulation (EU) No 961/2010 concerning restrictive measures against Iran apply
Date: 2011-05-24
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, international sanctions, legal person, natural person, nuclear non-proliferation, trade restriction








C_2011153EN.01000901.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/9





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/413/CFSP and in Council Regulation (EU) No 961/2010 concerning restrictive measures against Iran apply
2011/C 153/05
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in Annex II to Council Decision 2010/413/CFSP (1) and in Annex VIII to Council Regulation (EU) No 961/2010 (2).
The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be included in the lists of persons and entities subject to restrictive measures provided for in Decision 2010/413/CFSP and in Regulation (EU) No 961/2010 concerning restrictive measures against Iran.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex V to Regulation (EU) No 961/2010, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 19 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned lists should be reconsidered, by 31 July 2011, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 195, 27.7.2010, p. 39.

(2)  OJ L 281, 27.10.2010, p. 1.
Prior notification of a concentration (Case COMP/M.6239 — ONEX/JELD-WEN) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-05-24
Institutions: European Commission
Subjects: building materials, economic concentration, exchange of information, investment company, merger control, real estate business








C_2011153EN.01002001.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/20





Prior notification of a concentration
(Case COMP/M.6239 — ONEX/JELD-WEN)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 153/12






1.


On 10 May 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 undertaking(s) Onex Corporation (‘ONEX’, Canada) and Nancy Wendt, Roderic C. Wendt and Mark Wendt (WENDT Family) acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking JELD-WEN Holding, inc. (‘JELD-WEN’, USA) by way of purchase of securities.










2.


The business activities of the undertakings concerned are:






—


for undertaking ONEX: investments, administration and divestment of participations in companies through a number of private equity funds,










—


Nancy Wendt, Roderick Wendt and Mark Wendt (WENDT Family members) are the three trustees of the Trust of Mr. Richard Wendt, which exercises control over substantial stock in JELD-WEN. Mr Roderick Wendt is CEO of JELD-WEN,










—


for undertaking JELD-WEN: manufacturer and distributor of windows and doors. JELD-WEN is also active in real estate, resort development and hotel operations in the US and Mexico, marketing and escrow/title services.














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.6239 — ONEX/JELD-WEN, 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-309/09: Order of the General Court of 24 May 2011 — Sanyō Denki v OHIM — Telefónica 02 Germany (eneloop) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2011-05-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electricity storage device, trade-mark law








C_2011226EN.01002602.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/26





Order of the General Court of 24 May 2011 — Sanyō Denki v OHIM — Telefónica 02 Germany (eneloop)
(Case T-309/09) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
2011/C 226/53
Language of the case: English

Parties


Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: initially, M. De Zorti, M. Koch and T. Grimm, and subsequently V. Schmitz-Fohrmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, M. Ahlgren, and subsequently M. Ahlgren and J.F. Crespo Carillo, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Telefónica 02 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2), relating to opposition proceedings between Telefónica O2 Germany GmbH & Co. OHG and Sanyō Denki Kabushiki Kaisha

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant and the intervener are ordered to bear their own costs and those incurred by the defendant.






(1)  OJ C 267, 7.11.2009.
Prior notification of a concentration (Case COMP/M.6226 — Media-Saturn/Redcoon)  Text with EEA relevance
Date: 2011-05-24
Institutions: European Commission
Subjects: economic concentration, electrical industry, electronic commerce, electronics industry, exchange of information, merger control, retail trade








C_2011153EN.01001901.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/19





Prior notification of a concentration
(Case COMP/M.6226 — Media-Saturn/Redcoon)
(Text with EEA relevance)
2011/C 153/11






1.


On 17 May 2011 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking, Media-Saturn-Holding GmbH (‘Media-Saturn’, Germany), which is controlled by Metro AG (Germany), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Redcoon GmbH (‘Redcoon’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Media-Saturn: Media-Saturn is the holding company of the Media-Saturn-Group, which operates retail markets in various countries for all kinds of electrical and electronic goods through the distribution channels, Media Markt and Saturn,










—


Metro AG: Metro AG is a world-wide trading company which operates cash & carry stores, self- service hypermarkets and stores,










—


Redcoon: Redcoon is an electrical retailer, primarily selling to final consumers via the internet. Redcoon's product portfolio also includes ‘do-it-yourself’ products, musical instruments, sports articles and children's toys.














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.6226 — Media-Saturn/Redcoon, 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’).