do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6277 — Access Industries/Warner Music Group) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-06-17
Institutions: European Commission
Subjects: economic concentration, exchange of information, means of communication, merger control, music, telecommunications








C_2011177EN.01003001.xml










17.6.2011   


EN


Official Journal of the European Union


C 177/30





Prior notification of a concentration
(Case COMP/M.6277 — Access Industries/Warner Music Group)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 177/07






1.


On 8 June 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 Access Industries, Inc. (‘Access’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Warner Music Group Corp. (‘WMG’, USA) by way of purchase of securities.










2.


The business activities of the undertakings concerned are:






—


for Access: holding companies that hold interests principally in the natural resources and chemicals, telecommunications and media, and real estate sectors,










—


for WMG: recorded music, music publishing, including the marketing and sale of recorded music and the licensing of music publishing rights.














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.6277 — Access Industries/Warner Music Group, 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-315/11: Action brought on 17 June 2011 — Fortress Participations v OHIM — Fortress Investment Group and Fortress Investment Group (UK) (FORTRESS)
Date: 2011-06-17
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), investment company, trade-mark law








C_2011238EN.01003301.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/33





Action brought on 17 June 2011 — Fortress Participations v OHIM — Fortress Investment Group and Fortress Investment Group (UK) (FORTRESS)
(Case T-315/11)
2011/C 238/56
Language in which the application was lodged: English

Parties


Applicant: Fortress Participations BV (Rotterdam, Netherlands) (represented by: M.L.J. van de Braak, lawyer, B. Ladas, Solicitor, and S. Malynicz, Barrister)

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

Other parties to the proceedings before the Board of Appeal: Fortress Investment Group LLC (New York, USA) and Fortress Investment Group (UK) Ltd (London, United Kingdom)

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 355/2009-2; and










—


Order the defendant and the other parties to the proceedings to pay their own costs of the proceedings before the Office and the General Court and pay those of the applicant.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘FORTRESS’, for services in classes 35, 36 and 42 — Community trade mark registration No 2095784

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other parties to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The parties requesting the declaration of invalidity grounded their request on relative grounds for invalidity pursuant to Articles 53(1)(c) in conjunction with Article 8(4) of Council Regulation (EC) No 207/2009. It was also based on United Kingdom non registered trade marks ‘FORTRESS’, ‘FORTRESS INVESTMENTS’, and ‘FORTRESS INVESTMENT GROUP’, used in the course of trade.

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Article 8(4) of Council Regulation (EC) No 207/2009, as the Board of Appeal failed properly to analyse the question of goodwill under the UK law of passing off and failed properly to assess the risk of misrepresentation and consequent damage.
Commission Implementing Regulation (EU) No 586/2011 of 17 June 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-06-17
Institutions: European Commission
Subjects: agri-monetary policy, agricultural product, import price








L_2011160EN.01008001.xml










18.6.2011   


EN


Official Journal of the European Union


L 160/80








            COMMISSION IMPLEMENTING REGULATION (EU) No 586/2011
of 17 June 2011
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 18 June 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 2011.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


57,8 




MK 


31,8 




TR 


54,0 




ZZ 


47,9 




0707 00 05 


TR 


97,3 




ZZ 


97,3 




0709 90 70 


TR 


111,4 




ZZ 


111,4 




0805 50 10 


AR 


65,2 




BR 


40,6 




TR 


76,6 




ZA 


100,1 




ZZ 


70,6 




0808 10 80 


AR 


90,6 




BR 


79,3 




CL 


84,5 




CN 


80,6 




NZ 


97,4 




UY 


98,4 




ZA 


85,5 




ZZ 


88,0 




0809 10 00 


TR 


158,2 




ZZ 


158,2 




0809 20 95 


TR 


385,5 




XS 


175,4 




ZZ 


280,5 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case T-360/11: Action brought on 17 June 2011 — Fercal — Consultadoria e Serviços v OHIM — Parfums Rochas (PATRIZIA ROCHA)
Date: 2011-06-17
Institutions: General Court
Subjects: EU trade mark, cosmetic product, trade-mark law








C_2011298EN.01001901.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/19





Action brought on 17 June 2011 — Fercal — Consultadoria e Serviços v OHIM — Parfums Rochas (PATRIZIA ROCHA)
(Case T-360/11)
2011/C 298/34
Language in which the application was lodged: Portuguese

Parties


Applicant: Fercal — Consultadoria e Serviços Lda (Lisbon, Portugal) (represented by: António J. Rodrigues, lawyer)

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

Other party to the proceedings before the Board of Appeal: Parfums Rochas SAS

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Second Board of Appeal of OHIM notified on 21 April 2011 (Case R 2355/2010-2) in the cancellation proceedings Patrizia Rocha/Rochas and, therefore, adjudicate upon the appeal against the decision of 27 September 2010 in the opposition B-001559361.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: PATRIZIA ROCHA

Proprietor of the mark or sign cited in the opposition proceedings: Parfums Rochas SAS

Mark or sign cited in opposition:‘ROCHAS’

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed as inadmissible.

Pleas in law: The time-limit for filing an appeal expired on 28 January 2011.
The applicant sent a notice of appeal by post on 27 January 2011, the day before the last day of the time-limit.
Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Mobilisation of the Flexibility Instrument
Date: 2011-06-17
Institutions: European Commission
Subjects: European neighbourhood policy, commitment of expenditure, fund (EU), general budget (EU)

EUROPEAN COMMISSION 

Brussels, 17.6.2011 
COM(2011) 373 final 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the Mobilisation of the Flexibility Instrument 

 
 
  
 
EXPLANATORY MEMORANDUM 

The  Interinstitutional  Agreement  of  17  May  20061  allows  for  the  mobilisation  of  the 
Flexibility Instrument to allow the financing of clearly identified expenditure which could not 
be  financed  within  the  limits  of  the  ceilings  available  for  one  or  more  headings  of  the 
multiannual financial framework. 

In accordance with point 27 of the Interinstitutional Agreement, and after having examined all 
possibilities  for  re-allocating  appropriations  under  heading  4,  the  Commission  proposes  to 
mobilise the Flexibility Instrument for the financing of the European Neighbourhood Policy, 
for an amount of EUR 153,3 million beyond the ceiling of heading 4. 

The two arms of the budgetary authority are reminded that the publication of the Decision in 
the Official Journal of the European Union shall not intervene later than the publication for 
the General Budget for the year 2012. 

1 

OJ C 139, 14.06.2006, p. 1 

EN 

1 

   EN 

 
                                                 
Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the Mobilisation of the Flexibility Instrument 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Interinstitutional  Agreement  of  17  May  2006  between  the  European 
Parliament,  the  Council  and  the  Commission  on  budgetary  discipline  and  sound  financial 
management2, and in particular the fifth paragraph of point 27 thereof, 

Having regard to the proposal from the European Commission, 

Whereas,  after  having  examined  all  possibilities  for  re-allocating  appropriations  under 
heading  4,  it  appears  necessary  to  mobilise  the  flexibility  instrument  to  complement  the 
financing in the general budget of the European Union for the financial year 2012, beyond the 
ceiling  of  heading  4,  of  EUR 153,3 million  towards  the  financing  of  the  European 
Neighbourhood Policy, 

HAVE ADOPTED THIS DECISION:  

Article 1 

For  the  general  budget  of  the  European  Union  for  the  financial  year  2012,  the  flexibility 
instrument  shall  be  used  to  provide  the  sum  of  EUR 153,3 million  in  commitment 
appropriations in heading 4. 

That amount shall be used to complement the financing of EUR 153 343 576 for the European 
Neighbourhood Policy under heading 4. 

Article 2 

This decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

2 

OJ C 139, 14.6.2006, p. 1. 

EN 

2 

   EN
Case T-315/11: Order of the General Court of 24 May 2012 — Fortress Participations v OHIM — FIG and Fortress Investment Group (FORTRESS) (Community trade mark — Invalidity proceedings — Withdrawal of the application for a declaration of invalidity — No need to adjudicate)
Date: 2011-06-17
Institutions: General Court
Subjects: EU trade mark, investment company, registered trade mark, trade-mark law








C_2012200EN.01001701.xml










7.7.2012   


EN


Official Journal of the European Union


C 200/17





Order of the General Court of 24 May 2012 — Fortress Participations v OHIM — FIG and Fortress Investment Group (FORTRESS)
(Case T-315/11) (1)

(Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)
2012/C 200/35
Language of the case: English

Parties


Applicant: Fortress Participations BV (Rotterdam, Netherlands) (represented, initially, by: L.J. van de Braak, avocat, B. Ladas, Solicitor, and S. Malynicz, Barrister, then, by: L.J. van de Braak, S. Malynicz, R. Black, Solicitor, and V. Baxter, Solicitor)

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

Other parties to the proceedings before the Board of Appeal of OHIM intervening before the General Court: FIG LLC (New York, United States); and Fortress Investment Group (UK) Ltd (London, United Kingdom) (represented by: J. Gray and R. Mallinson, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 March 2011 (Case R 355/2009-2) relating to invalidity proceedings between FIG LLC and Fortress Investment Group (UK), on the one hand, and Fortress Participations BV, on the other.

Operative part of the order







1.


There is no longer any need to adjudicate on the present action.










2.


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






(1)  OJ C 238, 13.8.2011.
Case T-314/11: Action brought on 17 June 2011 — Fortress Participations v OHIM — Fortress Investment Group and Fortress Investment Group (UK) (FORTRESS)
Date: 2011-06-17
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), investment company, trade-mark law








C_2011238EN.01003203.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/32





Action brought on 17 June 2011 — Fortress Participations v OHIM — Fortress Investment Group and Fortress Investment Group (UK) (FORTRESS)
(Case T-314/11)
2011/C 238/55
Language in which the application was lodged: English

Parties


Applicant: Fortress Participations BV (Rotterdam, Netherlands) (represented by: M.L.J. van de Braak, lawyer, B. Ladas, Solicitor, and S. Malynicz, Barrister)

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

Other parties to the proceedings before the Board of Appeal: Fortress Investment Group LLC (New York, USA) and Fortress Investment Group (UK) Ltd (London, United Kingdom)

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 1 April 2011 in case R 354/2009-2; and










—


Order the defendant and the other parties to the proceedings to pay their own costs of the proceedings before the Office and the General Court and pay those of the applicant.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘FORTRESS’, claiming the colours red, black and white, for services in classes 35, 36 and 42 — Community trade mark registration No 3398451

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other parties to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The parties requesting the declaration of invalidity grounded their request on relative grounds for invalidity pursuant to Articles 53(1)(c) in conjunction with Article 8(4) of Council Regulation (EC) No 207/2009. It was also based on United Kingdom non registered trade marks ‘FORTRESS’, ‘FORTRESS INVESTMENTS’, and ‘FORTRESS INVESTMENT GROUP’, used in the course of trade.

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Article 8(4) of Council Regulation (EC) No 207/2009, as the Board of Appeal failed properly to analyse the question of goodwill under the UK law of passing off and failed properly to assess the risk of misrepresentation and consequent damage.
Reserve list — Open competition — EPSO/AD/189/10 (grade AD 7) — Interpreters for Bulgarian (BG) — English-language (EN) interpreters — Dutch-language (NL) interpreters — Interpreters for Romanian (RO) — Interpreters for Slovenian (SL)
Date: 2011-06-17
Institutions: European Commission
Subjects: EPSO, administrative competition, invitation to tender, translation








CA2011177EN.01000201.xml










17.6.2011   


EN


Official Journal of the European Union


CA 177/2





RESERVE LIST (1)

OPEN COMPETITION
EPSO/AD/189/10 (GRADE AD 7)






—


INTERPRETERS FOR BULGARIAN (BG)










—


ENGLISH-LANGUAGE (EN) INTERPRETERS










—


DUTCH-LANGUAGE (NL) INTERPRETERS










—


INTERPRETERS FOR ROMANIAN (RO)










—


INTERPRETERS FOR SLOVENIAN (SL)




(2011/C 177 A/02)






ANTONESCU


Andreea-Georgiana




BURIN


Christopher




CHERATA


Victor




CHICHMANOVA


Violeta




DE WEERT


Leen




DRAGOMIRESCU


Dina Alexandra




DUPIRE


Carine




ESTÉVEZ GIL


Javier




FILOTI


Diana-Madalina




GAVRILESCU


Anca-Monica




GEMUEND


Sigrun




HEYLEN


Tina




HIGGINS


Katherine




HRISTOVA


Sashka




IVANOVA


Irina




MARCU


Maria Roxana




MIHAYLOVA


Teodora




NEVILLE


Darren




POLLINI


Silvia




RUITER


Remco Peter Johan




SALICI


Giovanni




SHEPPERSON


Peter




SIMONFI


Kristina Maria




SIMONS


Kristel




SLABBEKOORN


Cornelis Marinus (Martin)




SOTLAR


Alja




STAMATOPOL BRANZA


Mona




STANCU


Madalina-Monica




TIFRAC-STOIAN


Ana-Laura




URSU


Dona




VANDECASTEELE


Daniele




WOODMAN


Nicholas John




ZUMER


Katja




The reserve list will be valid until 23 March 2012 and may be extended.


(1)  A successful candidate may explicitly request her/his name not be published.