do-me/EUR-LEX huggingface dataset:
Case T-364/11: Action brought on 12 July 2011 — Arla Foods v OHIM — Artax (Lactofree)
Date: 2011-07-12
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, registered trade mark








C_2011282EN.01002601.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/26





Action brought on 12 July 2011 — Arla Foods v OHIM — Artax (Lactofree)
(Case T-364/11)
2011/C 282/55
Language in which the application was lodged: English

Parties


Applicant: Arla Foods AMBA (Viby J, Denmark) (represented by: J. Hansen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Artax Beteiligungs- und Vermögensverwaltungs AG (Linz, Austria)

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 18 April 2011 in case R 1357/2009-2, and Community trade mark registration No 4647533 be declared invalid for goods in classes 5, 29, 30 and 32 in accordance with the decision of the Cancellation Division of 11 September 2009; and










—


Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings before the Cancellation Division, before the Board of Appeal and before the General Court.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘Lactofree’, for goods in classes 5, 29, 30 and 32 — Community trade mark registration No 4647533

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity grounded its request pursuant to Articles 53(1)(a) and 8(1)(b) of Council Regulation (EC) No 207/2009, which was based on the earlier Community trade mark registration No 4532751 for the figurative mark (in colour) ‘lactofree’, for goods in class 29

Decision of the Cancellation Division: Upheld the cancellation for a part of the goods

Decision of the Board of Appeal: Annulled the decision of the Cancellation Division and dismissed the request for a declaration of invalidity

Pleas in law: Infringement of Articles 53(1)(a) and 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erred in its evaluation of the comparison of the signs and thus in the overall assessment as to the likelihood of confusion between the figurative marks ‘lactofree’ and ‘Lactofree’.
Case T-112/07: Judgment of the General Court of 12 July 2011 — Hitachi and Others v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing — Rights of the defence — Proof of the infringement — Single and continuous infringement — Fines — Gravity and duration of the infringement — Deterrent effect — Cooperation)
Date: 2011-07-12
Institutions: General Court
Subjects: energy industry, exchange of information, fine, fixing of prices, restriction on competition, trade information








C_2011252EN.01003001.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/30





Judgment of the General Court of 12 July 2011 — Hitachi and Others v Commission
(Case T-112/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Single and continuous infringement - Fines - Gravity and duration of the infringement - Deterrent effect - Cooperation)
2011/C 252/70
Language of the case: English

Parties


Applicants: Hitachi Ltd (Tokyo, Japan); Hitachi Europe Ltd (Maidenhead, United Kingdom); and Japan AE Power Systems Corp. (Tokyo) (represented by: M. Reynolds, P. Mansfield and B. Roy, Solicitors, D. Arts, lawyer, N. Green QC, and S. Singla, Barrister)

Defendant: European Commission (represented by: initially F. Arbault, then X. Lewis, and subsequently P. Van Nuffel and J. Bourke, and finally P. Van Nuffel, N. Khan and F. Ronkes Agerbeek, Agents, assisted by J. Holmes, Barrister)

Re:

APPLICATION, primarily, for the annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent to which it concerns the applicants and annulment of the fines imposed on them and, in the alternative, for the annulment of Article 2 of that decision to the extent to which it concerns the applicants and, in the further alternative, for the annulment or a reduction of the fines imposed on the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the applicants to pay the costs.






(1)  OJ C 129, 9.6.2007.
Prior notification of a concentration (Case COMP/M.6200 — APMM/Bolloré/Douala International Terminal JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-07-12
Institutions: European Commission
Subjects: container, economic concentration, exchange of information, merger control, transport market








C_2011206EN.01001901.xml










12.7.2011   


EN


Official Journal of the European Union


C 206/19





Prior notification of a concentration
(Case COMP/M.6200 — APMM/Bolloré/Douala International Terminal JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 206/11






1.


On 5 July 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 A.P. Møller-Mærsk A/S (‘APMM’, Denmark) and Bolloré SA (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Douala International Terminal (Cameroon) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for APMM: containerised liner shipping; terminal services; inland transportation; logistics; harbour towage; tankers; oil and gas exploration and production; retail; air transport,










—


for Bolloré SA: transportation and logistic services; manufacture of plastic films, ticket machine terminals, batteries and electric vehicles; fuel distribution; communication and media including advertising; commercialisation of plantations,










—


Douala International Terminal: operation of the shipping container and roll-on/roll-off terminal in the Port of Douala, Cameroon.














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.6200 — APMM/Bolloré/Douala International Terminal 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 F-102/10: Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — Geradon v Council
Date: 2011-07-12
Institutions: Civil Service Tribunal
Subjects: European official, action for annulment, pay, pension scheme








C_2011252EN.01005804.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/58





Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — Geradon v Council
(Case F-102/10) (1)

2011/C 252/133
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 30, 29.1.2011, p. 64.
Council Decision of 12 July 2011 appointing the members and alternate members of the Advisory Committee for the Coordination of Social Security Systems for Greece, Italy, Luxembourg, Hungary and Malta
Date: 2011-07-12
Institutions: Council of the European Union
Subjects: Greece, Hungary, Italy, Luxembourg, Malta, advisory committee (EU), appointment of members, social security, worker (EU)








C_2011208EN.01000401.xml










14.7.2011   


EN


Official Journal of the European Union


C 208/4





COUNCIL DECISION
of 12 July 2011
appointing the members and alternate members of the Advisory Committee for the Coordination of Social Security Systems for Greece, Italy, Luxembourg, Hungary and Malta
2011/C 208/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), and in particular Article 75 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


Regulation (EC) No 883/2004 has established the Advisory Committee for the Coordination of Social Security Systems.










(2)


By its Decisions of 21 October 2010 (2) and 7 March 2011 (3), the Council appointed the members and alternate members of the Advisory Committee for the Coordination of Social Security Systems for the period from 20 October 2010 to 19 October 2015, with the exception of certain members and alternate members.










(3)


The Governments of Greece, Italy, Luxembourg, Hungary and Malta have submitted nominations for a number of posts to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed members and alternate members of the Advisory Committee for the Coordination of Social Security Systems for Greece, Italy, Luxembourg, Hungary and Malta for the period ending on 19 October 2015:
I.   GOVERNMENT REPRESENTATIVES







Country


Members


Alternates




Italy


Ms Maria Grazia CATALDI


Mr Marco Giovanni MARINO




Hungary


Ms Réka KOVÁCS


Ms Zsófia TÓTH




Malta


Mr Mark MUSU’


Ms Karen DEMICOLI







II.   TRADE UNION REPRESENTATIVES







Country


Members


Alternates




Greece


Mr Evaggelos MOUTAFIS


Mr Nikos KOSTOPOULOS




Italy


Mr Claudio SORRENTINO


Mr Michele ZERILLO




Hungary


Ms Emese MOLNÁR


Mr Péter SZABÓ







III.   REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS







Country


Members


Alternates




Greece


Mr Lambros PAPAIOANNOU


Ms Rena BARDANI




Italy


Ms Paola ASTORRI


Mr Paolo RAVAGLI




Luxembourg


Mr François ENGELS


Ms Nathalie WAGNER




Hungary


Ms Terézia BOROSNÉ BARTHA


Mr István KOMORÓCZKI




Article 2
The Council will appoint the members and alternate members who have not yet been nominated at a later date.
Article 3
This Decision shall enter into force on the day of its adoption.

Done at Brussels, 12 July 2011.


For the Council


The President

J. VINCENT-ROSTOWSKI




(1)  OJ L 166, 30.4.2004, p. 1.

(2)  OJ C 290, 27.10.2010, p. 5.

(3)  OJ C 83, 17.3.2011, p. 3.
Case C-537/10 P: Order of the President of the Sixth Chamber of the Court of 12 July 2011 — Deltafina SpA v European Commission
Date: 2011-07-12
Institutions: Court of Justice
Subjects: sanction (EU), tobacco industry, unlawful agreement








C_2011298EN.01001801.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/18





Order of the President of the Sixth Chamber of the Court of 12 July 2011 — Deltafina SpA v European Commission
(Case C-537/10 P) (1)

2011/C 298/32
Language of the case: Italian
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 13, 15.1.2011.
Notice of the expiry of certain anti-dumping measures
Date: 2011-07-12
Institutions: European Commission
Subjects: Belarus, Russia, anti-dumping duty, chemical compound, import, originating product








C_2011206EN.01001801.xml










12.7.2011   


EN


Official Journal of the European Union


C 206/18





Notice of the expiry of certain anti-dumping measures
2011/C 206/10
Further to the publication of a notice of impending expiry (1) following which no request for a review of the measures was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (2) on protection against dumped imports from countries not members of the European Community.
The partial interim reviews which were initiated pursuant to Article 11(3) of Regulation (EC) No 1225/2009 in order to examine the level of injury (3) and the form and level of the measures (4) are terminated accordingly.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (5)





Potassium chloride


Belarus
Russia


Anti-dumping duty
Undertaking
Management system of the quantitative ceiling


Council Regulation (EC) No 1050/2006 (OJ L 191, 12.7.2006, p. 1)
Commission Decision 2005/802/EC as last amended by Commission Decision 2006/557/EC (OJ L 218, 9.8.2006, p. 22)
Commission Regulation (EC) No 1818/2006 (OJ L 349, 12.12.2006, p. 3)


13.7.2011






(1)  OJ C 352, 23.12.2010, p. 15.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  OJ C 323, 30.11.2010, p. 24.

(4)  OJ C 170, 10.6.2011, p. 10.

(5)  The measure expires at midnight of the day mentioned in this column.
Case T-133/07: Judgment of the General Court of 12 July 2011 — Mitsubishi Electric v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing — Rights of the defence — Proof of the infringement — Duration of the infringement — Fines — Starting amount — Reference year — Equal treatment)
Date: 2011-07-12
Institutions: General Court
Subjects: Japan, electrical equipment, electrical industry, fine, restriction on competition, restrictive trade practice








C_2011252EN.01003102.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/31





Judgment of the General Court of 12 July 2011 — Mitsubishi Electric v Commission
(Case T-133/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Duration of the infringement - Fines - Starting amount - Reference year - Equal treatment)
2011/C 252/73
Language of the case: English

Parties


Applicant: Mitsubishi Electric Corp. (Tokyo, Japan) (represented by: R. Denton, Solicitor, and K. Haegeman, lawyer)

Defendant: European Commission (represented by: F. Arbault and J. Samnadda, then X. Lewis, and subsequently P. Van Nuffel and J. Bourke, and finally P. Van Nuffel and N. Khan, Agents)

Re:

APPLICATION, primarily, for the annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent to which it concerns the applicant and TM T & D, in the alternative, for the annulment of Article 2(g) of that decision and Article 2(h) thereof, to the extent to which it concerns the applicant and, in the further alternative, amendment of Article 2 of that decision so as to cancel or, failing which, reduce the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Annuls Article 2(g) and (h) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) in so far as it concerns Mitsubishi Electric Corp;










2.


Dismisses the action as to the remainder;










3.


Orders Mitsubishi Electric to bear three quarters of the costs incurred by the parties before the Court;










4.


Orders the European Commission to bear a quarter of the costs incurred by the parties before the Court.






(1)  OJ C 140, 23.6.2007.
Council Decision 2011/412/CFSP of 12 July 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire
Date: 2011-07-12
Institutions: Council of the European Union
Subjects: Côte d'Ivoire, arms control, arms trade, economic sanctions, international sanctions, trade restriction








L_2011183EN.01002701.xml










13.7.2011   


EN


Official Journal of the European Union


L 183/27








            COUNCIL DECISION 2011/412/CFSP
of 12 July 2011
         
amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 29 October 2010, the Council adopted Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (1).












(2)


On 28 April 2011, the United Nations Security Council adopted a Resolution, UNSCR 1980 (2011), which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004), paragraph 5 of UNSCR 1946 (2010) and paragraph 12 of UNSCR 1975 (2011) until 30 April 2012, and which amended the restrictive measures on arms.












(3)


In addition to the exemptions to the arms embargo provided for in UNSCR 1980 (2011), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union.












(4)


Decision 2010/656/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 2 of Decision 2010/656/CFSP is hereby amended as follows:






(1)


point (e) is replaced by the following:






‘(e)


the sale, supply, transfer or export of arms and related material and technical training and assistance intended solely for the support of the Ivorian process of Security Sector Reform, pursuant to a formal request by the Ivorian Government, as approved in advance by the Sanctions Committee;’;














(2)


the following point is added:






‘(g)


the sale, supply, transfer or export of equipment capable of being used for internal repression and which is intended solely for the support of the Ivorian process of Security Sector Reform, as well as the provision of financing, financial assistance or technical assistance and training related to such equipment.’.










Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 12 July 2011.


For the Council


The President

J. VINCENT-ROSTOWSKI
            





(1)  
            OJ L 285, 30.10.2010, p. 28.
2011/620/EU: Council Decision of 12 July 2011 on the signing, on behalf of the Union, of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs
Date: 2011-07-12
Institutions: Council of the European Union
Subjects: Georgia, agreement (EU), agricultural product, designation of origin, foodstuff








L_2011243EN.01000101.xml










21.9.2011   


EN


Official Journal of the European Union


L 243/1








            COUNCIL DECISION
         
of 12 July 2011
         
on the signing, on behalf of the Union, of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs
(2011/620/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Commission has negotiated, on behalf of the Union, an Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs (the ‘Agreement’).












(2)


The Agreement will enable the reciprocal protection of the geographical indications of the respective Parties and will contribute to the approximation of legislation among the EU neighbouring countries.












(3)


The Agreement should be signed,





HAS ADOPTED THIS DECISION:



Article 1
The signing of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 12 July 2011.


For the Council


The President

J. VINCENT-ROSTOWSKI
            





(1)  The text of the Agreement will be published together with the decision on its conclusion.
Information concerning the entry into force of the Agreement between the European Union and the Government of the Faeroe Islands on Scientific and Technological Cooperation
Date: 2011-07-12
Institutions: Council of the European Union
Subjects: Faroes, cooperation agreement (EU), scientific cooperation, signature of an agreement, technical cooperation, technology








L_2011182EN.01000101.xml










12.7.2011   


EN


Official Journal of the European Union


L 182/1







Information concerning the entry into force of the Agreement between the European Union and the Government of the Faeroe Islands on Scientific and Technological Cooperation

The Agreement between the European Union and the Government of the Faeroes on Scientific and Technological Cooperation (1), signed on 3 June 2010, has, in accordance with Article 5(2) thereof, entered into force on 28 June 2011.


(1)  
            OJ L 245, 17.9.2010, p. 2.