do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6326 — Stanley Black & Decker/Niscayah Group) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-07-29
Institutions: European Commission
Subjects: economic concentration, machine-tool industry, merger control, security services








C_2011223EN.01002001.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/20





Prior notification of a concentration
(Case COMP/M.6326 — Stanley Black & Decker/Niscayah Group)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 223/11






1.


On 22 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 undertaking Stanley Black & Decker, Inc. (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Niscayah Group AB (Sweden) by way of public bid announced on 27 June 2011.










2.


The business activities of the undertakings concerned are:






—


Stanley Black & Decker: hard tools and engineered solutions for industrial, construction, do-it yourself (DIY) use, fastening and assembly systems, and security solutions mainly for commercial applications,










—


Niscayah Group AB: fire protection solutions, video-surveillance systems, access control equipment, as well as installation, maintenance, monitoring and alarm response 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.6326 — Stanley Black & Decker/Niscayah 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-293/11 R: Order of the President of the General Court of 29 July 2011 — Holcim (Deutschland) and Holcim v Commission (Interim relief — Competition — Request for information — Article 18(3) of Regulation (EC) No 1/2003 — Application for stay of execution — Lack of urgency)
Date: 2011-07-29
Institutions: General Court
Subjects: European Commission, access to information, competition law, disclosure of information, group of companies, tax inspection








C_2011282EN.01002303.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/23





Order of the President of the General Court of 29 July 2011 — Holcim (Deutschland) and Holcim v Commission
(Case T-293/11 R)
(Interim relief - Competition - Request for information - Article 18(3) of Regulation (EC) No 1/2003 - Application for stay of execution - Lack of urgency)
2011/C 282/49
Language of the case: German

Parties


Applicants: Holcim AG (Hamburg, Germany) and Holcim Ltd (Rapperswil-Jona, Switzerland) (represented by: P. Niggemann and K. Gaßner, lawyers)

Defendant: European Commission (represented by: M. Kellerbauer, R. Sauer and C. Hödlmayr, acting as Agents)

Re:

Application for a stay of execution of Commission Decision C(2011) 2363 final of 30 March 2011 concerning a proceeding pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 — Cement and related products)

Operative part of the order







1.


The application for interim relief is rejected.










2.


Costs are reserved.
Case T-400/11: Action brought on 29 July 2011 — Altadis v Commission
Date: 2011-07-29
Institutions: General Court
Subjects: State aid, control of State aid, shareholding, tax system








C_2011282EN.01003701.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/37





Action brought on 29 July 2011 — Altadis v Commission
(Case T-400/11)
2011/C 282/72
Language of the case: Spanish

Parties


Applicant: Altadis, SA (Madrid, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero, and M. Muñoz de Juan, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


admit and uphold the request for evidence;










—


admit and uphold the pleas for annulment contained in the application;










—


annul Article 1(1) of the contested decision in so far as it declares that Article 12(5) of the Texto Refundido de la Ley del Impuesto sobre Sociedades (‘TRLIS’) (consolidated text of the Law on Corporation Tax) contains elements of State aid when it applies to acquisitions of shareholdings entailing acquisition of control;










—


alternatively, annul Article 4 of the contested decision in so far as it makes the recovery order applicable to transactions completed prior to the publication in the Official Journal of the European Union of the final decision which is the subject-matter of this action;










—


alternatively, annul Article 1(1), and in the further alternative Article 4, of the contested decision in so far as they relate to transactions in Morocco;










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

This action is brought against Commission Decision C(2010) 9566 of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions.
The pleas in law and main arguments are those already raised in Case T-399/11 Banco de Santander and Santusa Holding v Commission.
Case T-405/11: Action brought on 29 July 2011 — Axa Mediterranean v Commission
Date: 2011-07-29
Institutions: General Court
Subjects: State aid, control of State aid, holding company, shareholding, tax system








C_2011282EN.01004001.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/40





Action brought on 29 July 2011 — Axa Mediterranean v Commission
(Case T-405/11)
2011/C 282/75
Language of the case: Spanish

Parties


Applicant: Axa Mediterranean Holding, SA (Palma de Mallorca, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and M. Muñoz de Juan, lawyers)

Defendant: European Commission

Form of order sought







—


Admit and uphold the request for the taking of evidence;










—


admit and uphold the grounds for annulment set out in this application;










—


annul Article 1(1) of the Decision insofar as it declares that Article 12(5) of the Spanish Law on corporation tax comprises elements of State aid;










—


alternatively, annul Article 1(1) of the Decision insofar as it declares that Article 12(5) of the Spanish Law on corporation tax comprises elements of State aid when applied to shareholding acquisitions that involve acquisition of control;










—


alternatively, annul Article 4 of the Decision insofar as it applies the recovery order to transactions concluded prior to publication in the OJEU of the final Decision to which this action refers;










—


alternatively, annul Article 1(1) and, alternatively, Article 4 of the Decision insofar as it refers to transactions carried out in Mexico and Turkey, and










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

The present action is directed against Commission Decision C(2010) 9566, of 12 January 2011, on the tax amortisation of financial goodwill for foreign shareholding acquisitions.
The pleas and main arguments are those already put forward in Case T-399/11, Banco de Santander and Santusa Holding v Commission.
Euro exchange rates
Date: 2011-07-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2011223EN.01000301.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/3





Euro exchange rates (1)

28 July 2011
2011/C 223/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4260




JPY


Japanese yen


110,86




DKK


Danish krone


7,4497




GBP


Pound sterling


0,87390




SEK


Swedish krona


9,0735




CHF


Swiss franc


1,1437




ISK


Iceland króna


 




NOK


Norwegian krone


7,7245




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,215




HUF


Hungarian forint


268,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7096




PLN


Polish zloty


4,0150




RON


Romanian leu


4,2505




TRY


Turkish lira


2,3955




AUD


Australian dollar


1,2931




CAD


Canadian dollar


1,3521




HKD


Hong Kong dollar


11,1110




NZD


New Zealand dollar


1,6356




SGD


Singapore dollar


1,7169




KRW


South Korean won


1 499,62




ZAR


South African rand


9,5543




CNY


Chinese yuan renminbi


9,1874




HRK


Croatian kuna


7,4604




IDR


Indonesian rupiah


12 125,04




MYR


Malaysian ringgit


4,2145




PHP


Philippine peso


60,176




RUB


Russian rouble


39,4050




THB


Thai baht


42,409




BRL


Brazilian real


2,2277




MXN


Mexican peso


16,6187




INR


Indian rupee


62,8840






(1)  Source: reference exchange rate published by the ECB.
Case T-414/11: Action brought on 29 July 2011 — Nutrichem Diät + Pharma v OHIM — Gervais Danone (Active)
Date: 2011-07-29
Institutions: General Court
Subjects: EU trade mark, food production, registered trade mark, trade-mark law








C_2011298EN.01002002.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/20





Action brought on 29 July 2011 — Nutrichem Diät + Pharma v OHIM — Gervais Danone (Active)
(Case T-414/11)
2011/C 298/37
Language in which the application was lodged: German

Parties


Applicant: Nutrichem Diät + Pharma GmbH (Roth, Germany) (represented by: D. Jochim and R. Egerer, lawyers)

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

Other party to the proceedings before the Board of Appeal: Compagnie Gervais Danone (Levallois Perret, France)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2011 in Case R 683/2010-1;










—


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: the figurative mark containing the word element ‘Active’ for goods in Classes 5, 29 and 32 — application No 3 423 316.

Proprietor of the mark or sign cited in the opposition proceedings: Compagnie Gervais Danone.

Mark or sign cited in opposition: the national word mark ‘ACTIVIA’ for goods in Classes 5, 29, 30 and 32.

Decision of the Opposition Division: the opposition was upheld.

Decision of the Board of Appeal: the appeal was dismissed.

Pleas in law: Infringement (i) of Article 76 of Regulation No 207/2009 in conjunction with Rule 50(1) and Rule 19(1) and (3) of Regulation No 2868/95 as the Board of Appeal incorrectly assumed that the earlier mark has average distinctive character; (ii) of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue; and (iii) of Article 76 of Regulation No 207/2009 as the parallel decisions of the German Patent and Trade Mark Office and of other national authorities, cited by the applicant, were not taken into account when the defendant took its decision.
Case T-406/11: Action brought on 29 July 2011 — Prosegur Compañía de Seguridad v Commission
Date: 2011-07-29
Institutions: General Court
Subjects: State aid, control of State aid, shareholding, tax system








C_2011282EN.01004002.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/40





Action brought on 29 July 2011 — Prosegur Compañía de Seguridad v Commission
(Case T-406/11)
2011/C 282/76
Language of the case: Spanish

Parties


Applicant: Prosegur Compañía de Seguridad, S.A. (Madrid, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro and M. Muñoz de Juan, lawyers)

Defendant: European Commission

Form of order sought







—


Admit and uphold the request for the taking of evidence;










—


admit and uphold the grounds for annulment set out in this application;










—


annul Article 1(1) of the Decision insofar as it declares that Article 12(5) of the Spanish Law on corporation tax comprises elements of State aid;










—


alternatively, annul Article 1(1) of the Decision insofar as it declares that Article 12(5) of the Spanish Law on corporation tax comprises elements of State aid when applied to shareholding acquisitions that involve acquisition of control;










—


alternatively, annul Article 4 of the Decision insofar as it applies the recovery order to transactions concluded prior to publication in the OJEU of the final Decision to which this action refers;










—


alternatively, annul Article 1(1) and, alternatively, Article 4 of the Decision insofar as it refers to transactions carried out in Argentina, Peru and Colombia;










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

The present action is directed against Commission Decision C(2010) 9566, of 12 January 2011, on the tax amortisation of financial goodwill for foreign shareholding acquisitions.
The pleas and main arguments are those already put forward in Case T-399/11, Banco de Santander and Santusa Holding v Commission.
Case C-406/11 P: Appeal brought on 29 July 2011 by Atlas Transport GmbH against the judgment of the General Court (Third Chamber) delivered on 16 May 2011 in Case T-145/08 Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs): other party: Atlas Air Inc.
Date: 2011-07-29
Institutions: Court of Justice
Subjects: EU trade mark, air transport, registered trade mark, trade-mark law








C_2011311EN.01002001.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/20





Appeal brought on 29 July 2011 by Atlas Transport GmbH against the judgment of the General Court (Third Chamber) delivered on 16 May 2011 in Case T-145/08 Atlas Transport GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs): other party: Atlas Air Inc.
(Case C-406/11 P)
2011/C 311/33
Language of the case: German

Parties


Appellant: Atlas Transport GmbH (represented by: K. Schmidt-Hern, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Atlas Air Inc.

Form of order sought







—


Set aside the judgment of the General Court of the European Union of 16 May 2011 in Case T-145/08;










—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 January 2008 (Case R 1023/2007-1);










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs of both legal proceedings.





Pleas in law and main arguments

By the contested decision, OHIM and the General Court infringed the third sentence of Article 59 of the Regulation on the Community trade mark (old version) which governs the obligation to state the grounds of appeal. By the contested decision, OHIM and the General Court also infringed Article 60 of the Regulation on the Community trade mark in conjunction also with Rule 20(7) of the Regulation implementing the Regulation on the Community trade mark, as well as established legal principles of the Member States. The proceedings before OHIM should imperatively have been stayed, meaning that the time-limit for bringing the appeal has not yet expired.
Commission Implementing Regulation (EU) No 765/2011 of 29 July 2011 entering a name in the register of protected designations of origin and protected geographical indications [Porc d'Auvergne (PGI)]
Date: 2011-07-29
Institutions: European Commission
Subjects: Auvergne, France, designation of origin, fresh meat, pigmeat, product designation








L_2011200EN.01001001.xml










3.8.2011   


EN


Official Journal of the European Union


L 200/10








            COMMISSION IMPLEMENTING REGULATION (EU) No 765/2011
of 29 July 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Porc d'Auvergne (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, France's application to register the name ‘Porc d'Auvergne’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 July 2011.


For the Commission, On behalf of the President,
Dacian CIOLOŞ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 311, 16.11.2010, p. 18.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

FRANCE
Porc d'Auvergne (PGI)
Prior notification of a concentration (Case COMP/M.6225 — Molaris/Commerz Real/RWE/Amprion) Text with EEA relevance
Date: 2011-07-29
Institutions: European Commission
Subjects: economic concentration, energy industry, industrial manufacturing, investment company, merger control, technology








C_2011223EN.01001901.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/19





Prior notification of a concentration
(Case COMP/M.6225 — Molaris/Commerz Real/RWE/Amprion)
(Text with EEA relevance)
2011/C 223/10






1.


On 15 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 M 31 Beteiligungsgesellschaft mbh & Co. Energie KG (‘Colmar’, Germany), acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Amprion GmbH (‘Amprion’, Germany), by way of share purchase and contract. Colmar is jointly controlled by Molaris Vermietungs- und Verwaltungsgesellschaft mbH (‘Molaris’, Germany), ultimately controlled by several private persons, and Commerz Real AG, ultimately controlled by Commerzbank AG (‘Commerzbank’, Germany). Currently, Amprion is solely controlled by RWE.










2.


The business activities of the undertakings concerned are:






—


for undertaking RWE: electricity generation, energy trading, gas and electricity transport and supply,










—


for undertaking Commerzbank: financial services,










—


for undertaking Colmar: holding a share stake in and exercising joint control over Amprion,










—


Molaris: renting and management of real estate,










—


for undertaking Amprion: electricity transmission system operator.














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.6225 — Molaris/Commerz Real/RWE/Amprion, 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’).
Non-opposition to a notified concentration (Case COMP/M.6123 — ArcelorMittal Bremen/Kokerei Prosper/Arsol Aromatics) Text with EEA relevance
Date: 2011-07-29
Institutions: European Commission
Subjects: chemical compound, economic concentration, exchange of information, merger control, steel








C_2011223EN.01000102.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/1





Non-opposition to a notified concentration
(Case COMP/M.6123 — ArcelorMittal Bremen/Kokerei Prosper/Arsol Aromatics)
(Text with EEA relevance)
2011/C 223/02
On 27 May 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 32011M6123. EUR-Lex is the on-line access to the European law.