do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 764/2011 of 29 July 2011 entering a name in the register of protected designations of origin and protected geographical indications [Bœuf de Vendée (PGI)]
Date: 2011-07-29
Institutions: European Commission
Subjects: France, beef, designation of origin, fresh meat, product designation








L_2011200EN.01000801.xml










3.8.2011   


EN


Official Journal of the European Union


L 200/8








            COMMISSION IMPLEMENTING REGULATION (EU) No 764/2011
of 29 July 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Bœuf de Vendée (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 ‧Bœuf de Vendée‧ 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 312, 17.11.2010, p. 19.




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

Class 1.1.   Fresh meat (and offal)

FRANCE
Bœuf de Vendée (PGI)
Information communicated by Member States regarding closure of fisheries
Date: 2011-07-29
Institutions: European Commission
Subjects: EU waters, Portugal, catch of fish, common fisheries policy, international waters, sea fish








C_2011223EN.01000701.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/7





Information communicated by Member States regarding closure of fisheries
2011/C 223/06
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.6.2011




Duration


10.6.2011-31.12.2011




Member State


Portugal




Stock or Group of stocks


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case COMP/M.6183 — MAHLE/BEHR) Text with EEA relevance
Date: 2011-07-29
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, motor vehicle, motor vehicle industry, vehicle parts








C_2011223EN.01000101.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/1





Non-opposition to a notified concentration
(Case COMP/M.6183 — MAHLE/BEHR)
(Text with EEA relevance)
2011/C 223/01
On 23 June 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 German 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 32011M6183. EUR-Lex is the on-line access to the European law.
Case T-416/11: Action brought on 29 July 2011 — Biotronik SE v OHIM — Cardios Sistemas (CARDIO MANAGER)
Date: 2011-07-29
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011298EN.01002102.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/21





Action brought on 29 July 2011 — Biotronik SE v OHIM — Cardios Sistemas (CARDIO MANAGER)
(Case T-416/11)
2011/C 298/39
Language in which the application was lodged: German

Parties


Applicant: Biotronik SE & Co. KG (Berlin, Germany) (represented by: A. Reich and S. Pietzcker, lawyers)

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

Other party to the proceedings before the Board of Appeal: Cardios Sistemas Comercial e Industrial Ltda (Sao Paulo, Brazil)

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27.5.2011 in Case R 1156/2010-2;










—


allow the opposition to the Community trade mark application No 5378071 in respect of all goods in Class 9 and in Class 10;










—


alternatively, refer the opposition back to the Office for Harmonisation in the Internal Market for further consideration in accordance with the judgment of the General Court;










—


order the Office for Harmonisation in the Internal Market to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Cardios Sistemas Comercial e Industrial Ltda.

Community trade mark concerned: Word mark ‘CARDIO MANAGER’ for goods in Classes 9 and 10 — Registration No 5 378 071.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Word mark ‘Cardiomessenger’ for goods in Classes 9 and 10.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: First, infringement of Article 42(2) and (3) of Regulation No 207/2009 in conjunction with Rule 22(3) and (4) of Regulation No 2868/95, because proof of the place, time and also the extent and nature of the use of the mark ‘Cardiomessenger’ was provided and, secondly, infringement of Article 8(1)(b) and Article 41 of Regulation No 207/2009, because there is no likelihood of confusion between the marks at issue.
Case T-292/11 R: Order of the President of the General Court of 29 July 2011 — Cemex and Others v Commission (Interim measures — Competition — Request for information Article 18(3) of Regulation (EC) No 1/2003 — Application for suspension of application — Lack of urgency)
Date: 2011-07-29
Institutions: General Court
Subjects: European Commission, access to information, competition law, disclosure of information, infringement of EU law, tax inspection








C_2011282EN.01002302.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 — Cemex and Others v Commission
(Case T-292/11 R)
(Interim measures - Competition - Request for information Article 18(3) of Regulation (EC) No 1/2003 - Application for suspension of application - Lack of urgency)
2011/C 282/48
Language of the case: Spanish

Parties


Applicants: Cemex S.A.B. de C.V. (Monterrey, Mexico), New Sunward Holding BV (Amsterdam, The Netherlands), Cemex España, SA (Madrid, Spain), CEMEX Deutschland AG (Ratingen, Germany), Cemex UK (Egham, Surrey, United Kingdom), CEMEX Czech Operations s.r.o. (Prague, Czech Republic), Cemex France Gestion (Rungis, France) and CEMEX Austria AG (Langenzersdorf, Austria) (represented by: J. Folguera Crespo, P. Vidal Martínez, H. González Durántez and B. Martínez, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier, F. Castilla Contreras and C. Hödlmayr, acting as Agents, assisted by J. Rivas, lawyer)

Re:

Application for suspension of application of Commission Decision C(2001) 2360 final of 30 March 2011 in proceedings 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 suspension of application is rejected.










2.


The costs are reserved.
Commission Implementing Regulation (EU) No 766/2011 of 29 July 2011 entering a name in the register of protected designations of origin and protected geographical indications [Ξύγαλο Σητείας (Xygalo Siteias)/Ξίγαλο Σητείας (Xigalo Siteias) (PDO)]
Date: 2011-07-29
Institutions: European Commission
Subjects: Greece, cheese, designation of origin, product designation








L_2011200EN.01001201.xml










3.8.2011   


EN


Official Journal of the European Union


L 200/12








            COMMISSION IMPLEMENTING REGULATION (EU) No 766/2011
of 29 July 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Ξύγαλο Σητείας (Xygalo Siteias)/Ξίγαλο Σητείας (Xigalo Siteias) (PDO)]


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, Greece’s application to register the name ‧Ξύγαλο Σητείας (Xygalo Siteias)/Ξίγαλο Σητείας (Xigalo Siteias)‧ 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 312, 17.11.2010, p. 25.




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

Class 1.3.   Cheeses

GREECE
Ξύγαλο Σητείας (Xygalo Siteias)/Ξίγαλο Σητείας (Xigalo Siteias) (PDO)
Prior notification of a concentration (Case COMP/M.6303 — Antin Infrastructure Partners FCPR/RREEF Pan European Infrastructure Fund LP/Andasol-1 Central Thermosolar Uno, SA AND Andasol-2 Central Thermosolar, Dos SA) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-07-29
Institutions: European Commission
Subjects: economic concentration, energy industry, investment company, merger control, real estate business








C_2011223EN.01002101.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/21





Prior notification of a concentration
(Case COMP/M.6303 — Antin Infrastructure Partners FCPR/RREEF Pan European Infrastructure Fund LP/Andasol-1 Central Thermosolar Uno, SA AND Andasol-2 Central Thermosolar, Dos SA)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 223/12






1.


On 20 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 Antin Infrastructure Partners FCPR (‘Antin’, France)and RREEF Pan European Infrastructure Fund LP (‘RREFF’, England) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Andasol-1 Central Termosolar Uno, SA and Andasol-2 Central Termosolar Dos, SA (together referred to as Andasol-1&2, both of Spain), two existing companies, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Antin: Investment fund active in European infrastructure,










—


for RREEF: Investment fund active, inter alia, in European infrastructure,










—


for Andasol-1&2: Production of electricity in Spain using solar thermal technology.














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.6303 — Antin Infrastructure Partners FCPR/RREEF Pan European Infrastructure Fund LP/Andasol-1 Central Thermosolar Uno, SA AND Andasol-2 Central Thermosolar, Dos SA, 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-296/11 R: Order of the President of the General Court of 29 July 2011 — Cementos Portland Valderrivas 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: access to information, cement, competition law, disclosure of information, tax inspection








C_2011282EN.01002401.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/24





Order of the President of the General Court of 29 July 2011 — Cementos Portland Valderrivas v Commission
(Case T-296/11 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 282/50
Language of the case: Spanish

Parties


Applicant: Cementos Portland Valderrivas, SA (Pamplona, Spain) (represented by: L. Ortiz Blanco, lawyer)

Defendant: European Commission (represented by: F. Castilla Contreras, C. Urraca Caviedes and C. Hödlmayr, acting as Agents, and J. Rivas, lawyer)

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-302/11 R: Order of the President of the General Court of 29 July 2011 — HeidelbergCement 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: access to information, cement, competition law, disclosure of information, tax inspection








C_2011282EN.01002402.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/24





Order of the President of the General Court of 29 July 2011 — HeidelbergCement v Commission
(Case T-302/11 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 282/51
Language of the case: German

Parties


Applicant: HeidelbergCement AG (Heidelberg, Germany) (represented by: U. Denzel, T. Holzmüller and P. Pichler, 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-419/11: Action brought on 29 July 2011 — Ellinika Touristika Akinita v Commission
Date: 2011-07-29
Institutions: General Court
Subjects: Greece, State aid, application of EU law, control of State aid, gaming establishment, interpretation of the law








C_2011282EN.01004301.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/43





Action brought on 29 July 2011 — Ellinika Touristika Akinita v Commission
(Case T-419/11)
2011/C 282/80
Language of the case: Greek

Parties


Applicant: Ellinika Touristika Akinita A.E. (Athens, Greece) (represented by: N. Fragkakis, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


allow the application in its entirety;










—


annul and set aside the contested decision of the Commission addressed to the Hellenic Republic;










—


order that any sum that may have been ‘recovered’ directly or indirectly from the applicant in implementation of the contested decision be refunded with interest;










—


order the Commission to pay the applicant’s costs.





Pleas in law and main arguments

By the present action, the applicant seeks the annulment of Commission Decision C(2011) 3504 final of 24 May 2011 relating to State aid to certain Greek casinos, No C 16/2010 (ex NN 22/2010, ex CP 318/2009), which was implemented by the Hellenic Republic.
The applicant puts forward the following grounds for annulment.
The first ground is derived from the incorrect interpretation and application of Article 107(1) TFEU and insufficient reasoning in breach of Article 296 TFEU. In particular, the measure under consideration: (i) does not ensure an economic advantage for the casino of Parnitha and that of Corfu through the transfer of State resources, (ii) is not selective in nature and (iii) is not capable of affecting trade between Member States and does not distort or threaten to distort competition.
The second ground is derived from the incorrect interpretation and application of Article 14(1)(a) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1). In particular: (i) the recovery of unlawful State aid can be sought only from the actual beneficiaries of the aid and (ii) there is no identity between the actual beneficiaries of the measure at issue (the casinos’ customers) and the persons to which the order for recovery is addressed (the casinos of Corfu, Parnitha and Thessaloniki), which were not charged for admission tickets.
The third ground is derived from the incorrect interpretation and application of Article 14(1)(b) of that regulation. Recovery of the aid at issue is contrary to: (i) the principle of the protection of legitimate expectations and (ii) the principle of proportionality.
Case C-411/11 P: Appeal brought on 29 July 2011 by Zdeněk Altner against the order of the General Court (Fourth Chamber) delivered on 6 July 2011 in Case T-190/11 Altner v Commission
Date: 2011-07-29
Institutions: Court of Justice
Subjects: independence of the judiciary, infringement procedure (EU), judicial proceedings, lawyer








C_2012065EN.01000201.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/2





Appeal brought on 29 July 2011 by Zdeněk Altner against the order of the General Court (Fourth Chamber) delivered on 6 July 2011 in Case T-190/11 Altner v Commission
(Case C-411/11 P)
2012/C 65/02
Language of the case: Czech

Parties


Appellant: Zdeněk Altner (represented by: J. Čapek, advokát)

Other party to the proceedings: European Commission
By order of 15 December 2012 the Court of Justice (Fifth Chamber) dismissed the appeal and ordered Z. Altner to bear his own costs.
Non-opposition to a notified concentration (Case COMP/M.6184 — Indorama/Sinterama/Trevira) Text with EEA relevance
Date: 2011-07-29
Institutions: European Commission
Subjects: economic concentration, exchange of information, man-made fibre, textile industry








C_2011223EN.01000201.xml










29.7.2011   


EN


Official Journal of the European Union


C 223/2





Non-opposition to a notified concentration
(Case COMP/M.6184 — Indorama/Sinterama/Trevira)
(Text with EEA relevance)
2011/C 223/03
On 9 June 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 32011M6184. EUR-Lex is the on-line access to the European law.