do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6337 — Citic Dicastal Wheel Manufacturing/KSM Castings) Text with EEA relevance
Date: 2011-10-06
Institutions: European Commission
Subjects: economic concentration, energy industry, financial services, merger control, non-ferrous metal, processing industry, real property, safety device, subcontracting, technology








C_2011294EN.01000101.xml










6.10.2011   


EN


Official Journal of the European Union


C 294/1





Non-opposition to a notified concentration
(Case COMP/M.6337 — Citic Dicastal Wheel Manufacturing/KSM Castings)
(Text with EEA relevance)
2011/C 294/01
On 28 September 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 32011M6337. EUR-Lex is the on-line access to the European law.
Case T-176/10: Judgment of the General Court of 6 October 2011 — Seven v OHIM — Seven For All Mankind (SEVEN FOR ALL MANKIND) (Community trade mark — Opposition proceedings — Application for Community word mark SEVEN FOR ALL MANKIND — Earlier Community and international figurative marks containing the word element seven — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
Date: 2011-10-06
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2011340EN.01001801.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/18





Judgment of the General Court of 6 October 2011 — Seven v OHIM — Seven For All Mankind (SEVEN FOR ALL MANKIND)
(Case T-176/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark SEVEN FOR ALL MANKIND - Earlier Community and international figurative marks containing the word element ‘seven’ - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
2011/C 340/35
Language of the case: English

Parties


Applicant: Seven SpA (Leinì, Italy) (represented by: L. Trevisan, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Seven For All Mankind LLC (Vernon, California, United States) (represented by: A. Gautier-Sauvagnac, lawyer, B. Guimberteau, lawyer, M. Choukroun, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 January 2010 (Case R 1514/2008-2) relating to opposition proceedings between Seven SpA and Seven For All Mankind LLC.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 January 2010 (Case R 1514/2008-2);










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to pay the costs incurred by Seven SpA in the proceedings before the General Court and those incurred by Seven SpA for the purposes of the proceedings before the Board of Appeal;










4.


Orders Seven For All Mankind LLC to bear its own costs.






(1)  OJ C 161, 19.6.2010.
Non-opposition to a notified concentration (Case COMP/M.6351 — Ilva/Taranto Energia) Text with EEA relevance
Date: 2011-10-06
Institutions: European Commission
Subjects: economic concentration, energy production, iron and steel industry, merger control, power plant








C_2011294EN.01000201.xml










6.10.2011   


EN


Official Journal of the European Union


C 294/2





Non-opposition to a notified concentration
(Case COMP/M.6351 — Ilva/Taranto Energia)
(Text with EEA relevance)
2011/C 294/03
On 29 September 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 Italian language 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 32011M6351. EUR-Lex is the on-line access to the European law.
Case T-508/08: Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker) (Community trade mark — Application for a three-dimensional Community trade mark — Representation of a loudspeaker — Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal — Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) — Absolute ground for refusal — Sign which consists exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))
Date: 2011-10-06
Institutions: General Court
Subjects: EU trade mark, electronics industry, registered trade mark, trade-mark law








C_2011340EN.01001602.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/16





Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker)
(Case T-508/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Representation of a loudspeaker - Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal - Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) - Absolute ground for refusal - Sign which consists exclusively of the shape which gives substantial value to the goods - Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))
2011/C 340/31
Language of the case: English

Parties


Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented: initially by K. Wallberg and subsequently by J. Glaesel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and G. Schneider, Agents)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 10 September 2008 (Case R 497/2005-1), concerning an application to register a three-dimensional sign representing a loudspeaker as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Bang & Olufsen A/S to pay the costs.






(1)  OJ C 19, 24.1.2009.
Reserve lists — Open competitions — EPSO/AST/103/10 — Assistants (AST 3) — Archive and document management — EPSO/AST/104/10 — Assistants (AST 4) — Nuclear inspection
Date: 2011-10-06
Institutions: European Personnel Selection Office
Subjects: EPSO, competition (EU), information science, nuclear safety








CA2011294EN.01000301.xml










6.10.2011   


EN


Official Journal of the European Union


CA 294/3





RESERVE LISTS (1)

OPEN COMPETITIONS
EPSO/AST/103/10
ASSISTANTS (AST 3) — ARCHIVE AND DOCUMENT MANAGEMENT
EPSO/AST/104/10
ASSISTANTS (AST 4) — NUCLEAR INSPECTION
(2011/C 294 A/02)
EPSO/AST/103/10 — Archive and document management (AST 3)






ANDRÉS


Rubén




BONNET


Sandrine




CASTAÑER


Gustavo




COUPAIN


Nicolas




DAVANZO


Francesca




DERZELLE


Christophe




DÍAZ MARTÍNEZ


Cristina




FERNANDES SILVA


Mónica




GALLEGO MORALES


Meritxell




GIORDANI


Prisca




GONZÁLEZ PEDRAZA


José Andrés




GRAMIGNI


Tommaso




HUISKEN


Helena Geertruida Maria




JARRY


Jean-Pierre




JUNCAL PASSOS ROCHA


Raquel




KARDAMI


Maria




KELLER


Zsolt




LAPPIN


James




LEMAIRE


Catherine




LÓPEZ JIMÉNEZ


Paula




LUGARINI


Renato




MARTÍNEZ SEBASTIAN


Lucia




MURESAN


Roxana




PALMA GÓMEZ


Antonio




PAPAPANAGIOTOU


Panagiotis




PĂUN


Cristina Alexandra




PAUSCH


Katharina




RENUART


Caroline




RESENDE OLIVEIRA


Daniel




STRIGINI


Chiara




TARALLO


Antonella




THOLLARD


Anne




VALLS


Francesc




URBAIN


Julie




UREÑA


Laura




VANDENBERGHE


An




The reserve list will be valid until 15 July 2014.
EPSO/AST/104/10 — Nuclear inspection (AST 4)
Merit group 1






BELLEMANS


Caroline




BORELLA


Alessandro




GAIGNANT


Christelle




GEGEVICIUS


Vaidotas




SZABÓ


Szilárd




VELNOM


Laurent




VON ZWEIDORF


Andre




ZSIGRAI


Jozsef




Merit group 2






AYRANOV


Marin




BENCARDINO


Raffaele




CAIKOVSKA


Marite




DIMITROV


Vladislav




LOVJAGINA


Irina




PEEDO


Kersti




PLA


Patricia




REQUEJO CORONADO


Cristina




UGOLINI


Daniele




VERDALAY


Gilles




Merit group 3






MOISEI


Philipp




NANIAS


Marian




RAMOS PASCUAL


Miguel




STRUCIC


Miodrag




SZABO


Laszlo




The reserve lists will be valid until 27 September 2014.


(1)  A successful candidate may explicitly request her/his name not be published.
Opinion of the Governing Council of the European Central Bank of 6 October 2011 on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank (CON/2011/77)
Date: 2011-10-06
Institutions: European Central Bank
Subjects: European Central Bank, appointment of members, decision-making body (EU)








C_2011301EN.01000201.xml










12.10.2011   


EN


Official Journal of the European Union


C 301/2





OPINION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK
of 6 October 2011
on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank
(CON/2011/77)
2011/C 301/03

Introduction and legal basis

On 4 October 2011, the European Central Bank (ECB) received a request from the President of the European Council for an opinion on a Council Recommendation of 4 October 2011 (1) on the appointment of a member of the Executive Board of the European Central Bank.
The competence of the ECB’s Governing Council to deliver an opinion is based on Article 283(2) of the Treaty on the Functioning of the European Union.

General observations







1.


The Council’s recommendation, which was submitted to the European Council, and on which the European Parliament and the ECB’s Governing Council are being consulted, recommends appointing Jörg Asmussen as a member of the ECB’s Executive Board for a term of office of eight years.










2.


The ECB’s Governing Council is of the opinion that the proposed candidate is a person of recognised standing and professional experience in monetary or banking matters as required by Article 283(2) of the Treaty.










3.


The ECB’s Governing Council has no objection to the Council’s recommendation to appoint Jörg Asmussen as a member of the ECB’s Executive Board.





Done at Frankfurt am Main, 6 October 2011.


The President of the ECB

Jean-Claude TRICHET




(1)  Not yet published in the Official Journal.
Case C-381/10: Judgment of the Court (Eighth Chamber) of 6 October 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien — Austria) — Astrid Preissl KEG v Landeshauptmann von Wien (Industrial Policy — Food hygiene — Regulation (EC) No 852/2004 — Installation of a washbasin in the toilets of an establishment which sells food)
Date: 2011-10-06
Institutions: Court of Justice
Subjects: catering industry, consumer protection, food hygiene, food inspection, foodstuff








C_2011347EN.01000402.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/4





Judgment of the Court (Eighth Chamber) of 6 October 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien — Austria) — Astrid Preissl KEG v Landeshauptmann von Wien
(Case C-381/10) (1)

(Industrial Policy - Food hygiene - Regulation (EC) No 852/2004 - Installation of a washbasin in the toilets of an establishment which sells food)
2011/C 347/05
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat Wien

Parties to the main proceedings


Applicant: Astrid Preissl KEG

Defendant: Landeshauptmann von Wien

Re:

Reference for a preliminary ruling — Unabhängiger Verwaltungssenat Wien — Interpretation of paragraph 4 of Chapter I of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ 2004 L 139, p. 1) and in particular of the word Handwaschbecken (washbasin for cleaning hands) contained in the German language version of that provision — Administrative decision of a Member State ordering the installation in the toilets of a café of a washbasin equipped with materials for hygienic washing and drying of hands

Operative part of the judgment

Paragraph 4 of Chapter I of Annex II to Council Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs must be interpreted as not requiring that a washbasin within the meaning of that provision be used exclusively for washing hands or that it be possible to use the water tap or hand-drying material without touching by hand.


(1)  OJ C 274, 9.10.2010.
Case C-443/10: Judgment of the Court (Fifth Chamber) of 6 October 2011 (reference for a preliminary ruling from the Tribunal administratif de Limoges — France) — Philippe Bonnarde v Agence de Services et de Paiement (Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Importation, by a person resident in a Member State, of a vehicle already registered in another Member State — Ecological subsidy — Conditions — Registration certificate attesting to the nature of the demonstration vehicle)
Date: 2011-10-06
Institutions: Court of Justice
Subjects: ecologism, free movement of goods, vehicle documents, vehicle registration








C_2011347EN.01000601.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/6





Judgment of the Court (Fifth Chamber) of 6 October 2011 (reference for a preliminary ruling from the Tribunal administratif de Limoges — France) — Philippe Bonnarde v Agence de Services et de Paiement
(Case C-443/10) (1)

(Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Importation, by a person resident in a Member State, of a vehicle already registered in another Member State - Ecological subsidy - Conditions - Registration certificate attesting to the nature of the demonstration vehicle)
2011/C 347/08
Language of the case: French

Referring court

Tribunal administratif de Limoges

Parties to the main proceedings


Applicant: Philippe Bonnarde

Defendant: Agence de Services et de Paiement

Re:

Reference for a preliminary ruling — Tribunal administrative de Limoges — Interpretation of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ 1999 L 138, p. 57), amended by Commission Directive 2003/127/EC of 23 December 2003 (OJ 2004 L 10, p. 29) — Importation, by a person resident in France, of a vehicle already registered in another Member State — National legislation making the grant of an environmental subsidy subject to presentation of a registration certificate bearing the statement ‘demonstration vehicle’ — Quantitative restrictions — Measures having equivalent effect

Operative part of the judgment

Articles 34 and 36 TFEU preclude legislation of a Member State from requiring, for the award of the subsidy known as the ‘bonus écologique — Grenelle de l’environnement’ to imported demonstration motor vehicles at the time of registration in that Member State, that the first registration document of those vehicles bear the words ‘demonstration vehicle’.


(1)  OJ C 317, 20.11.2010.
Case C-382/10: Judgment of the Court (Eighth Chamber) of 6 October 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria)) — Erich Albrecht, Thomas Neumann, Van-Ly Sundara, Alexander Svoboda, Stefan Toth v Landeshauptmann von Wien (Industrial Policy — Food hygiene — Regulation (EC) No 852/2004 — Self-service retail of bread and bakery products)
Date: 2011-10-06
Institutions: Court of Justice
Subjects: bakery, consumer protection, food contamination, food hygiene, food inspection, foodstuff








C_2011347EN.01000501.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/5





Judgment of the Court (Eighth Chamber) of 6 October 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria)) — Erich Albrecht, Thomas Neumann, Van-Ly Sundara, Alexander Svoboda, Stefan Toth v Landeshauptmann von Wien
(Case C-382/10) (1)

(Industrial Policy - Food hygiene - Regulation (EC) No 852/2004 - Self-service retail of bread and bakery products)
2011/C 347/06
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat Wien

Parties to the main proceedings


Applicants: Erich Albrecht, Thomas Neumann, Van-Ly Sundara, Alexander Svoboda, Stefan Toth

Defendant: Landeshauptmann von Wien

Re:

Reference for a preliminary ruling — Unabhängiger Verwaltungssenat Wien — Interpretation of paragraph 3 of Chapter IX of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ 2004 L 139, p. 1) — Protection of foodstuffs against contamination — Self-service retail of bread and bakery products — Administrative decision by a Member State ordering the installation of a technical device preventing customers from replacing goods after having touched them by hand

Operative part of the judgment

Paragraph 3 of Chapter IX of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs must be interpreted as meaning that, in circumstances such as those at issue in the main proceedings, with regard to containers used for self-service retail of bread and bakery products, the fact that a potential purchaser could conceivably have touched the foodstuffs offered for sale by hand or sneezed on them does not make it possible, on that basis alone, to hold that those foodstuffs were not protected against any contamination likely to render them unfit for human consumption, injurious to health or contaminated in such a way that it would be unreasonable to expect them to be consumed in that state.


(1)  OJ C 274, 9.10.2010.
Case T-255/00: Order of the General Court of 6 October 2011 — Ciga and Others v Commission
Date: 2011-10-06
Institutions: General Court
Subjects: State aid, aid to undertakings, social-security contribution, type of business








C_2011347EN.01004403.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/44





Order of the General Court of 6 October 2011 — Ciga and Others v Commission
(Case T-255/00) (1)

2011/C 347/79
Language of the case: Italian
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 355, 9.12.2000.
Case C-302/09: Judgment of the Court (Fifth Chamber) of 6 October 2011 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — State Aid — Aid to firms in Venice and Chioggia — Reductions in social security contributions — Withdrawal)
Date: 2011-10-06
Institutions: Court of Justice
Subjects: Italy, State aid, Veneto, action for failure to fulfil an obligation, aid to undertakings, infringement procedure (EU), social-security contribution








C_2011347EN.01000301.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/3





Judgment of the Court (Fifth Chamber) of 6 October 2011 — European Commission v Italian Republic
(Case C-302/09) (1)

(Failure of a Member State to fulfil obligations - State Aid - Aid to firms in Venice and Chioggia - Reductions in social security contributions - Withdrawal)
2011/C 347/03
Language of the case: Italian

Parties


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

Defendant: Italian Republic (represented by: G. Palmieri, Agent and G. Aiello, lawyer)

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the period prescribed, the measures necessary to comply with Articles 2, 5 and 6 of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (notified under document number C(1999) 4268) (OJ 2000 L 150, p. 50)

Operative part of the judgment

The Court:






1.


Orders that by failing to take, within the prescribed time-limits, all the measures necessary to recover from the beneficiaries the aid granted under the aid scheme considered unlawful and incompatible with the common market by Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 and, the Italian Republic has failed to fulfil its obligations under Articles 2, 5 and 6 of that decision and under the EC Treaty the Italian Republic failed to fulfil its obligations under Article 5 of the decision;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 256, 24.10.2009.