do-me/EUR-LEX huggingface dataset:
Case T-246/10: Judgment of the General Court of 6 October 2011 — Industrias Francisco Ivars v OHIM — Motive (Mechanical speed reducer) (Community design — Invalidity proceedings — Registered Community design representing a mechanical speed reducer — Earlier Community design — Ground of invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
Date: 2011-10-06
Institutions: General Court
Subjects: EU trade mark, electrical equipment, registered trade mark, trade-mark law








C_2011340EN.01001901.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/19





Judgment of the General Court of 6 October 2011 — Industrias Francisco Ivars v OHIM — Motive (Mechanical speed reducer)
(Case T-246/10) (1)

(Community design - Invalidity proceedings - Registered Community design representing a mechanical speed reducer - Earlier Community design - Ground of invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)
2011/C 340/37
Language of the case: Spanish

Parties


Applicant: Industrias Francisco Ivars, SL (Xeraco, Spain) (represented by: E. Caballero Oliver and A. Sanz-Bermell y Martínez, lawyers)

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: Motive Srl (Montirone, Italy) (represented by: I. Valdelomar Serrano and J. Mora Granell, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 16 March 2010 (Case R 1337/2008-3) relating to invalidity proceedings between Motive Srl and Industrias Francisco Ivars, SL.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Industrias Francisco Ivars, SL to pay the costs.






(1)  OJ C 195, 17.7.2010.
Case T-234/00: Order of the General Court of 6 October 2011 — Fondazione Opera S. Maria della Carità v Commission
Date: 2011-10-06
Institutions: General Court
Subjects: State aid, cooperative, fishing industry, social-security contribution








C_2011347EN.01004401.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/44





Order of the General Court of 6 October 2011 — Fondazione Opera S. Maria della Carità v Commission
(Case T-234/00) (1)

2011/C 347/77
Language of the case: Italian
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 4, 6.1.2001.
Non-opposition to a notified concentration (Case COMP/M.6093 — BASF/INEOS/Styrene/JV) Text with EEA relevance
Date: 2011-10-06
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control








C_2011294EN.01000202.xml










6.10.2011   


EN


Official Journal of the European Union


C 294/2





Non-opposition to a notified concentration
(Case COMP/M.6093 — BASF/INEOS/Styrene/JV)
(Text with EEA relevance)
2011/C 294/04
On 1 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 32011M6093. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6355 — Axel Springer France/Mondadori France/AR Technology) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-10-06
Institutions: European Commission
Subjects: France, Internet site, advertising, economic concentration, merger control, serial publication








C_2011294EN.01000901.xml










6.10.2011   


EN


Official Journal of the European Union


C 294/9





Prior notification of a concentration
(Case COMP/M.6355 — Axel Springer France/Mondadori France/AR Technology)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 294/09






1.


On 26 September 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 Axel Springer France SAS (‘Axel Springer France’, France) controlled by Axel Springer AG (Germany) and Mondadori France SAS (‘Mondadori France’, France) ultimately controlled by Fininvest Finanziara d’Investimento SpA (Italy) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking AR Technology SAS (‘AR Technology’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Axel Springer France: publication of magazines in France, operation of websites and sale of advertising space,










—


for Mondadori France: publication of magazines in France, operation of websites and sale of advertising space,










—


for AR Technology: operation of Internet portals for classified used vehicle advertisements and casting.














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.6355 — Axel Springer France/Mondadori France/AR Technology, 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-247/10: Judgment of the General Court of 6 October 2011 — medi v OHIM — Deutsche Medien Center (deutschemedi.de) (Community trade mark — Opposition proceedings — Application for the Community word mark deutschemedi.de — Earlier Community word mark World of medi, earlier national figurative and word marks medi.eu, medi welt, medi-Verband and medi, and earlier trading name and company name medi — Relative ground for refusal — Likelihood of confusion — Article 8(1) of Regulation (EC) No 207/2009)
Date: 2011-10-06
Institutions: General Court
Subjects: EU trade mark, health care, registered trade mark, trade-mark law








C_2011340EN.01001902.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/19





Judgment of the General Court of 6 October 2011 — medi v OHIM — Deutsche Medien Center (deutschemedi.de)
(Case T-247/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark deutschemedi.de - Earlier Community word mark World of medi, earlier national figurative and word marks medi.eu, medi welt, medi-Verband and medi, and earlier trading name and company name medi - Relative ground for refusal - Likelihood of confusion - Article 8(1) of Regulation (EC) No 207/2009)
2011/C 340/38
Language of the case: German

Parties


Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by: H. Lindner, D. Terheggen and T. Kiphuth, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Deutsche Medien Center GmbH (Dortmund, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 March 2010 (Case R 1336/2008-4) relating to opposition proceedings between Weihermüller & Voigtmann GmbH & Co. KG and Deutsche Medi Präventions GmbH.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 March 2010 (Case R 1336/2008-4);










2.


Orders OHIM to bear, in addition to its own costs, the costs of Medi GmbH & Co. KG;










3.


Orders Deutsche Medien Center GmbH to bear its own costs.






(1)  OJ C 209, 31.7.2010.
Case C-493/09: Judgment of the Court (First Chamber) of 6 October 2011 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Article 63 TFEU and Article 40 of the EEA Agreement — Free movement of capital — Foreign and national pension funds — Corporation tax — Dividends — Exemption — Difference in treatment)
Date: 2011-10-06
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, corporation tax, free movement of capital, supplementary pension, tax exemption








C_2011347EN.01000401.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/4





Judgment of the Court (First Chamber) of 6 October 2011 — European Commission v Portuguese Republic
(Case C-493/09) (1)

(Failure of a Member State to fulfil obligations - Article 63 TFEU and Article 40 of the EEA Agreement - Free movement of capital - Foreign and national pension funds - Corporation tax - Dividends - Exemption - Difference in treatment)
2011/C 347/04
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: R. Lyal and M. Afonso, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and H. Ferreira, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 63 TFEU and of Article 40 EEA — Restrictions on movements of capital — Foreign and national pension funds — Dividends — Taxation — Difference in treatment

Operative part of the judgment







1.


By reserving the benefit of the corporation tax exemption to pension funds resident in Portuguese territory alone, the Portuguese Republic has failed to fulfil its obligations under Article 63 TFEU and Article 40 of the Agreement on the European Economic Area of 2 May 1992.










2.


The Portuguese Republic is to pay the costs.






(1)  OJ C 37, 13.2.2010.
Information on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Principe
Date: 2011-10-06
Institutions: Council of the European Union
Subjects: São Tomé and Príncipe, agreement (EU), financial compensation of an agreement, fishing agreement, fishing permit, fishing rights, protocol to an agreement








L_2011261EN.01000101.xml










6.10.2011   


EN


Official Journal of the European Union


L 261/1







Information on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Principe

On 13 July 2011, the European Union informed the Government of the Democratic Republic of São Tomé and Principe of its approval, on 12 July 2011, of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement.
On 28 August 2011, the Democratic Republic of São Tomé and Principe informed the General Secretariat of the Council of the European Union in writing of the completion of its procedures necessary for the Protocol’s entry into force.
In accordance with Article 14 of the Protocol, it accordingly entered into force on 29 August 2011.