do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6266 — J&J/Synthes) Text with EEA relevance
Date: 2011-10-07
Institutions: European Commission
Subjects: economic concentration, medical device, merger control, multinational enterprise, pharmaceutical industry








C_2011295EN.01001201.xml










7.10.2011   


EN


Official Journal of the European Union


C 295/12





Prior notification of a concentration
(Case COMP/M.6266 — J&J/Synthes)
(Text with EEA relevance)
2011/C 295/08






1.


On 27 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 Johnson & Johnson (‘J&J’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Synthes, Inc. (‘Synthes’, USA), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


J&J: a global group of companies whose activities are divided into three business segments: (i) Consumer, (ii) Pharmaceutical, and (iii) Medical Devices and Diagnostics,










—


Synthes: a global group of companies active in the supply of medical devices used for the surgical fixation, correction and regeneration of the human skeleton and its soft tissues.














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.6266 — J&J/Synthes, 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’).
Corrigendum to notices concerning the European Economic Area ( OJ C 285, 29.9.2011 )
Date: 2011-10-07
Institutions: Iceland
Subjects: Iceland, energy site, exploitation of resources, hydrocarbon








C_2011295EN.01001301.xml










7.10.2011   


EN


Official Journal of the European Union


C 295/13





Corrigendum to notices concerning the European Economic Area
(
Official Journal of the European Union C 285 of 29 September 2011
)
2011/C 295/09
On page 13, and on the cover page, under ‘NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA’:
for:

‘European Commission’,

read:

‘EFTA Surveillance Authority’.
Prior notification of a concentration (Case COMP/M.6262 — AGRANA/RWA/JV) Text with EEA relevance
Date: 2011-10-07
Institutions: European Commission
Subjects: agri-foodstuffs, agricultural product, building materials, economic concentration, fruit, fruit juice, horticulture, means of agricultural production, merger control, starch, sugar








C_2011295EN.01001101.xml










7.10.2011   


EN


Official Journal of the European Union


C 295/11





Prior notification of a concentration
(Case COMP/M.6262 — AGRANA/RWA/JV)
(Text with EEA relevance)
2011/C 295/07






1.


On 30 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 undertaking(s) AGRANA (Austria) controlled by AGRANA Beteiligungs-Aktiengesellschaft and RWA (Austria) belonging to the RWA Raiffeisen Ware Autria Aktiengesellschaft acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking(s) of AGRANA Juice (Austria) and Ybbstaler (Austria) by way of contract of management in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


AGRANA: active in sugar, starch and fruit,










—


RWA: active in agricultural products, farm inputs, technical equipment, energy, building materials, building & gardening, services,










—


The JV: brings together the fruit juice activities of the parents and will be active in the market for the production and marketing of fruit juice concentrates, not from concentrate fruit juices, fruit purees, fruit aromas, juice compounds, fruit sweetness and related products.














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.6262 — AGRANA/RWA/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’).
Euro exchange rates
Date: 2011-10-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2011295EN.01000101.xml










7.10.2011   


EN


Official Journal of the European Union


C 295/1





Euro exchange rates (1)

6 October 2011
2011/C 295/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3269




JPY


Japanese yen


101,87




DKK


Danish krone


7,4428




GBP


Pound sterling


0,86680




SEK


Swedish krona


9,1650




CHF


Swiss franc


1,2316




ISK


Iceland króna


 




NOK


Norwegian krone


7,8245




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,845




HUF


Hungarian forint


296,55




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7090




PLN


Polish zloty


4,3768




RON


Romanian leu


4,3133




TRY


Turkish lira


2,4587




AUD


Australian dollar


1,3725




CAD


Canadian dollar


1,3890




HKD


Hong Kong dollar


10,3286




NZD


New Zealand dollar


1,7313




SGD


Singapore dollar


1,7325




KRW


South Korean won


1 574,31




ZAR


South African rand


10,6816




CNY


Chinese yuan renminbi


8,4650




HRK


Croatian kuna


7,4953




IDR


Indonesian rupiah


11 839,07




MYR


Malaysian ringgit


4,2156




PHP


Philippine peso


58,072




RUB


Russian rouble


43,1265




THB


Thai baht


41,279




BRL


Brazilian real


2,4350




MXN


Mexican peso


18,0606




INR


Indian rupee


65,4830






(1)  Source: reference exchange rate published by the ECB.
Case T-527/11: Action brought on 7 October 2011 — Luxembourg Patent Co. v OHIM — DETEC (FIREDETEC)
Date: 2011-10-07
Institutions: General Court
Subjects: EU trade mark, action for annulment (EU), fire protection, trade-mark law








C_2011370EN.01002503.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/25





Action brought on 7 October 2011 — Luxembourg Patent Co. v OHIM — DETEC (FIREDETEC)
(Case T-527/11)
2011/C 370/43
Language in which the application was lodged: English

Parties


Applicant: Luxembourg Patent Co. SA (Lintgen, Luxembourg) (represented by: K. Manhaeve, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sistemas de Seguridad, Detección y Extinción de Incendios, SL (DETEC) (Madrid, Spain)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 July 2011 in case R 736/2010-4 insofar as it has declared the opponent’s opposition successful against the applicant’s trademark application for ‘fire-extinguishing apparatus; fire-extinguishing apparatus for automatic and independent detection and extinguishing of fires’ in class 9 and ‘development of fire extinguishers and fire extinguishing apparatus’ in class 42; and










—


Order the defendant and — if applicable — the other party to the proceedings before the Board of Appeal to jointly and severally pay all the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘FIREDETEC’ for goods in classes 1, 9, 17 and 42 — Community trade mark application No 4904389

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Spanish trade mark registration No 1759982 of the figurative mark ‘DETEC’, for goods in class 9; Spanish trade mark registration No 1759983 of the figurative mark ‘DETEC’, for services in class 37; Community trade mark registration No 3813219 of the figurative mark ‘DETEC Sistemas de Seguridad, Detección y Extinción de Incendios, SL’, for goods and services in classes 9, 37 and 45

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the applied mark and the opposed mark.
Case C-516/11 P: Appeal brought on 7 October 2011 by ThyssenKrupp Liften Ascenseurs NV against the judgment delivered by the General Court (Eighth Chamber) on 13 July 2011 in Joined Cases T-144/07, T-147/07, T-148/07, T-149/07, T-150/07 and T-154/07 ThyssenKrupp Liften Ascenseurs and Others v European Commission
Date: 2011-10-07
Institutions: Court of Justice
Subjects: competition law, domestic trade, fine, lift








C_2011355EN.01001201.xml










3.12.2011   


EN


Official Journal of the European Union


C 355/12





Appeal brought on 7 October 2011 by ThyssenKrupp Liften Ascenseurs NV against the judgment delivered by the General Court (Eighth Chamber) on 13 July 2011 in Joined Cases T-144/07, T-147/07, T-148/07, T-149/07, T-150/07 and T-154/07 ThyssenKrupp Liften Ascenseurs and Others v European Commission
(Case C-516/11 P)
2011/C 355/19
Language of the case: Dutch

Parties


Appellant: ThyssenKrupp Liften Ascenseurs NV (represented by: O.W. Brouwer and J. Blockx, advocaten)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court of Justice should:






—


set aside the judgment under appeal of the General Court of 13 July 2011 in so far as the General Court rejected the pleas put forward by the appellant at first instance;










—


give judgment in this case and annul Commission Decision C(2007) 512 final (1) of 21 February 2007 in Case COMP/E-1/38.823 — Elevators and Escalators on the basis of the relevant pleas put forward at first instance and/or reduce the fine imposed on ThyssenKrupp Liften Ascenseurs NV;










—


in the alternative, reduce the fine imposed on the appellant;










—


in the further alternative, refer the case back to the General Court;










—


order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

The appellant puts forward four grounds in support of its appeal.






1.


Infringement of Article 81(1) (now Article 101(1)) EC since the infringements are not capable of appreciably affecting trade between Member States and the Commission unlawfully initiated the investigation procedure.










2.


Breach of the ne bis in idem principle.










3.


Infringement of Article 23 of Regulation 1/2003, (2) Articles 48(1) and 49(1) and (3) of the Charter of Fundamental Rights of the European Union and of the principle that penalties must fit the offence on account of the confirmation of the appellant’s joint and several liable for the entire amount of the fine calculated on the basis of the group turnover.










4.


Error of assessment and unlawful omission by the General Court, in so far as it failed to make any use of its unlimited jurisdiction in the area of fines, inter alia as regards the extent of the market concerned, the multiplier for deterrence and the cooperation in and outside the context of the 2002 Leniency Notice.






(1)  Summary in OJ 2008 C 75, p. 19.

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).
Publication of the final accounts for the financial year 2010
Date: 2011-10-07
Institutions: European Defence Agency
Subjects: European Defence Agency, financial year, publication of accounts








C_2011295EN.01001001.xml










7.10.2011   


EN


Official Journal of the European Union


C 295/10





Publication of the final accounts for the financial year 2010
2011/C 295/06
The complete version of the final accounts may be found at the following address:
http://www.eda.europa.eu/