do-me/EUR-LEX huggingface dataset:
Case T-59/06: Judgment of the General Court of 16 November 2011 — Low & Bonar and Bonar Technical Fabrics v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Single and continuous infringement — Fines — Attenuating circumstances — Passive role — Proportionality — Equal treatment — Unlimited jurisdiction)
Date: 2011-11-16
Institutions: General Court
Subjects: cartel, fine, industrial product, infringement procedure (EU), packaging product, restrictive-practice notification








C_2012006EN.01001001.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/10





Judgment of the General Court of 16 November 2011 — Low & Bonar and Bonar Technical Fabrics v Commission
(Case T-59/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Single and continuous infringement - Fines - Attenuating circumstances - Passive role - Proportionality - Equal treatment - Unlimited jurisdiction)
2012/C 6/13
Language of the case: English

Parties


Applicants: Low & Bonar plc (Dundee, Scotland, United Kingdom) and Bonar Technical Fabrics NV (Zele, Belgium) (represented by: L. Garzaniti, lawyer, and M. O’Regan, Solicitor)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, assisted by M. Gray, Barrister)

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and, in the alternative, for annulment or reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:






1.


Sets the amount of the fine imposed by Article 2(l) of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) at EUR 9.18 million;










2.


Dismisses the action as to the remainder;










3.


The European Commission, Low & Bonar plc and Bonar Technical Fabrics NV shall each bear their own costs.






(1)  OJ C 86, 8.4.2006.
Initiation of proceedings (Case COMP/M.6286 — Südzucker/ED & F Man) Text with EEA relevance
Date: 2011-11-16
Institutions: European Commission
Subjects: economic concentration, food industry, foodstuff, merger control, primary product








C_2011335EN.01000202.xml










16.11.2011   


EN


Official Journal of the European Union


C 335/2





Initiation of proceedings
(Case COMP/M.6286 — Südzucker/ED & F Man)
(Text with EEA relevance)
2011/C 335/03
On 9 November 2011, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 22967244) or by post, under reference COMP/M.6286 — Südzucker/ED & F Man, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË
Call for proposals under the 2012 Ideas work programme of the Seventh EC Framework Programme for research, technological development and demonstration activities
Date: 2011-11-16
Institutions: European Commission
Subjects: Framework Programme for Research and Development, administrative competition, invitation to tender, research staff








C_2011335EN.01002201.xml










16.11.2011   


EN


Official Journal of the European Union


C 335/22





Call for proposals under the 2012 ‘Ideas’ work programme of the Seventh EC Framework Programme for research, technological development and demonstration activities
2011/C 335/12
Notice is hereby given of the launch of a call for proposals under the 2012 ‘Ideas’ work programme of the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013).
Proposals are invited for the following call. Call deadlines and budget are given in the call text, which is published on the participant portal website.

‘Ideas’ work programme







Call title


ERC Advanced Investigators Grant




Call identifier


ERC-2012-AdG





This call for proposals relates to the work programme adopted by Commission Decision C(2011) 4961 of 19 July 2011.

Information on the modalities of the call, the work programme, and the guidance for applicants on how to submit proposals is available through the relevant European Commission website:
http://ec.europa.eu/research/participants/portal/appmanager/participants/portal
Case T-54/06: Judgment of the General Court of 16 November 2011 — Kendrion v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Economic entity — Joint and several liability — Proportionality — Equal treatment — Fines — Maximum limit of 10 % of turnover — Real ability to pay)
Date: 2011-11-16
Institutions: General Court
Subjects: cartel, fine, industrial product, infringement procedure (EU), packaging product, restrictive-practice notification








C_2012006EN.01000902.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/9





Judgment of the General Court of 16 November 2011 — Kendrion v Commission
(Case T-54/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Economic entity - Joint and several liability - Proportionality - Equal treatment - Fines - Maximum limit of 10 % of turnover - Real ability to pay)
2012/C 6/11
Language of the case: Dutch

Parties


Applicant: Kendrion NV (Zeist, Netherlands) (represented initially by: P. Glazener and C. Meijer, then by P. Glazener and L. Haasbeek, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Nijenhuis and S. Noë)

Re:

Application for annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), in so far as it is addressed to the applicant, concerning a cartel on the market for plastic industrial bags, and application for annulment or, in the alternative, reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kendrion NV to pay the costs.






(1)  OJ C 96, 22.4.2006.
Case T-79/06: Judgment of the General Court of 16 November 2011 — Sachsa Verpackung v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Price fixing — Allocation of sales quotas by geographic area — Allocation of customers — Exchange of individualised information — Proof of the infringement — Duration of the infringement — Fines — Gravity of the infringement — Proportionality — Attenuating circumstances — Follow-my-leader role)
Date: 2011-11-16
Institutions: General Court
Subjects: cartel, fine, industrial product, infringement procedure (EU), packaging product, restrictive-practice notification








C_2012006EN.01001201.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/12





Judgment of the General Court of 16 November 2011 — Sachsa Verpackung v Commission
(Case T-79/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Price fixing - Allocation of sales quotas by geographic area - Allocation of customers - Exchange of individualised information - Proof of the infringement - Duration of the infringement - Fines - Gravity of the infringement - Proportionality - Attenuating circumstances - Follow-my-leader role)
2012/C 6/18
Language of the case: French

Parties


Applicant: Sachsa Verpackung GmbH (Wieda, Germany) (represented by: F. Puel and L. François-Martin, lawyers)

Defendant: European Commission (represented initially by: F. Castillo de la Torre and F. Arbault, then by F. Castillo de la Torre and N. von Lingen, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and, in the alternative, for amendment of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Gascogne Sack Deutschland GmbH to pay the costs.






(1)  OJ C 96, 22.4.2006.
Case T-72/06: Judgment of the General Court of 16 November 2011 — Groupe Gascogne v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Maximum limit of 10 % of turnover — Proportionality)
Date: 2011-11-16
Institutions: General Court
Subjects: cartel, fine, industrial product, infringement procedure (EU), packaging product, restrictive-practice notification








C_2012006EN.01001101.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/11





Judgment of the General Court of 16 November 2011 — Groupe Gascogne v Commission
(Case T-72/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Fines - Maximum limit of 10 % of turnover - Proportionality)
2012/C 6/15
Language of the case: French

Parties


Applicant: Groupe Gascogne SA (St Paul-lès-Dax, France) (represented initially by: C. Lazarus, then by P. Hubert and E. Durand, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and F. Arbault, then by F. Castillo de la Torre and N. von Lingen, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and application for amendment of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Groupe Gascogne SA to pay the costs.






(1)  OJ C 96, 22.4.2006.
Initiation of proceedings (Case COMP/M.6266 — J&J/Synthes) Text with EEA relevance
Date: 2011-11-16
Institutions: European Commission
Subjects: economic concentration, medical device, merger control, multinational enterprise, pharmaceutical industry








C_2011335EN.01000101.xml










16.11.2011   


EN


Official Journal of the European Union


C 335/1





Initiation of proceedings
(Case COMP/M.6266 — J&J/Synthes)
(Text with EEA relevance)
2011/C 335/01
On 3 November 2011, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 22967244) or by post, under reference 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
Joined Cases T-55/06 and T-66/06: Judgment of the General Court of 16 November 2011 — RKW and JM Gesellschaft für industrielle Beteiligungen v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Fines — Guidelines for the calculation of fines — Maximum limit of 10 % of turnover — Implementation — Legality — Proportionality — Equal treatment — Single and continuous infringement — Attenuating circumstances — Exclusively passive role — Obligation to state the reasons on which the decision is based — Imputability of unlawful conduct)
Date: 2011-11-16
Institutions: General Court
Subjects: cartel, fine, industrial product, infringement procedure (EU), packaging product, restrictive-practice notification








C_2012006EN.01000903.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/9





Judgment of the General Court of 16 November 2011 — RKW and JM Gesellschaft für industrielle Beteiligungen v Commission
(Joined Cases T-55/06 and T-66/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Fines - Guidelines for the calculation of fines - Maximum limit of 10 % of turnover - Implementation - Legality - Proportionality - Equal treatment - Single and continuous infringement - Attenuating circumstances - Exclusively passive role - Obligation to state the reasons on which the decision is based - Imputability of unlawful conduct)
2012/C 6/12
Language of the case: German

Parties


Applicants: RKW SE, formerly RKW AG Rheinische Kunststoffwerke (Worms, Germany), and JM Gesellschaft für industrielle Beteiligungen mbH & Co. KGaA (Worms) (represented by: H.-J. Hellmann, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre and R. Sauer, acting as Agents, assisted by M. Núñez-Müller, lawyer)

Re:

Application for annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders RKW SE and JM Gesellschaft für industrielle Beteiligungen mbH & Co. KGaA to pay the costs.






(1)  OJ C 96, 22.4.2006.
Prior notification of a concentration (Case COMP/M.6427 — Hermes Europe/Armadillo Holding/B2C) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-11-16
Institutions: European Commission
Subjects: distributive trades, economic concentration, merger control, transport market








C_2011335EN.01002401.xml










16.11.2011   


EN


Official Journal of the European Union


C 335/24





Prior notification of a concentration
(Case COMP/M.6427 — Hermes Europe/Armadillo Holding/B2C)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 335/14






1.


On 4 November 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 Hermes Europe GmbH (‘Hermes’, Germany) belonging to the Otto group and Armadillo Holding GmbH (‘Armadillo’, Germany), jointly controlled by LaPoste SA and the Arikanli Group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of B2C Limited Liability Company (‘B2C’, Russia) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Hermes: provider of transportation and logistics services,










—


for Armadillo: provider of transportation and logistics services, especially in Eastern Europe,










—


for B2C: active in Russia in the delivery of parcels to consumers, either from businesses or from other consumers.














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.6427 — Hermes Europe/Armadillo Holding/B2C, 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-78/06: Judgment of the General Court of 16 November 2011 — Álvarez v Commission (Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Concept of undertaking — Imputability of the unlawful conduct — Presumption of innocence)
Date: 2011-11-16
Institutions: General Court
Subjects: cartel, fine, industrial product, infringement procedure (EU), packaging product, restrictive-practice notification








C_2012006EN.01001103.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/11





Judgment of the General Court of 16 November 2011 — Álvarez v Commission
(Case T-78/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Concept of undertaking - Imputability of the unlawful conduct - Presumption of innocence)
2012/C 6/17
Language of the case: Spanish

Parties


Applicant: Armando Álvarez, SA (Madrid, Spain) (represented initially by: E. Garayar Gutiérrez and A. García Castillo, then by E. Garayar Gutiérrez, M. Troncoso Ferrer and C. Ruixó Claramunt, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent)

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and, in the alternative, for reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Armando Álvarez, SA to pay the costs.






(1)  OJ C 121, 20.5.2006.
European Heritage Label ***II European Parliament legislative resolution of 16 November 2011 on the Council position at first reading with a view to the adoption of a decision of the European Parliament and of the Council establishing a European Union action for the European Heritage Label (10303/1/2011 – C7-0236/2011 – 2010/0044(COD))
Date: 2011-11-16
Institutions: Committee on Culture and Education, European Parliament
Subjects: European Movement, European symbol, cultural heritage, cultural promotion, history of Europe, public awareness campaign








CE2013153EN.01019903.xml










31.5.2013   


EN


Official Journal of the European Union


CE 153/199





Wednesday 16 November 2011European Heritage Label ***II
P7_TA(2011)0502
European Parliament legislative resolution of 16 November 2011 on the Council position at first reading with a view to the adoption of a decision of the European Parliament and of the Council establishing a European Union action for the European Heritage Label (10303/1/2011 – C7-0236/2011 – 2010/0044(COD))
2013/C 153 E/40
(Ordinary legislative procedure: second reading)

The European Parliament,






—


having regard to the Council position at first reading (10303/1/2011 – C7-0236/2011),










—


having regard to the reasoned opinion submitted, within the framework of the Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the French Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,










—


having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2010)0076),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 72 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Culture and Education (A7-0331/2011),










1.


Approves the Council position at first reading;










2.


Notes that the act is adopted in accordance with the Council position;










3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;










4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;










5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  Texts adopted of 16.12.2010, P7_TA(2010)0486.
Case T-484/09: Judgment of the General Court of 16 November 2011 — McLoughney v OHIM — Kern (Powerball) (Community trade mark — Opposition proceedings — Application for the Community word mark Powerball — Earlier unregistered word mark POWERBALL — Relative grounds for refusal — Article 8(3) and (4) of Regulation (EC) No 207/2009)
Date: 2011-11-16
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, sports equipment, trade-mark law








C_2012006EN.01001301.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/13





Judgment of the General Court of 16 November 2011 — McLoughney v OHIM — Kern (Powerball)
(Case T-484/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark Powerball - Earlier unregistered word mark POWERBALL - Relative grounds for refusal - Article 8(3) and (4) of Regulation (EC) No 207/2009)
2012/C 6/20
Language of the case: German

Parties


Applicant: Rory McLoughney (Thurles, Ireland) (represented by: J. Stratford Lysandrides, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ernst Kern (Zahling, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2009 (Case R 1547/2006-4), relating to opposition proceedings between Mr Rory McLoughney and Mr Ernst Kern

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders Mr Rory McLoughney to pay the costs.






(1)  OJ C 37, 13.2.2010.