do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6380 — Bridgepoint/Infront Sports & Media) Text with EEA relevance
Date: 2011-11-23
Institutions: European Commission
Subjects: economic concentration, merger control, sporting event, two-wheeled vehicle








C_2011343EN.01001901.xml










23.11.2011   


EN


Official Journal of the European Union


C 343/19





Prior notification of a concentration
(Case COMP/M.6380 — Bridgepoint/Infront Sports & Media)
(Text with EEA relevance)
2011/C 343/09






1.


On 15 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 undertaking Bridgepoint Capital Group Limited (‘Bridgepoint’, UK) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Infront Sports & Media AG (‘Infront’, Switzerland) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Bridgepoint: private equity investment in companies in the financial services, healthcare and media sectors. Dorna, a subsidiary of Bridgepoint, holds the right to organise the ‘MotoGP’ motorcycle racing championship,










—


for Infront: sports media and marketing rights management. Infront holds, inter alia, the rights to organize the motorcycle racing event ‘Superbike World Championship’.














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.6380 — Bridgepoint/Infront Sports & Media, 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’).
Prior notification of a concentration (Case COMP/M.6307 — Cassa Depositi e Prestiti/OMV GAS/Trans Austria Gasleitung JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-11-23
Institutions: European Commission
Subjects: economic concentration, merger control, natural gas, oil industry








C_2011343EN.01001701.xml










23.11.2011   


EN


Official Journal of the European Union


C 343/17





Prior notification of a concentration
(Case COMP/M.6307 — Cassa Depositi e Prestiti/OMV GAS/Trans Austria Gasleitung JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 343/07






1.


On 14 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 Cassa Depositi e Prestiti SpA (‘CDP’, Italy) and OMV Gas GmbH (‘OGG’, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Trans Austria Gasleitung GmbH (‘TAG’, Austria), currently jointly controlled by OGG and ENI BV, a subsidiary of ENI SpA (‘ENI’, Italy), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CDP: joint-stock company under public control of the Italian Government,










—


for OGG: oil exploration and production, refining and distribution of mineral oil products, petrochemical industry, exploration production and distribution of gas,










—


for TAG: provision of natural gas transportation services to Italy and, to a lesser extent, of gas transportation services to customers in Austria.














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.6307 — Cassa Depositi e Prestiti/OMV GAS/Trans Austria Gasleitung 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-59/10: Judgment of the General Court of 23 November 2011 — Geemarc Telecom v OHIM — Audioline (AMPLIDECT) (Community trade mark — Invalidity proceedings — Community word mark AMPLIDECT — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Descriptive character — No distinctive character — Acquisition of distinctive character through use — Evidence)
Date: 2011-11-23
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications industry, trade-mark law








C_2012013EN.01001202.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/12





Judgment of the General Court of 23 November 2011 — Geemarc Telecom v OHIM — Audioline (AMPLIDECT)
(Case T-59/10) (1)

(Community trade mark - Invalidity proceedings - Community word mark AMPLIDECT - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Descriptive character - No distinctive character - Acquisition of distinctive character through use - Evidence)
2012/C 13/23
Language of the case: English

Parties


Applicant: Geemarc Telecom International Ltd (Wanchai, Hong Kong) (represented by: G. Farrington, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Audioline GmbH (Neuss, Germany) (represented by: U. Blumenröder, P. Lübbe and B. Allekotte, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 November 2009 (Case R 913/2009-2), relating to invalidity proceedings between Audioline GmbH and Geemarc Telecom International Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Geemarc Telecom International Ltd to pay the costs.






(1)  OJ C 100, 17.4.2010.
Commission Implementing Regulation (EU) No 1234/2011 of 23 November 2011 amending Regulation (EU) No 1245/2010 opening Union tariff quotas for 2011 for sheep, goats, sheepmeat and goatmeat
Date: 2011-11-23
Institutions: European Commission
Subjects: Australia, goat, goatmeat, import (EU), live animal, sheep, sheepmeat, tariff quota








L_2011317EN.01001601.xml










30.11.2011   


EN


Official Journal of the European Union


L 317/16








            COMMISSION IMPLEMENTING REGULATION (EU) No 1234/2011
of 23 November 2011
         
amending Regulation (EU) No 1245/2010 opening Union tariff quotas for 2011 for sheep, goats, sheepmeat and goatmeat


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (1), and in particular Articles 144(1) and 148 in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EU) No 1245/2010 (2) provides for the opening of Union import tariff quotas for sheep, goats, sheepmeat and goatmeat for the period from 1 January to 31 December 2011.












(2)


The Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (3) (hereinafter referred to as the ‘Agreement’), approved by Council Decision 2011/768/EU (4), provides for the granting of an additional annual tariff quota quantity of 400 tonnes (carcase weight) for Australia, which should be added to the quantity available for 2011 under Regulation (EU) No 1245/2010.












(3)


Regulation (EU) No 1245/2010 should therefore be amended accordingly.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
In the Annex to Regulation (EU) No 1245/2010, the row concerning Australia is replaced by the following:













 


 


 


‘—


09.2105


09.2106


09.2012


Australia


19 186 ’






Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 December 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2011.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 338, 22.12.2010, p. 37.

(3)  See page 7 of this Official Journal.

(4)  See page 6 of this Official Journal.
Case T-216/10: Judgment of the General Court of 23 November 2011 — Monster Cable Products v OHIM — Live Nation (Music) UK (MONSTER ROCK) (Community trade mark — Opposition proceedings — Application for Community word mark MONSTER ROCK — Earlier national mark MONSTERS OF ROCK — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-11-23
Institutions: General Court
Subjects: EU trade mark, music, registered trade mark, trade-mark law








C_2012013EN.01001301.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/13





Judgment of the General Court of 23 November 2011 — Monster Cable Products v OHIM — Live Nation (Music) UK (MONSTER ROCK)
(Case T-216/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MONSTER ROCK - Earlier national mark MONSTERS OF ROCK - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 13/25
Language of the case: English

Parties


Applicant: Monster Cable Products, Inc. (Brisbane, California, United States) (represented by: W. Baron von der Osten-Sacken, O. Günzel and A. Wenninger-Lenz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Live Nation (Music) UK Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister, S. Britton and J. Summers, Solicitors)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 February 2010 (Case R 216/2009-1), concerning opposition proceedings between Live Nation (Music) UK Ltd and Monster Cable Products, Inc.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Monster Cable Products, Inc. to pay the costs.






(1)  OJ C 195, 17.7.2010.
Non-opposition to a notified concentration (Case COMP/M.6348 — Arla Foods/Allgauland) Text with EEA relevance
Date: 2011-11-23
Institutions: European Commission
Subjects: cooperative, economic concentration, merger control, milk product








C_2011343EN.01001401.xml










23.11.2011   


EN


Official Journal of the European Union


C 343/14





Non-opposition to a notified concentration
(Case COMP/M.6348 — Arla Foods/Allgauland)
(Text with EEA relevance)
2011/C 343/03
On 7 November 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 32011M6348. EUR-Lex is the on-line access to the European law.
2010 amendments to Regulation No 30 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of pneumatic tyres for motor vehicles and their trailers
Date: 2011-11-23
Institutions: United Nations Economic Commission for Europe
Subjects: approval, commercial vehicle, motor vehicle, pneumatic tyre, technical rule








L_2011307EN.01000101.xml










23.11.2011   


EN


Official Journal of the European Union


L 307/1






Only the original UN/ECE texts have legal effect under international public law. The status and date of entry into force of this Regulation should be checked in the latest version of the UN/ECE status document TRANS/WP.29/343, available at:
http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/wp29fdocstts.html

2010 amendments to Regulation No 30 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of pneumatic tyres for motor vehicles and their trailers

Amendments to Regulation No 30 published in OJ L 201, 30.7.2008, p. 70.
Incorporating:
Supplement 16 to the 02 series of amendments — Date of entry into force: 17 March 2010
      

Amendments to the main text of the Regulation

Paragraph 1, amend to read (including the addition of footnote (2)):

‘1.   SCOPE
This Regulation covers new pneumatic tyres designed primarily for vehicles of categories M1, N1, O1 and O2
 (1)
 (2).
It does not apply to tyres designed primarily for:






(a)


the equipment for vintage cars;










(b)


competitions.
Non-opposition to a notified concentration (Case COMP/M.6395 — ETEX/Lafarge Gypsum Assets) Text with EEA relevance
Date: 2011-11-23
Institutions: European Commission
Subjects: building materials, economic concentration, merger control








C_2011343EN.01001402.xml










23.11.2011   


EN


Official Journal of the European Union


C 343/14





Non-opposition to a notified concentration
(Case COMP/M.6395 — ETEX/Lafarge Gypsum Assets)
(Text with EEA relevance)
2011/C 343/04
On 27 October 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 32011M6395. EUR-Lex is the on-line access to the European law.
Case T-82/09: Judgment of the General Court of 23 November 2011 — Dennekamp v Parliament (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Article 8(b) of Regulation (EC) No 45/2001 — Transfer of personal data)
Date: 2011-11-23
Institutions: General Court
Subjects: Member of the European Parliament, access to EU information, exchange of information, personal data, protection of privacy, supplementary pension








C_2012013EN.01001101.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/11





Judgment of the General Court of 23 November 2011 — Dennekamp v Parliament
(Case T-82/09) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme - Refusal to grant access - Exception relating to the protection of privacy and the integrity of the individual - Article 8(b) of Regulation (EC) No 45/2001 - Transfer of personal data)
2012/C 13/20
Language of the case: English

Parties


Applicant: Gert-Jan Dennekamp (Giethoorn, Netherlands) (represented by: O. Brouwer, A. Stoffer and T. Oeyen, lawyers)

Defendant: European Parliament (represented initially by N. Lorenz, H. Krück and D. Moore, and subsequently by N. Lorenz and D. Moore, Agents)

Interveners in support of the applicant: Kingdom of Denmark (represented by: B. Weis Fogh, J. Bering Liisberg and S. Juul Jørgensen, Agents); Republic of Finland (represented by: J. Heliskoski and H. Leppo, Agents); and European Data Protection Supervisor (EDPS) (represented initially by H. Hijmans and H. Kranenborg, and subsequently by H. Kranenborg and I. Chatelier, Agents)

Re:

Application for annulment of Decision A(2008) 22050 of the European Parliament of 17 December 2008 refusing to grant the applicant access to certain documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Gert-Jan Dennekamp to bear his own costs and to pay the costs incurred by the European Parliament;










3.


Orders the Kingdom of Denmark, the Republic of Finland and the European Data Protection Supervisor (EDPS) to bear their own costs.






(1)  OJ C 102, 1.5.2009.
Prior notification of a concentration (Case COMP/M.6432 — DSM/Roquette/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-11-23
Institutions: European Commission
Subjects: chemical industry, economic concentration, food industry, merger control, pharmaceutical industry, starch








C_2011343EN.01001801.xml










23.11.2011   


EN


Official Journal of the European Union


C 343/18





Prior notification of a concentration
(Case COMP/M.6432 — DSM/Roquette/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 343/08






1.


On 17 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 DSM Succinic Acid BV (the Netherlands) controlled by Koninklijke DSM NV (‘DSM’, the Netherlands) and Roquette BV (‘Roquette’, the Netherlands) belonging to the Roquette Frères group (France) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of Reverdia VOF (the Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for DSM: human and animal nutrition, pharmaceuticals, performance materials and industrial chemicals,










—


for Roquette: production of starch and starch derivatives.














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.6432 — DSM/Roquette/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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-514/09: Judgment of the General Court of 23 November 2011 — bpost v Commission (Public service contracts — Tendering procedure of the PO — Daily transport and delivery of the Official Journal, books, other periodicals and publications — Rejection of the tender of a tenderer and decision to award the contract to another tenderer — Award criteria — Obligation to state the reasons on which the decision is based — Manifest error of assessment — Non-contractual liability)
Date: 2011-11-23
Institutions: General Court
Subjects: EU Official Journal, EU publication, Publications Office of the European Union, award of contract, carriage of goods, document management, invitation to tender, serial publication, services contract








C_2012013EN.01001201.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/12





Judgment of the General Court of 23 November 2011 — bpost v Commission
(Case T-514/09) (1)

(Public service contracts - Tendering procedure of the PO - Daily transport and delivery of the Official Journal, books, other periodicals and publications - Rejection of the tender of a tenderer and decision to award the contract to another tenderer - Award criteria - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Non-contractual liability)
2012/C 13/22
Language of the case: English

Parties


Applicant: bpost NV van publiek recht, formerly De Post NV van publiek recht (Brussels, Belgium) (represented by: R. Martens, B. Schutyser and A. Van Vaerenbergh, lawyers)

Defendant: European Commission (represented by: E. Manhaeve and N. Bambara, Agents, assisted by P. Wytinck, lawyer)

Re:

Application, first, for the annulment of the decision of the Publications Office of the European Union, communicated by letter of 17 December 2009, to reject the tender submitted by the applicant under invitation to tender No 10234 ‘Daily transport and delivery of the Official Journal, books, other periodicals and publications’ (OJ 2009/S 176-253034) and award the contract to the successful tenderer, and, second, for damages.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders bpost NV van publiek recht to pay the costs, including those relating to the interlocutory proceedings.






(1)  OJ C 51, 27.2.2010.