do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6442 — Virgin Money/Northern Rock) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-11-30
Institutions: European Commission
Subjects: economic concentration, financial institution, merger control








C_2011349EN.01001501.xml










30.11.2011   


EN


Official Journal of the European Union


C 349/15





Prior notification of a concentration
(Case COMP/M.6442 — Virgin Money/Northern Rock)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 349/08






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) under which the undertaking Virgin Money Holdings (UK) Limited (jointly controlled by Virgin Financial Services UK Holding Limited, a subsidiary of Virgin Group Holdings Limited, and WLR IV VM LLC, a special purpose vehicle whose underlying investors are ultimately controlled by WL Ross Group L.P.) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Northern Rock plc (UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Virgin Money Holdings Limited: retail banking activities and distribution of insurance products,










—


for Northern Rock plc: retail banking activities and distribution of insurance products.














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.6442 — Virgin Money/Northern Rock, 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 C-616/11: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 30 November 2011 — T-Mobile Austria GmbH v Verein für Konsumenteninformation
Date: 2011-11-30
Institutions: Court of Justice
Subjects: consumer, payment, provision of services, single market, telecommunications industry








C_2012073EN.01001403.xml










10.3.2012   


EN


Official Journal of the European Union


C 73/14





Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 30 November 2011 — T-Mobile Austria GmbH v Verein für Konsumenteninformation
(Case C-616/11)
2012/C 73/26
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Appellant on a point of law: T-Mobile Austria GmbH

Respondent on a point of law: Verein für Konsumenteninformation

Questions referred







1.


Is Article 52(3) of Directive 2007/64/EC (1) to be interpreted as meaning that it is also applicable to the contractual relationship between a mobile phone operator, as payee, and that operator’s private customer (the consumer), as payer?










2.


Are a cash payment form signed by the payer in person and/or the procedure for ordering transfers based on a signed cash payment form and the agreed procedure for ordering transfers through online banking (telebanking) to be regarded as ‘payment instruments’ within the meaning of Article 4.23 and Article 52(3) of Directive 2007/64/EC?










3.


Is Article 52(3) of Directive 2007/64/EC to be interpreted as precluding the application of provisions of national law which prohibit a payee from levying charges in general and from levying different charges for different payment instruments in particular?






(1)  Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market, amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ 2007 L 319, p. 1).
Case T-624/11: Action brought on 30 November 2011 — Yueqing Onesto Electric v OHIM — Ensto (ONESTO)
Date: 2011-11-30
Institutions: General Court
Subjects: EU trade mark, electrical industry, registered trade mark, trade-mark law








C_2012032EN.01003802.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/38





Action brought on 30 November 2011 — Yueqing Onesto Electric v OHIM — Ensto (ONESTO)
(Case T-624/11)
2012/C 32/76
Language in which the application was lodged: English

Parties


Applicant: Yueqing Onesto Electric Co. Ltd (Zhejiang, China) (represented by: B. Piepenbrink, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ensto Oy (Porvoo, Finland)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2011 in case R 2535/2010-2; and










—


Order that the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘ONESTO’, for goods in class 9 — Community trade mark application No W00909305

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: Community trade mark registration No 1980242 of the figurative mark ‘ENSTO’, for goods in classes 7, 9 and 11; Community trade mark registration No 40600 of the word mark ‘ENSTO’, for goods in classes 7, 9, 11 and 16; Finish trade mark registration No 218071 of the word mark ‘ENSTO’, for goods in classes 7, 9 and 11

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision and rejected the community trade mark application

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erroneously found that there exists a likelihood of confusion between the earlier mark and the Community trade mark application.