do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6414 — Itochu/Tessenderlo Chemie/Siemens Project Ventures/T-Power JV)  Text with EEA relevance
Date: 2012-01-20
Institutions: European Commission
Subjects: economic concentration, energy industry, investment company, merger control








C_2012017EN.01000601.xml










20.1.2012   


EN


Official Journal of the European Union


C 17/6





Non-opposition to a notified concentration
(Case COMP/M.6414 — Itochu/Tessenderlo Chemie/Siemens Project Ventures/T-Power JV)
(Text with EEA relevance)
2012/C 17/02
On 13 January 2012, 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 32012M6414. EUR-Lex is the on-line access to the European law.
Case C-29/12: Action brought on 20 January 2012 — European Commission v Federal Republic of Germany
Date: 2012-01-20
Institutions: Court of Justice
Subjects: Germany, infringement of EU law, national implementing measure, rail transport








C_2012098EN.01001603.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/16





Action brought on 20 January 2012 — European Commission v Federal Republic of Germany
(Case C-29/12)
2012/C 98/26
Language of the case: German

Parties


Applicant: European Commission (represented by: H. Støvlbæk and M. Noll-Ehlers, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:






—


declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Commission Directive 2009/131/EC of 16 October 2009 amending Annex VII to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (1) or fully to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under that directive;










—


order the Federal Republic of Germany to pay the costs.





Pleas in law and main arguments

The time-limit for the transposition of the directive expired on 19 July 2010.


(1)  OJ 2009 L 273, p. 12.
Case T-32/12: Action brought on 20 January 2012 — Vardar v OHIM — Joker (pingulina)
Date: 2012-01-20
Institutions: General Court
Subjects: EU trade mark, decorative item, registered trade mark, trade-mark law








C_2012109EN.01001701.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/17





Action brought on 20 January 2012 — Vardar v OHIM — Joker (pingulina)
(Case T-32/12)
2012/C 109/38
Language in which the application was lodged: English

Parties


Applicant: Muslahadin Vardar (Löhne, Germany) (represented by: I. Höfener and M. Boden, lawyers)

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

Other party to the proceedings before the Board of Appeal: Joker, Inc. (Allen, United States)

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 17 November 2011 in case R 475/2011-4, and alter it so that the opposition is rejected and the applicant’s application for registration is granted; and










—


Order 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 ‘pingulina’, in orange, violet, blue, green, yellow and black, for goods in classes 20, 24 and 25 — Community trade mark application No 8402992

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: The opposition was based inter alia upon the International trade mark registration No 537386A of the figurative mark ‘PINGU’, in black and white, for goods inter alia in classes 20, 24 and 25

Decision of the Opposition Division: Upheld the opposition in its entirety and rejected the CTM application

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 concluded that there was a likelihood of confusion between the mark applied for and the earlier marks.
Case T-315/10: Order of the General Court of 20 January 2012 — Groupe Partouche v Commission (Action for annulment — Concentrations — Decision declaring the concentration compatible with the common market — Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility)
Date: 2012-01-20
Institutions: General Court
Subjects: common market, economic concentration, gaming establishment








C_2012080EN.01001803.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/18





Order of the General Court of 20 January 2012 — Groupe Partouche v Commission
(Case T-315/10) (1)

(Action for annulment - Concentrations - Decision declaring the concentration compatible with the common market - Article 44(1)(c) of the Rules of Procedure of the General Court - Inadmissibility)
2012/C 80/31
Language of the case: French

Parties


Applicant: Groupe Partouche (Paris, France) (represented by: J.-J. Sebag, lawyer)

Defendant: European Commission (represented by: A. Biolan, F. Ronkes Agerbeek and N. von Lingen, lawyers)

Interveners in support of the defendant: La Française des Jeux (Boulogne-Billancourt, France); and Groupe Lucien Barrière (Paris, France) (represented by: D. Théophile and P. Mèle, lawyers)

Re:

Application for annulment of Commission Decision C(2010) 3333 of 21 May 2010 declaring the concentration operation for the acquisition by La Française des Jeux and Groupe Lucien Barrière of joint control over the undertaking Newco (Case COMP/M.5786 — Française des Jeux/Groupe Lucien Barrière/JV) to be compatible with the internal market and the Agreement on the European Economic Area (EEA).

Operative part of the order







1.


The action is dismissed.










2.


Groupe Partouche shall bear its own costs and those incurred by the European Commission, La Française des Jeux and Groupe Lucien Barrière.






(1)  OJ C 274, 9.10.2010.
Euro exchange rates
Date: 2012-01-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2012017EN.01000901.xml










20.1.2012   


EN


Official Journal of the European Union


C 17/9





Euro exchange rates (1)

19 January 2012
2012/C 17/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2911




JPY


Japanese yen


99,19




DKK


Danish krone


7,4358




GBP


Pound sterling


0,83560




SEK


Swedish krona


8,7605




CHF


Swiss franc


1,2076




ISK


Iceland króna


 




NOK


Norwegian krone


7,6620




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,298




HUF


Hungarian forint


302,11




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7002




PLN


Polish zloty


4,3250




RON


Romanian leu


4,3438




TRY


Turkish lira


2,3620




AUD


Australian dollar


1,2391




CAD


Canadian dollar


1,3012




HKD


Hong Kong dollar


10,0206




NZD


New Zealand dollar


1,6102




SGD


Singapore dollar


1,6449




KRW


South Korean won


1 466,73




ZAR


South African rand


10,2423




CNY


Chinese yuan renminbi


8,1545




HRK


Croatian kuna


7,5660




IDR


Indonesian rupiah


11 590,53




MYR


Malaysian ringgit


4,0069




PHP


Philippine peso


56,147




RUB


Russian rouble


40,5596




THB


Thai baht


40,837




BRL


Brazilian real


2,2804




MXN


Mexican peso


17,1321




INR


Indian rupee


64,9170






(1)  Source: reference exchange rate published by the ECB.
Case F-8/12: Action brought on 20 January 2012 — ZZ v EASA
Date: 2012-01-20
Institutions: Civil Service Tribunal
Subjects: European Aviation Safety Agency, dismissal, indemnification, interest, psychological harassment, servant (EU)








C_2012065EN.01002802.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/28





Action brought on 20 January 2012 — ZZ v EASA
(Case F-8/12)
2012/C 65/56
Language of the case: French

Parties


Applicant: ZZ (represented by: B.-H. Vincent, lawyer)

Defendant: European Aviation Safety Agency

Subject-matter and description of the proceedings

Annulment of the decision to dismiss the applicant and compensation for damage claimed to be suffered because of that dismissal and alleged harassment.

Form of order sought

The applicant claims that the Tribunal should:






—


order EASA to pay EUR 1 514 257,48 in compensation for material and non-material damage associated with the loss of the applicant’s temporary staff post, with the addition of interest at the legal rate from the date at which interest is due;










—


order EASA to pay a daily sum fixed on an equitable basis at EUR 500,00 per day from 31 May 2010 until the date of service of final judgment as compensation for the entirety of the damage caused by harassment committed by EASA agents, with the addition of interest at the legal rate from the date at which interest is due;










—


order EASA to pay the costs.
Commission Opinion of 20 January 2012 relating to the modified plan for the disposal of radioactive waste arising from the Blayais Nuclear Power Station, located in France
Date: 2012-01-20
Institutions: European Commission
Subjects: France, air quality, exchange of information, nuclear power station, radioactive waste, soil pollution, waste disposal, water pollution








C_2012018EN.01000101.xml










21.1.2012   


EN


Official Journal of the European Union


C 18/1





COMMISSION OPINION
of 20 January 2012
relating to the modified plan for the disposal of radioactive waste arising from the Blayais Nuclear Power Station, located in France
(Only the French text is authentic)
2012/C 18/01
The assessment below is carried out under the provisions of the Euratom Treaty, without prejudice to any additional assessments to be carried out under the Treaty on the Functioning of the European Union and the obligations stemming from it and from secondary legislation.
On 6 September 2011, the European Commission received from the French Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the modified plan for the disposal of radioactive waste arising from the Blayais Nuclear Power Station.
On the basis of these data and following consultation with the Group of Experts, the Commission has drawn up the following opinion:






1.


The distances from the power station to the nearest Member States are 226 km for Spain and 568 km for Italy.










2.


The planned modification aims at using MOx fuel assemblies in two of the four units present on the site (units 3 and 4).










3.


During normal operating conditions, the planned modification will not cause an exposure of the population of another Member State that is significant from the point of view of health.










4.


In the event of unplanned releases of radioactive effluents which may follow an accident of the type and magnitude considered in the General Data, the planned modification is not likely to lead to doses to the population of another Member State that would be significant from the point of view of health.




In conclusion, the Commission is of the opinion that the implementation of the modified plan for the disposal of radioactive waste in whatever form from the Blayais Nuclear Power Station, located in France, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination of the water, soil or airspace of another Member State that would be significant from the point of view of health.

Done at Brussels, 20 January 2012.


For the Commission

Günther OETTINGER

Member of the Commission
Case F-9/12: Action brought on 20 January 2012 — ZZ v European Parliament
Date: 2012-01-20
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, indemnification, personnel administration








C_2012133EN.01003002.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/30





Action brought on 20 January 2012 — ZZ v European Parliament
(Case F-9/12)
2012/C 133/60
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Lévi and M. Vandenbussche, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Application for an order that the European Parliament pay compensation for the material and non-material loss allegedly suffered by the applicant as a result of errors committed in the management of her reserve list

Form of order sought







—


Recognise that the Parliament has non-contractual liability for the errors committed in the management of her reserve list;










—


Pay compensation for the applicant’s material loss evaluated, for the period from December 2003 to December 2011, at EUR 749 449,03, plus pensions funds, and for the subsequent period until the legal retirement age, at the monthly net payment amounts corresponding to the salaries fixed for officials in function group AD from grade AD 9 step 2, second year, taking account of the normal career of an official of that grade, supplemented by the corresponding contributions to the sickness fund. All to be increased by late-payment interest at the rate of the European Central Bank plus two points;










—


Pay compensation for the non-material loss evaluated at EUR 70 000;










—


Order the European Parliament to pay the costs.
Case C-575/10: Order of the President of the Seventh Chamber of the Court of 20 January 2012 — European Commission v Hungary
Date: 2012-01-20
Institutions: Court of Justice
Subjects: Hungary, award of contract








C_2012109EN.01000804.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/8





Order of the President of the Seventh Chamber of the Court of 20 January 2012 — European Commission v Hungary
(Case C-575/10) (1)

2012/C 109/17
Language of the case: Hungarian
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 72, 5.3.2011.