do-me/EUR-LEX huggingface dataset:
Case T-171/12: Action brought on 12 April 2012 — Peri v OHIM (Shape of a turnbuckle)
Date: 2012-04-12
Institutions: General Court
Subjects: EU trade mark, building industry, registered trade mark, trade-mark law








C_2012184EN.01001801.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/18





Action brought on 12 April 2012 — Peri v OHIM (Shape of a turnbuckle)
(Case T-171/12)
2012/C 184/32
Language of the case: German

Parties


Applicant: Peri GmbH (Weißenhorn, Germany) (represented by J. Dönch, lawyer)

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

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 January 2012 in Case R 1209/2011-1;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Three-dimensional mark in the shape of a turnbuckle, for goods in Classes 6 and 19 — application No 9 462 078

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and (e)(i) and (ii) of Regulation No 207/2009
Euro exchange rates
Date: 2012-04-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2012106EN.01000201.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/2





Euro exchange rates (1)

11 April 2012
2012/C 106/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3131




JPY


Japanese yen


106,18




DKK


Danish krone


7,4379




GBP


Pound sterling


0,82595




SEK


Swedish krona


8,9070




CHF


Swiss franc


1,2011




ISK


Iceland króna


 




NOK


Norwegian krone


7,6040




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,823




HUF


Hungarian forint


298,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6992




PLN


Polish zloty


4,1937




RON


Romanian leu


4,3743




TRY


Turkish lira


2,3711




AUD


Australian dollar


1,2743




CAD


Canadian dollar


1,3166




HKD


Hong Kong dollar


10,1958




NZD


New Zealand dollar


1,6029




SGD


Singapore dollar


1,6521




KRW


South Korean won


1 501,83




ZAR


South African rand


10,4961




CNY


Chinese yuan renminbi


8,2741




HRK


Croatian kuna


7,4705




IDR


Indonesian rupiah


12 021,89




MYR


Malaysian ringgit


4,0340




PHP


Philippine peso


56,201




RUB


Russian rouble


38,9810




THB


Thai baht


40,562




BRL


Brazilian real


2,4068




MXN


Mexican peso


17,2549




INR


Indian rupee


67,5920






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.6543 — Wienerberger/Pipelife International) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-04-12
Institutions: European Commission
Subjects: building materials, economic concentration, merger control, piping








C_2012106EN.01000501.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/5





Prior notification of a concentration
(Case COMP/M.6543 — Wienerberger/Pipelife International)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 106/05






1.


On 26 March 2012, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Wienerberger AG (Austria) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Pipelife International GmbH (Austria), formerly a joint venture of Wienerberger AG and the Solvay Group (Belgium), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Wienerberger produces building materials, particularly clay tiles used as building materials for roofs and walls, for the international market. It also produces stoneware sewage pipes,










—


Pipelife produces and sells plastic piping systems, also serving the international market. Pipelife’s main line of business is the production of sewage pipes.














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.6543 — Wienerberger/Pipelife International, 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-196/11: Action brought on 12 April 2012 — AX v Council
Date: 2012-04-12
Institutions: General Court
Subjects: Belarus, civil servant, external border of the EU, head of State, international sanctions, principle of proportionality, removal, rights of the defence, transit charge








C_2012165EN.01001903.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/19





Action brought on 12 April 2012 — AX v Council
(Case T-196/11)
2012/C 165/34
Language in which the application was lodged: French

Parties


Applicant: AX (Polotsk, Belarus) (represented by: M. Michalauskas, lawyer)

Defendant: Council of the European Union

Form of order sought







—


The applicant claims that the General Court should:










—


Annul Council Decision 2011/69/CFSP of 31 January 2011 amending Council Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, in so far as concerns the applicant;










—


Annul Council Regulation No 84/2011 of 31 January 2011 amending Regulation No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, in so far as concerns the applicant;










—


Annul Council Implementing Decision 2011/174/CFSP of 21 March 2011 implementing Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, in so far as concerns the applicant;










—


Annul Council Implementing Regulation No 271/2011 of 21 March 2011 implementing Article 8a(1) of Regulation No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, in so far as concerns the applicant;










—


Order the Council to pay the costs.





Pleas in law and main arguments

The applicant relies on three pleas in law in support of its action.






1.


The first plea, alleging an insufficient statement of reasons and breach of the rights of the defence, since the reasons given for the contested measures do not enable the applicant to contest the validity of the measures before the General Court or the latter to review the lawfulness of the measures.










2.


The second plea, alleging error of assessment, since there is no factual justification for the contested measures.










3.


The third plea, alleging failure to have regard to the principle of proportionality, in particular with regard to the restriction on entry into and transit within the territory of the European Union.
Non-opposition to a notified concentration (Case COMP/M.6510 — Remondis/Sortiva/Stam Papier Recycling)  Text with EEA relevance
Date: 2012-04-12
Institutions: European Commission
Subjects: economic concentration, merger control, waste recycling








C_2012106EN.01000101.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/1





Non-opposition to a notified concentration
(Case COMP/M.6510 — Remondis/Sortiva/Stam Papier Recycling)
(Text with EEA relevance)
2012/C 106/01
On 30 March 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 32012M6510. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6551 — Kellogg Company/Pringles Snack Business) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-04-12
Institutions: European Commission
Subjects: economic concentration, food cereals, food production, foodstuff, merger control, potato








C_2012106EN.01000301.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/3





Prior notification of a concentration
(Case COMP/M.6551 — Kellogg Company/Pringles Snack Business)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 106/03






1.


On 28 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Kellogg Company (‘Kellogg’, US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the entire Pringles Snacks Business of the The Procter & Gamble Company (‘P&G’, US) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for Kellogg: producer of ready-to-eat cereal and convenience foods, such as cookies, crackers, toaster pastries, cereal bars, fruit-flavored snacks, frozen waffles and veggie foods. In the EEA, it sells ready-to-eat cereals, cereal bars, toaster pastries and fruit-flavoured snacks,










—


for Pringles Snacks Business: producer of ‘Pringles’ extruded potato crisps in the EEA.














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.6551 — Kellogg Company/Pringles Snack Business, 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’).
Prior notification of a concentration (Case COMP/M.6518 — ESB NM/BPAEL/Heliex Power Limited) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-04-12
Institutions: European Commission
Subjects: economic concentration, investment company, marketing, merger control, renewable energy








C_2012106EN.01000801.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/8





Prior notification of a concentration
(Case COMP/M.6518 — ESB NM/BPAEL/Heliex Power Limited)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 106/08






1.


On 2 April 2012 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 ESB Novusmodus LP (‘ESB NM’, Ireland), belonging to the group ESB, and BP Alternative Energy International Limited (‘BPAEL’, the United Kingdom), belonging to the group BP, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Heliex Power Limited (‘HPL’, the United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for undertaking ESB NM: investment fund focus on the cleantech and renewables sector,










—


for undertaking BPAEL: development, production and marketing of bio-fuels, wind and solar energy,










—


for undertaking HPL: production and development of screw expanders.














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.6518 — ESB NM/BPAEL/Heliex Power Limited, 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’).
Prior notification of a concentration (Case COMP/M.6522 — Groupe Lactalis/Skånemejerier)  Text with EEA relevance
Date: 2012-04-12
Institutions: European Commission
Subjects: economic concentration, food industry, marketing, merger control, milk product








C_2012106EN.01000601.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/6





Prior notification of a concentration
(Case COMP/M.6522 — Groupe Lactalis/Skånemejerier)
(Text with EEA relevance)
2012/C 106/06






1.


On 30 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the B.S.A. International (France), controlled by the Lactalis Group (‘Lactalis’, France), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Skånemejerier AB (‘Skånemejerier’), a subsidiary of the cooperative Skånemejerier ek. för (Sweden), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Lactalis: the production and marketing of drinking milk, butter, cheeses, fresh products, cream and industrial dairy products (milk powder, whey, etc.),










—


for Skånemejerier: production and marketing of drinking milk, fresh dairy products, cheese, cream, butter and juices.














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.6522 — Groupe Lactalis/Skånemejerier, 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.6530 — EDF/Edison) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-04-12
Institutions: European Commission
Subjects: economic concentration, electrical energy, electrical industry, electricity supply, merger control








C_2012106EN.01000401.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/4





Prior notification of a concentration
(Case COMP/M.6530 — EDF/Edison)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 106/04






1.


On 29 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Electricité de France SA (‘EDF’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Edison SpA (‘Edison’, Italy), by way of a purchase of shares. Edison is currently jointly controlled by EDF and A2A SpA (Italy).










2.


The business activities of the undertakings concerned are:






—


for EDF: generation and wholesale supply of electricity, transmission, distribution, retail supply and other electricity-related services in France and other countries, including Italy, as well as wholesale and retail supply of natural gas,










—


for Edison: generation, trading, wholesale and retail supply of electricity and exploration, production, transportation, storage, distribution, wholesale and retail supply of natural gas, in Italy.














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.6530 — EDF/Edison, 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’).
Prior notification of a concentration (Case COMP/M.6529 — ABB/Thomas & Betts)  Text with EEA relevance
Date: 2012-04-12
Institutions: European Commission
Subjects: automation, economic concentration, electrical engineering, marketing, merger control








C_2012106EN.01000701.xml










12.4.2012   


EN


Official Journal of the European Union


C 106/7





Prior notification of a concentration
(Case COMP/M.6529 — ABB/Thomas & Betts)
(Text with EEA relevance)
2012/C 106/07






1.


On 30 March 2012, 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 ABB Ltd (‘ABB’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Thomas & Betts Corporation (‘T&B’, United States of America) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for ABB: manufacturing and marketing of products for the power and automation industry including power products, power systems, discrete automation and motion products, process automation products and low voltage products,










—


for T&B: designing, manufacturing and marketing of electrical components and systems for residential, commercial, institutional and industrial use, of commercial heating, ventilation and air conditioning products and of engineered steel structures used in transmission networks.














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.6529 — ABB/Thomas & Betts, 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’).