do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6568 — Cisco Systems/NDS Group)  Text with EEA relevance
Date: 2012-06-27
Institutions: European Commission
Subjects: economic concentration, merger control, technology, telecommunications industry








C_2012187EN.01001601.xml










27.6.2012   


EN


Official Journal of the European Union


C 187/16





Prior notification of a concentration
(Case COMP/M.6568 — Cisco Systems/NDS Group)
(Text with EEA relevance)
2012/C 187/12






1.


On 18 June 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 Cisco Systems, Inc. (‘Cisco Systems’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking NDS Group Limited (‘NDS Group’, United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Cisco Systems: globally active in the development and sale of IP-based networking equipment related to the communications and IT industry including switches, routers, enterprise telephone systems, network and content security systems, digital set-top boxes and digital media technology products, and associated services,










—


for NDS Group: globally active in supplying digital technology and services to pay-TV service providers and content providers for satellite, cable, terrestrial, IPTV, mobile devices and hybrid TV systems.














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.6568 — Cisco Systems/NDS Group, 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’).
Notification of the Slovenian Government pursuant to Article 10(2) of Directive 2009/73/EC of the European Parliament and of the Council ( ‘Gas Directive’ ) concerning common rules for the internal market in natural gas regarding the designation of Plinovodi, d. o. o., Cesta Ljubljanske brigade 11b, 1001 Ljubljana as a transmission system operator in Slovenia
Date: 2012-06-27
Institutions: Slovenia
Subjects: gas supply, private sector, public contract








C_2013182EN.01000601.xml










27.6.2013   


EN


Official Journal of the European Union


C 182/6





Notification of the Slovenian Government pursuant to Article 10(2) of Directive 2009/73/EC of the European Parliament and of the Council (‘Gas Directive’) concerning common rules for the internal market in natural gas regarding the designation of Plinovodi, d. o. o., Cesta Ljubljanske brigade 11b, 1001 Ljubljana as a transmission system operator in Slovenia
2013/C 182/08
Following the Slovenian regulatory authority's final decision of 11 July 2012 regarding the certification of Plinovodi, d. o. o., Cesta Ljubljanske brigade 11b, 1001 Ljubljana as independent transmission operator (Chapter IV of the Gas Directive), Government of the Republic of Slovenia has notified to the Commission the official approval and designation of this company as a transmission system operator operating in Slovenia in accordance with Article 10 of the Gas Directive.
Any additional information can be obtained from:





Ministry of Infrastructure and Spatial Planning




Langusova 4




SI-1535 Ljubljana




SLOVENIJA




Tel. +386 14788000




Fax +386 14788139




E-mail: gp.mzip@gov.si




http://www.mzip.gov.si
Euro exchange rates
Date: 2012-06-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2012187EN.01000301.xml










27.6.2012   


EN


Official Journal of the European Union


C 187/3





Euro exchange rates (1)

26 June 2012
2012/C 187/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2475




JPY


Japanese yen


98,97




DKK


Danish krone


7,4334




GBP


Pound sterling


0,79960




SEK


Swedish krona


8,8204




CHF


Swiss franc


1,2010




ISK


Iceland króna


 




NOK


Norwegian krone


7,4995




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,963




HUF


Hungarian forint


286,40




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6965




PLN


Polish zloty


4,2480




RON


Romanian leu


4,4510




TRY


Turkish lira


2,2683




AUD


Australian dollar


1,2432




CAD


Canadian dollar


1,2824




HKD


Hong Kong dollar


9,6800




NZD


New Zealand dollar


1,5784




SGD


Singapore dollar


1,5983




KRW


South Korean won


1 445,32




ZAR


South African rand


10,5785




CNY


Chinese yuan renminbi


7,9387




HRK


Croatian kuna


7,5150




IDR


Indonesian rupiah


11 821,50




MYR


Malaysian ringgit


3,9801




PHP


Philippine peso


52,951




RUB


Russian rouble


41,2200




THB


Thai baht


39,708




BRL


Brazilian real


2,5768




MXN


Mexican peso


17,3809




INR


Indian rupee


71,1260






(1)  Source: reference exchange rate published by the ECB.
2012/742/EU: Decision No 2/2012 of the EU-Korea Committee on Trade and Sustainable Development of 27 June 2012 on the establishment of a Panel of Experts referred to in Article 13.15 of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
Date: 2012-06-27
Institutions: EU–Korea Trade Committee
Subjects: South Korea, free-trade agreement, self-employed person, trade agreement (EU)








L_2012331EN.01005401.xml










1.12.2012   


EN


Official Journal of the European Union


L 331/54








            DECISION No 2/2012 OF THE EU-KOREA COMMITTEE ON TRADE AND SUSTAINABLE DEVELOPMENT
         
of 27 June 2012
         
on the establishment of a Panel of Experts referred to in Article 13.15 of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
(2012/742/EU)


THE COMMITTEE ON TRADE AND SUSTAINABLE DEVELOPMENT,

Having regard to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, signed in Brussels on 6 October 2010 (‘the Parties’ and ‘the Agreement’), and in particular Article 13.15 thereof,

Whereas:







(1)


A Party may request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultations.












(2)


The implementation of the recommendations of the Panel of Experts shall be monitored by the Committee on Trade and Sustainable Development.












(3)


The Parties have developed a list of 18 names, as specified in the Annex.





HAS ADOPTED THIS DECISION:



Article 1
The list of experts who may serve as panellists for the purposes of Article 13.15 of the Agreement is set out in the Annex to this Decision, and is hereby agreed.


Article 2
This Decision shall enter into force on the date of its adoption and shall be reported to the Korea-EU Trade Committee.




Done at Brussels, 27 June 2012.


For the Committee on Trade and Sustainable Development


Co-chair of the Committee on Trade and Sustainable Development of the Republic of Korea

Kyungduck AN
            
Sanghoon KIM
            

Co-chair of the Committee on Trade and Sustainable Development of the European Union

Peter THOMPSON
            







ANNEX

LIST OF EXPERTS


Experts proposed by Korea

Kee-whahn CHAH
Young Gil CHO
Weon Jung KIM
Suh-Yong CHUNG
Taek-Whan HAN
Won-Mog CHOI

Experts proposed by the EU

Eddy LAURIJSSEN
Jorge CARDONA
Karin LUKAS
Hélène RUIZ FABRI
Laurence BOISSON DE CHAZOURNES
Geert VAN CALSTER

Chairpersons

Thomas P. PINANSKY
Nguyen Van TAI
Le HA THANH
Jill MURRAY
Ricardo MELÉNDEZ-ORTIZ
Nathalie BERNASCONI-OSTERWALDER
Case T-445/07: Judgment of the General Court of 27 June 2012 — Berning & Söhne v Commission (Competition — Agreements and concerted practices — Markets in zip fasteners and ‘other fasteners’ and attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information — Proof — Rights of the defence — Single and continuing infringement — Time-bar — Fines — Duration and gravity of the infringement — Mitigating circumstances — Equal treatment — Proportionality)
Date: 2012-06-27
Institutions: General Court
Subjects: fine, haberdashery, non-competition clause, price agreement








C_2012243EN.01001202.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/12





Judgment of the General Court of 27 June 2012 — Berning & Söhne v Commission
(Case T-445/07) (1)

(Competition - Agreements and concerted practices - Markets in zip fasteners and ‘other fasteners’ and attaching machines - Decision finding an infringement of Article 81 EC - Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information - Proof - Rights of the defence - Single and continuing infringement - Time-bar - Fines - Duration and gravity of the infringement - Mitigating circumstances - Equal treatment - Proportionality)
2012/C 243/21
Language of the case: German

Parties


Applicant: Berning & Söhne GmbH & Co. KG (Wuppertal, Germany) (represented by: P. Niggemann and K. Gaßner, lawyers)

Defendant: European Commission (represented by: K. Mojzesowicz and R. Sauer, agents)

Re:

Application for annulment of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article 81 [EC] (Case COMP/39.168 — PO/Hard Haberdashery: Fasteners) or, in the alternative, reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Berning & Söhne GmbH & Co. KG to pay the costs.






(1)  OJ C 37, 9.2.2008.
Case T-344/09: Judgment of the General Court of 27 June 2012 — Hearst Communications, Inc., v OHIM — Vida Estética (COSMOBELLEZA) (Community trade mark — Opposition proceedings — Application for Community word mark COSMOBELLEZA — Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW — Non registered marks and trade names COSMO and COSMOPOLITAN — Relative grounds for refusal — No likelihood of confusion — No similarity between the marks — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-06-27
Institutions: General Court
Subjects: EU trade mark, communications industry, registered trade mark, trade-mark law








C_2012235EN.01001301.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/13





Judgment of the General Court of 27 June 2012 — Hearst Communications, Inc., v OHIM — Vida Estética (COSMOBELLEZA)
(Case T-344/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark COSMOBELLEZA - Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW - Non registered marks and trade names COSMO and COSMOPOLITAN - Relative grounds for refusal - No likelihood of confusion - No similarity between the marks - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 235/31
Language of the case: English

Parties


Applicant: Hearst Communications, Inc., (New York, United States) (represented by: A. Nordemann, C. Czychowski and A. Nordemann-Schiffel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by C. Bartos, and subsequently by V. Melgar, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Vida Estética, SL (Barcelona, Spain) (represented by: A.I. Alejos Cutuli, lawyer)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 4 June 2009 (Case R 770/2007-2) relating to opposition proceedings between Hearst Communications, Inc. and Vida Estética, SL

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hearst Communications, Inc. to pay the costs.






(1)  OJ C 256, 24.10.2009.
Case T-282/12: Action brought on 27 June 2012 — El Corte Inglés v OHIM — Sohawon (FREE YOUR STYLE.)
Date: 2012-06-27
Institutions: General Court
Subjects: EU trade mark, registered trade mark, retail selling, textile industry, trade-mark law








C_2012258EN.01002501.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/25





Action brought on 27 June 2012 — El Corte Inglés v OHIM — Sohawon (FREE YOUR STYLE.)
(Case T-282/12)
2012/C 258/46
Language in which the application was lodged: Spanish

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nadia Mariam Sohawon (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of 17 April 2012 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 1825/2010-4, and find that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the action brought by the opposing party before OHIM should have been upheld for the following services in Class 35: retail services, wholesale services, mailing services and online retail services related to clothing, footwear and headgear, and the decision of the Opposition Division to fully grant Community trade mark No 7 396 468‘FREE YOUR STYLE’ (mixed) should have been annulled;










—


order the party or parties which oppose this action to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Nadia Mariam Sohawon

Community trade mark concerned: Figurative mark ‘FREE YOUR STYLE.’ for goods and services in Classes 25, 35 and 41 — Community trade mark application No 7 396 468

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: Community and Spanish word mark ‘FREE STYLE’ for goods in Classes 3, 18 and 25

Decision of the Opposition Division: opposition rejected

Decision of the Board of Appeal: appeal dismissed in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Special Report No 9/2012 ‘Audit of the control system governing the production, processing, distribution and imports of organic products’
Date: 2012-06-27
Institutions: European Court of Auditors
Subjects: market supervision, organic product, tax system








C_2012187EN.01000701.xml










27.6.2012   


EN


Official Journal of the European Union


C 187/7





Special Report No 9/2012 ‘Audit of the control system governing the production, processing, distribution and imports of organic products’
2012/C 187/08
The European Court of Auditors hereby informs you that Special Report No 9/2012 ‘Audit of the control system governing the production, processing, distribution and imports of organic products’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case C-310/12: Action brought on 27 June 2012 — European Commission v Hungary
Date: 2012-06-27
Institutions: Court of Justice
Subjects: fine, national implementing measure, waste recycling








C_2012366EN.01002201.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/22





Action brought on 27 June 2012 — European Commission v Hungary
(Case C-310/12)
2012/C 366/38
Language of the case: Hungarian

Parties


Applicant: European Commission (represented by: P. Hetsch, D. Düsterhaus and A. Sipos, acting as Agent(s))

Defendant(s): Hungary

Form of order sought







—


Declare that Hungary has failed to fulfil its obligations under Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (1) since it has not adopted the laws, regulations and administrative provisions necessary to bring its national law into line with the Directive, or, in any event, has not communicated such provisions to the Commission, pursuant to Article 40 of the Directive.










—


Order Hungary to pay a penalty payment pursuant to Article 260(3) TFEU of EUR 27 316,80 per day from the date of judgment, as it has not notified the Commission of the national measures adopted to implement Directive 2008/98/EC.










—


Order Hungary to pay the costs.





Pleas in law and main arguments

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives is the principal legal instrument in this sector and establishes, inter alia, the essential concepts of waste management, such as what is to be understood by the terms waste, recycling and recovery.
The period prescribed for the implementation of the Directive expired on 12 December 2010. Hungary informed the Commission that the legislative work on the implementation of the Directive was not finished. As provisions implementing the Directive have not been adopted to date, the Commission takes the view that Hungary has not fulfilled its obligations as regards the full implementation of the Directive.
Pursuant to Article 260(3) TFEU, in actions for failure to fulfil obligations pursuant to Article 258, the Commission may ask the Court of Justice to order, in its judgment declaring that the Member State has failed to fulfil its obligations, the Member State concerned to notify the Commission of the measures transposing a directive adopted under a legislative procedure, or it may specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances. In compliance with the Communication from the Commission on implementation of Article 260(3) of the TFEU, (2) the Commission calculated the proposed penalty payment according to the method for the implementation of Article 228 EC provided for in the Communication.


(1)  OJ 2008 L 312, p. 3.

(2)  OJ 2011 C 12, p. 1.
Prior notification of a concentration (Case COMP/M.6564 — ARM/Giesecke & Devrient/Gemalto/JV)  Text with EEA relevance
Date: 2012-06-27
Institutions: European Commission
Subjects: economic concentration, intellectual property, merger control, paper money








C_2012187EN.01001501.xml










27.6.2012   


EN


Official Journal of the European Union


C 187/15





Prior notification of a concentration
(Case COMP/M.6564 — ARM/Giesecke & Devrient/Gemalto/JV)
(Text with EEA relevance)
2012/C 187/11






1.


On 15 June 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 ARM Limited (‘ARM’, UK), Giesecke & Devrient GmbH (‘G&D’, Germany) and Gemalto NV (‘Gemalto’, Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Newincco 1150 Limited (‘Newincco’, UK) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


ARM is a semiconductor intellectual property supplier. ARM creates and provides intellectual property solutions for microprocessors, cache and system on chip designs, application specific standard products, related software, and development tools,










—


G&D is active in security solutions for the production and processing of banknotes, and provides smart cards and other products and services for telecommunications, cashless payment, mobile business applications, public transport, internet and network security,










—


Gemalto is active in the production of digital security solutions in various fields, including mobile communications, machine-to-machine, and secure transactions,










—


Newincco will develop and sell digital security solutions, consisting in ‘Trusted Execution Environments’, to ensure that sensitive data on consumer electronic devices is stored, processed and protected in a trusted environment.














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.6564 — ARM/Giesecke & Devrient/Gemalto/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’).
Case F-66/12: Action brought on 27 June 2012 — ZZ v Commission
Date: 2012-06-27
Institutions: Civil Service Tribunal
Subjects: European civil service, NATO, indemnification, transfer of pension rights








C_2012258EN.01002802.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/28





Action brought on 27 June 2012 — ZZ v Commission
(Case F-66/12)
2012/C 258/51
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the defendant’s decision determining the amount of transferable capital in respect of pension rights acquired prior to entry into the service and the calculation of the number of years of pensionable service recognised for the purposes of that transfer into the pension scheme of the institutions of the European Union.

Form of order sought







—


Principally,






—


annul the defendant’s decision of 30 November 2011 determining the amount of transferable capital in respect of pension rights acquired by the applicant at NATO, and the calculation of the number of years of pensionable service recognised for the purposes of that transfer into the pension scheme of the institutions of the European Union;










—


in so far as necessary, annul the decision dated 28 March 2012 expressly rejecting the applicant’s complaint dated 23 January 2012;














—


in any event,






—


acknowledge the non-material damage suffered and order the defendant to pay a sum provisionally assessed at EUR 20 000;










—


order the Commission to pay the costs.