do-me/EUR-LEX huggingface dataset:
Case T-284/12: Action brought on 29 June 2012 — Oro Clean Chemie v OHIM — Merz Pharma (PROSEPT)
Date: 2012-06-29
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2012258EN.01002502.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/25





Action brought on 29 June 2012 — Oro Clean Chemie v OHIM — Merz Pharma (PROSEPT)
(Case T-284/12)
2012/C 258/47
Language in which the application was lodged: German

Parties


Applicant: Oro Clean Chemie AG (Fehraltorf, Switzerland) (represented by: F. Ekey, lawyer)

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

Other party to the proceedings before the Board of Appeal: Merz Pharma GmbH & Co. KGaA (Frankfurt am Main, Germany)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2012 in Case R 1053/2011-1;










—


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 word mark ‘PROSEPT’ for goods in Class 5 — Community trade mark application No 8 353 245

Proprietor of the mark or sign cited in the opposition proceedings: Merz Pharma GmbH & Co. KGaA

Mark or sign cited in opposition: the national word mark ‘Pursept’ for goods in Class 5

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:







—


Infringement of the second sentence of Article 75 and Article 76(1) of Regulation No 207/2009










—


Infringement of Article 8(1)(b) of Regulation No 207/2009
Prior notification of a concentration (Case COMP/M.5979 — KGHM/Tauron Wytwarzanie/JV)  Text with EEA relevance
Date: 2012-06-29
Institutions: European Commission
Subjects: economic concentration, energy distribution, energy industry, merger control, mining extraction








C_2012189EN.01001801.xml










29.6.2012   


EN


Official Journal of the European Union


C 189/18





Prior notification of a concentration
(Case COMP/M.5979 — KGHM/Tauron Wytwarzanie/JV)
(Text with EEA relevance)
2012/C 189/06






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 KGHM Polska Miedź SA (‘KGHM’, Poland) and Tauron Wytwarzanie SA (‘Tauron Wytwarzanie’, Poland) belonging to Tauron Polska Energia SA group (‘Tauron’, Poland) acquire within the meaning of Article 3(4) of the Merger Regulation joint control of Elektrownia Blachownia Nowa Sp. z o.o. (‘JV’, Poland) 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 KGHM: mining of copper and other non-ferrous metals,










—


for Tauron: energy sector, including generation, transmission and distribution and supply of electricity as well as generation of heat,










—


for JV: generation and supply of electricity.














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.5979 — KGHM/Tauron Wytwarzanie/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’).
COMMISSION STAFF WORKING DOCUMENT Statistics Accompanying the document Report from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions On the Functioning of the Notification procedure under the WTO Agreement on Technical Barriers to Trade (TBT Agreement)
Date: 2012-06-29
Institutions: European Commission
Subjects: EU statistics, World Trade Organisation, administrative transparency, exchange of information, market access, small and medium-sized enterprises, technical barriers to trade, technical standard, trade statistics

EUROPEAN COMMISSION 

Brussels, 29.6.2012  
SWD(2012) 189 final 

COMMISSION STAFF WORKING DOCUMENT 

Statistics 

Accompanying the document 

Report from the Commission to the European Parliament, the Council, the Economic 
and Social Committee and the Committee of the Regions 

On the Functioning of the Notification procedure under the WTO Agreement on 
Technical Barriers to Trade (TBT Agreement) 

{COM(2012) 354 final} 

EN 

   EN 

 
 
 
 
  
 
COMMISSION STAFF WORKING DOCUMENT 

Statistics 

Accompanying the document 

Report from the Commission to the European Parliament, the Council, the Economic 
and Social Committee and the Committee of the Regions 

On the Functioning of the Notification procedure under the WTO Agreement on 
Technical Barriers to Trade (TBT Agreement) 

1. 

TOTAL NUMBER OF TBT NOTIFICATIONS AND EU REACTIONS (2004-2011) 

EN 

2 

   EN 

 
 
 
2. 

TOTAL  NUMBER  OF  EU  NOTIFICATIONS  AND  REACTIONS  FROM  OTHER  WTO 
MEMBERS (2004-2011) 

3. 

TOTAL NUMBER OF EU MEMBER STATES' NOTIFICATIONS (2004-2011) 

EN 

3 

   EN 

 
 
 
 
4. 

AVERAGE PERIOD GIVEN FOR COMMENTING ON EU NOTIFICATIONS (2004-2011) 

EN 

4 

   EN
Case C-316/12: Reference for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 29 June 2012 — J. Sebastian Guevara Kamm v TAM Airlines S.A./TAM Linhas Aéreas S.A.
Date: 2012-06-29
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, indemnification, traveller








C_2012295EN.01001801.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/18





Reference for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 29 June 2012 — J. Sebastian Guevara Kamm v TAM Airlines S.A./TAM Linhas Aéreas S.A.
(Case C-316/12)
2012/C 295/30
Language of the case: German

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings


Applicant: J. Sebastian Guevara Kamm

Defendant: TAM Airlines S.A./TAM Linhas Aéreas S.A.

Question referred

Is Article 2(j) of Regulation (EC) No 261/2004 (1) to be interpreted, with regard to the ‘reasonable grounds’ mentioned therein, to the effect that ‘reasonable grounds’ can only be grounds pertaining to the person of the passenger which jeopardise the safety of air transport or of other passengers or which affect other public or contractual interests, or can ‘reasonable grounds’ also be other grounds not pertaining to the person of the passenger, in particular cases of force majeure?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Euro exchange rates
Date: 2012-06-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2012189EN.01000201.xml










29.6.2012   


EN


Official Journal of the European Union


C 189/2





Euro exchange rates (1)

28 June 2012
2012/C 189/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2418




JPY


Japanese yen


98,60




DKK


Danish krone


7,4330




GBP


Pound sterling


0,79885




SEK


Swedish krona


8,8009




CHF


Swiss franc


1,2010




ISK


Iceland króna


 




NOK


Norwegian krone


7,5465




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,810




HUF


Hungarian forint


287,83




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6965




PLN


Polish zloty


4,2872




RON


Romanian leu


4,4510




TRY


Turkish lira


2,2691




AUD


Australian dollar


1,2357




CAD


Canadian dollar


1,2764




HKD


Hong Kong dollar


9,6349




NZD


New Zealand dollar


1,5728




SGD


Singapore dollar


1,5884




KRW


South Korean won


1 436,46




ZAR


South African rand


10,4610




CNY


Chinese yuan renminbi


7,8959




HRK


Croatian kuna


7,5170




IDR


Indonesian rupiah


11 762,51




MYR


Malaysian ringgit


3,9676




PHP


Philippine peso


52,630




RUB


Russian rouble


41,1430




THB


Thai baht


39,589




BRL


Brazilian real


2,5898




MXN


Mexican peso


16,9208




INR


Indian rupee


70,6030






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.6469 — Tognum/TMH)  Text with EEA relevance
Date: 2012-06-29
Institutions: European Commission
Subjects: Russia, diesel engine, economic concentration, merger control








C_2012189EN.01000102.xml










29.6.2012   


EN


Official Journal of the European Union


C 189/1





Non-opposition to a notified concentration
(Case COMP/M.6469 — Tognum/TMH)
(Text with EEA relevance)
2012/C 189/02
On 21 June 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 32012M6469. EUR-Lex is the on-line access to the European law.
Case T-360/09: Judgment of the General Court of 29 June 2012 — E.ON Ruhrgas and E.ON v Commission (Competition — Agreements, decisions and concerted practices — German and French markets for natural gas — Decision finding an infringement of Article 81 EC — Market sharing — Duration of the infringement — Fines)
Date: 2012-06-29
Institutions: General Court
Subjects: France, Germany, administrative sanction, energy industry, gas supply, market-sharing agreement, natural gas








C_2012243EN.01001503.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/15





Judgment of the General Court of 29 June 2012 — E.ON Ruhrgas and E.ON v Commission
(Case T-360/09) (1)

(Competition - Agreements, decisions and concerted practices - German and French markets for natural gas - Decision finding an infringement of Article 81 EC - Market sharing - Duration of the infringement - Fines)
2012/C 243/28
Language of the case: German

Parties


Applicants: E.ON Ruhrgas AG (Essen, Germany), and E.ON AG (Düsseldorf, Germany) (represented by: G. Wiedemann and T. Klose, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, A. Bouquet and R. Sauer, acting as Agents, assisted by M. Buntscheck, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 [EC] (Case COMP/39.401 — E.ON/GDF), and, in the alternative, for a reduction in the amount of the fine imposed on the applicants

Operative part of the judgment

The Court:






1.


Annuls Article 1 of Commission Decision C(2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 [EC] (Case COMP/39.401 — E.ON/GDF), first, inasmuch as it found that the duration of the infringement was from 1 January 1980 until at least 24 April 1998 as regards the infringement committed in Germany and, secondly, inasmuch as it found that an infringement was committed in France from 13 August 2004 to 30 September 2005;










2.


Sets the amount of the fine imposed on E.ON Ruhrgas AG and E.ON AG in Article 2(a) of Decision C(2009) 5355 final at EUR 320 million;










3.


Dismisses the action as to the remainder;










4.


Orders each party to bear its own costs.






(1)  OJ C 282, 21.11.2009.
Non-opposition to a notified concentration (Case COMP/M.6563 — Mexichem SIH/Wavin)  Text with EEA relevance
Date: 2012-06-29
Institutions: European Commission
Subjects: economic concentration, merger control, plastics industry








C_2012189EN.01000101.xml










29.6.2012   


EN


Official Journal of the European Union


C 189/1





Non-opposition to a notified concentration
(Case COMP/M.6563 — Mexichem SIH/Wavin)
(Text with EEA relevance)
2012/C 189/01
On 4 June 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 32012M6563. EUR-Lex is the on-line access to the European law.
Case T-290/12: Action brought on 29 June 2012 — Poland v Commission
Date: 2012-06-29
Institutions: General Court
Subjects: infringement of EU law, principle of legal certainty, principle of proportionality








C_2012250EN.01001802.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/18





Action brought on 29 June 2012 — Poland v Commission
(Case T-290/12)
2012/C 250/34
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented by: B. Majczyna and M. Szpunar, Agents)

Defendant: European Commission

Form of order sought







—


Annul Article 1(2), (3), (4), (6), (12) and (13), Annexes I and II, and Article 2(1) to (3), in conjunction with Article 3, of Commission Implementing Regulation (EU) No 302/2012 of 4 April 2012 amending Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 99 of 5.4.2012, p. 21);










—


Order the European Commission to pay the costs of the proceedings.





Pleas in law and main arguments

In support of its action, the applicant relies on four pleas in law.






1.


First plea in law:






—


infringement of the principles of legal certainty and of the protection of legitimate expectations;














2.


Second plea in law:






—


infringement of the principle of proportionality;














3.


Third plea in law:






—


breach of Article 296 TFEU by virtue of the inadequate reasons given for the contested provisions;














4.


Fourth plea in law:






—


infringement of the principles of solidarity and of loyal cooperation.
Prior notification of a concentration (Case COMP/M.6537 — Faurecia/Plastal)  Text with EEA relevance
Date: 2012-06-29
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry, plastics industry








C_2012189EN.01001701.xml










29.6.2012   


EN


Official Journal of the European Union


C 189/17





Prior notification of a concentration
(Case COMP/M.6537 — Faurecia/Plastal)
(Text with EEA relevance)
2012/C 189/05






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 Faurecia Investments SAS (France), a subsidiary of Faurecia SA (‘Faurecia’, France) controlled by PSA Peugeot Citroën SA (France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Plastal SAS (‘Plastal’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Faurecia: engineering, production and supply of automotive equipment, in particular of vehicle seating, interior systems, exterior systems and exhaust systems,










—


for Plastal: engineering, production and supply of thermoplastic engineered plastic components for the automotive industry, in particular bumpers and other exterior parts.














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.6537 — Faurecia/Plastal, 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 T-370/09: Judgment of the General Court of 29 June 2012 — GDF Suez v Commission (Competition — Agreements, decisions and concerted practices — German and French markets for natural gas — Decision finding an infringement of Article 81 EC — Market sharing — Duration of the infringement — Fines)
Date: 2012-06-29
Institutions: General Court
Subjects: France, Germany, energy industry, gas supply, natural gas, price agreement








C_2012243EN.01001601.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/16





Judgment of the General Court of 29 June 2012 — GDF Suez v Commission
(Case T-370/09) (1)

(Competition - Agreements, decisions and concerted practices - German and French markets for natural gas - Decision finding an infringement of Article 81 EC - Market sharing - Duration of the infringement - Fines)
2012/C 243/29
Language of the case: French

Parties


Applicant: GDF Suez (Paris, France) (represented by: J. P. Gunther and C. Breuvart, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, A. Bouquet and R. Sauer, Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 [EC] (Case COMP/39.401 — E.ON/GDF), and, in the alternative, for annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Annuls Article 1 of Commission Decision C(2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 [EC] (Case COMP/39.401 — E.ON/GDF), first, inasmuch as it found that the duration of the infringement was from 1 January 1980 until at least 24 April 1998 as regards the infringement committed in Germany and, secondly, inasmuch as it found that an infringement was committed in France from 13 August 2004 to 30 September 2005;










2.


Sets the amount of the fine imposed on GDF Suez SA in Article 2(b) of Decision C(2009) 5355 final at EUR 320 million;










3.


Dismisses the action as to the remainder;










4.


Orders each party to bear its own costs.






(1)  OJ C 282, 21.11.2009.