do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6633 — Providence Equity Partners/HSE24)  Text with EEA relevance
Date: 2012-07-17
Institutions: European Commission
Subjects: Internet, economic concentration, investment company, merger control, television








C_2012210EN.01000102.xml










17.7.2012   


EN


Official Journal of the European Union


C 210/1





Non-opposition to a notified concentration
(Case COMP/M.6633 — Providence Equity Partners/HSE24)
(Text with EEA relevance)
2012/C 210/02
On 2 July 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 32012M6633. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6560 — EQT VI/BSN Medical)  Text with EEA relevance
Date: 2012-07-17
Institutions: European Commission
Subjects: economic concentration, investment company, medical device, merger control








C_2012210EN.01001101.xml










17.7.2012   


EN


Official Journal of the European Union


C 210/11





Prior notification of a concentration
(Case COMP/M.6560 — EQT VI/BSN Medical)
(Text with EEA relevance)
2012/C 210/09






1.


On 9 July 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 EQT VI (‘EQT VI’, Guernsey, the UK), part of the EQT group of private equity funds (‘EQT’, Guernsey, the UK), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of BSN medical Acquisition Holding GmbH (‘BSN medical Acquisition Holding’, Germany) and BSN medical Netherlands Holding BV BSN medical Netherlands (‘BSN medical Netherlands’, the Netherlands) and their respective subsidiaries (collectively ‘BSN Medical’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


EQT VI: investment fund making investments primarily in Northern Europe,










—


EQT: a group of private equity funds, which are managed independently and on their merits and are not, even within respective fund, financially or operationally consolidated,










—


BSN Medical: a medical device company that develops, manufactures and markets wound care, compression therapy and orthopedics products.














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.6560 — EQT VI/BSN Medical, 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’).
2012/426/CFSP: Political and Security Committee Decision EUCAP NESTOR/1/2012 of 17 July 2012 concerning the appointment of the Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
Date: 2012-07-17
Institutions: Political and Security Committee
Subjects: Horn of Africa, appointment of members, fact-finding mission, maritime safety








L_2012198EN.01001601.xml










25.7.2012   


EN


Official Journal of the European Union


L 198/16








            POLITICAL AND SECURITY COMMITTEE DECISION EUCAP NESTOR/1/2012
of 17 July 2012
         
concerning the appointment of the Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
(2012/426/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (1), and in particular Article 9(1) thereof,

Whereas:







(1)


Pursuant to Article 9(1) of Decision 2012/389/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR), including the decision to appoint a Head of Mission.












(2)


The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Jacques LAUNAY as Head of Mission of EUCAP NESTOR from 17 July 2012,





HAS ADOPTED THIS DECISION:



Article 1
Mr Jacques LAUNAY is hereby appointed Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) from 17 July 2012.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 17 July 2012.


For the Political and Security Committee


The Chairperson

O. SKOOG
            





(1)  
            OJ L 187, 17.7.2012, p. 40.
Case C-341/12 P: Appeal brought on 17 July 2012 by Mizuno KK against the judgment of the General Court (Fourth Chamber) of 8 May 2012 in Case T-101/11 Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-07-17
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, sports equipment, textile industry, trade-mark law








C_2012287EN.01002502.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/25





Appeal brought on 17 July 2012 by Mizuno KK against the judgment of the General Court (Fourth Chamber) of 8 May 2012 in Case T-101/11 Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-341/12 P)
2012/C 287/48
Language of the case: German

Parties to the proceedings


Appellant: Mizuno KK (represented by: T. Wessing, T. Raab and H. Lauf, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM)

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court of 8 May 2012 in Case T-101/11 and the decision of the First Board of Appeal of OHIM of 15 December 2010 — Case R 0821/2010-1;










—


order the other party to the proceedings to pay the costs incurred both at first instance and in the present proceedings.





Grounds of appeal and main arguments

The present appeal challenges the General Court’s judgment of 8 May 2012 in Case T-101/11, whereby the General Court dismissed the appellant’s action against the decision of the First Board of Appeal of OHIM of 15 December 2010 (Case R 821/2010-1) relating to opposition proceedings between Golfino AG and Mizuno KK.
The appellant bases its appeal essentially on the following grounds:






 


The General Court erred in law in its assessment of the scope of protection and the distinctiveness of an existing figurative mark comprising the letter ‘G’ and the symbol ‘+’. The General Court wrongly proceeded on the basis that the combination of both those elements was of no importance.










 


Hence, the General Court wrongly found that there was a likelihood of confusion between the earlier figurative mark and the mark applied for by the appellant, comprising the letter ‘G’, the symbol ‘+’, and an arrow symbol, inasmuch as, in the assessment of the similarity of the signs, the General Court did not focus on the overall impression of the two marks, but rather on their individual details.










 


In doing so, the General Court incorrectly assumed that the similarity of the letter ‘G’ in both figurative marks was of greater importance than their other, different, elements. In order properly to assess the marks, the General Court ought, however, to have examined only the overall symbols, and not focused on the letters ‘G’ in isolation.










 


Although it is true that both of the marks at issue consist in the phoneme/g/, the focal point of the marks clearly lies in their graphic design and not in their phonetic arrangement. Consequently, the existence of a likelihood of confusion between the two marks has not been shown.
Euro exchange rates
Date: 2012-07-17
Institutions: European Commission
Subjects: euro, exchange rate








C_2012210EN.01001001.xml










17.7.2012   


EN


Official Journal of the European Union


C 210/10





Euro exchange rates (1)

16 July 2012
2012/C 210/08

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2177




JPY


Japanese yen


96,25




DKK


Danish krone


7,4397




GBP


Pound sterling


0,78440




SEK


Swedish krona


8,6185




CHF


Swiss franc


1,2010




ISK


Iceland króna


 




NOK


Norwegian krone


7,4525




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,388




HUF


Hungarian forint


288,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6961




PLN


Polish zloty


4,1844




RON


Romanian leu


4,5650




TRY


Turkish lira


2,2115




AUD


Australian dollar


1,1934




CAD


Canadian dollar


1,2367




HKD


Hong Kong dollar


9,4456




NZD


New Zealand dollar


1,5338




SGD


Singapore dollar


1,5426




KRW


South Korean won


1 398,88




ZAR


South African rand


10,0722




CNY


Chinese yuan renminbi


7,7687




HRK


Croatian kuna


7,4840




IDR


Indonesian rupiah


11 530,61




MYR


Malaysian ringgit


3,8727




PHP


Philippine peso


50,968




RUB


Russian rouble


39,7916




THB


Thai baht


38,530




BRL


Brazilian real


2,4851




MXN


Mexican peso


16,2379




INR


Indian rupee


67,3700






(1)  Source: reference exchange rate published by the ECB.
Case T-517/11: Order of the General Court of 17 July 2012 — United States Polo Association v OHIM — Polo/Lauren (Representation of two polo players) (Community trade mark — Partial refusal of registration — Withdrawal of the application for registration — No need to adjudicate)
Date: 2012-07-17
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012287EN.01003102.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/31





Order of the General Court of 17 July 2012 — United States Polo Association v OHIM — Polo/Lauren (Representation of two polo players)
(Case T-517/11) (1)

(Community trade mark - Partial refusal of registration - Withdrawal of the application for registration - No need to adjudicate)
2012/C 287/58
Language of the case: English

Parties


Applicant: United States Polo Association (Lexington, Kentucky, United States) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: The Polo/Lauren Company, LP (New York, New York, United States) (represented by: M. Granado Carpenter and M. Polo Carreño, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2011 (Case R 1170/2010-2), concerning opposition proceedings between United States Polo Association and The Polo/Lauren Company, LP.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant is ordered to bear its own costs and to pay the costs of the defendant and the intervener.






(1)  OJ C 355, 3.12.2011.
Case F-54/11: Judgment of the Civil Service Tribunal (Second Chamber) of 17 July 2012 — BG v European Ombudsman (Civil service — Disciplinary measure — Disciplinary sanction — Removal from post — Existence of a preliminary investigation before the national criminal courts at the time of adoption of the decision to remove the applicant from her post — Equal treatment for men and women — Prohibition of the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave)
Date: 2012-07-17
Institutions: Civil Service Tribunal
Subjects: European civil service, criminal court, disciplinary proceedings, dismissal, equal treatment, gender equality, indemnification, motherhood








C_2013046EN.01002901.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/29





Judgment of the Civil Service Tribunal (Second Chamber) of 17 July 2012 — BG v European Ombudsman
(Case F-54/11) (1)

(Civil service - Disciplinary measure - Disciplinary sanction - Removal from post - Existence of a preliminary investigation before the national criminal courts at the time of adoption of the decision to remove the applicant from her post - Equal treatment for men and women - Prohibition of the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave)
2013/C 46/55
Language of the case: French

Parties


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

Defendant: European Ombudsman (represented by: J. Sant’Anna, Agent, D. Waelbroeck and A. Duron, lawyers)

Re:

Civil service — Application for annulment of the decision to apply to the applicant the disciplinary measure of dismissal without loss of pension rights. Consequently, a claim, primarily, to restore the applicant to her post and, in the alternative, to grant her a sum corresponding to the remuneration which she would have received between the date of effect of the dismissal and the date at which she will reach retirement age. In any event, the grant of a sum to the applicant in respect of the non-material damage suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action brought by BG;










2.


Orders BG to bear her own costs and to pay the costs incurred by the European Ombudsman.






(1)  OJ C 204, 9.7.2011, p. 30.
Case F-73/12: Action brought on 17 July 2012 — ZZ and Others v EIB
Date: 2012-07-17
Institutions: Civil Service Tribunal
Subjects: European Investment Bank, damages, indemnification, wage determination








C_2012295EN.01003302.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/33





Action brought on 17 July 2012 — ZZ and Others v EIB
(Case F-73/12)
2012/C 295/58
Language of the case: French

Parties


Applicants: ZZ and Others (represented by: L. Levi, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

First, annulment of the decisions contained in salary slips to apply the general decision of the European Investment Bank setting a salary progression capped at 2.8% for all staff and the decision establishing a merit grid entailing the loss of 1 % of salary and, second, an order that the defendant pay the difference in remuneration together with interest on arrears and damages.

Form of order sought







—


Annul the decisions to apply to the applicants the decision of the EIB’s Board of Directors of 13 December 2011 setting a salary progression capped at 2.8% and the decision of the EIB’s Management Committee of 14 February 2012 establishing a merit grid entailing the loss of 1 % of salary, decisions that are contained in the salary slips of April 2012, and annul to the same extent all the decisions contained in subsequent salary slips;










—


order the defendant to pay the difference between the remuneration resulting from the aforementioned decisions of the EIB’s Board of Directors of 13 December 2011 and of the EIB’s Management Committee of 14 February 2012 and that paid in application of the preceding salary scheme, with interest on arrears to be added to that difference in remuneration with effect from 12 April 2012 and then on the 12th day of every month until full payment, the rate of interest being the ECB rate, increased by three percentage points;










—


order the defendant to pay damages for the loss suffered by reason of the loss of purchasing power, such loss being assessed equitably, and on a provisional basis, at 1.5% of the monthly remuneration of each applicant;










—


order the EIB to pay the costs.
Corrigendum to Calls for proposals and two prizes under the 2012 and 2013 work programmes of the seventh framework programme for research, technological development and demonstration activities and the framework programme of the European Atomic Energy Community for nuclear research and training activities ( OJ C 202, 10.7.2012 )
Date: 2012-07-17
Institutions: European Commission
Subjects: EU programme, Framework Programme for Research and Development, honour, nuclear energy








C_2012210EN.01001301.xml










17.7.2012   


EN


Official Journal of the European Union


C 210/13





Corrigendum to Calls for proposals and two prizes under the 2012 and 2013 work programmes of the seventh framework programme for research, technological development and demonstration activities and the framework programme of the European Atomic Energy Community for nuclear research and training activities
(
Official Journal of the European Union C 202 of 10 July 2012
)
2012/C 210/11
On page 8, in ‘Capacities’ specific programme:
for:













‘7.


Activities of International Cooperation






FP7-INCO-2013-5’





read:













‘7.


Activities of International Cooperation






FP7-INCO-2013-9’
Case T-240/11: Order of the General Court of 17 July 2012 — L’Oréal v OHIM — United Global Media Group (MyBeauty TV) (Community trade mark — Opposition proceedings — Costs recoverable before OHIM — Costs of being represented by an employee — Article 85(1) of Regulation (EC) No 207/2009 — Action manifestly devoid of any basis in law)
Date: 2012-07-17
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark








C_2012287EN.01003101.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/31





Order of the General Court of 17 July 2012 — L’Oréal v OHIM — United Global Media Group (MyBeauty TV)
(Case T-240/11) (1)

(Community trade mark - Opposition proceedings - Costs recoverable before OHIM - Costs of being represented by an employee - Article 85(1) of Regulation (EC) No 207/2009 - Action manifestly devoid of any basis in law)
2012/C 287/57
Language of the case: English

Parties


Applicant: L’Oréal (Paris, France) (represented by: A. von Mühlendahl and S. Abel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: United Global Media Group, Inc. (El Segundo, California, United States)

Re:

Action against the decision of the First Board of Appeal of OHIM of 3 February 2011 (Case R 898/2010-1) concerning opposition proceedings between United Global Media Group, Inc. and L’Oréal.

Operative part of the order







1.


The action is dismissed.










2.


L’Oréal SA is ordered to pay the costs.






(1)  OJ C 204, 9.7.2011.
Non-opposition to a notified concentration (Case COMP/M.6574 — KPN/De Persgroep/Roularta/JV)  Text with EEA relevance
Date: 2012-07-17
Institutions: European Commission
Subjects: economic concentration, means of communication, merger control, newspaper, serial publication, telecommunications industry, telephone








C_2012210EN.01000201.xml










17.7.2012   


EN


Official Journal of the European Union


C 210/2





Non-opposition to a notified concentration
(Case COMP/M.6574 — KPN/De Persgroep/Roularta/JV)
(Text with EEA relevance)
2012/C 210/03
On 2 July 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 32012M6574. EUR-Lex is the on-line access to the European law.
2012/436/CFSP: Political and Security Committee Decision EUCAP SAHEL Niger/1/2012 of 17 July 2012 on the appointment of the Head of Mission of the European Union CSDP Mission in Niger (EUCAP SAHEL Niger)
Date: 2012-07-17
Institutions: Political and Security Committee
Subjects: Niger, appointment of members, common security and defence policy








L_2012200EN.01001701.xml










27.7.2012   


EN


Official Journal of the European Union


L 200/17








            POLITICAL AND SECURITY COMMITTEE DECISION EUCAP SAHEL NIGER/1/2012
of 17 July 2012
         
on the appointment of the Head of Mission of the European Union CSDP Mission in Niger (EUCAP SAHEL Niger)
(2012/436/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP Mission in Niger (1) (EUCAP SAHEL Niger), and in particular Article 9(1) thereof,

Whereas:







(1)


By Article 9(1) of Decision 2012/392/CFSP, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUCAP SAHEL Niger mission, including the decision to appoint a Head of Mission.












(2)


The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Colonel Francisco ESPINOSA NAVAS as Head of Mission of EUCAP SAHEL Niger,





HAS ADOPTED THIS DECISION:



Article 1
Colonel Francisco ESPINOSA NAVAS is hereby appointed Head of the European Union CSDP Mission in Niger (EUCAP SAHEL Niger) for a period of 12 months.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 17 July 2012.


For the Political and Security Committee


The Chairperson

O. SKOOG
            





(1)  
            OJ L 187, 17.7.2012, p. 48.