do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6638 — ABN AMRO/Rabobank/Landsbanki/Heiploeg)  Text with EEA relevance
Date: 2012-07-24
Institutions: European Commission
Subjects: bank, crustacean, economic concentration, fishing industry, merger control








C_2012218EN.01001301.xml










24.7.2012   


EN


Official Journal of the European Union


C 218/13





Prior notification of a concentration
(Case COMP/M.6638 — ABN AMRO/Rabobank/Landsbanki/Heiploeg)
(Text with EEA relevance)
2012/C 218/11






1.


On 18 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 undertakings ABN AMRO Effecten Compagnie B.V (‘AAEC’, The Netherlands) belonging to ABN AMRO Bank N.V. (‘ABN AMRO’, The Netherlands), Rabo Investments B.V. (‘Rabo Investments’, The Netherlands) and Friesland Bank N.V. (‘FB’, The Netherlands) belonging to Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A (‘Rabobank’, The Netherlands) and Landsbanki Islands HF (‘Landsbanki’, Iceland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Heiploeg Holding B.V and its group companies (‘Heiploeg Group’, The Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for ABN AMRO: international banking group active worldwide in four principal customer segments: personal banking, private banking, business and commercial clients and corporate and institutional clients,










—


for Rabobank: bank and credit institution active in retail and corporate banking, financial, services and provision of mortgages,










—


for Landsbanki: general bank and credit institution mainly active in retail and corporate banking,










—


for Heiploeg Group: active in the sourcing, processing, distribution and selling of shrimps.














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.6638 — ABN AMRO/Rabobank/Landsbanki/Heiploeg, 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-382/13: Action brought on 24 July 2013 — Perfetti Van Melli v OHIM (MARGARITAS)
Date: 2012-07-24
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sugar product, trade-mark law








C_2013274EN.01002002.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/20





Action brought on 24 July 2013 — Perfetti Van Melli v OHIM (MARGARITAS)
(Case T-382/13)
2013/C 274/34
Language of the case: Italian

Parties


Applicant: Perfetti Van Melli SpA (Lainate, Italy) (represented by P. Testa, lawyer)

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

Form of order sought

The applicant claims that the Court should:






 


Annul the decision of the First Board of Appeal of 10 April 2013 in Case R 430/2012-1, in so far as it rejected the application for registration of the trade mark ‘MARGARITAS’ for the following products: confectionery, pastry, sweets, caramels, wine gums, caramel, chewing-gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa.










 


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Community word mark ‘MARGARITAS’ for goods in Class 30 — Community trade mark application No 10 261 105

Decision of the Examiner: Application rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







 


Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘MARGARITA’ is not descriptive;










 


Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘MARGARITA’ does not describe an essential characteristic of the product;










 


Infringement of Article 7(1)(b) of Regulation No 207/2009, since the term ‘MARGARITAS’ has distinctive character with regard to confectionery products.
2012/429/EU: Council Decision of 24 July 2012 on the conclusion of the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation
Date: 2012-07-24
Institutions: Council of the European Union
Subjects: Russia, motor car, ratification of an agreement, trade agreement (EU), vehicle parts








L_2012199EN.01000301.xml










26.7.2012   


EN


Official Journal of the European Union


L 199/3








            COUNCIL DECISION
         
of 24 July 2012
         
on the conclusion of the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation
(2012/429/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(6)(a) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


In accordance with Council Decision 2012/106/EU (1), the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (‘the Agreement’), was signed on 16 December 2011, subject to its conclusion.












(2)


The Agreement should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation, is hereby approved on behalf of the Union (2).


Article 2
The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to make the notification provided for in Article 13(2) of the Agreement in order to express the consent of the Union to be bound by the Agreement (3).


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 24 July 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 57, 29.2.2012, p. 14.

(2)  The Agreement has been published in OJ L 57, 29.2.2012, p. 15, together with the decision on signing.

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
2012/434/EU: Council Decision of 24 July 2012 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement
Date: 2012-07-24
Institutions: Council of the European Union
Subjects: Russia, cooperation agreement (EU), provision of services, ratification of an agreement








L_2012200EN.01000101.xml










27.7.2012   


EN


Official Journal of the European Union


L 200/1








            COUNCIL DECISION
         
of 24 July 2012
         
on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement
(2012/434/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 and Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


In accordance with Council Decision 2012/107/EU (1), the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (‘the Agreement’), was signed on 16 December 2011, subject to its conclusion.












(2)


The Agreement should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement is hereby approved on behalf of the Union (2).


Article 2
The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to make the notification provided for in the Agreement in order to express the consent of the Union to be bound by the Agreement (3).


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 24 July 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 57, 29.2.2012, p. 43.

(2)  The Agreement has been published in OJ L 57, 29.2.2012, p. 44, together with the decision on signing.

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
Commission Implementing Regulation (EU) No 679/2012 of 24 July 2012 entering a name in the register of protected designations of origin and protected geographical indications [Squacquerone di Romagna (PDO)]
Date: 2012-07-24
Institutions: European Commission
Subjects: Italy, cows’ milk cheese, designation of origin, product designation, soft cheese








L_2012198EN.01000601.xml










25.7.2012   


EN


Official Journal of the European Union


L 198/6








            COMMISSION IMPLEMENTING REGULATION (EU) No 679/2012
of 24 July 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Squacquerone di Romagna (PDO)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy's application to register the name ‧Squacquerone di Romagna‧ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 304, 15.10.2011, p. 19.




ANNEX
Agricultural products intended for the human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY
Squacquerone di Romagna (PDO)
Commission Implementing Regulation (EU) No 682/2012 of 24 July 2012 entering a name in the register of protected designations of origin and protected geographical indications [Vadehavslam (PGI)]
Date: 2012-07-24
Institutions: European Commission
Subjects: Denmark, designation of origin, fresh meat, product designation, sheepmeat








L_2012198EN.01001201.xml










25.7.2012   


EN


Official Journal of the European Union


L 198/12








            COMMISSION IMPLEMENTING REGULATION (EU) No 682/2012
of 24 July 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Vadehavslam (PGI)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Denmark's application to register the name ‧Vadehavslam‧ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 306, 18.10.2011, p. 18.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

DENMARK
Vadehavslam (PGI)
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2011/782/CFSP, as implemented by Council Implementing Decision 2012/424/CFSP, and Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) No 673/2012 concerning restrictive measures in view of the situation in Syria apply
Date: 2012-07-24
Institutions: Council of the European Union
Subjects: Syria, international sanctions, trade restriction








C_2012218EN.01000401.xml










24.7.2012   


EN


Official Journal of the European Union


C 218/4





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2011/782/CFSP, as implemented by Council Implementing Decision 2012/424/CFSP, and Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) No 673/2012 concerning restrictive measures in view of the situation in Syria apply
2012/C 218/05
The following information is brought to the attention of the persons and entities that appear in Annex I to Council Decision 2011/782/CFSP, as implemented by Council Implementing Decision 2012/424/CFSP (1), and in Annex II to Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) No 673/2012 (2) concerning restrictive measures in view of the situation in Syria.
The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2011/782/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex III to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG C — Coordination Unit




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 196, 24.7.2012, p. 81.

(2)  OJ L 196, 24.7.2012, p. 8.
2012/438/EU: Council Decision of 24 July 2012 appointing a Finnish member of the European Economic and Social Committee
Date: 2012-07-24
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Finland, appointment of members








L_2012200EN.01001901.xml










27.7.2012   


EN


Official Journal of the European Union


L 200/19








            COUNCIL DECISION
         
of 24 July 2012
         
appointing a Finnish member of the European Economic and Social Committee
(2012/438/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Finnish Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Reijo PAANANEN,





HAS ADOPTED THIS DECISION:



Article 1
Mr Pekka RISTELÄ, Advisor on International Affairs of SAK (Central Organisation of Finnish Trade Unions), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


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




Done at Brussels, 24 July 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case C-351/12: Reference for a preliminary ruling from the Krajský soud v Plzni (Czech Republic) lodged on 24 July 2012 — Ochranný svaz autorský pro práva k dílům hudebním, o.s. (OSA) v Léčebné lázně Mariánské Lázně, a.s.
Date: 2012-07-24
Institutions: Court of Justice
Subjects: broadcasting, copyright, harmonisation of standards, information society, interpretation of the law, national implementing measure, television








C_2012295EN.01002102.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/21





Reference for a preliminary ruling from the Krajský soud v Plzni (Czech Republic) lodged on 24 July 2012 — Ochranný svaz autorský pro práva k dílům hudebním, o.s. (OSA) v Léčebné lázně Mariánské Lázně, a.s.
(Case C-351/12)
2012/C 295/38
Language of the case: Czech

Referring court

Krajský soud v Plzni

Parties to the main proceedings


Applicant: Ochranný svaz autorský pro práva k dílům hudebním, o.s. (OSA)

Defendant: Léčebné lázně Mariánské Lázně, a.s.

Questions referred







1.



Must Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
 (1)
be interpreted as meaning that an exception disallowing remuneration to authors for the communication of their work by television or radio transmission by means of television or radio receivers to patients in rooms in a spa establishment which is a business is contrary to Articles 3 and 5 (Article 5(2)(e), (3)(b) and (5))?











2.



Is the content of those provisions of the directive concerning the above use of a work unconditional enough and sufficiently precise for copyright collecting societies to be able to rely on them before the national courts in a dispute between individuals, if the State has not transposed the directive correctly in national law?











3.



Must Article 56 et seq. and Article 102 of the Treaty on the Functioning of the European Union (or as the case may be Article 16 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market
 (2)
) be interpreted as precluding the application of rules of national law which reserve the exercise of collective management of copyright in the territory of the State to only a single (monopoly) copyright collecting society and thereby do not allow recipients of services a free choice of a collecting society from another State of the European Union?







(1)  OJ L 167, p. 10.

(2)  OJ L 376, p. 36.