do-me/EUR-LEX huggingface dataset:
Case C-379/12 P: Appeal brought on 7 August 2012 by Arav Holding Srl against the judgment of the General Court (Second Chamber) delivered on 19 June 2012 in Case T-557/10 H.Eich v OHIM — Arav (H.EICH)
Date: 2012-08-07
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, textile product, trade-mark law








C_2012303EN.01001901.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/19





Appeal brought on 7 August 2012 by Arav Holding Srl against the judgment of the General Court (Second Chamber) delivered on 19 June 2012 in Case T-557/10 H.Eich v OHIM — Arav (H.EICH)
(Case C-379/12 P)
2012/C 303/33
Language of the case: Italian

Parties


Appellant: Arav Holding Srl (represented by: R. Bocchini, avvocato)

Other parties to the proceedings: H.Eich Srl, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Form of order sought

Set aside in full the judgment of 19 June 2012 of the General Court of the European Union and, accordingly, uphold the decision of the First Board of Appeal of OHIM delivered on 9 September 2010, on the ground that the latter fully complied with and applied the rules laid down in the Community trade mark regulation (‘CTMR’), (1) in particular Article 8(1)(b) thereof.

Pleas in law and main arguments

By its appeal, Arav Holding Srl challenges the judgment of the General Court in question in two respects.
First, it complains that the General Court failed to recognise the graphic, phonetic and conceptual similarity between, on the one hand, the Italian national figurative mark ‘H SILVIAN HEACH’ and the international figurative mark ‘H SILVIAN HEACH’ and, on the other, the mark ‘H.EICH’. The General Court failed to identify correctly the essential core of the mark, namely the surname and not the first name. In addition, the General Court failed to take into account the limited significance of the use of a point, which is extremely small in relation to the letters, and failed to take into consideration that the earlier trade mark is a ‘strong’ mark.
Second, Arav Holding Srl submits that the General Court erred in finding that there was no overall likelihood of confusion between the marks resulting from their similarity and the similar uses made of them.


(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
Corrigendum to Information notice from the EFTA Surveillance Authority pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations in Norway ( OJ C 168, 14.6.2012 )
Date: 2012-08-07
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, inland transport, invitation to tender, public service, transport regulations








C_2012236EN.01000501.xml










7.8.2012   


EN


Official Journal of the European Union


C 236/5





Corrigendum to Information notice from the EFTA Surveillance Authority pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations in Norway
(
Official Journal of the European Union C 168 of 14 June 2012
)
2012/C 236/05
On page 4, in the third row ‘Period of validity of the contract’:
for:
‘1 November 2012-31 March 2016’,
read:
‘1 December 2012-31 March 2016’.
Non-opposition to a notified concentration (Case COMP/M.6540 — DONG Energy Borkum Riffgrund I HoldCo/Boston Holding/Borkum Riffgrund I Offshore Windpark)  Text with EEA relevance
Date: 2012-08-07
Institutions: European Commission
Subjects: economic concentration, energy production, gaming, merger control, petroleum exploration, renewable energy








C_2012236EN.01000102.xml










7.8.2012   


EN


Official Journal of the European Union


C 236/1





Non-opposition to a notified concentration
(Case COMP/M.6540 — DONG Energy Borkum Riffgrund I HoldCo/Boston Holding/Borkum Riffgrund I Offshore Windpark)
(Text with EEA relevance)
2012/C 236/02
On 10 May 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 32012M6540. EUR-Lex is the on-line access to the European law.
Case T-357/12: Action brought on 7 August 2012 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchairs)
Date: 2012-08-07
Institutions: General Court
Subjects: EU trade mark, furniture industry, registered trade mark, trade-mark law








C_2012311EN.01001301.xml










13.10.2012   


EN


Official Journal of the European Union


C 311/13





Action brought on 7 August 2012 — Sachi Premium-Outdoor Furniture v OHIM — Gandia Blasco (Armchairs)
(Case T-357/12)
2012/C 311/17
Language in which the application was lodged: English

Parties


Applicant: Sachi Premium — Outdoor Furniture, Lda (Estarreja, Portugal) (represented by: M. Oehen Mendes, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gandia Blasco, SA (Valencia, Spain)

Form of order sought







—


Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 27 April 2012 (R 969/2011-3);










—


Declare the contested Community Design No 1512633-0003 invalid; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Registered Community design trade mark in respect of which a declaration of invalidity has been sought: A design for ‘armchairs, loungers’ — registered Community design No 1512633-0003

Proprietor of the Community design: The applicant

Applicant for the declaration of invalidity of the Community design: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The other party to the proceedings before the Board of Appeal requested the invalidation of the RCD based on Articles 4 to 9 of Council Regulation No 6/2002; Community design registration No 52113-0001, for ‘armchairs’

Decision of the Invalidity Division: Rejected the application for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision and declared the contested Registered Community design invalid

Pleas in law: Infringement of Articles 5 to 7 of Council Regulation No 6/2002.
Euro exchange rates
Date: 2012-08-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2012236EN.01000201.xml










7.8.2012   


EN


Official Journal of the European Union


C 236/2





Euro exchange rates (1)

6 August 2012
2012/C 236/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2379




JPY


Japanese yen


96,99




DKK


Danish krone


7,4422




GBP


Pound sterling


0,79500




SEK


Swedish krona


8,3401




CHF


Swiss franc


1,2013




ISK


Iceland króna


 




NOK


Norwegian krone


7,3945




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,158




HUF


Hungarian forint


275,66




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,0345




RON


Romanian leu


4,5798




TRY


Turkish lira


2,2035




AUD


Australian dollar


1,1727




CAD


Canadian dollar


1,2385




HKD


Hong Kong dollar


9,6004




NZD


New Zealand dollar


1,5112




SGD


Singapore dollar


1,5370




KRW


South Korean won


1 396,34




ZAR


South African rand


10,1156




CNY


Chinese yuan renminbi


7,8904




HRK


Croatian kuna


7,5135




IDR


Indonesian rupiah


11 720,81




MYR


Malaysian ringgit


3,8449




PHP


Philippine peso


51,732




RUB


Russian rouble


39,2583




THB


Thai baht


38,969




BRL


Brazilian real


2,5130




MXN


Mexican peso


16,2109




INR


Indian rupee


68,7370






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.6628 — Trinecke Zelezarny/ZDB Dratovna) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-08-07
Institutions: European Commission
Subjects: economic concentration, merger control, metallurgical industry








C_2012236EN.01000301.xml










7.8.2012   


EN


Official Journal of the European Union


C 236/3





Prior notification of a concentration
(Case COMP/M.6628 — Trinecke Zelezarny/ZDB Dratovna)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 236/04






1.


On 30 July 2012 the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Trinecke Zelezarny a.s. (‘TZ’, Czech Republic) belonging to the group of Moravia Steel a.s. (‘Moravia Steel’, Czech Republic) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of the ZDB Group a.s. (‘ZDB’, Czech Republic) by way of purchase of shares in a newly created company, ZDB Dratovna a.s. (‘Dratovna’, Czech Republic).










2.


The business activities of the undertakings concerned are:






—


for TZ and Moravia Steel: various steel products, including production of wire rod and other hot-rolled long steel products, semi-finished products, hot-rolled universal wide steel, seamless tubes and drawn and peeled steel (e.g. cold-drawn wire and peeled steelbars),










—


for Dratovna: production and distribution of cold drawn wires and products made of cold drawn wires.














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.6628 — Trinecke Zelezarny/ZDB Dratovna, 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’).
Non-opposition to a notified concentration (Case COMP/M.6630 — L Capital/Paladin/Cigierre-Compagnia Generale Ristorazione)  Text with EEA relevance
Date: 2012-08-07
Institutions: European Commission
Subjects: beverage industry, clothing industry, cosmetic product, economic concentration, investment company, jewellery and goldsmith's articles, merger control, shopping centre








C_2012236EN.01000101.xml










7.8.2012   


EN


Official Journal of the European Union


C 236/1





Non-opposition to a notified concentration
(Case COMP/M.6630 — L Capital/Paladin/Cigierre-Compagnia Generale Ristorazione)
(Text with EEA relevance)
2012/C 236/01
On 19 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 32012M6630. EUR-Lex is the on-line access to the European law.
Commission Implementing Regulation (EU) No 718/2012 of 7 August 2012 amending for the 176th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
Date: 2012-08-07
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








L_2012211EN.01000101.xml










8.8.2012   


EN


Official Journal of the European Union


L 211/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 718/2012
of 7 August 2012
         
amending for the 176th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 26 July 2012 the Sanctions Committee of the United Nations Security Council decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.












(3)


Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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, 7 August 2012.


For the Commission, On behalf of the President,


Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry under the heading ‘Natural persons’ is deleted:


            ‘Bekkay Harrach (alias (a) Abu Talha al Maghrabi, (b) al Hafidh Abu Talha der Deutsche (‘al Hafidh Abu Talha the German’)). Date of birth: 4.9.1977. Place of birth: Berkane, Morocco. Nationality: German. Passport No: 5208116575 (German passport issued in Bonn, Germany, valid until 7.9.2013). National identification No: (a) 5209243072 (German Bundespersonalausweis (national identity card), issued in Bonn, Germany, valid until 7.9.2013, (b) J17001W6Z12 (German driving licence, issued in Bonn, Germany). Date of designation referred to in Article 2a(4)(b): 27.5.2009. Other information: Believed to be in the Afghanistan/Pakistan border area as at April 2009.’
Commission Implementing Regulation (EU) No 728/2012 of 7 August 2012 entering a name in the register of protected designations of origin and protected geographical indications (Ser koryciński swojski (PGI))
Date: 2012-08-07
Institutions: European Commission
Subjects: Poland, cows’ milk cheese, designation of origin, product designation








L_2012213EN.01000701.xml










10.8.2012   


EN


Official Journal of the European Union


L 213/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 728/2012
of 7 August 2012
         
entering a name in the register of protected designations of origin and protected geographical indications (Ser koryciński swojski (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, Poland’s application to register the name ‘Ser koryciński swojski’ 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, 7 August 2012.


For the Commission, On behalf of the President,
Antonio TAJANI
            

Vice-President






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

(2)  
            OJ C 345, 25.11.2011, p. 19.




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

Class 1.3.   Cheeses

POLAND
Ser koryciński swojski (PGI)