do-me/EUR-LEX huggingface dataset:
Winding-up proceedings — Decision (Orden ECC/1499/2012 of 19 June 2012 ) to commence winding-up proceedings with respect to M. G. D. Mutualidad General Deportiva de Previsión Social (Published in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
Date: 2012-08-08
Institutions: European Commission
Subjects: Spain, insurance company, judicial proceedings, liquidation








C_2012238EN.01000701.xml










8.8.2012   


EN


Official Journal of the European Union


C 238/7





Winding-up proceedings
Decision (Orden ECC/1499/2012 of 19 June 2012) to commence winding-up proceedings with respect to M. G. D. Mutualidad General Deportiva de Previsión Social
(Published in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
2012/C 238/06






Insurance undertaking







M. G. D. Mutualidad General Deportiva de Previsión Social




C/ Evaristo San Miguel, 8




28008 Madrid




ESPAÑA








Date, entry into force and nature of the decision


Date: 19 June 2012
Entry into force: 19 June 2012
Nature of decision: Ministerial Order




Competent authorities







Minister for Economic Affairs and Finance




Name: Luis




Surnames: DE GUINDO JURADO




Address: Paseo de la Castellana, 162




28046 Madrid




ESPAÑA








Supervisory authority







Directorate-General for Insurance and Pension Funds




Capacity: Director-General for Insurance and Pension Funds




Name: María Flavia




Surnames: RODRÍGUEZ-PONGA SALAMANCA




Paseo de la Castellana, 44




28046 Madrid




ESPAÑA








Liquidator appointed







Consorcio de Compensación de Seguros




Capacity: Director-General




Name: Sergio




Surnames: ÁLVAREZ CAMIÑA




Address: Paseo de la Castellana, 32




28046 Madrid




ESPAÑA




Tel. +34 913395500




Fax +34 913395678




E-mail: actividadliquidadora@consorseguros.es








Applicable law


SPANISH LAW






—


Legislative Royal Decree No 6/2004 of 29 December 2004 approving the revised text of the Law on the Organisation and Supervision of Private Insurance










—


Legislative Royal Decree No 7/2004 of 29 December 2004 approving the revised text of the Memorandum and Articles of Association of the Consorcio de Compensación de Seguros










—


Royal Decree No 2020/1986 of 22 August 1986 approving the Rules of Procedure of the Insurance Companies Settlements Commission








http://ec.europa.eu/internal_market/insurance/windingup_en.htm
Non-opposition to a notified concentration (Case COMP/M.6651 — Goldman Sachs/William C. Young/Plastipak Holdings)  Text with EEA relevance
Date: 2012-08-08
Institutions: European Commission
Subjects: bank, building industry, economic concentration, investment company, merger control, packaging








C_2012238EN.01000101.xml










8.8.2012   


EN


Official Journal of the European Union


C 238/1





Non-opposition to a notified concentration
(Case COMP/M.6651 — Goldman Sachs/William C. Young/Plastipak Holdings)
(Text with EEA relevance)
2012/C 238/01
On 2 August 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 32012M6651. EUR-Lex is the on-line access to the European law.
Case T-360/12: Action brought on 8 August 2012 — Vuitton Malletier v OHIM — Nanu-Nana (Device of a chequer-board pattern)
Date: 2012-08-08
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2012319EN.01001101.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/11





Action brought on 8 August 2012 — Vuitton Malletier v OHIM — Nanu-Nana (Device of a chequer-board pattern)
(Case T-360/12)
2012/C 319/20
Language in which the application was lodged: English

Parties


Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, G. Lazzaretti and N. Parrotta, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co. KG (Berlin, Germany)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 May 2012 in case R 1854/2011-1;










—


Order OHIM to pay the costs incurred by the applicant during these proceedings; and










—


Order Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co. KG to pay the costs incurred by the applicant in the proceedings before the OHIM Cancellation Division and Boards of Appeal.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a device of a checked pattern for goods in class 18 — Community trade mark application No 6587851

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: 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 filed its request for declaration of invalidity against the CTM on the basis of absolute grounds, namely Article 52(1)(a) in connection with Article 7(1)(b), (c), (d), (e)(iii) and (f) of Council Regulation No 207/2009, and on absolute grounds under Article 52(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Upheld the request for invalidity in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:







—


Infringement of Article 7(1)(b) of Council Regulation No 207/2009; and










—


Infringement of Article 7(3) and Article 52(2) of Council Regulation No 207/2009.
Case T-359/12: Action brought on 8 August 2012 — Vuitton Malletier v OHIM — Nanu-Nana (device of a checked pattern)
Date: 2012-08-08
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2012311EN.01001302.xml










13.10.2012   


EN


Official Journal of the European Union


C 311/13





Action brought on 8 August 2012 — Vuitton Malletier v OHIM — Nanu-Nana (device of a checked pattern)
(Case T-359/12)
2012/C 311/18
Language in which the application was lodged: English

Parties


Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, G. Lazzaretti and N. Parrotta, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co.KG (Berlin, Germany)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2012 in case R 1855/2011-1;










—


Order OHIM to pay the costs incurred by the applicant during these proceedings; and










—


Order Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co.KG to pay the costs incurred by the applicant in the proceedings before the OHIM Cancellation Division and Boards of Appeal.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a device of a checked pattern for goods in class 18 — Community trade mark application No 370445

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: 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 filed its request for declaration of invalidity against the CTM on the basis of absolute grounds, namely Article 52(1)(a) in connection with Article 7(1)(b), (c), (d), (e)(iii) and (f) of Council Regulation No 207/2009, and on absolute grounds under Article 52(1)(b) of Council Regulation No 207/2009

Decision of the Cancellation Division: Upheld the request for invalidity in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:







—


Infringement of Article 7(1)(b) of Council Regulation No 207/2009; and










—


Infringement of Article 7(3) and Article 52(2) of Council Regulation No 207/2009.
Case C-380/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands), lodged on 8 August 2012 — X BV, other party: Minister van Financiën
Date: 2012-08-08
Institutions: Court of Justice
Subjects: Combined Nomenclature, interpretation of the law, mining product, ore processing








C_2012303EN.01002001.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/20





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands), lodged on 8 August 2012 — X BV, other party: Minister van Financiën
(Case C-380/12)
2012/C 303/34
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: X BV

Other party: Minister van Financiën

Questions referred







1.


Does the expression ‘eliminating the impurities’ in HS Note 1 to Chapter 25 of the Harmonised System also cover the stripping of a chemical product in a crude state of certain chemical particles included therein through natural circumstances, and where the elimination thereof occurs with a view to the strengthening of (specific) natural properties of the mineral product which had previously decreased in strength due to those natural circumstances?










2.


If, on the basis of the answer to the question raised in 1 above, it can be established that the elimination of impurities within the meaning of HS Note 1 to Chapter 25 has occurred, on the basis of what criteria should an assessment then be made as to whether an extracted mineral product such as decolorising earth, after being washed successively with sulphuric acid and water, can remain classified under heading 2508 40 00 of the CN on the basis of the aforementioned Note, and should not rather be regarded as a chemical product as referred to in Chapter 38 of the HS?
Non-opposition to a notified concentration (Case COMP/M.6538 — Robert Bosch/SPX' Service Solutions Business)  Text with EEA relevance
Date: 2012-08-08
Institutions: European Commission
Subjects: consumer goods, economic concentration, merger control, motor vehicle industry








C_2012238EN.01000102.xml










8.8.2012   


EN


Official Journal of the European Union


C 238/1





Non-opposition to a notified concentration
(Case COMP/M.6538 — Robert Bosch/SPX' Service Solutions Business)
(Text with EEA relevance)
2012/C 238/02
On 26 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 32012M6538. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6669 — CDC Infrastructure/Foresight Solar/Adenium Solar/VEI Capital/ForVEI) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-08-08
Institutions: European Commission
Subjects: economic concentration, energy production, investment company, merger control, solar energy








C_2012238EN.01000801.xml










8.8.2012   


EN


Official Journal of the European Union


C 238/8





Prior notification of a concentration
(Case COMP/M.6669 — CDC Infrastructure/Foresight Solar/Adenium Solar/VEI Capital/ForVEI)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 238/07






1.


On 31 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 CDC Infrastructure (‘CDC Infrastructure’, France) — a wholly owned subsidiary of Caisse des Dépôts et Consignations (‘CDC’, France), Foresight Solar VCT PLC (‘Foresight Solar’, UK), Adenium Solar Energy Company Limited (‘Adenium Solar’, British Virgin Islands) and Venice European Investment Capital SpA (‘VEI Capital’, Italy) controlled by Sparta Holding SpA (‘Sparta’, Italy) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of ForVEI S.r.l (‘ForVEI’, Italy) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CDC Infrastructure/CDC: investment in infrastructure assets,










—


for Foresight Solar: investment in companies that seek to generate solar electricity,










—


for Adenium Solar: investment in companies active in clean energy and alternative energy-related sectors,










—


for VEI Capital: investment in companies active in different sectors,










—


for ForVEI: photovoltaic electricity generation in Italy.














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.6669 — CDC Infrastructure/Foresight Solar/Adenium Solar/VEI Capital/ForVEI, 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’).
Case T-363/12: Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)
Date: 2012-08-08
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2012355EN.01002703.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/27





Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)
(Case T-363/12)
2012/C 355/59
Language in which the application was lodged: Polish

Parties


Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: R. Rumpel, legal adviser)

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

Other party to the proceedings before the Board of Appeal: Clinique Laboratories LLC (New York, United States)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2012 (Case R 1134/2001-2) refusing registration of ‘CLEANIC natural beauty’ as a Community trade mark for goods in Classes 3, 5 and 16;










—


amend the contested decision by registration of the trade mark for all the goods and services applied for;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Harper Hygienics

Community trade mark concerned: figurative trade mark containing the word element ‘CLEANIC natural beauty’ for goods in Classes 3, 5 and 16

Proprietor of the mark or sign cited in the opposition proceedings: Clinique Laboratories LLC

Mark or sign cited in opposition: Community trade marks No 54 429 for goods in Classes 3, 14, 25 and 42 and No 2 294 429 for goods in Classes 35 and 42, and national (Polish) mark No 51 732 for goods in Classes 3 and 5

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 (1) as regards establishment of the similarity of the trade marks and of the likelihood of confusion on the part of consumers, and infringement of Article 8(5) of that regulation


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-383/12 P: Appeal brought on 8 August 2012 by Environmental Manufacturing LLP against the judgment of the General Court (Fourth Chamber) delivered on 22 May 2012 in Case T-570/10: Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2012-08-08
Institutions: Court of Justice
Subjects: EU trade mark, consumer protection, machine-tool industry, registered trade mark, trade-mark law








C_2012331EN.01001302.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/13






Appeal brought on 8 August 2012 by Environmental Manufacturing LLP against the judgment of the General Court (Fourth Chamber) delivered on 22 May 2012 in Case T-570/10: Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case C-383/12 P)
(2012/C 331/21)
Language of the case: English

Parties


Appellant: Environmental Manufacturing LLP (represented by: S. Malynicz, Barrister, M. Atkins, Solicitor, K. Shadbolt, Trade Mark Attorney)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Société Elmar Wolf

Form of order sought

The appellant seeks the following order:






1.


The judgment of the General Court (Fourth Chamber) in Case T-570/10 dated 22 May 2012 shall be set aside and the Court shall give final judgment in the matter.










2.


The Office and intervener shall bear their own costs and pay those of the applicant.





Pleas in law and main arguments

Following the Court of Justice's judgment in Case C-252/07 Intel Corporation (2008) ECR I-8823, proof that the use of the later mark is or would be detrimental to the distinctive character of the earlier mark requires evidence of a change in the economic behaviour of the average consumer of the goods or services for which the earlier mark was registered consequent on the use of the later mark, or a serious likelihood that such a change will occur in the future. The General Court erroneously did not require such proof, instead concluding that it is sufficient merely if the earlier mark's ability to identify the goods or services for which it is registered and used as coming from the proprietor of that mark is weakened because use of the later mark leads to dispersion of the identity and hold upon the public mind of the earlier mark.
Case T-364/12: Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC Kindii)
Date: 2012-08-08
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2012355EN.01002801.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/28





Action brought on 8 August 2012 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC Kindii)
(Case T-364/12)
2012/C 355/60
Language in which the application was lodged: Polish

Parties


Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: R. Rumpel, legal adviser)

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

Other party to the proceedings before the Board of Appeal: Clinique Laboratories LLC (New York, United States)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2012 (Case R 1135/2001-2) refusing registration of ‘CLEANIC Kindii’ as a Community trade mark for goods in Classes 3, 5 and 16;










—


amend the contested decision by registration of the trade mark for all the goods and services applied for;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Harper Hygienics

Community trade mark concerned: figurative trade mark containing the word element ‘CLEANIC Kindii’ for goods in Classes 3, 5 and 16

Proprietor of the mark or sign cited in the opposition proceedings: Clinique Laboratories LLC

Mark or sign cited in opposition: Community trade marks No 54 429 for goods in Classes 3, 14, 25 and 42 and No 2 294 429 for goods in Classes 35 and 42, and national (Polish) mark No 51 732 for goods in Classes 3 and 5

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 (1) as regards establishment of the similarity of the trade marks and of the likelihood of confusion on the part of consumers, and infringement of Article 8(5) of that regulation


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Euro exchange rates
Date: 2012-08-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2012238EN.01000201.xml










8.8.2012   


EN


Official Journal of the European Union


C 238/2





Euro exchange rates (1)

7 August 2012
2012/C 238/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2436




JPY


Japanese yen


97,58




DKK


Danish krone


7,4437




GBP


Pound sterling


0,79340




SEK


Swedish krona


8,3220




CHF


Swiss franc


1,2015




ISK


Iceland króna


 




NOK


Norwegian krone


7,3575




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,114




HUF


Hungarian forint


277,11




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6962




PLN


Polish zloty


4,0506




RON


Romanian leu


4,5435




TRY


Turkish lira


2,2142




AUD


Australian dollar


1,1741




CAD


Canadian dollar


1,2409




HKD


Hong Kong dollar


9,6432




NZD


New Zealand dollar


1,5139




SGD


Singapore dollar


1,5423




KRW


South Korean won


1 403,95




ZAR


South African rand


10,1113




CNY


Chinese yuan renminbi


7,9175




HRK


Croatian kuna


7,5165




IDR


Indonesian rupiah


11 770,39




MYR


Malaysian ringgit


3,8576




PHP


Philippine peso


51,888




RUB


Russian rouble


39,2407




THB


Thai baht


39,149




BRL


Brazilian real


2,5204




MXN


Mexican peso


16,3390




INR


Indian rupee


68,4840






(1)  Source: reference exchange rate published by the ECB.