do-me/EUR-LEX huggingface dataset:
Case T-443/12: Action brought on 5 October 2012 — ancotel v OHIM — Acotel (ancotel.)
Date: 2012-10-05
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications industry, trade-mark law








C_2012379EN.01002502.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/25





Action brought on 5 October 2012 — ancotel v OHIM — Acotel (ancotel.)
(Case T-443/12)
2012/C 379/44
Language in which the application was lodged: German

Parties


Applicant: ancotel GmbH (Frankfurt am Main, Germany) (represented by: H. Truelsen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Acotel SpA (Rome, Italy)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2012 in Case R 1895/2011-4 (ex R 1385/2008-1);










—


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 figurative mark, containing the word element ‘ancotel’, for services in Classes 35 and 38 — Community trade mark application No 3 314 424

Proprietor of the mark or sign cited in the opposition proceedings: Acotel SpA

Mark or sign cited in opposition: the national and Community figurative mark, containing the word element ‘ACOTEL’, for goods and services in Classes 9 and 38

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Prior notification of a concentration (Case COMP/M.6706 — SK Innovation CO/Continental AG) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-10-05
Institutions: European Commission
Subjects: economic concentration, electronics industry, merger control, motor vehicle industry, oil industry








C_2012300EN.01001801.xml










5.10.2012   


EN


Official Journal of the European Union


C 300/18





Prior notification of a concentration
(Case COMP/M.6706 — SK Innovation CO/Continental AG)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 300/13






1.


On 26 September 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which SK Innovation Co. Ltd, (‘SK’, Republic of Korea) and Continental AG, (‘Continental’, Germany) acquire, within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation, joint control of newly created full function joint venture SK Continental E-Motion Pte. Ltd (‘Continental E-Motion’, Singapore) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for SK: petroleum exploration and production and development and manufacture of materials for electronic products and batteries,










—


for Continental: supplier of automotive industry including braking systems, sensors, instruments and tires,










—


for Continental E-Motion: development, production and sale of Li-ion battery systems for hybrid and electric vehicles.














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.6706 — SK Innovation CO/Continental AG, 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 C-143/12: Order of the President of the Court of 5 October 2012 — European Commission v French Republic
Date: 2012-10-05
Institutions: Court of Justice
Subjects: administrative check, administrative supervision, air quality








C_2013101EN.01001403.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/14





Order of the President of the Court of 5 October 2012 — European Commission v French Republic
(Case C-143/12) (1)

2013/C 101/30
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 165, 9.6.2012.
Euro exchange rates
Date: 2012-10-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2012300EN.01000301.xml










5.10.2012   


EN


Official Journal of the European Union


C 300/3





Euro exchange rates (1)

4 October 2012
2012/C 300/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2951




JPY


Japanese yen


101,88




DKK


Danish krone


7,4556




GBP


Pound sterling


0,80395




SEK


Swedish krona


8,6099




CHF


Swiss franc


1,2123




ISK


Iceland króna


 




NOK


Norwegian krone


7,4285




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,957




HUF


Hungarian forint


285,61




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6962




PLN


Polish zloty


4,0866




RON


Romanian leu


4,5480




TRY


Turkish lira


2,3386




AUD


Australian dollar


1,2673




CAD


Canadian dollar


1,2783




HKD


Hong Kong dollar


10,0432




NZD


New Zealand dollar


1,5788




SGD


Singapore dollar


1,5910




KRW


South Korean won


1 441,73




ZAR


South African rand


11,0599




CNY


Chinese yuan renminbi


8,2090




HRK


Croatian kuna


7,4820




IDR


Indonesian rupiah


12 418,81




MYR


Malaysian ringgit


3,9599




PHP


Philippine peso


53,779




RUB


Russian rouble


40,2900




THB


Thai baht


39,617




BRL


Brazilian real


2,6179




MXN


Mexican peso


16,5643




INR


Indian rupee


67,0020






(1)  Source: reference exchange rate published by the ECB.
Case T-204/10: Judgment of the General Court of 5 October 2012 — Lancôme v OHIM — Focus Magazin Verlag (COLOUR FOCUS) (Community trade mark — Invalidity proceedings — Community word mark COLOR FOCUS — Earlier Community word mark FOCUS — Relative ground for refusal — Likelihood of confusion — Similarity of the marks — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Abuse of right)
Date: 2012-10-05
Institutions: General Court
Subjects: EU trade mark, France, cosmetics industry, registered trade mark, trade-mark law








C_2012366EN.01003103.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/31





Judgment of the General Court of 5 October 2012 — Lancôme v OHIM — Focus Magazin Verlag (COLOUR FOCUS)
(Case T-204/10) (1)

(Community trade mark - Invalidity proceedings - Community word mark COLOR FOCUS - Earlier Community word mark FOCUS - Relative ground for refusal - Likelihood of confusion - Similarity of the marks - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Abuse of right)
2012/C 366/60
Language of the case: English

Parties


Applicant: Lancôme parfums et beauté & Cie (Paris, France) (represented by: A. von Mühlendahl and S. Abel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Schäffner, and subsequently by A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Focus Magazin Verlag GmbH (Munich, Germany) (represented by R. Schweizer and J. Berlinger, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 February 2010 (Case R 238/2009-2), concerning invalidity proceedings between Focus Magazin Verlag GmbH and Lancôme parfums et beauté & Cie

Operative part of the judgment







1.


The action is dismissed.










2.


Lancôme parfums et beauté & Cie is ordered to pay the costs.






(1)  OJ C 179, 3.7.2010.
Case T-438/12: Action brought on 5 October 2012 — Global Steel Wire v Commission
Date: 2012-10-05
Institutions: General Court
Subjects: credit guarantee, deadline for payment, equal treatment, metallurgical industry, rights of the defence, steel








C_2012373EN.01001101.xml










1.12.2012   


EN


Official Journal of the European Union


C 373/11





Action brought on 5 October 2012 — Global Steel Wire v Commission
(Case T-438/12)
2012/C 373/17
Language of the case: Spanish

Parties


Applicant: Global Steel Wire, SA (Cerdanyola del Vallés, Spain) (represented by: F. González Díaz and P. Herrero Prieto, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul, pursuant to Article 264 TFEU, the decision of the European Commission of 25 July 2012 in Case COMP/38.344 — prestressing steel;










—


require the Commission to provide, in accordance with Article 24 of the Statute of the Court of Justice of the European Union and Article 64(3)(d) of the Rules of Procedure of the General Court, the documents, calculations and other matters of law and/or fact that served as the basis to grant the requests for inability to pay of Proderac, CB, ITAS, OriMartin and Siderúrgica Latina Martin and/or to accept the reduction in the fine of AreclorMittal;










—


in any event, order the European Commission to pay the costs.





Pleas in law and main arguments

The present action is directed against the decision of the European Commission rejecting the request submitted by the applicant to the Commission for inability to pay and/or deferred payment with an exemption from providing a bank guarantee.
In support of its action, the applicant relies on four pleas in law.






1.


First plea in law, alleging errors of fact and of law in the assessment of the applicant’s ability to pay in order to discharge the fine.










2.


Second plea in law, alleging errors of fact and of law in the assessment of the ability to pay of the applicant’s shareholders.










3.


Third plea in law, alleging breach of the principle of non-discrimination in so far as, with regard to other companies in the sector, the Commission recognised that they were unable to pay, reduced the amount of the fine or exempted them from the obligation to provide a bank guarantee.










4.


Fourth plea in law, alleging breach of the rights of the defence.






—


First, the Commission failed to provide the applicant with the opportunity to make its point of view known.










—


Second, the Commission exceeded its powers, by breaching the principle of collegiality.










—


Lastly, the Commission disregarded the obligation to state the reasons on which acts are based.
Case T-441/12: Action brought on 5 October 2012 — Trenzas y Cables de Acero v Commission
Date: 2012-10-05
Institutions: General Court
Subjects: credit guarantee, deadline for payment, equal treatment, metallurgical industry, rights of the defence, steel








C_2012373EN.01001202.xml










1.12.2012   


EN


Official Journal of the European Union


C 373/12





Action brought on 5 October 2012 — Trenzas y Cables de Acero v Commission
(Case T-441/12)
2012/C 373/20
Language of the case: Spanish

Parties


Applicant: Trenzas y Cables de Acero PSC, SL (Santander, Spain) (represented by: F. González Díaz and P. Herrero Prieto, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul, pursuant to Article 264 TFEU, the decision of the European Commission of 25 July 2012 in Case COMP/38.344 — prestressing steel;










—


require the Commission to provide, in accordance with Article 24 of the Statute of the Court of Justice of the European Union and Article 64(3)(d) of the Rules of Procedure of the General Court, the documents, calculations and other matters of law and/or fact that served as the basis to grant the requests for inability to pay of Proderac, CB, ITAS, OriMartin and Siderúrgica Latina Martin and/or to accept the reduction in the fine of AreclorMittal;










—


in any event, order the European Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and the main arguments are the same as those raised in Case T-438/12 Global Steel Wire v Commission.
Case T-440/12: Action brought on 5 October 2012 — Moreda-Riviere Trefilerías v Commission
Date: 2012-10-05
Institutions: General Court
Subjects: credit guarantee, deadline for payment, equal treatment, metallurgical industry, rights of the defence, steel








C_2012373EN.01001201.xml










1.12.2012   


EN


Official Journal of the European Union


C 373/12





Action brought on 5 October 2012 — Moreda-Riviere Trefilerías v Commission
(Case T-440/12)
2012/C 373/19
Language of the case: Spanish

Parties


Applicant: Moreda-Riviere Trefilerías, SA (Gijón, Spain) (represented by: F. González Díaz and P. Herrero Prieto, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul, pursuant to Article 264 TFEU, the decision of the European Commission of 25 July 2012 in Case COMP/38.344 — prestressing steel;










—


require the Commission to provide, in accordance with Article 24 of the Statute of the Court of Justice of the European Union and Article 64(3)(d) of the Rules of Procedure of the General Court, the documents, calculations and other matters of law and/or fact that served as the basis to grant the requests for inability to pay of Proderac, CB, ITAS, OriMartin and Siderúrgica Latina Martin and/or to accept the reduction in the fine of AreclorMittal;










—


in any event, order the European Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and the main arguments are the same as those raised in Case T-438/12 Global Steel Wire v Commission.
Information on the date of entry into force of the Monetary Agreement between the European Union and the Principality of Andorra
Date: 2012-10-05
Institutions: European Commission
Subjects: Andorra, European Monetary Agreement, euro, issuing of currency, money laundering, national currency, national implementing measure








C_2012300EN.01000401.xml










5.10.2012   


EN


Official Journal of the European Union


C 300/4





Information on the date of entry into force of the Monetary Agreement between the European Union and the Principality of Andorra
2012/C 300/05
On 23 February 2012, the Principality of Andorra notified the European Union of the completion of its ratification procedures.
Likewise, on 29 February 2012, the European Union notified the Principality of Andorra of the completion of the procedures necessary for the entry into force of the above Monetary Agreement, signed at Brussels on 30 June 2011.
The Monetary Agreement accordingly entered into force on 1 April 2012 pursuant to Article 13 thereof.
Non-opposition to a notified concentration (Case COMP/M.6688 — KKR/Württembergische Metallwaren Fabrik)  Text with EEA relevance
Date: 2012-10-05
Institutions: European Commission
Subjects: economic concentration, energy industry, investment company, merger control, metallurgical industry








C_2012300EN.01000201.xml










5.10.2012   


EN


Official Journal of the European Union


C 300/2





Non-opposition to a notified concentration
(Case COMP/M.6688 — KKR/Württembergische Metallwaren Fabrik)
(Text with EEA relevance)
2012/C 300/03
On 4 September 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 32012M6688. EUR-Lex is the on-line access to the European law.
Case T-439/12: Action brought on 5 October 2012 — Trefilerías Quijano v Commission
Date: 2012-10-05
Institutions: General Court
Subjects: credit guarantee, deadline for payment, equal treatment, metallurgical industry, rights of the defence, steel








C_2012373EN.01001102.xml










1.12.2012   


EN


Official Journal of the European Union


C 373/11





Action brought on 5 October 2012 — Trefilerías Quijano v Commission
(Case T-439/12)
2012/C 373/18
Language of the case: Spanish

Parties


Applicant: Trefilerías Quijano, SA (Los Corrales de Buelna, Spain) (represented by: F. González Díaz and P. Herrero Prieto, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul, pursuant to Article 264 TFEU, the decision of the European Commission of 25 July 2012 in Case COMP/38.344 — prestressing steel;










—


require the Commission to provide, in accordance with Article 24 of the Statute of the Court of Justice of the European Union and Article 64(3)(d) of the Rules of Procedure of the General Court, the documents, calculations and other matters of law and/or fact that served as the basis to grant the requests for inability to pay of Proderac, CB, ITAS, OriMartin and Siderúrgica Latina Martin and/or to accept the reduction in the fine of AreclorMittal;










—


in any event, order the European Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and the main arguments are the same as those raised in Case T-438/12 Global Steel Wire v Commission.
Information on the date of entry into force of the Monetary Agreement between the European Union and the Republic of San Marino
Date: 2012-10-05
Institutions: European Commission
Subjects: San Marino, agreement (EU), euro, issuing of currency, monetary agreement, money laundering, national currency, ratification of an agreement








C_2012300EN.01000402.xml










5.10.2012   


EN


Official Journal of the European Union


C 300/4





Information on the date of entry into force of the Monetary Agreement between the European Union and the Republic of San Marino
2012/C 300/06
On 3 August 2012, the Republic of San Marino notified the European Union of the completion of its ratification procedures.
Likewise, on 29 August 2012, the European Union notified the Republic of San Marino of the completion of the procedures necessary for the entry into force of the above Monetary Agreement, signed at Brussels on 27 March 2012.
The Monetary Agreement accordingly entered into force on 1 September 2012 pursuant to Article 13 thereof.
Case T-591/08: Judgment of the General Court of 5 October 2012 — Evropaïki Dynamiki v Commission (Public service contracts — Tendering procedure — Provision of information technology services — Selection of the tenderer as second contractor in the cascade procedure — Action for annulment — Grounds for exclusion from the tendering procedure — Conflict of interests — Obligation to state the reasons on which the decision is based — Manifest error of assessment — Equal treatment — Non-contractual liability)
Date: 2012-10-05
Institutions: General Court
Subjects: computer systems, contractual liability, damages, equal treatment, indemnification, invitation to tender, provision of services, services contract








C_2012366EN.01002802.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/28





Judgment of the General Court of 5 October 2012 — Evropaïki Dynamiki v Commission
(Case T-591/08) (1)

(Public service contracts - Tendering procedure - Provision of information technology services - Selection of the tenderer as second contractor in the cascade procedure - Action for annulment - Grounds for exclusion from the tendering procedure - Conflict of interests - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Equal treatment - Non-contractual liability)
2012/C 366/53
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and P. Katsimani, lawyers)

Defendant: European Commission (represented: initially by B. Simon and E. Manhaeve, acting as Agents, assisted by P. Wytinck, lawyer, and subsequently by E. Manhaeve, assisted by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

Application for (i) annulment of the Commission decisions of 17 October 2008 selecting the applicant’s tender as second contractor in the cascade for Lots 2 and 3 under the call for tenders launched in the field of ‘Statistical Information Technologies’, concerning advisory and development services relating to the format for the exchange of statistical data and metadata (SDMX) (OJ 2008/S 120-159017), and of all further related decisions, including the decisions awarding the contract to other tenderers, and (ii) damages.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 82, 4.4.2009.
Non-opposition to a notified concentration (Case COMP/M.6554 — EADS/STA/Elbe Flugzeugwerke JV)  Text with EEA relevance
Date: 2012-10-05
Institutions: European Commission
Subjects: aerospace industry, air transport, communications industry, economic concentration, merger control, military aircraft








C_2012300EN.01000101.xml










5.10.2012   


EN


Official Journal of the European Union


C 300/1





Non-opposition to a notified concentration
(Case COMP/M.6554 — EADS/STA/Elbe Flugzeugwerke JV)
(Text with EEA relevance)
2012/C 300/01
On 13 September 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 32012M6554. EUR-Lex is the on-line access to the European law.