do-me/EUR-LEX huggingface dataset:
Joined Cases T-83/11 and T-84/11: Judgment of the General Court of 13 November 2012 — Antrax It v OHIM — THC (Radiators for heating) (Community design — Invalidity proceedings — Registered Community designs representing thermosiphons for the purposes of radiators for heating — Earlier design — Ground for invalidity — Lack of individual character — Overall impression not different — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — No scope for innovation — Obligation to state reasons)
Date: 2012-11-13
Institutions: General Court
Subjects: EU trade mark, heating, registered trade mark, trade-mark law








C_2012399EN.01001901.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/19





Judgment of the General Court of 13 November 2012 — Antrax It v OHIM — THC (Radiators for heating)
(Joined Cases T-83/11 and T-84/11) (1)

(Community design - Invalidity proceedings - Registered Community designs representing thermosiphons for the purposes of radiators for heating - Earlier design - Ground for invalidity - Lack of individual character - Overall impression not different - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - No scope for innovation - Obligation to state reasons)
2012/C 399/32
Language of the case: Italian

Parties


Applicant: Antrax It Srl (Resana, Italy) (represented by: L. Gazzola, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci and A. Folliard-Monguiral initially, then A. Folliard-Monguiral and F. Mattina, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: The Heating Company (THC) (Dilsen, Belgium) (represented by: J. Haber, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 2 November 2010 (Cases R 1451/2009-3 and R 1452/2009-3) relating to invalidity proceedings between The Heating Company (THC) and Antrax It Srl.

Operative part of the judgment

The Court:






1.


Annuls the decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 November 2010 (Cases R 1451/2009-3 and R 1452/2009-3) in so far as they declared invalid the designs Nos 000593959-0001 and 000593959-0002;










2.


Dismisses the actions as to the remainder;










3.


Orders OHIM, in addition to bearing its own costs, to pay the costs incurred by Antrax It Srl in the proceedings before the General Court;










4.


Orders The Heating Company (THC), in addition to bearing its own costs before the General Court, to pay those incurred by Antrax It in the proceedings before the Board of Appeal.






(1)  OJ C 113, 9.4.2011.
Non-opposition to a notified concentration (Case COMP/M.6623 — Vinci/EVT Business)  Text with EEA relevance
Date: 2012-11-13
Institutions: European Commission
Subjects: building industry, economic concentration, intellectual property, merger control








C_2012345EN.01000101.xml










13.11.2012   


EN


Official Journal of the European Union


C 345/1





Non-opposition to a notified concentration
(Case COMP/M.6623 — Vinci/EVT Business)
(Text with EEA relevance)
2012/C 345/01
On 31 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 32012M6623. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.6606 — Toshiba/IBM's Retail Stores Solutions business)  Text with EEA relevance
Date: 2012-11-13
Institutions: European Commission
Subjects: economic concentration, merger control, office supplies, retail selling








C_2012345EN.01000201.xml










13.11.2012   


EN


Official Journal of the European Union


C 345/2





Non-opposition to a notified concentration
(Case COMP/M.6606 — Toshiba/IBM's Retail Stores Solutions business)
(Text with EEA relevance)
2012/C 345/03
On 29 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 32012M6606. EUR-Lex is the on-line access to the European law.
Corrigendum to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2011, together with the institutions’ replies ( OJ C 344, 12.11.2012 )
Date: 2012-11-13
Institutions: European Court of Auditors
Subjects: European Commission, general budget (EU), implementation of the budget








C_2012345EN.01006301.xml










13.11.2012   


EN


Official Journal of the European Union


C 345/63





Corrigendum to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2011, together with the institutions’ replies
(
Official Journal of the European Union C 344 of 12 November 2012
)
2012/C 345/10

Chapter 1 — Table 1.3 (page 22):
In the second column (‘Most likely error, 2011’), footnote 1 does not apply for ‘Regional policy, energy and transport’ and ‘Employment and social affairs’.

Chapter 1 — Graph 1.2 (page 35):
In the legend on the right of the graph the words ‘… of the Cohesion Fund’ should be deleted.
It should read:

‘Accumulated outstanding budgetary commitments 2000-2006’


‘Accumulated outstanding budgetary commitments 2007-2013’.


Chapter 9 — Recommendation 3 (page 218):
In the right column, ‘Reply of the EEAS’, the beginning should read:
‘Recommendation 3 is being implemented …’.
Non-opposition to a notified concentration (Case COMP/M.6710 — CD&R/Wilsonart)  Text with EEA relevance
Date: 2012-11-13
Institutions: European Commission
Subjects: economic concentration, floor coverings, investment company, merger control








C_2012345EN.01000202.xml










13.11.2012   


EN


Official Journal of the European Union


C 345/2





Non-opposition to a notified concentration
(Case COMP/M.6710 — CD&R/Wilsonart)
(Text with EEA relevance)
2012/C 345/04
On 23 October 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 32012M6710. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2012-11-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2012345EN.01000301.xml










13.11.2012   


EN


Official Journal of the European Union


C 345/3





Euro exchange rates (1)

12 November 2012
2012/C 345/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2735




JPY


Japanese yen


101,13




DKK


Danish krone


7,4577




GBP


Pound sterling


0,80200




SEK


Swedish krona


8,5809




CHF


Swiss franc


1,2057




ISK


Iceland króna


 




NOK


Norwegian krone


7,3030




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,366




HUF


Hungarian forint


283,60




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,1706




RON


Romanian leu


4,5293




TRY


Turkish lira


2,2900




AUD


Australian dollar


1,2200




CAD


Canadian dollar


1,2725




HKD


Hong Kong dollar


9,8704




NZD


New Zealand dollar


1,5591




SGD


Singapore dollar


1,5572




KRW


South Korean won


1 386,28




ZAR


South African rand


11,0900




CNY


Chinese yuan renminbi


7,9333




HRK


Croatian kuna


7,5300




IDR


Indonesian rupiah


12 243,86




MYR


Malaysian ringgit


3,9017




PHP


Philippine peso


52,272




RUB


Russian rouble


40,2398




THB


Thai baht


39,020




BRL


Brazilian real


2,6053




MXN


Mexican peso


16,7975




INR


Indian rupee


69,8830






(1)  Source: reference exchange rate published by the ECB.
Council Decision of 13 November 2012 appointing the members of the Scientific and Technical Committee
Date: 2012-11-13
Institutions: Council of the European Union
Subjects: appointment of members, scientific committee (EU), technical committee (EU)








C_2012360EN.01000201.xml










22.11.2012   


EN


Official Journal of the European Union


C 360/2





COUNCIL DECISION
of 13 November 2012
appointing the members of the Scientific and Technical Committee
2012/C 360/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,
Having consulted the Commission,
Whereas:






(1)


By its Decision of 22 January 2008 (1), the Council appointed the members of the Scientific and Technical Committee for the period of 22 January 2008 to 22 January 2013.










(2)


In order to allow the Scientific and Technical Committee to make full use of the wide range of expertise required in fulfilling its tasks, the Committee may, subject to its internal rules, call on alternates to the members to participate in its meetings.










(3)


Article 134(2) of the EAEC Treaty has been amended by Article 11 of the Act concerning the conditions of accession of the Republic of Croatia, and accordingly, it will be necessary to implement this provision on the occasion of the accession the Republic of Croatia,




HAS DECIDED AS FOLLOWS:
Sole Article
The following are hereby appointed members of the Scientific and Technical Committee for the period 23 January 2013 to 22 January 2018:






 


Bertrand BARRE










 


Jānis BĒRZIŅŠ










 


Sten BJURSTRÖM










 


Michel BOURGUIGNON










 


Franck BRISCOE










 


Michel CHATELIER










 


Pavel CHRÁSKA










 


Maurizio CUMO










 


Panicos DEMETRIADES










 


Daniela DIACONU










 


Allan DUNCAN










 


Sue ION










 


Leonidas KAMARINOPOULOS










 


Michael KAUFMANN










 


Jørgen KJEMS










 


Jan-Leen KLOOSTERMAN










 


Latchezar Krumov KOSTOV










 


Zdeněk KŘÍŽ










 


Walter KUTSCHERA










 


Peter LIŠKA










 


Carlo LOMBARDI










 


Cayetano LÓPEZ










 


José Maria MARTÍNEZ-VAL PEÑALOSA










 


Júlio Martins MONTALVÃO E SILVA










 


Jerzy Wiktor NIEWODNICZAŃSKI










 


Tom O’FLAHERTY










 


Enn REALO










 


Francesco ROMANELLI










 


Michael SAILER










 


Rainer SALOMAA










 


Jean-Paul SAMAIN










 


Edouard SINNER










 


Borut SMODIŠ










 


Zoltán SZATMÁRY










 


Ioan URSU










 


Eugenijus USPURAS










 


Theofiel VAN RENTERGEM










 


Carlos VARANDAS










 


Andreas M. VERSTEEGH










 


Hans-Josef ZIMMER










 


Sándor ZOLETNIK





Done at Brussels, 13 November 2012.


For the Council


The President

V. SHIARLY




(1)  OJ C 21, 26.1.2008, p. 2.
2012/703/EU: Council Decision of 13 November 2012 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Central Bank of Ireland
Date: 2012-11-13
Institutions: Council of the European Union
Subjects: Ireland, accountant, central bank




L_2012319EN.01000601.xml










16.11.2012   


EN


Official Journal of the European Union


L 319/6








            COUNCIL DECISION
         
of 13 November 2012
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Central Bank of Ireland
(2012/703/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular Article 27.1 thereof,


Having regard to the Recommendation of the European Central Bank of 14 September 2012 to the Council of the European Union on the external auditors of the Central Bank of Ireland (ECB/2012/20) (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


The mandate of the current external auditors of the Central Bank of Ireland will expire after the audit for the financial year 2011. It is therefore necessary to appoint external auditors from the financial year 2012.












(3)


The Central Bank of Ireland has selected RSM Farrell Grant Sparks as its external auditors for the financial years 2012 to 2016.












(4)


The Governing Council of the ECB has recommended that RSM Farrell Grant Sparks be appointed as the external auditors of the Central Bank of Ireland for the financial years 2012 to 2016.












(5)


It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 1(5) of Decision 1999/70/EC is replaced by the following:

‘5.   RSM Farrell Grant Sparks is hereby approved as the external auditors of the Central Bank of Ireland.’.



Article 2
This Decision shall take effect on the day of its notification.


Article 3
This Decision is addressed to the European Central Bank.




Done at Brussels, 13 November 2012.


For the Council


The President

V. SHIARLY
            





(1)  
            OJ C 286, 22.9.2012, p. 1.

(2)  
            OJ L 22, 29.1.1999, p. 69.
Prior notification of a concentration (Case COMP/M.6752 — CVC/Cunningham Lindsey Group)  Text with EEA relevance
Date: 2012-11-13
Institutions: European Commission
Subjects: economic concentration, insurance company, investment company, merger control








C_2012345EN.01004901.xml










13.11.2012   


EN


Official Journal of the European Union


C 345/49





Prior notification of a concentration
(Case COMP/M.6752 — CVC/Cunningham Lindsey Group)
(Text with EEA relevance)
2012/C 345/08






1.


On 6 November 2012 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CVC Capital Partners SICAV-FIS SA and its subsidiaries and affiliates (‘CVC’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Cunningham Lindsey Group Limited (‘CL Group’, US) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CVC: advice to and management of investment funds. CVC holds interests in a number of companies in various industries, including companies engaged in insurance underwriting and distribution activities,










—


for CL Group: the provision of outsourced insurance loss adjustment, claims management, loss consultancy and property reinstatement services on a global basis including a number of EU Member States.














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.6752 — CVC/Cunningham Lindsey Group, 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-555/11: Judgment of the General Court of 13 November 2012 — tesa v OHIM — Superquímica (tesa TACK) (Community trade mark — Opposition proceedings — Application for Community figurative mark tesa TACK — Earlier national figurative mark TACK Ceys — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-11-13
Institutions: General Court
Subjects: EU trade mark, adhesive, registered trade mark, trade-mark law








C_2012399EN.01002101.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/21





Judgment of the General Court of 13 November 2012 — tesa v OHIM — Superquímica (tesa TACK)
(Case T-555/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark tesa TACK - Earlier national figurative mark TACK Ceys - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 399/37
Language of the case: English

Parties


Applicant: tesa SE (Hamburg, Germany) (represented by: F. Schwab, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and Ó. Mondéjar Ortuño, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: La Superquímica, SA (L’Hospitalet de Llobregat, Spain) (represented by: A. Canela Giménez, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 July 2011 (Case R 866/2010-1) relating to opposition proceedings between La Superquímica, SA and tesa SE.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders tesa SE to pay the costs.






(1)  OJ C 6, 7.1.2012.
Corrigendum to Commission Regulation (EU) No 976/2012 of 23 October 2012 amending Regulation (EU) No 165/2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010 ( OJ L 294, 24.10.2012 )
Date: 2012-11-13
Institutions: European Commission
Subjects: Spain, authorised catch, catch by species, catch quota, conservation of fish stocks, fishing rights, sea fish, sea fishing








L_2012313EN.01002001.xml










13.11.2012   


EN


Official Journal of the European Union


L 313/20







Corrigendum to Commission Regulation (EU) No 976/2012 of 23 October 2012 amending Regulation (EU) No 165/2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010
(
Official Journal of the European Union L 294 of 24 October 2012
)

On page 4, Annex, in the header of the table of the modified Annex, sixth column:
for:

               ‘Multiplying factor of Article 105(2) of Regulation (EC) No 1224/2009 (overfishing (*) 2)’,
read:

               ‘Multiplying factor of Article 105(2) of Regulation (EC) No 1224/2009 (overfishing × 2)’.
Case C-513/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany), lodged on 13 November 2012 — Aslihan Nazli Ayalti v Federal Republic of Germany
Date: 2012-11-13
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), family migration, interpretation of the law








C_2013063EN.01000603.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/6





Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany), lodged on 13 November 2012 — Aslihan Nazli Ayalti v Federal Republic of Germany
(Case C-513/12)
2013/C 63/10
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Aslihan Nazli Ayalti

Defendant: Federal Republic of Germany

Questions referred







1.


Do Article 41(1) of the Additional Protocol of 23 November 1970 to the Agreement of 12 September 1963 establishing an Association between the European Economic Community and Turkey for the transitional stage of the Association (AP) and/or Article 13 of Decision No 1/80 of the EEC-Turkey Association Council of 19 September 1980 (Decision No 1/80) preclude a provision of national law which was introduced for the first time after the abovementioned provisions had come into force and which makes the first entry of a member of the family of a Turkish national who enjoys the legal status under Article 6 of Decision No 1/80 conditional on the requirement that, prior to entry, the family member can demonstrate the ability to make himself or herself understood, in a basic way, in the German language?










2.


If the first question is to be answered in the negative: does the first subparagraph of Article 7(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (1) preclude the provision of national law mentioned in Question 1?






(1)  OJ 2003 L 251, p. 12.