do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6754 — KM Holdings/KM Group)  Text with EEA relevance
Date: 2012-11-21
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, technology








C_2012358EN.01000901.xml










21.11.2012   


EN


Official Journal of the European Union


C 358/9





Prior notification of a concentration
(Case COMP/M.6754 — KM Holdings/KM Group)
(Text with EEA relevance)
2012/C 358/05






1.


On 14 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 the undertaking KM Germany Holdings GmbH (‘KM Holdings’, Germany), ultimately controlled by Onex Corporation (‘Onex’, Canada), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Krauss Maffei AG (Germany), MPM III LLC (United States) and MPM Equity LLC (United States) (together, the ‘KM Group’), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Onex: private equity investor. In particular, Onex manages a fund which owns Davis Standard LLC, a company selling plastics and rubber processing machinery, namely converting systems and extrusion systems,










—


KM Group: provider of technology and services across various sub-segments of the plastics and rubber processing machinery sector, including injection moulding, extrusion and reaction processing machinery to customers worldwide.














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.6754 — KM Holdings/KM 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-510/12: Action brought on 21 November 2012 — Conrad Electronic v OHIM — Sky IP International (EuroSky)
Date: 2012-11-21
Institutions: General Court
Subjects: EU trade mark, electronics industry, registered trade mark, trade-mark law








C_2013026EN.01006501.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/65





Action brought on 21 November 2012 — Conrad Electronic v OHIM — Sky IP International (EuroSky)
(Case T-510/12)
2013/C 26/128
Language in which the application was lodged: German

Parties


Applicant: Conrad Electronic SE (Hirschau, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, J. Künzel, D. Jestaedt, M. Bergermann, J. Vogtmeier and A. Kramer)

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

Other party to the proceedings before the Board of Appeal: Sky IP International Ltd (Isleworth, United Kingdom)

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 20 September 2012 in Case R 1183/2011-4;










—


Order the defendant to pay the costs including the costs incurred in the appeal proceedings





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘EuroSky’ for goods in Class 9 — Community trade mark application No 4 539 896

Proprietor of the mark or sign cited in the opposition proceedings: Sky IP International Ltd

Mark or sign cited in opposition: the national and Community word and figurative mark ‘SKY’ for goods and services in Classes 9, 16, 18, 25, 28, 35, 36, 38, 41, 42, 43 and 45

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
European Parliament legislative resolution of 21 November 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement (16775/1/2011 — C7-0515/2011 — 2011/0322(NLE))
Date: 2012-11-21
Institutions: Committee on Agriculture and Rural Development, Committee on International Trade, European Parliament
Subjects: Russia, agreement (EU), consent procedure, import (EU), originating product, tariff agreement, tariff quota, wood product








C_2015419EN.01021702.xml










16.12.2015   


EN


Official Journal of the European Union


C 419/217





P7_TA(2012)0439
EU-Russia Agreement on the administration of tariff-rate quotas applying to exports of wood ***
European Parliament legislative resolution of 21 November 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement (16775/1/2011 — C7-0515/2011 — 2011/0322(NLE))
(Consent)
(2015/C 419/48)

The European Parliament,






—


having regard to the draft Council decision (16775/1/2011),










—


having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union (16776/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0515/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade (A7-0177/2012),












1.


Consents to conclusion of the Agreement and of the Protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation.
Non-opposition to a notified concentration (Case COMP/M.6685 — Ingram Micro/BrightPoint)  Text with EEA relevance
Date: 2012-11-21
Institutions: European Commission
Subjects: economic concentration, electronic equipment, information technology, logistics, merger control, mobile phone








C_2012358EN.01000101.xml










21.11.2012   


EN


Official Journal of the European Union


C 358/1





Non-opposition to a notified concentration
(Case COMP/M.6685 — Ingram Micro/BrightPoint)
(Text with EEA relevance)
2012/C 358/01
On 11 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 32012M6685. EUR-Lex is the on-line access to the European law.
Case T-270/08: Judgment of the General Court of 21 November 2012 — Germany v Commission (ERDF — Reduction in financial assistance — Operational programme falling under Objective No 1 (1994-1999) for Berlin (East) (Germany))
Date: 2012-11-21
Institutions: General Court
Subjects: Berlin, European Regional Development Fund, Germany, financial aid, operational programme








C_2013009EN.01003501.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/35





Judgment of the General Court of 21 November 2012 — Germany v Commission
(Case T-270/08) (1)

(ERDF - Reduction in financial assistance - Operational programme falling under Objective No 1 (1994-1999) for Berlin (East) (Germany))
2013/C 9/60
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented by: M. Lumma, T. Henze and C. Blaschke, acting as Agents, and C. von Donat, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and B. Conte, acting as Agents)

Interveners in support of the applicant: Kingdom of Spain (represented initially by: J. Rodríguez Cárcamo and N. Díaz Abad and subsequently by: A. Rubio Gonzáles, abogados del Estado); Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries, B. Koopman, M. Bulterman and J. Langer, acting as Agents); and French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents)

Re:

Annulment of Commission Decision C(2008) 1615 final of 29 April 2008 reducing the financial contribution under the European Regional Development Fund (ERDF) initially granted for the Operational Programme falling under Objective 1 (1994-1999) for Berlin (East) in the Federal Republic of Germany

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Federal Republic of Germany to bear its own costs and pay those incurred by the European Commission;










3.


Orders the Kingdom of Spain, the French Republic and the Kingdom of the Netherlands to bear their own costs.






(1)  OJ C 247, 27.9.2008.
Euro exchange rates
Date: 2012-11-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2012358EN.01000701.xml










21.11.2012   


EN


Official Journal of the European Union


C 358/7





Euro exchange rates (1)

20 November 2012
2012/C 358/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2809




JPY


Japanese yen


104,39




DKK


Danish krone


7,4582




GBP


Pound sterling


0,80465




SEK


Swedish krona


8,6463




CHF


Swiss franc


1,2049




ISK


Iceland króna


 




NOK


Norwegian krone


7,3350




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,399




HUF


Hungarian forint


281,56




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6961




PLN


Polish zloty


4,1278




RON


Romanian leu


4,5370




TRY


Turkish lira


2,3016




AUD


Australian dollar


1,2331




CAD


Canadian dollar


1,2755




HKD


Hong Kong dollar


9,9290




NZD


New Zealand dollar


1,5684




SGD


Singapore dollar


1,5683




KRW


South Korean won


1 388,01




ZAR


South African rand


11,3448




CNY


Chinese yuan renminbi


7,9837




HRK


Croatian kuna


7,5497




IDR


Indonesian rupiah


12 343,73




MYR


Malaysian ringgit


3,9169




PHP


Philippine peso


52,766




RUB


Russian rouble


40,1774




THB


Thai baht


39,285




BRL


Brazilian real


2,6648




MXN


Mexican peso


16,7542




INR


Indian rupee


70,5710






(1)  Source: reference exchange rate published by the ECB.
Case T-338/11: Judgment of the General Court of 21 November 2012 — Getty Images v OHIM (PHOTOS.COM) (Community trade mark — Application for the Community word mark PHOTOS.COM — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — No distinctiveness acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009)
Date: 2012-11-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, visual arts








C_2013009EN.01003503.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/35





Judgment of the General Court of 21 November 2012 — Getty Images v OHIM (PHOTOS.COM)
(Case T-338/11) (1)

(Community trade mark - Application for the Community word mark PHOTOS.COM - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - No distinctiveness acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009)
2013/C 9/62
Language of the case: English

Parties


Applicant: Getty Images (US), Inc. (New York, United States) (represented by: P. Olson, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 April 2011 (Case R 1831/2010-2) concerning an application for registration of the word mark PHOTOS.COM as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Getty Images (US), Inc. to pay the costs.






(1)  OJ C 252, 27.8.2011.
European Parliament resolution of 21 November 2012 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2012)0538 — C7-0300/2012 — 2012/2237(BUD))
Date: 2012-11-21
Institutions: Committee on Budgets, Committee on Regional Development, European Parliament
Subjects: Italy, aid to disaster victims, earthquake, financial aid, fund (EU), payment appropriation








C_2015419EN.01021301.xml










16.12.2015   


EN


Official Journal of the European Union


C 419/213





P7_TA(2012)0434
Mobilisation of the EU Solidarity Fund — earthquakes in Italy
European Parliament resolution of 21 November 2012 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2012)0538 — C7-0300/2012 — 2012/2237(BUD))
(2015/C 419/43)

The European Parliament,






—


having regard to the Commission proposal to the European Parliament and the Council (COM(2012)0538 — C7-0300/2012),










—


having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,










—


having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),










—


having regard to the Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund,










—


having regard to the report of the Committee on Budgets (A7-0380/2012),












1.


Approves the decision annexed to this resolution;












2.


Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union;












3.


Instructs its President to forward this resolution, including its annex, to the Council and the Commission.






(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 311, 14.11.2002, p. 3.


ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL


on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management


(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2013/108/EU.)
Prior notification of a concentration (Case COMP/M.6740 — BayWa/Cefetra)  Text with EEA relevance
Date: 2012-11-21
Institutions: European Commission
Subjects: agricultural equipment, agricultural product, building materials, economic concentration, energy-generating product, international trade, merger control








C_2012358EN.01000801.xml










21.11.2012   


EN


Official Journal of the European Union


C 358/8





Prior notification of a concentration
(Case COMP/M.6740 — BayWa/Cefetra)
(Text with EEA relevance)
2012/C 358/04






1.


On 14 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 BayWa AG (‘BayWa’, Germany) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the whole of Cefetra B.V. (‘Cefetra’, The Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for BayWa: worldwide trading in (i) agricultural equipment and resources such as grains, oilseeds, seeds, fertilizers, crop protection and feedstuffs for livestock farming; (ii) building materials, do-it-yourself (DIY) and garden centres; and (iii) energy products such as heating oil, diesel and lubricants,










—


for Cefetra: international trading and supply of agricultural commodities for the animal feed, food, and fuel industries.














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.6740 — BayWa/Cefetra, 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-230/12: Order of the General Court (Third Chamber) of 21 November 2012 — Axa Belgium v Commission
Date: 2012-11-21
Institutions: General Court
Subjects: countertrade, insurance company, insurance indemnity, personal accident insurance








C_2013026EN.01006906.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/69





Order of the General Court (Third Chamber) of 21 November 2012 — Axa Belgium v Commission
(Case T-230/12) (1)

2013/C 26/140
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 243, 11.8.2012.
European Parliament decision of 21 November 2012 approving the appointment of Tonio Borg as a Member of the Commission
Date: 2012-11-21
Institutions: Committee on Agriculture and Rural Development, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: European Commission, appointment of members








C_2015419EN.01021101.xml










16.12.2015   


EN


Official Journal of the European Union


C 419/211





P7_TA(2012)0432
Appointment of a new Commissioner
European Parliament decision of 21 November 2012 approving the appointment of Tonio Borg as a Member of the Commission
(2015/C 419/41)

The European Parliament,







—


having regard to the second paragraph of Article 246 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,










—


having regard to point 6 of the Framework Agreement on relations between the European Parliament and the European Commission (1),










—


having regard to the resignation of John Dalli as a Member of the Commission, tendered on 16 October 2012,










—


having regard to the Council's letter of 25 October 2012, whereby the Council consulted Parliament on a decision, to be taken by common accord with the President of the Commission, on the appointment of Tonio Borg as a Member of the Commission,










—


having regard to the hearing of Tonio Borg on 13 November 2012, led by the Committee on the Environment, Public Health and Food Safety with the association of the Committee on the Internal Market and Consumer Protection and the Committee on Agriculture and Rural Development, and to the statement of evaluation drawn up following that hearing;










—


having regard to Rule 106 of, and Annex XVII to, its Rules of Procedure,












1.


Approves the appointment of Tonio Borg as a Member of the Commission for the remainder of the Commission’s term of office until 31 October 2014;












2.


Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.






(1)  OJ L 304, 20.11.2010, p. 47.