do-me/EUR-LEX huggingface dataset:
Case T-18/13: Action brought on 11 January 2013 — Łaszkiewicz v OHIM — CABLES Y ESLINGAS (PROTEKT)
Date: 2013-01-11
Institutions: General Court
Subjects: EU trade mark, protective equipment, registered trade mark, trade-mark law








C_2013108EN.01002802.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/28





Action brought on 11 January 2013 — Łaszkiewicz v OHIM — CABLES Y ESLINGAS (PROTEKT)
(Case T-18/13)
2013/C 108/73
Language in which the application was lodged: Polish

Parties


Applicant: Grzegorz Łaszkiewicz (Łódź, Poland) (represented by: J. Gwiazdowska, legal adviser)

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

Other party to the proceedings before the Board of Appeal: CABLES Y ESLINGAS, S.A. (Cerdanyola del Valles, Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:






—


set aside in its entirety the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 October 2012 in Case R 701/2011-4;










—


deliver final judgment — if the state of the proceedings so allows — by allowing registration of the Community trade mark applied for (Registration No 8478331);










—


if necessary — should the state of the proceedings so allow — refer the case back for reconsideration by the Fourth Board of Appeal, in accordance with the binding criteria laid down by the Court of Justice;










—


order OHIM to pay the costs of the proceedings, including the costs incurred by the applicant in his action before the Board of Appeal and before the Opposition Division of the Office for Harmonisation in the Internal Market;










—


examine the evidence indicated in the content of the application;










—


conduct the written procedure, with Polish as the language of the case.





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 ‘protekt’ for goods in Classes 6, 7, 9, 22 and 25 — Registration No 008478331

Proprietor of the mark or sign cited in the opposition proceedings: CABLES Y ESLINGAS, S.A.

Mark or sign cited in opposition: The word mark PROTEK, registered in Spain for goods in Classes 6 and 9

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Breach of Article 8(1)(b) of Regulation No 207/2009;










—


Breach of the principle of legality, including breach of Article 3(1)(a) to (d) of Directive 2008/95;










—


Breach of Articles 75 and 76 of Regulation No 207/2009 and of Rules 50 and 52 of Commission Regulation No 2868/95.
Prior notification of a concentration (Case COMP/M.6799 — Mitsui/PAG/PAG Italy) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-01-11
Institutions: European Commission
Subjects: Germany, Italy, United Kingdom, United States, economic concentration, merger control, motor vehicle industry








C_2013007EN.01001101.xml










11.1.2013   


EN


Official Journal of the European Union


C 7/11





Prior notification of a concentration
(Case COMP/M.6799 — Mitsui/PAG/PAG Italy)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 7/05






1.


On 3 January 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Mitsui & Co., Ltd (‘Mitsui’, Japan) and Penske Automotive Group Inc. (‘PAG’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over of a newly created joint venture PAG Italy Srl (‘PAG Italy’, Italy), by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Mitsui: major trading house engaged in a number of worldwide commodities and other businesses, including the sale of motor vehicles, motorcycles, motor vehicle and motorcycle parts and accessories,










—


for PAG: automobile dealerships in North America, the United Kingdom and Germany, including sale, maintenance and repair of motor vehicles and other ancillary products such as finance and insurance products,










—


for PAG Italy: BMW dealerships 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.6799 — Mitsui/PAG/PAG Italy, 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-17/13: Action brought on 11 January 2013 — ANKO v Commission
Date: 2013-01-11
Institutions: General Court
Subjects: award of contract, contract, indemnification, misuse of a right, principle of proportionality, redemption








C_2013079EN.01002402.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/24





Action brought on 11 January 2013 — ANKO v Commission
(Case T-17/13)
2013/C 79/43
Language of the case: Greek

Parties


Applicant: ANKO AE Antiprosopion, Emporiou kai Viomikhanias (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare that the applicant is under no obligation to repay as unduly paid the sum which the Commission paid to it in respect of the POCEMON project;










—


declare that the applicant is under no obligation to pay to the Commission liquidated damages in respect of the POCEMON project;










—


declare that the Commission is not entitled to offset the amount which it is obliged to pay to ANKO, and










—


order the Commission to pay the applicant’s costs.





Pleas in law and main arguments

This action relates to the liability of the Commission under grant agreement No 216088 for the carrying out of the project ‘Point Of CarE MONitoring and Diagnostics for Autoimmune Diseases’ (POCEMON), pursuant to Article 272 TFEU. In particular, the applicant maintains that although it performed its contractual obligations the Commission, contrary to the terms of the abovementioned agreement, the principle of good faith, the prohibition of abuse of rights and proportionality, sought the repayment of sums paid to ΑΝΚΟ. Further, the Commission carried out an offsetting of claims which were not certain, of a fixed amount and due.






—


For those reasons, the applicant maintains: first, that it is under no obligation to repay as unduly paid the whole of the sum which the Commission paid to it in respect of the POCEMON project; secondly, it is under no obligation to pay to the Commission liquidated damages in respect of the POCEMON project, and thirdly that the Commission is not entitled to offset against sums which it is obliged to pay to the applicant sums which are not certain, of a fixed amount and due.
2013/42/CFSP: Political and Security Committee Decision EUCAP NESTOR/2/2013 of 11 January 2013 on the acceptance of third States’ contributions to the European Union Mission on Regional Maritime Capacity-Building in the Horn of Africa (EUCAP NESTOR)
Date: 2013-01-11
Institutions: Political and Security Committee
Subjects: Horn of Africa, Norway, fact-finding mission, financial aid, maritime safety




L_2013020EN.01005201.xml










23.1.2013   


EN


Official Journal of the European Union


L 20/52








            POLITICAL AND SECURITY COMMITTEE DECISION EUCAP NESTOR/2/2013
of 11 January 2013
         
on the acceptance of third States’ contributions to the European Union Mission on Regional Maritime Capacity-Building in the Horn of Africa (EUCAP NESTOR)
(2013/42/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (1), and in particular Article 10(3) thereof,

Whereas:







(1)


Pursuant to Article 10(3) of Decision 2012/389/CFSP, the Council authorised the Political and Security Committee (‘PSC’) to take relevant decisions on the acceptance of contributions to EUCAP NESTOR by third States.












(2)


The Civilian Operations Commander recommended that the PSC accept the proposed contribution from Norway to EUCAP NESTOR and to consider it as significant.












(3)


Norway should be exempted from financial contributions to the budget of EUCAP NESTOR,





HAS ADOPTED THIS DECISION:



Article 1

Third States’ contributions


1.   The contribution from Norway to EUCAP NESTOR is accepted and is considered to be significant.


2.   Norway is exempted from financial contributions to the budget of EUCAP NESTOR.



Article 2

Entry into force

This Decision shall enter into force on the day of its adoption.




Done at Brussels, 11 January 2013.


For the Political and Security Committee


The Chairperson

O. SKOOG
            





(1)  
            OJ L 187, 17.7.2012, p. 40.
Case T-568/11: Judgment of the General Court of 11 January 2013 — Kokomarina v OHIM — Euro Shoe Group (interdit de me gronder IDMG) (Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court)
Date: 2013-01-11
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, trade-mark law








C_2013046EN.01001801.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/18





Judgment of the General Court of 11 January 2013 — Kokomarina v OHIM — Euro Shoe Group (interdit de me gronder IDMG)
(Case T-568/11) (1)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark interdit de me gronder IDMG - Earlier Benelux word mark DMG - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark disputed for the first time before the General Court)
2013/C 46/32
Language of the case: French

Parties


Applicant: Kokomarina (Concarneau, France) (represented by: C. Charrière-Bournazel, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Euro Shoe Group (Beringen, Belgium) (represented by: I. Vernimme, lawyer

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 July 2011 (Case R 1814/2010-1), relating to opposition proceedings between Euro Shoe Unie and Kokomarina

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kokomarina to pay the costs.






(1)  OJ C 13, 14.1.2012.
Prior notification of a concentration (Case COMP/M.6798 — CDC/Bull/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-01-11
Institutions: European Commission
Subjects: economic concentration, information technology industry, investment company, merger control








C_2013007EN.01000901.xml










11.1.2013   


EN


Official Journal of the European Union


C 7/9





Prior notification of a concentration
(Case COMP/M.6798 — CDC/Bull/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 7/04






1.


On 3 January 2013, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Caisse des Dépôts et Consignations (‘CDC’, France) and Bull SA (‘Bull’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking JV (France) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


CDC: Tasks of public interest consisting of managing private funds for which public authorities wish to provide special protection, and investing in or granting loans for activities in the public interest. These activities include, in particular, real estate business, the environment, investment and private equity investment, and services,










—


Bull: Marketing of IT infrastructure products (computer servers, storage solutions, IT security solutions, high-performance computing) and IT services,










—


JV: Marketing of cloud computing services.














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 ten 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.6798 — CDC/Bull/JV, 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’).
Euro exchange rates
Date: 2013-01-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2013007EN.01000801.xml










11.1.2013   


EN


Official Journal of the European Union


C 7/8





Euro exchange rates (1)

10 January 2013
2013/C 7/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3113




JPY


Japanese yen


115,76




DKK


Danish krone


7,4607




GBP


Pound sterling


0,81720




SEK


Swedish krona


8,5666




CHF


Swiss franc


1,2104




ISK


Iceland króna


 




NOK


Norwegian krone


7,2980




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,629




HUF


Hungarian forint


291,59




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6966




PLN


Polish zloty


4,0888




RON


Romanian leu


4,3757




TRY


Turkish lira


2,3275




AUD


Australian dollar


1,2403




CAD


Canadian dollar


1,2928




HKD


Hong Kong dollar


10,1645




NZD


New Zealand dollar


1,5550




SGD


Singapore dollar


1,6059




KRW


South Korean won


1 389,38




ZAR


South African rand


11,3378




CNY


Chinese yuan renminbi


8,1630




HRK


Croatian kuna


7,5720




IDR


Indonesian rupiah


12 668,61




MYR


Malaysian ringgit


3,9727




PHP


Philippine peso


53,227




RUB


Russian rouble


39,7292




THB


Thai baht


39,732




BRL


Brazilian real


2,6720




MXN


Mexican peso


16,6112




INR


Indian rupee


71,6671






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