do-me/EUR-LEX huggingface dataset:
Case T-38/13: Action brought on 24 January 2013 — Pedro Group/OHIM — Cortefiel (PEDRO)
Date: 2013-01-24
Institutions: General Court
Subjects: Bulgaria, EU trade mark, Romania, Spain, clothing industry, registered trade mark, trade-mark law








C_2013101EN.01002002.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/20





Action brought on 24 January 2013 — Pedro Group/OHIM — Cortefiel (PEDRO)
(Case T-38/13)
2013/C 101/44
Language in which the application was lodged: English

Parties


Applicant: Pedro Group Pte Ltd (Singapore, Singapore) (represented by: B. Brandreth, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cortefiel, SA (Madrid, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul partially the Fourth Board of Appeal’s Decision of 26 November 2012 (Case R 0271/2011-4): Annulment of that part of the Decision that annulled part of the decision of the Opposition Division dated 17 December 2010 and rejected the Applicant’s CTM application for certain goods in class 25;










—


Order that the respondent pays the applicant its costs incurred before the Board of Appeal and the General Court.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘PEDRO’, for goods and services in classes 18, 25 and 35 — Community trade mark application No 7 541 857

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 1 252 899 of the figurative mark in black and white ‘Pedro del Hierro’ for goods and services in classes 3, 9, 14, 18, 25, 35, and 42 and the International registration No 864 740 claimed to have effect in Bulgaria, Spain and Romania for the figurative mark in black and white ‘Pedro del Hierro’ for goods and services in classes 3, 14, 25 and 35

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision as far as it rejected the opposition for goods in class 25, rejected the application for these goods and dismissed the appeal for the remainder

Pleas in law: Infringement of Articles 8(1)(b), 15 and 42(2) of Council Regulation No 207/2009.
Prior notification of a concentration (Case COMP/M.6852 — CVC/Cerved Holding) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-01-24
Institutions: European Commission
Subjects: database, economic concentration, investment company, merger control, trade information








C_2013021EN.01001301.xml










24.1.2013   


EN


Official Journal of the European Union


C 21/13





Prior notification of a concentration
(Case COMP/M.6852 — CVC/Cerved Holding)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 21/07






1.


On 18 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 the undertaking CVC Capital Partners SICAV-FIS SA and its subsidiaries and affiliates (‘CVC’, Luxembourg), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Cerved Holding SpA (‘Cerved Holding’, Italy) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CVC: advice to and management of investment funds,










—


for Cerved Holding: provision of database and commercial information to third parties.














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.6852 — CVC/Cerved Holding, 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’).
New national side of euro coins intended for circulation
Date: 2013-01-24
Institutions: European Commission
Subjects: Luxembourg, commemoration, euro, issuing of currency








C_2013021EN.01001101.xml










24.1.2013   


EN


Official Journal of the European Union


C 21/11





New national side of euro coins intended for circulation
2013/C 21/05




National side of the new commemorative 2-euro coin intended for circulation and issued by Luxembourg

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country: Luxembourg
Subject of commemoration: the wedding of the Heir Grand-Duke Guillaume with the Countess Stéphanie de Lannoy
Description of the design: The coin depicts, on the left of its inner part, the effigy of His Royal Highness, the Grand-Duke Henri, and on the right of its inner part, the effigy of the Heir Grand-Duke Guillaume superimposed on the effigy of the Countess Stéphanie. The texts ‘PRËNZENHOCHZAÏT’ and ‘LËTZEBUERG’ and the year ‘2012’, flanked by the mint mark and the initials of the mint master, appear at the bottom of the inner part of the coin.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued: 1,4 million
Date of issue: December 2012


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case C-529/09: Judgment of the Court (First Chamber) of 24 January 2013 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — State aid incompatible with the common market — Obligation of recovery — Failure to comply with a Commission Decision — Objection of inadmissibility — Res judicata by means of a previous judgment of the Court)
Date: 2013-01-24
Institutions: Court of Justice
Subjects: Spain, State aid, aid to undertakings, common market, control of State aid, enforcement of ruling, infringement of EU law, reimbursement of aid








C_2013071EN.01000201.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/2





Judgment of the Court (First Chamber) of 24 January 2013 — European Commission v Kingdom of Spain
(Case C-529/09) (1)

(Failure of a Member State to fulfil obligations - State aid incompatible with the common market - Obligation of recovery - Failure to comply with a Commission Decision - Objection of inadmissibility - Res judicata by means of a previous judgment of the Court)
2013/C 71/02
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: L. Flynn and C. Urraca Caviedes, acting as Agents)

Defendant: Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 288 TFEU and of Articles 2 and 3 of Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors (OJ 1999 L 198, p. 15) — Aid granted to Industrias Domésticas, S.A. (Indosa)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the measures necessary to comply with Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors, as regards the undertaking Industrias Domésticas SA, the Kingdom of Spain has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and under Articles 2 and 3 of that decision.










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 51, 27.2.2010.
Case C-37/13 P: Appeal brought on 24 January 2013 by Nexans France SAS, Nexans SA against the judgment of the General Court (Eighth Chamber) delivered on 14 November 2012 in Case T-135/09: Nexans France SAS, Nexans SA v European Commission
Date: 2013-01-24
Institutions: Court of Justice
Subjects: administrative procedure, competition, electric cable, judicial review, protection of privacy








C_2013101EN.01001001.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/10





Appeal brought on 24 January 2013 by Nexans France SAS, Nexans SA against the judgment of the General Court (Eighth Chamber) delivered on 14 November 2012 in Case T-135/09: Nexans France SAS, Nexans SA v European Commission
(Case C-37/13 P)
2013/C 101/22
Language of the case: English

Parties


Appellants: Nexans France SAS, Nexans SA (represented by: M. Powell, Solicitor, J.-P. Tran-Thiet, Avocat, G. Forwood, Barrister, A. Rogers, Advocate)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:






—


set aside the Contested Judgment insofar as it dismissed the second branch of the applicant’s first plea that the geographical scope of the dawn raid decision was overly broad and insufficiently precise;










—


on the basis of the information at its disposal, annul the Dawn Raid Decision in so far as its geographic scope was overly broad, insufficiently justified and insufficiently precise, or alternatively, refer the case back to the General Court for determination in accordance with the judgment of the Court of Justice as to points of law;










—


set aside the judgment under appeal insofar as it orders Nexans to bear its own costs and to pay half of the costs incurred by the Commission in the proceedings before the General Court and order the Commission to pay Nexans’ costs for the proceedings before the General Court in an amount the Court sees fit,










—


order the Commission to pay all of Nexans’ costs in these proceedings.





Pleas in law and main arguments

The appellants submit that the General Court erred in dismissing their application for the annulment of the Dawn Raid Decision insofar as it was insufficiently precise, overly broad in its geographic scope and applied to any suspected agreements and/or concerted practices that ‘probably had a global reach’. The appellants also submit that the General Court erred in its order as to costs.
Case C-646/11 P: Judgment of the Court (Eighth Chamber) of 24 January 2013 — Falles Fagligt Forbund (3F), formerly Specialarbejderforbundet i Danmark (SID) v European Commission, Kingdom of Denmark (Appeal — State aid — Tax-reduction measures — Seafarers working on board vessels registered in the Danish International Register — Article 88(3) EC — Preliminary examination stage — Commission decision not to raise objections — Action for annulment — Conditions for initiating the formal investigation procedure — Existence of doubts regarding the compatibility of the aid with the common market — Period for the examination)
Date: 2013-01-24
Institutions: Court of Justice
Subjects: Denmark, State aid, common market, control of State aid, crew, data recording, tax exemption, vessel








C_2013071EN.01000402.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/4





Judgment of the Court (Eighth Chamber) of 24 January 2013 — Falles Fagligt Forbund (3F), formerly Specialarbejderforbundet i Danmark (SID) v European Commission, Kingdom of Denmark
(Case C-646/11 P) (1)

(Appeal - State aid - Tax-reduction measures - Seafarers working on board vessels registered in the Danish International Register - Article 88(3) EC - Preliminary examination stage - Commission decision not to raise objections - Action for annulment - Conditions for initiating the formal investigation procedure - Existence of doubts regarding the compatibility of the aid with the common market - Period for the examination)
2013/C 71/07
Language of the case: English

Parties


Appellant: Falles Fagligt Forbund (3F), formerly Specialarbejderforbundet i Danmark (SID) (represented by: P. Torbøl, advokat, S. Aparicio Hill, abogada, and V. Edwards, Solicitor)

Other parties to the proceedings: European Commission (represented by: H. van Vliet and P.-J. Loewenthal, Agents), Kingdom of Denmark (represented by: C. Vang and C. Thorning, Agents)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 27 September 2011 in Case T-30/03 RENV 3F v Commission by which the General Court dismissed the application for annulment of Commission Decision C(2002) 4370 final of 13 November 2002 finding the tax-reduction measures applicable to seafarers on board Danish vessels to be State aid compatible with the common market (Case C-319/07 P referred back after successful appeal)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Falles Fagligt Forbund (3F) to pay the costs;










3.


Orders the Kingdom of Denmark to bear its own costs.






(1)  OJ C 65, 3.3.2012.
New national side of euro coins intended for circulation
Date: 2013-01-24
Institutions: European Commission
Subjects: Germany, commemoration, euro, issuing of currency








C_2013021EN.01001001.xml










24.1.2013   


EN


Official Journal of the European Union


C 21/10





New national side of euro coins intended for circulation
2013/C 21/04




National side of the new commemorative 2-euro coin intended for circulation and issued by Germany

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country: Germany
Subject of commemoration: 50th anniversary of the signing of the Élysée Treaty
Description of the design: The coin, which was designed by Yves Sampo of the Monnaie de Paris, Stefanie Lindner of the Berlin State Mint, Alina Hoyer (Berlin) and Sneschana Russewa-Hoyer (Berlin), depicts stylised portraits of the Élysée Treaty’s signatories (the then-Chancellor of the Federal Republic of Germany Konrad Adenauer and the former President of the French Republic Charles de Gaulle), their signatures and the words ‘50 ANS JAHRE’ with the year ‘2013’ in the centre, the words ‘TRAITÉ DE L’ÉLYSÉE’ at the top and the words ‘ÉLYSÉE-VERTRAG’ at the bottom. The right side of the inner part also features the mint mark of the respective mint (‘A’, ‘D’, ‘F’, ‘G’ or ‘J’) as well as the issuing country’s code ‘D’.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued: 11 million
Date of issue: January 2013


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case T-189/11: Judgment of the General Court of 24 January 2013 — Yordanov v OHIM — Distribuidora comercial del frio (DISCO DESIGNER) (Community trade mark — Opposition proceedings — Application for Community word mark DISCO DESIGNER — Earlier figurative Community mark DISCO — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-01-24
Institutions: General Court
Subjects: EU trade mark, distributive trades, refrigeration industry, registered trade mark, trade-mark law








C_2013071EN.01001701.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/17





Judgment of the General Court of 24 January 2013 — Yordanov v OHIM — Distribuidora comercial del frio (DISCO DESIGNER)
(Case T-189/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark DISCO DESIGNER - Earlier figurative Community mark DISCO - Relative ground for refusal - Likelihood of confusion - Identity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 71/25
Language of the case: German

Parties


Applicant: Peter Yordanov (Rousse, Bulgaria) (represented by: T. Walter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and A. Pohlmann, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Distribuidora comercial del frio, SA (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 January 2011 (Case R 803/2010-2), relating to opposition proceedings between Distribuidora comercial del frio, SA and Mr Peter Yordanov.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Peter Yordanov to pay the costs.






(1)  OJ C 152, 21.5.2011.
Case T-33/13: Action brought on 24 January 2013 — Türkiye Garanti Bankasi/OHIM — Card & Finance Consulting (bonus&more)
Date: 2013-01-24
Institutions: General Court
Subjects: EU trade mark, Türkiye, bank, financial services, registered trade mark, trade-mark law








C_2013086EN.01002301.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/23





Action brought on 24 January 2013 — Türkiye Garanti Bankasi/OHIM — Card & Finance Consulting (bonus&more)
(Case T-33/13)
2013/C 86/37
Language in which the application was lodged: English

Parties


Applicant: Türkiye Garanti Bankasi AS (Istanbul, Turkey) (represented by: J. Güell Serra, lawyer)

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

Other party to the proceedings before the Board of Appeal: Card & Finance Consulting GmbH (Nürnberg, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision; and










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘bonus&more’, for services in classes 35, 36, 38, 41 and 42 — Community trade mark application No 9 037 251

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The International Registration of the figurative mark ‘bonusnet’, for goods and services in classes 9, 35, 36, 38 and 42 — International Registration No 931 921

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Allows the appeal and rejects the opposition

Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009.
Case C-73/11 P: Judgment of the Court (Second Chamber) of 24 January 2013 — Frucona Košice a.s. v European Commission, St. Nicolaus — trade a.s. (Appeal — State aid — Cancellation of 65 % of a tax debt in a collective bankruptcy procedure — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Private creditor test — Limits of judicial review — Substitution by the General Court of its own grounds for those set out in the contested decision — Manifest error of assessment — Distortion of evidence)
Date: 2013-01-24
Institutions: Court of Justice
Subjects: Slovakia, State aid, claim, common market, control of State aid, financial solvency, judicial review, reimbursement of aid, tax system








C_2013071EN.01000202.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/2





Judgment of the Court (Second Chamber) of 24 January 2013 — Frucona Košice a.s. v European Commission, St. Nicolaus — trade a.s.
(Case C-73/11 P) (1)

(Appeal - State aid - Cancellation of 65 % of a tax debt in a collective bankruptcy procedure - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Private creditor test - Limits of judicial review - Substitution by the General Court of its own grounds for those set out in the contested decision - Manifest error of assessment - Distortion of evidence)
2013/C 71/03
Language of the case: English

Parties


Appellant: Frucona Košice a.s. (represented by: P. Lasok QC, J. Holmes and B. Hartnett, Barristers, and by O. Geiss, Rechtsanwalt)

Other parties to the proceedings: European Commission (represented by: K. Walkerová, L. Armati and B. Martenczuk, Agents), St. Nicolaus — trade a.s. (represented by: N. Smaho, lawyer)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 7 December 2010 in Case T-11/07 Frucona Kosice a.s v European Commission in which the General Court dismissed an action for annulment of the Commission Decision C(2006) 2087 final, of 7 June 2006, concerning aid granted by Slovakia for Frucona Košice in the form of a cancellation of a tax debt by the competent tax office in a collective bankruptcy procedure (State Aid No C 25/2005, ex NN/2005), in so far as that decision declares that measure incompatible with the common market and orders Slovakia to recover the aid in its entirety

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 7 December 2010 in Case T-11/07 Frucona Košice v Commission;










2.


Refers the case back to the General Court of the European Union for it to give judgment on the pleas raised before it on which it did not rule;










3.


Reserves the costs.






(1)  OJ C 130, 30.4.2011.