do-me/EUR-LEX huggingface dataset:
Case T-98/13: Action brought on 20 February 2013 — CMT v OHIM — Camomilla (Camomilla)
Date: 2013-02-20
Institutions: General Court
Subjects: EU trade mark, luxury products industry, registered trade mark, trade-mark law








C_2013141EN.01001903.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/19





Action brought on 20 February 2013 — CMT v OHIM — Camomilla (Camomilla)
(Case T-98/13)
2013/C 141/35
Language in which the application was lodged: Italian

Parties


Applicant: CMT Compagnia manifatture tessili Srl (CMT Srl) (Naples, Italy) (represented by: G. Floridia and R. Floridia, lawyers)

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

Other party to the proceedings before the Board of Appeal: Camomilla SpA (Buccinasco, Italy)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 November 2012 in Case R 1615/2011 1 by finding that the absolute ground for invalidity under Article 52(1)(b) of Regulation No 207/2009 — based on the bad faith of the proprietor of the Community trade mark at the time when the application was filed — and the relative ground for invalidity under Article 53(1)(a), in conjunction with Articles 8(1)(b) and 8(5) of the regulation, are made out;










—


In the alternative, and only in the event that the Court should consider the documents produced at the time of the appeal before the Board of Appeal inadmissible and should consider those documents essential for the purposes of granting the appeal, annul the contested decision on the ground of failure to have regard to the right to be heard and infringement of the rights of the defence and refer the case back to the Cancellation Division for a decision on the substance;










—


In any event, call upon OHIM to adopt the measures necessary to comply with the judgment of the General Court;










—


Order OHIM to pay the costs of the present proceedings and the trade mark proprietor to pay the costs of the proceedings before the Cancellation Division and the Board of Appeal.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: figurative mark containing the word element ‘Camomilla’ for goods in Classes 16, 18 and 24 — Community trade mark No 269 241

Proprietor of the Community trade mark: Camomilla SpA

Applicant for the declaration of invalidity of the Community trade mark: the applicant

Grounds for the application for a declaration of invalidity: National figurative mark containing the word element ‘CAMOMILLA’ for goods in Class 25

Decision of the Cancellation Division: application rejected

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Infringement of Article 52(1)(b) and Article 53(1)(a), in conjunction with Article 8(1)(b), of Regulation No 207/2009
Case T-106/13: Action brought on 20 February 2013 — Synergy Hellas v Commission
Date: 2013-02-20
Institutions: General Court
Subjects: administrative responsibility, award of contract, invitation to tender, works contract








C_2013141EN.01002102.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/21





Action brought on 20 February 2013 — Synergy Hellas v Commission
(Case T-106/13)
2013/C 141/38
Language of the case: Greek

Parties


Applicant: d.d. Synergy Hellas Anonimi Emporiki Etairia Parokhis Ipiresion Pliroforikis (Athens, Greece) (represented by: M. Angelopoulos and K. Damis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare that the company’s exclusion by the European Commission from participation in the ARTreat programme constitutes a breach of the Commission’s contractual obligations in the light of the principles of proportionality and the protection of legitimate expectations, and order the Commission to pay to the applicant the sum of three hundred and forty-three thousand eight hundred and twenty-eight euro and eighty-eight cent (EUR 343 828,88) in respect of the payments which are owed by the Commission for the ARTreat project, together with interest from the date on which the present action is lodged;










—


order the Commission to pay to the applicant the sum of eighty-nine thousand nine hundred and thirty-three euro (EUR 89 933,16) as compensation for the financial damage and the harm to its professional reputation that the applicant has suffered because of misuse of the Commission’s powers and breach of confidentiality, together with compensatory interest from 14 June 2012 until delivery of judgment in the present case and interest for late payment from delivery of judgment in the present case until settlement in full;










—


order the Commission to pay the applicant’s costs.





Pleas in law and main arguments

By the present action, the applicant brings together two actions.
First, an action, pursuant to Article 272 TFEU, in respect of liability of the Commission under Contract FP7-224297 concerning the carrying out of the project ‘Multi-level patient-specific artery and artherogenesis model for outcome prediction, decision support treatment, and virtual hand-on training (ARTreat)’. In particular, the applicant submits that, although it duly performed its contractual obligations in full, the Commission, without being so entitled and in breach of the contract and of the principles of the protection of legitimate expectations and of proportionality, suspended payment to it.
Second, an action to establish non-contractual liability of the Commission, pursuant to the second paragraph of Article 340 TFEU. In particular, the applicant submits that the Commission, by reason of its unlawful conduct, has harmed the applicant’s professional reputation.
Prior notification of a concentration (Case COMP/M.6832 — Goldman Sachs/TPG Lundy/Ainscough)  Text with EEA relevance
Date: 2013-02-20
Institutions: European Commission
Subjects: United Kingdom, building materials, economic concentration, holding company, investment company, merger control








C_2013049EN.01002301.xml










20.2.2013   


EN


Official Journal of the European Union


C 49/23





Prior notification of a concentration
(Case COMP/M.6832 — Goldman Sachs/TPG Lundy/Ainscough)
(Text with EEA relevance)
2013/C 49/14






1.


On 13 February 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 undertakings Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and TPG LundyCo, LP (‘TPG Lundy’, Cayman Islands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of Bradley Hall Holdings Limited (‘Bradley Hall’, the United Kingdom), an English company acting as a holding company for Ainscough Crane Hire group by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Goldman Sachs: global investment firm providing a wide range of services worldwide to a diversified client base that includes corporations, financial institutions, governments and high-net-worth individuals,










—


for TPG Lundy: it is part of the TPG Group, a global private investment firm that manages a family of funds that invest in a variety of companies through acquisitions and corporate restructurings,










—


for Bradley Hall: it acts as a holding company for Ainscough Crane Hire group ("Ainscough") which is active in crane hire, contract lifting and ancillary services throughout the United Kingdom, as well as construction, maintenance, servicing, retro-fit and major component changes for wind turbines.














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.6832 — Goldman Sachs/TPG Lundy/Ainscough, 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’).
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2013-02-20
Institutions: European Commission
Subjects: Finland, Netherlands, State aid, aid to agriculture, cessation of farming, competition, control of State aid, environmental protection, farming sector, fishing industry, hunting, silviculture








C_2013049EN.01000301.xml










20.2.2013   


EN


Official Journal of the European Union


C 49/3





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2013/C 49/02







Date of adoption of the decision


19.12.2012




Reference number of State aid


SA.35377 (12/N)




Member State


Netherlands




Region


—


—




Title (and/or name of the beneficiary)


Energy green tax, reduction for the glasshouse horticulture sector




Legal basis


artikel 60, eerste lid, Wet belastingen op milieugrondslag




Type of measure


Scheme


—




Objective


Environmental protection




Form of aid


Tax rate reduction




Budget








 


Overall budget: EUR 184 million










 


Annual budget: EUR 92 million








Intensity


100 %




Duration (period)


1.1.2013-31.12.2014




Economic sectors


Crop and animal production, hunting and related service activities




Name and address of the granting authority







Ministerie van Economische Zaken, Landbouw en Innovatie




Bezuidenhoutseweg 50




2500 EK Den Haag




NEDERLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm







Date of adoption of the decision


8.1.2013




Reference number of State aid


SA.35750 (12/N)




Member State


Finland




Region


—


—




Title (and/or name of the beneficiary)


Tuki maataloustuotannon lopettamiseen




Legal basis








1.


Laki maatalouden harjoittamisesta luopumisen tukemisesta (612/2006), sellaisena kuin se on viimeksi muutettuna lailla (1436/2011)










2.


Valtioneuvoston asetus asetus maatalouden harjoittamisesta luopumisen tukemisesta (25/2007)








Type of measure


Scheme


—




Objective


Early retirement




Form of aid


Direct grant




Budget


Overall budget: EUR 85,20 million




Intensity


Measure does not constitute aid




Duration (period)


Until 31.12.2014




Economic sectors


Agriculture, forestry and fishing




Name and address of the granting authority







Maa- ja metsätalousministeriö




PL 30




FI-00023 Valtioneuvosto




SUOMI/FINLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Prior notification of a concentration (Case COMP/M.6834 — Goldman Sachs/TPG Lundy/Brookgate)  Text with EEA relevance
Date: 2013-02-20
Institutions: European Commission
Subjects: United Kingdom, economic concentration, investment company, merger control, property development








C_2013049EN.01002201.xml










20.2.2013   


EN


Official Journal of the European Union


C 49/22





Prior notification of a concentration
(Case COMP/M.6834 — Goldman Sachs/TPG Lundy/Brookgate)
(Text with EEA relevance)
2013/C 49/13






1.


On 13 February 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 undertakings Goldman Sachs Group, Inc. (‘Goldman Sachs’, USA) and TPG LundyCo, LP (‘TPG Lundy’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control of Brookgate Limited (‘Brookgate’, the United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Goldman Sachs: global investment firm providing a wide range of services worldwide to a diversified client base that includes corporations, financial institutions, governments and high-net-worth individuals,










—


for TPG Lundy: it is part of the TPG Group, a global private investment firm that manages a family of funds that invest in a variety of companies through acquisitions and corporate restructurings,










—


for Brookgate: property development and investment in the United Kingdom.














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.6834 — Goldman Sachs/TPG Lundy/Brookgate, 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’).
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2013-02-20
Institutions: European Commission
Subjects: Finland, State aid, competition, control of State aid, postal and telecommunications services, regional development








C_2013049EN.01000101.xml










20.2.2013   


EN


Official Journal of the European Union


C 49/1





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2013/C 49/01






Date of adoption of the decision


16.12.2009




Reference number of State Aid


SA.28896 (N 388/09)




Member State


Finland




Region


—




Title (and/or name of the beneficiary)


Nopeita laajakaistayhteyksiä koskevat Suomen pilottihankkeet
Pilotprojekt för höghastighetsbredband i Finland




Legal basis


Valtionavustuslaki 688/2001; Valtioneuvoston asetus laajakaistarakentamisen tuesta 451/2009; Laki julkisista hankinnoista 348/2007; Laki laajakaistarakentamisen tuesta haja-asutusalueilla; Laki maaseudun kehittämiseen myönnettävistä tuista 1443/2006; Valtioneuvoston asetus maaseudun hanketoiminnan tukemisesta 829/2007).
Statsunderstödslagen (688/2001), statsrådets förordning om stöd för byggande av bredband (451/2009), lagen om stöd för byggande av bredband i glesbygdsområden, lagen om offentlig upphandling (348/2007), lagen om stöd för utveckling av landsbygden (1443/2006) och statsrådets förordning om stödjande av projektverksamhet på landsbygden (829/2007).




Type of measure


Aid scheme




Objective


Regional development




Form of aid


Direct grant




Budget


Overall budget: EUR 10 million




Intensity


67 %




Duration (period)


Until 31.12.2015




Economic sectors


Post and telecommunications




Name and address of the granting authority







Viestintävirasto (Finnish Communications Regulatory Authority)/Kommunikationsverket




P.O. Box 313




FI-00181 Helsinki/Helsingfors




SUOMI/FINLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Case T-422/12: Order of the General Court of 20 February 2013 — Kappa Filter Systems v OHIM (Action for annulment — Period allowed for bringing proceedings — Out of time — No unforeseeable circumstances — Manifest inadmissibility)
Date: 2013-02-20
Institutions: General Court
Subjects: EU trade mark, air conditioning, air quality, registered trade mark, trade-mark law








C_2013141EN.01001801.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/18





Order of the General Court of 20 February 2013 — Kappa Filter Systems v OHIM
(Case T-422/12) (1)

(Action for annulment - Period allowed for bringing proceedings - Out of time - No unforeseeable circumstances - Manifest inadmissibility)
2013/C 141/31
Language of the case: German

Parties


Applicant: Kappa Filter Systems GmbH (Steyr-Gleink, Austria) (represented by: C. Hadeyer, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 July 2012 (Case R 817/2012-4), relating to registration of the word mark THE FUTURE HAS ZERO EMISSIONS.

Operative part of the order







1.


The action is dismissed.










2.


The applicant shall bear its own costs.






(1)  OJ C 355, 17.11.2012.
Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Decision 2013/89/CFSP, and in Council Regulation (EC) No 314/2004 concerning restrictive measures against Zimbabwe apply
Date: 2013-02-20
Institutions: Council of the European Union
Subjects: Zimbabwe, capital movement, economic sanctions, international sanctions








C_2013049EN.01000701.xml










20.2.2013   


EN


Official Journal of the European Union


C 49/7





Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP, as amended by Decision 2013/89/CFSP, and in Council Regulation (EC) No 314/2004 concerning restrictive measures against Zimbabwe apply
2013/C 49/04
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons, entities and bodies that appear in Annex I to Council Decision 2011/101/CFSP, as amended by Council Decision 2013/89/CFSP (1), and in Annex III to Council Regulation (EC) No 314/2004 concerning restrictive measures against Zimbabwe.
The Council of the European Union has determined that the persons, entities and bodies that appear in the above mentioned Annexes should continue to be included in the list of persons, entities and bodies subject to restrictive measures provided for in Decision 2011/101/CFSP and Regulation (EC) No 314/2004.
The attention of the persons, entities and bodies concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the Annex II to Regulation (EC) No 314/2004, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons, entities and bodies concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above mentioned list should be reconsidered. Any such request should be sent to the following address:





Council of the European Union




General Secretariat




DG C — Unit 1C (Horizontal Issues)




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons, entities and bodies concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 46, 19.2.2013, p. 37.
Case T-378/11: Judgment of the General Court of 20 February 2013 — Langguth Erben v OHIM (MEDINET) (Community trade mark — Application for the Community figurative mark MEDINET — Earlier national and international figurative marks MEDINET — Claim of seniority of the earlier national and international marks — Earlier marks in colour and Community trade mark applied for not designating any specific colour — Signs not identical — Article 34 of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation (EC) No 207/2009 — Expediency of oral proceedings — Article 77 of Regulation (EC) No 207/2009)
Date: 2013-02-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2013108EN.01002301.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/23





Judgment of the General Court of 20 February 2013 — Langguth Erben v OHIM (MEDINET)
(Case T-378/11) (1)

(Community trade mark - Application for the Community figurative mark MEDINET - Earlier national and international figurative marks MEDINET - Claim of seniority of the earlier national and international marks - Earlier marks in colour and Community trade mark applied for not designating any specific colour - Signs not identical - Article 34 of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation (EC) No 207/2009 - Expediency of oral proceedings - Article 77 of Regulation (EC) No 207/2009)
2013/C 108/60
Language of the case: German

Parties


Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and G. Schneider, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 May 2011 (Case R 1598/2010-4) relating to a claim of seniority of earlier marks in an application for registration of the figurative sign MEDINET as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Franz Wilhelm Langguth Erben GmbH & Co. KG to pay the costs.






(1)  OJ C 269, 10.9.2011.
COMMISSION STAFF WORKING DOCUMENT Evidence on Demographic and Social Trends Social Policies' Contribution to Inclusion, Employment and the Economy Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Towards Social Investment for Growth and Cohesion – including implementing the European Social Fund 2014-2020
Date: 2013-02-20
Institutions: European Commission
Subjects: EU Member State, European Social Fund, European social policy, economic and social cohesion, innovation, marginalisation, poverty

SWD 2013 0038

COMMISSION STAFF WORKING DOCUMENT Evidence on Demographic and Social Trends Social Policies' Contribution to

Inclusion, Employment and the Economy Accompanying the document COMMUNICATION FROM THE COMMISSION TO

THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE

COMMITTEE OF THE REGIONS Towards Social Investment for Growth and Cohesion – including implementing the European

Social Fund 2014-2020

1. Document de Travail 1 (1568 K)

2. Document de Travail 2 (1876 K)