do-me/EUR-LEX huggingface dataset:
Decision of the EEA Joint Committee No 39/2013 of 15 March 2013 amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, harmonisation of standards, revision of an agreement, telecommunications, waveband




L_2013231EN.01001301.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/13








            DECISION OF THE EEA JOINT COMMITTEE
         
No 39/2013
of 15 March 2013
         
amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2011/829/EU of 8 December 2011 amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (1) is to be incorporated into the EEA Agreement.












(2)


Annex XI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 5cz (Commission Decision 2006/771/EC) of Annex XI to the EEA Agreement:






‘—



32011 D 0829: Commission Implementing Decision 2011/829/EU of 8 December 2011 (OJ L 329, 13.12.2011, p. 10).’.






Article 2
The text of Implementing Decision 2011/829/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 March 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 329, 13.12.2011, p. 10.

(*1)  No constitutional requirements indicated.
Case T-164/13: Action brought on 15 March 2013 — Sun Capital Partners/OHIM — Sun Capital Partners (SUN CAPITAL)
Date: 2013-03-15
Institutions: General Court
Subjects: EU trade mark, investment company, registered trade mark, trade-mark law








C_2013147EN.01002601.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/26





Action brought on 15 March 2013 — Sun Capital Partners/OHIM — Sun Capital Partners (SUN CAPITAL)
(Case T-164/13)
2013/C 147/47
Language in which the application was lodged: English

Parties


Applicant: Sun Capital Partners, Inc. (New York, United States) (represented by: P.-A. Dubois, Solicitor, D. Alexander, QC and F. Clark, Barrister)

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

Other party to the proceedings before the Board of Appeal: Sun Capital Partners Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision of the Board; and/or










—


Remit the matter for further consideration by the Board;










—


Order the defendant to pay the costs of the proceedings, including the costs incurred by the applicant before the Board;










—


Order SCPL to pay the costs of the proceedings, including the costs incurred by the applicant before the Board, in the event that SCLP becomes an intervening party in these proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘SUN CAPITAL’– Community trade mark registration No 2 942 654

Proprietor of the Community trade mark: The applicant

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

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Articles 53(1)(c) and 8(4) of Council Regulation No 207/2009

Decision of the Cancellation Division: Declared the contested Community trade mark invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 53(1) in conjunction with 8(4) of Council Regulation No 207/2009.
Decision of the EEA Joint Committee No 45/2013 of 15 March 2013 amending Annex XX (Environment) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, atmospheric pollutant, motor vehicle, petrol, reduction of gas emissions, revision of an agreement




L_2013231EN.01001901.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/19








            DECISION OF THE EEA JOINT COMMITTEE
         
No 45/2013
of 15 March 2013
         
amending Annex XX (Environment) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 21ata (Commission Decision 2011/92/EU) of Annex XX to the EEA Agreement:






‘21au.



32009 L 0126: Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (OJ L 285, 31.10.2009, p. 36).’.






Article 2
The text of Directive 2009/126/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 March 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 285, 31.10.2009, p. 36.

(*1)  Constitutional requirements indicated.
Decision of the EEA Joint Committee No 42/2013 of 15 March 2013 amending Annex XIII (Transport) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Aviation Safety Agency, European Economic Area, administrative procedure, civil aviation, periodic penalty payment, revision of an agreement




L_2013231EN.01001601.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/16








            DECISION OF THE EEA JOINT COMMITTEE
         
No 42/2013
of 15 March 2013
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) No 646/2012 of 16 July 2012 laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is inserted after point 66na (Commission Regulation (EC) No 103/2007) of Annex XIII to the EEA Agreement:






‘66nb.



32012 R 0646: Commission Implementing Regulation (EU) No 646/2012 of 16 July 2012 laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 187, 17.7.2012, p. 29).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:






(a)


Where persons or undertakings established in an EFTA State are concerned, the word “Commission” shall read “EFTA Surveillance Authority” and the words “Court of Justice of the European Union” shall read “EFTA Court”.










(b)


In Article 19, with regards to the EFTA States, the words “in accordance with Council Regulation (EC, Euratom) No 1605/2002 and Commission Regulation (EC, Euratom) No 2342/2002” shall not apply.’










Article 2
The text of Implementing Regulation (EU) No 646/2012 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 March 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 187, 17.7.2012, p. 29.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 37/2013 of 15 March 2013 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, child, market approval, product safety, revision of an agreement, safety standard




L_2013231EN.01001101.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 37/2013
of 15 March 2013
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2012/53/EU of 27 January 2012 extending the validity of Decision 2006/502/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 3k (Commission Decision 2006/502/EC) of Chapter XIX of Annex II to the EEA Agreement:






‘—



32012 D 0053: Commission Implementing Decision 2012/53/EU of 27 January 2012 (OJ L 27, 31.1.2012, p. 24).’.






Article 2
The text of Implementing Decision 2012/53/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 March 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 27, 31.1.2012, p. 24.

(*1)  No constitutional requirements indicated.
Case T-159/13: Action brought on 15 March 2013 — HK Intertrade v Council
Date: 2013-03-15
Institutions: General Court
Subjects: Iran, common foreign and security policy, international sanctions, right to justice, rights of the defence








C_2013147EN.01002402.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/24





Action brought on 15 March 2013 — HK Intertrade v Council
(Case T-159/13)
2013/C 147/44
Language of the case: English

Parties


Applicant: HK Intertrade Co. Ltd (Wanchai, Hong-Kong) (represented by: J. Grayston, Solicitor, P. Gjørtler, G. Pandey, D. Rovetta, N. Pilkington and D. Sellers, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Council Decision 2012/829/CFSP of 21 December 2012 (OJ 22.12.2012, L 356, p.71), amending Decision 2010/413/CFSP concerning restrictive measures against Iran, and Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 (OJ 22.12.2012, L 356, p.55), implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran, in so far as the contested acts include the applicant; and,










—


Order the Council to bear the costs of the present proceedings.





Pleas in law and main arguments

The applicant submits five grounds of challenge concerning infringement of an essential procedural requirement, as well as infringement of the Treaties and of rules of law relating to their application: violation of the right of hearing, violation of the obligation to give notice, insufficient statement of reasons, violation of the right of defence, and manifest error of assessment.
The applicant finds that the Council failed to perform a hearing of the applicant and violated its obligation to give notice to the applicant. Furthermore, the Council failed to supply a sufficient statement of reasons, which failing has been compounded by the failure of the Council to reply to the applicant’s requests for access to documents and for general disclosure. By these omissions, the Council violated the right of defence of the applicant, who was denied the possibility of effectively arguing against the findings of the Council, as these findings were withheld from the applicant. Contrary to the claim of the Council, the applicant is not a ‘front company’ for National Iranian Oil Company (NIOC), and in any case the Council has not substantiated that the mere fact that the applicant was established as a subsidiary of NIOC is sufficient to thereby entail an economic benefit for the Iranian State contrary to the aim of the contested measures. Further, the Council has clearly violated the right of defence of the applicant and lastly has made manifest errors of assessment.
Prior notification of a concentration (Case COMP/M.6854 — Cameron/Schlumberger/OneSubsea)  Text with EEA relevance
Date: 2013-03-15
Institutions: European Commission
Subjects: economic concentration, extraction of oil, merger control








C_2013077EN.01002001.xml










15.3.2013   


EN


Official Journal of the European Union


C 77/20





Prior notification of a concentration
(Case COMP/M.6854 — Cameron/Schlumberger/OneSubsea)
(Text with EEA relevance)
2013/C 77/07






1.


On 8 March 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 Cameron International Corporation (‘Cameron’, United States of America) and Schlumberger Limited, also referred to as Schlumberger N.V. (‘Schlumberger’, Kingdom of The Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking OneSubsea (‘OneSubsea’, United States of America and Kingdom of the Netherlands, Luxembourg or Ireland) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for Cameron: the manufacture and supply of drilling and production systems, valves and measurement, and topside process and compression systems used by the oil, gas and process industries,










—


for Schlumberger: the manufacture and supply of oilfield products and services supplying technology, information solutions, and the provision of integrated project management for oil and gas customers,










—


for OneSubsea: the manufacture, development and supply of products, systems and services for subsea oil and gas production.














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.6854 — Cameron/Schlumberger/OneSubsea, 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’).
Decision of the EEA Joint Committee No 44/2013 of 15 March 2013 amending Annex XX (Environment) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer information, eco-label, household electrical appliance, polishing and scouring preparations, revision of an agreement, textile product




L_2013231EN.01001801.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/18








            DECISION OF THE EEA JOINT COMMITTEE
         
No 44/2013
of 15 March 2013
         
amending Annex XX (Environment) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Decision 2012/720/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Automatic Dishwasher Detergents (1) is to be incorporated into the EEA Agreement.












(2)


Commission Decision 2012/721/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Laundry Detergents (2) is to be incorporated into the EEA Agreement.












(3)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following points are inserted after point 2zf (Commission Decision 2012/481/EU) of Annex XX to the EEA Agreement:






‘2zg.



32012 D 0720: Commission Decision 2012/720/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Automatic Dishwasher Detergents (OJ L 326, 24.11.2012, p. 25).










2zh.



32012 D 0721: Commission Decision 2012/721/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Laundry Detergents (OJ L 326, 24.11.2012, p. 38).’.






Article 2
The texts of Decisions 2012/720/EU and 2012/721/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 16 March 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1), or on the day of the entry into force of Decision No 200/2012 of the EEA Joint Committee of 26 October 2012 (3), whichever is the later.


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 326, 24.11.2012, p. 25.

(2)  
            OJ L 326, 24.11.2012, p. 38.

(*1)  No constitutional requirements indicated.

(3)  
            OJ L 21, 24.1.2013, p. 50.
Prior notification of a concentration (Case COMP/M.6878 — Alior Bank/Erste Group Bank/Polbita) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-03-15
Institutions: European Commission
Subjects: cosmetics industry, economic concentration, financial services, merger control








C_2013077EN.01001901.xml










15.3.2013   


EN


Official Journal of the European Union


C 77/19





Prior notification of a concentration
(Case COMP/M.6878 — Alior Bank/Erste Group Bank/Polbita)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 77/06






1.


On 8 March 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 Alior Bank SA (‘Alior’, Poland), controlled by Carlo Tassara SpA (Italy) and Erste Group Bank AG (‘Erste’, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Polbita sp. z o.o. (‘Polbita’, Poland) by way of an acquisition of shares.










2.


The business activities of the undertakings concerned are:






—


for Alior: retailer of banking services,










—


for Erste: provider of financial services,










—


for Polbita: retailer of personal care products.














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.6878 — Alior Bank/Erste Group Bank/Polbita, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




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’).