do-me/EUR-LEX huggingface dataset:
Case T-474/11: Order of the General Court of 12 April 2013 — Oster Weinkellerei v OHIM — Viñedos Emiliana (Igama) (Community trade mark — Annulment of the opposing trade mark — No need to adjudicate)
Date: 2013-04-12
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2013164EN.01001701.xml










8.6.2013   


EN


Official Journal of the European Union


C 164/17





Order of the General Court of 12 April 2013 — Oster Weinkellerei v OHIM — Viñedos Emiliana (Igama)
(Case T-474/11) (1)

(Community trade mark - Annulment of the opposing trade mark - No need to adjudicate)
2013/C 164/31
Language of the case: German

Parties


Applicant: Andreas Oster Weinkellerei KG (Cochem, Germany) (represented by: N. Schindler, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Viñedos Emiliana, SA (Las Condes, Santiago, Chili)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 June 2011 (Case R 637/2010-2) relating to opposition proceedings between Andreas Oster Weinkellerei KG and Viñedos Emiliana, SA.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant and OHIM shall bear their own costs.






(1)  OJ C 319, 29.10.2011.
Prior notification of a concentration (Case COMP/M.6918 — Rhône Capital/CSM Bakery Supplies) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-04-12
Institutions: European Commission
Subjects: confectionery, economic concentration, investment company, merger control








C_2013106EN.01001201.xml










12.4.2013   


EN


Official Journal of the European Union


C 106/12





Prior notification of a concentration
(Case COMP/M.6918 — Rhône Capital/CSM Bakery Supplies)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 106/10






1.


On 8 April 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 Rhône Capital LLC (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of CSM’s Bakery Supplies business (Netherlands) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


Rhône Capital LLC engages in private equity investing and has controlling interests in a number of companies active in different industries, including in the management of shipping vessels, the operation of electronic stores, the production of carbon black and in minerals mining,










—


CSM’s Bakery Supplies business develops, manufactures and supplies bakery ingredients globally.














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.6918 — Rhône Capital/CSM Bakery Supplies, 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’).
Case T-411/08: Judgment of the General Court of 12 April 2013 — Artisjus v Commission (Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, copyright, infringement of EU law, market-sharing agreement, music, proof, restriction on competition, rights of the defence








C_2013156EN.01002802.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/28





Judgment of the General Court of 12 April 2013 — Artisjus v Commission
(Case T-411/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)
2013/C 156/48
Language of the case: English

Parties


Applicant: Artisjus Magyar Szerzői Jogvédő Iroda Egyesület (Budapest, Hungary) (represented by: Z. Hegymegi-Barakonyi, P. Vörös and M. Horányi, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and V. Bottka, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:






1.


Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Artisjus Magyar Szerzői Jogvédő Iroda Egyesület;










2.


Annuls Article 4(2) and (3) of that decision, to the extent that they refer to Article 3 of that decision, in so far as they concern Artisjus;










3.


Orders the European Commission to pay the costs relating to the main proceedings;










4.


Orders Artisjus and the Commission to each bear their own costs relating to the interim relief proceedings.






(1)  OJ C 301, 22.11.2008.
Case T-413/08: Judgment of the General Court of 12 April 2013 — SOZA v Commission (Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, copyright, infringement of EU law, market-sharing agreement, music, proof, restriction on competition, rights of the defence








C_2013156EN.01002901.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/29





Judgment of the General Court of 12 April 2013 — SOZA v Commission
(Case T-413/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)
2013/C 156/49
Language of the case: English

Parties


Applicant: Slovenský ochranný Zväz Autorský pre práva k hudobným dielam (SOZA) (Bratislava, Slovakia) (represented by: M. Favart, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre and A. Biolan, acting as Agents)

Intervener in support of the applicant: International Confederation of Societies of Authors and Composers (CISAC) (Neuilly-sur-Seine, France) (represented by: J.-F. Bellis and K. Van Hove, lawyers)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:






1.


Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Slovenský ochranný Zväz Autorský pre práva k hudobným dielam (SOZA);










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 301, 22.11.2008.
Non-opposition to a notified concentration (Case COMP/M.6869 — GM/Ispol)  Text with EEA relevance
Date: 2013-04-12
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry, software, vehicle parts








C_2013106EN.01000202.xml










12.4.2013   


EN


Official Journal of the European Union


C 106/2





Non-opposition to a notified concentration
(Case COMP/M.6869 — GM/Ispol)
(Text with EEA relevance)
2013/C 106/03
On 3 April 2013, 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 32013M6869. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6884 — Access Industires, INC./PLG)  Text with EEA relevance
Date: 2013-04-12
Institutions: European Commission
Subjects: chemical product, economic concentration, merger control, natural resources, real property, telecommunications








C_2013106EN.01001101.xml










12.4.2013   


EN


Official Journal of the European Union


C 106/11





Prior notification of a concentration
(Case COMP/M.6884 — Access Industires, INC./PLG)
(Text with EEA relevance)
2013/C 106/09






1.


On 5 April 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 Warner Music Group Corp. (US) (‘WMG’) controlled by Access Industries, Inc. (US) (‘Access’) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings PLG Holdco Limited (UK), EMI Music Belgium BVBA, EMI Czech Republic sro, EMI Music Denmark AS, EMI Group Norway AS, EMI Music Poland sp. z o.o., EMI Group Portugal SGPS Lda, EMI Music Spain SL, EMI Music Sweden AB and EMI Music France SAS (together referred to as ‘Parlophone Label Group’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Access: natural resources and chemicals, telecommunications and media and real estate sectors,










—


for WMG: recorded music, music publishing, including the marketing and sale of recorded music and the licensing of music publishing rights; and,










—


for the Parlophone Label Group: recorded music and very limited other activities in the music sector.














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.6884 — Access Industires, INC./PLG, 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’).
Case T-433/08: Judgment of the General Court of 12 April 2013 — SIAE v Commission (Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, cable distribution, control of restrictive practices, copyright, holding company, music, proof, rights of the defence, satellite communications








C_2013156EN.01003601.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/36





Judgment of the General Court of 12 April 2013 — SIAE v Commission
(Case T-433/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)
2013/C 156/62
Language of the case: Italian

Parties


Applicant: Società italiana degli autori ed editori (SIAE) (Rome, Italy) (represented by: M. Siragusa, L. Vullo and S. Valentino, lawyers)

Defendant: European Commission (represented by: V. Di Bucci and F. Castillo de la Torre, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:






1.


Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Società italiana degli autori ed editori (SIAE);










2.


Annuls Article 4(2) of Commission Decision C(2008) 3435 final as regards SIAE;










3.


Dismisses the remainder of the action;










4.


Orders the European Commission to pay the costs relating to the main proceedings;










5.


Orders SIAE and the Commission to each bear their own costs relating to the interim relief proceedings.






(1)  OJ C 301, 22.11.2008.
Case T-401/08: Judgment of the General Court of 12 April 2013 — Säveltäjäin Tekijänoikeustoimisto Teosto v Commission (Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence)
Date: 2013-04-12
Institutions: General Court
Subjects: Internet, bilateral agreement, copyright, infringement of EU law, market-sharing agreement, music, proof, restriction on competition, rights of the defence








C_2013156EN.01002702.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/27





Judgment of the General Court of 12 April 2013 — Säveltäjäin Tekijänoikeustoimisto Teosto v Commission
(Case T-401/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)
2013/C 156/46
Language of the case: Finnish

Parties


Applicant: Säveltäjäin Tekijänoikeustoimisto Teosto ry (Helsinki, Finland) (represented by: H. Pokela, lawyer)

Defendant: European Commission (represented initially by E. Paasivirta, F. Castillo de la Torre and P. Aalto, and subsequently by E. Paasivirta and F. Castillo de la Torre, acting as Agents)

Re:

Application for annulment of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:






1.


Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Säveltäjäin Tekijänoikeustoimisto Teosto ry;










2.


Annuls Article 4 of Commission Decision C(2008) 3435 final, to the extent that it refers to Article 3 of that decision, in so far as it concerns Säveltäjäin Tekijänoikeustoimisto Teosto;










3.


Dismisses the remainder of the action;










4.


Orders the European Commission to bear its own costs and pay one half of Säveltäjäin Tekijänoikeustoimisto Teosto’s costs;










5.


Orders Säveltäjäin Tekijänoikeustoimisto Teosto to bear one half of its own costs;










6.


Orders Säveltäjäin Tekijänoikeustoimisto Teosto and the Commission to each bear their own costs relating to the interim relief proceedings.






(1)  OJ C 313, 6.12.2008.
Case C-184/13: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 12 April 2013 — Anonima Petroli Italiana SpA (API) v Ministero delle Infrastrutture e dei Trasporti, Ministero dello Sviluppo Economico
Date: 2013-04-12
Institutions: Court of Justice
Subjects: Italy, free competition, freedom to provide services, interpretation of the law, right of establishment, road safety, road transport








C_2013207EN.01000602.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/6





Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 12 April 2013 — Anonima Petroli Italiana SpA (API) v Ministero delle Infrastrutture e dei Trasporti, Ministero dello Sviluppo Economico
(Case C-184/13)
2013/C 207/09
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings


Applicant: Anonima Petroli Italiana SpA (API)

Defendants: Ministero delle Infrastrutture e dei Trasporti, Ministero dello Sviluppo Economico

Questions referred







1.


Is the protection of freedom of competition, free movement of undertakings, freedom of establishment and freedom to provide services (under Article 4(3) TEU, Article 101 TFEU, and Articles 49, 56 and 96 TFEU) compatible — and, if so, to what extent — with statutory provisions adopted by EU Member States which lay down minimum operating costs for the road haulage sector which involve the fixing by bodies external [to the contracting parties] of a component of the charge for the service concerned and, accordingly, of the contract price?










2.


Are such limitations of those principles justifiable — and, if so, under what conditions — in the light of the need to safeguard the public interest in road traffic safety and, in terms of that functional consideration, is there a proper place for the fixing of minimum operating costs as provided for under Article 83a of Legislative Decree No 112/2008 (as subsequently amended and supplemented)?










3.


Can the determination of minimum operating costs, to the above end, be left — in the absence of criteria predetermined by the legislation — to voluntary agreements between the types of trader concerned, failing which to bodies whose composition is characterised by the strong presence of persons representing private traders in that sector?
Case C-188/13: Action brought on 12 April 2013 — European Commission v Republic of Slovenia
Date: 2013-04-12
Institutions: Court of Justice
Subjects: Slovenia, infringement of EU law, national implementing measure, rail transport








C_2013156EN.01002502.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/25





Action brought on 12 April 2013 — European Commission v Republic of Slovenia
(Case C-188/13)
2013/C 156/41
Language of the case: Slovenian

Parties


Applicant: European Commission (represented by: B. Rous and J. Hottiaux)

Defendant: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:






—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Commission Directive 2011/18/EU of 1 March 2011 (1) amending Annexes II, V and VI to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community, or in any event to communicate them to the Commission, the Republic of Slovenia has failed to fulfil its obligations under Article 2 of that directive;










—


order the Republic of Slovenia to pay the costs.





Pleas in law and main arguments

The period for transposition of the directive expired on 31 December 2011.


(1)  OJ 2011 L 57, p. 21.