do-me/EUR-LEX huggingface dataset:
Joined Cases T-147/09 and T-148/09: Judgment of the General Court of 17 May 2013 — Trelleborg Industrie and Trelleborg v Commission (Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Concept of continuing or repeated infringement — Limitation period — Legal certainty — Equal treatment — Fines — Gravity and duration of the infringement)
Date: 2013-05-17
Institutions: General Court
Subjects: exchange of information, fixing of prices, market-sharing agreement, offence, piping, price agreement








C_2013189EN.01001602.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/16





Judgment of the General Court of 17 May 2013 — Trelleborg Industrie and Trelleborg v Commission
(Joined Cases T-147/09 and T-148/09) (1)

(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Concept of continuing or repeated infringement - Limitation period - Legal certainty - Equal treatment - Fines - Gravity and duration of the infringement)
2013/C 189/30
Language of the case: English

Parties


Applicants: Trelleborg Industrie SAS (Clermont-Ferrand, France) (Case T-147/09); and Trelleborg AB (Trelleborg, Sweden) (Case T-148/09) (represented by: J. Joshua, Barrister, and E. Aliende Rodríguez, lawyer)

Defendant: European Commission (represented by: N. Khan, V. Bottka and S. Noë, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision

Operative part of the judgment

The Court:






1.


Annuls Article 1(g) and (h) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as it applies to the period from 13 May 1997 to 21 June 1999;










2.


Dismisses the actions as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 153, 4.7.2009.
Non-opposition to a notified concentration (Case COMP/M.6913 — DP World/Goodman/DP World Asia)  Text with EEA relevance
Date: 2013-05-17
Institutions: European Commission
Subjects: Hong Kong, container, economic concentration, industrial property, international transport, logistics, maritime transport, merger control, real property








C_2013138EN.01000601.xml










17.5.2013   


EN


Official Journal of the European Union


C 138/6





Non-opposition to a notified concentration
(Case COMP/M.6913 — DP World/Goodman/DP World Asia)
(Text with EEA relevance)
2013/C 138/02
On 8 May 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 32013M6913. EUR-Lex is the on-line access to the European law.
Case T-154/09: Judgment of the General Court of 17 May 2013 — MRI v Commission (Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Concept of continuing or repeated infringement — Limitation period — Obligation to state reasons — Equal treatment — Legal certainty — Fines — Gravity and duration of the infringement — Extenuating circumstances — Cooperation)
Date: 2013-05-17
Institutions: General Court
Subjects: exchange of information, fixing of prices, market-sharing agreement, offence, piping, price agreement, trade information








C_2013189EN.01001701.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/17





Judgment of the General Court of 17 May 2013 — MRI v Commission
(Case T-154/09) (1)

(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Concept of continuing or repeated infringement - Limitation period - Obligation to state reasons - Equal treatment - Legal certainty - Fines - Gravity and duration of the infringement - Extenuating circumstances - Cooperation)
2013/C 189/31
Language of the case: Italian

Parties


Applicant: Manuli Rubber Industries SpA (MRI) (Milan, Italy) (represented by: L. Radicati di Brozolo, M. Pappalardo and E. Marasà, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, S. Noë and L. Prete, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicant, and, in the alternative, for annulment of or a substantial reduction in the fine imposed on it in that decision

Operative part of the judgment

The Court:






1.


Annuls Article 2(f) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses);










2.


Sets the amount of the fine imposed on MRI at EUR 4 900 000;










3.


Dismisses the action as to the remainder;










4.


Orders each party to bear its own costs.






(1)  OJ C 141, 20.6.2009.
Case T-294/11: Judgment of the General Court of 17 May 2013 — Greece v Commission (EAGGF — ‘Guarantee section’ — EAGF and EAFRD — Expenditure excluded from financing — Olive oil — Arable crops — Manifest error of assessment — Increase in the correction due to recurrence of the infringement — Effect of the reform of the CAP on the correction — Proportionality — Nature of the expenditure intended for the establishment of the Olive GIS)
Date: 2013-05-17
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF, eligibility criteria, olive oil, reform of the CAP








C_2013189EN.01001902.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/19





Judgment of the General Court of 17 May 2013 — Greece v Commission
(Case T-294/11) (1)

(EAGGF - ‘Guarantee section’ - EAGF and EAFRD - Expenditure excluded from financing - Olive oil - Arable crops - Manifest error of assessment - Increase in the correction due to recurrence of the infringement - Effect of the reform of the CAP on the correction - Proportionality - Nature of the expenditure intended for the establishment of the Olive GIS)
2013/C 189/37
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: I. Chalkias and S. Papaïoannou, Agents)

Defendant: European Commission (represented by: D. Triantafyllou and A. Markoulli, Agents)

Re:

Application for annulment of the Commission’s Implementing Decision 2011/244/EU of 15 April 2011 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2011 L 102, p. 33) so far as concerns the Hellenic Republic

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 238, 13.8.2011.
Case T-231/12: Judgment of the General Court of 17 May 2013 — Rocket Dog Brands LLC v OHIM — Julius-K9 (JULIUS K9) (Community trade mark — Opposition proceedings — Application for Community word mark JULIUS K9 — Earlier Community figurative marks K9 — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-05-17
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, trade-mark law








C_2013189EN.01002103.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/21





Judgment of the General Court of 17 May 2013 — Rocket Dog Brands LLC v OHIM — Julius-K9 (JULIUS K9)
(Case T-231/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark JULIUS K9 - Earlier Community figurative marks K9 - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 189/43
Language of the case: English

Parties


Applicant: Rocket Dog Brands LLC (Hayward, United-States) (represented by: C. Aikens, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Julius-K9 bt (Szigetszentmiklós, Hungary)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 March 2012 (Case R 1124/2011-4), relating to opposition proceedings between Rocket Dog Brands LLC and Julius-K9 bt.

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders Rocket Dog Brands LLC to pay the costs.






(1)  OJ C 227, 28.7.2012.
Case T-335/11: Judgment of the General Court of of 17 May 2013 — Bulgaria v Commission (EAGF and EAFRD — Expenditure excluded from financing — Single area payment — ‘Disadvantaged areas’ — Complementary national direct payments — Operation of the geographic information system and of the identification system for agricultural parcels — Article 31 of Regulation (EC) No 1290/2005 — Proportionality — Legal certainty — obligation to state reasons)
Date: 2013-05-17
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF, eligibility criteria, less-favoured agricultural area, plot, single payment scheme








C_2013189EN.01001903.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/19





Judgment of the General Court of of 17 May 2013 — Bulgaria v Commission
(Case T-335/11) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Single area payment - ‘Disadvantaged areas’ - Complementary national direct payments - Operation of the geographic information system and of the identification system for agricultural parcels - Article 31 of Regulation (EC) No 1290/2005 - Proportionality - Legal certainty - obligation to state reasons)
2013/C 189/38
Language of the case: Bulgarian

Parties


Applicant: Republic of Bulgaria (represented by: E. Petranova and T. Ivanov, acting as Agents)

Defendant: European Commission (represented by: P. Rossi, D. Dimov, G. Koleva and D. Stefanov, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2011/244/EU of 15 April 2001, on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2011 L 102, p. 33), as regards the Republic of Bulgaria

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders the Republic of Bulgaria to pay the costs.






(1)  OJ C 331, 12.11.2011.
Case F-47/13: Action brought on 17 May 2013 — ZZ v Council
Date: 2013-05-17
Institutions: Civil Service Tribunal
Subjects: European official, damages, indemnification, promotion








C_2013207EN.01006301.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/63





Action brought on 17 May 2013 — ZZ v Council
(Case F-47/13)
2013/C 207/110
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision not to include the applicant in the list of officials in function group AD proposed for promotion in 2012.

Form of order sought







—


Annul the decision of 20 July 2012 No 63/12 of the General Secretariat of the Council concerning the list of officials proposed for promotion during the 2012 session in which the applicant’s name did not appear and annul the decision of the Appointing Authority of 11 February 2011;










—


Order the defendant to pay damages, with default and compensatory interest at 6.75 % for the material and non-material damage suffered;










—


Order the Council to pay the costs.
Prior notification of a concentration (Case COMP/M.6939 — CVC/ISTA) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-05-17
Institutions: European Commission
Subjects: economic concentration, energy consumption, investment company, invoicing, merger control, water consumption








C_2013138EN.01003501.xml










17.5.2013   


EN


Official Journal of the European Union


C 138/35





Prior notification of a concentration
(Case COMP/M.6939 — CVC/ISTA)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 138/11






1.


On 8 May 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 (‘CVC’, Luxemburg) will acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, indirect sole control over ISTA International GmbH (Germany) as well as over the current direct shareholder of ISTA International GmbH ISTA Luxemburg GmbH (Luxembourg) (collectively ‘ISTA’) 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 ISTA: consumption based measurement and invoicing of electricity, gas, heat and water.














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.6939 — CVC/ISTA, 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’).
Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2010/656/CFSP and in Council Regulation (EC) No 560/2005 concerning restrictive measures against Côte d'Ivoire apply
Date: 2013-05-17
Institutions: Council of the European Union
Subjects: Côte d'Ivoire, arms control, economic sanctions, import restriction, international sanctions, precious stones








C_2013138EN.01001801.xml










17.5.2013   


EN


Official Journal of the European Union


C 138/18





Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2010/656/CFSP and in Council Regulation (EC) No 560/2005 concerning restrictive measures against Côte d'Ivoire apply
2013/C 138/07
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in Annex II to Decision 2010/656/CFSP (1) and Annex IA to Regulation (EC) No 560/2005 (2) concerning restrictive measures against Côte d'Ivoire.
Following a review of the lists of persons appearing in the above annexes, the Council of the European Union has decided that those persons should continue to remain subject to the restrictive measures provided for under that Council Decision and Council Regulation.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II of Regulation (EC) No 560/2005, in order to obtain an authorisation, if it is justified, to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
For the purpose of the Council's next review of the list of persons subject to restrictive measures, the persons concerned may submit a request to the Council before 31 March 2014, together with supporting documentation, that the decision to include them on the said list should be reconsidered, 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




Attention is also drawn to the possibility for each person concerned 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 285, 30.10.2010, p. 28.

(2)  OJ L 95, 14.4.2005, p. 1.
Case T-146/09: Judgment of the General Court of 17 May 2013 — Parker ITR and Parker-Hannifin v Commission (Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Legal certainty — Ceiling of 10 % — Mitigating circumstances — Cooperation)
Date: 2013-05-17
Institutions: General Court
Subjects: exchange of information, fixing of prices, market-sharing agreement, piping, price agreement








C_2013189EN.01001601.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/16





Judgment of the General Court of 17 May 2013 — Parker ITR and Parker-Hannifin v Commission
(Case T-146/09) (1)

(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Attributability of unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Legal certainty - Ceiling of 10 % - Mitigating circumstances - Cooperation)
2013/C 189/29
Language of the case: English

Parties


Applicants: Parker ITR Srl (Veniano, Italy) and Parker-Hannifin Corp. (Mayfield Heights, Ohio, United States) (represented by: B. Amory, F. Marchini Càmia, and F. Amato, lawyers)

Defendant: European Commission (represented: initially by N. Khan, V. Bottka and S. Noë, and subsequently by V. Bottka, S. Noë and R. Sauer, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision

Operative part of the judgment

The Court:






1.


Annuls Article 1(i) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as in that decision the European Commission found that Parker ITR Srl had participated in the infringement in respect of the period before 1 January 2002;










2.


Annuls Article 2(e) of Decision C(2009) 428 final;










3.


Sets the amount of the fine imposed on Parker ITR at EUR 6 400 000, of which Parker-Hannifin Corp. is jointly and severally liable for EUR 6 300 000;










4.


Dismisses the action as to the remainder;










5.


Orders the Commission to bear its own costs and to pay those incurred by Parker ITR and Parker-Hannifin.






(1)  OJ C 141, 20.6.2009.
Case T-502/11: Judgment of the General Court of 17 May 2013 — Sanofi Pasteur MSD v OHIM — Mundipharma (Representation of two devices of crossing sickles) (Community trade mark — Opposition proceedings — Application for Community figurative mark representing two devices of crossing sickles — Earlier national and international figurative marks representing two devices of ribbons — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009)
Date: 2013-05-17
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2013189EN.01002101.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/21





Judgment of the General Court of 17 May 2013 — Sanofi Pasteur MSD v OHIM — Mundipharma (Representation of two devices of crossing sickles)
(Case T-502/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark representing two devices of crossing sickles - Earlier national and international figurative marks representing two devices of ribbons - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009)
2013/C 189/41
Language of the case: German

Parties


Applicant: Sanofi Pasteur MSD SNC (Lyon, France) (represented by: T. de Haan, P. Péters and V. Wellens, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Mundipharma AG (Basel, Switzerland) (represented by: F. Nielsen, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 July 2011 (Case R 1904/2010-4), relating to opposition proceedings between Sanofi Pasteur MSD SNC and Mundipharma AG

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Sanofi Pasteur MSD SNC to pay the costs.






(1)  OJ C 340, 19.11.2011.