do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6876 — Sumitomo Electric Industries/Anvis Group)  Text with EEA relevance
Date: 2013-06-18
Institutions: European Commission
Subjects: economic concentration, electrical equipment, merger control, motor vehicle industry, telecommunications equipment








C_2013172EN.01000101.xml










18.6.2013   


EN


Official Journal of the European Union


C 172/1





Non-opposition to a notified concentration
(Case COMP/M.6876 — Sumitomo Electric Industries/Anvis Group)
(Text with EEA relevance)
2013/C 172/01
On 24 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 32013M6876. EUR-Lex is the on-line access to the European law.
Case T-522/11: Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA) (Community trade mark — Opposition proceedings — Application for the Community word mark APLI-AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-06-18
Institutions: General Court
Subjects: EU trade mark, office supplies, registered trade mark, trade-mark law








C_2013225EN.01007301.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/73





Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA)
(Case T-522/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark APLI-AGIPA - Earlier national word mark AGIPA - Relative ground for refusal - Likelihood of confusion - Comparison of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/160
Language of the case: Spanish

Parties


Applicant: José Luis Otero González (Barcelona, Spain) (represented by: S. Correa, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Apli-Agipa SAS (Dormans, France) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 July 2011 (Case R 1454/2010-2), relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 July 2011 (Case R 1454/2010-2) relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS in so far as it upholds Apli-Agipa’s appeal and grants it registration of the Community word mark AGIPA in respect of the ‘photographs; adhesives for stationery or household purposes; paint brushes; office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks’ in Class 16 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended;










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to bear its own costs and to pay those incurred by Mr Otero González;










4.


Orders Apli-Agipa to bear its own costs.






(1)  OJ C 13, 14.1.2012.
Information communicated by Member States regarding closure of fisheries
Date: 2013-06-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013172EN.01000501.xml










18.6.2013   


EN


Official Journal of the European Union


C 172/5





Information communicated by Member States regarding closure of fisheries
2013/C 172/08
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


1.6.2013




Duration


1.6.2013-31.12.2013




Member State


Spain




Stock or group of stocks


HAD/7X7A34




Species


Haddock (Melanogrammus aeglefinus)




Zone


VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


07/TQ39






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2013-06-18
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Sweden, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013172EN.01000301.xml










18.6.2013   


EN


Official Journal of the European Union


C 172/3





Information communicated by Member States regarding closure of fisheries
2013/C 172/04
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


27.5.2013




Duration


27.5.2013-31.12.2013




Member State


Sweden




Stock or group of stocks


COD/03AS




Species


Cod (Gadus Morhua)




Zone


Kattegat




Type(s) of fishing vessels


—




Reference number


FS04TQ39






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2013-06-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013172EN.01000402.xml










18.6.2013   


EN


Official Journal of the European Union


C 172/4





Information communicated by Member States regarding closure of fisheries
2013/C 172/07
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


1.6.2013




Duration


1.6.2013-31.12.2013




Member State


Spain




Stock or group of stocks


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of V, VI and VII




Type(s) of fishing vessels


—




Reference number


06/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Case F-114/11: Order of the Civil Service Tribunal (Single Judge) of 18 June 2013 — Rodrigues Regalo Corrêa v Parliament (Civil Service — Remuneration — Family allowances — Education allowance — Conditions for grant — Deduction of an allowance of the same type received from another source — Action manifestly unfounded)
Date: 2013-06-18
Institutions: Civil Service Tribunal
Subjects: State aid, education grant, family benefit, higher education, tax relief








C_2013252EN.01004902.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/49





Order of the Civil Service Tribunal (Single Judge) of 18 June 2013 — Rodrigues Regalo Corrêa v Parliament
(Case F-114/11) (1)

(Civil Service - Remuneration - Family allowances - Education allowance - Conditions for grant - Deduction of an allowance of the same type received from another source - Action manifestly unfounded)
2013/C 252/88
Language of the case: French

Parties


Applicant: João Manuel Rodrigues Regalo Corrêa (Kehlen, Luxembourg) (represented by: A. Salerno, lawyer)

Defendant: European Parliament (represented by: M. Ecker and V. Montebello-Bemogeot, acting as Agents)

Re:

Civil Service — Action for annulment of the decision of the Parliament to consider certain financial aid from a Member State to students in higher education to be allowances of the same nature as family allowances and to deduct that financial aid from the education allowance granted to the applicant and annulment of the decision to seek repayment of sums unduly paid.

Operative part of the order







1.


The action brought by Mr Rodrigues Regalo Corrêa is dismissed as manifestly unfounded in law.










2.


Mr Rodrigues Regalo Corrêa shall bear his own costs and shall pay the costs incurred by the European Parliament.






(1)  OJ C 6, 7.1.2012, p. 28.
Case T-645/11 P: Judgment of the General Court of 18 June 2013 — Heath v ECB (Appeal — Civil Service Tribunal — Employees of the ECB — Pensions — Annual increase — Rate of increase for 2010 — Retroactivity — Right to collective bargaining)
Date: 2013-06-18
Institutions: General Court
Subjects: European civil service, collective bargaining, pension scheme








C_2013225EN.01007403.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/74





Judgment of the General Court of 18 June 2013 — Heath v ECB
(Case T-645/11 P) (1)

(Appeal - Civil Service Tribunal - Employees of the ECB - Pensions - Annual increase - Rate of increase for 2010 - Retroactivity - Right to collective bargaining)
2013/C 225/165
Language of the case: French

Parties


Appellant: Micheal Heath (Southampton, United Kingdom) (represented by: L. Levi and M. Vandenbussche, lawyers)

Other party to the proceedings: European Central Bank (ECB) (represented: initially by P. Embley and E. Carlini, subsequently by E. Carlini and M. Lópex Torres, Agents, assisted by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) in Case F-121/10 Heath v BCE, judgment of 29 September 2011, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Michael Heath to bear his own costs and to pay those incurred by the European Central Bank (ECB) in the present proceedings.






(1)  OJ C 65, 3.3.2012.
Case F-115/10: Order of the Civil Service Tribunal (Single Judge) of 18 June 2013 — Biwer and Others v Commission (Civil Service — Remuneration — Family allowances — Education allowance — Conditions for grant — Deduction of an allowance of the same type received from another source — Action manifestly unfounded)
Date: 2013-06-18
Institutions: Civil Service Tribunal
Subjects: State aid, economic aid, education grant, family benefit, higher education, terms for aid








C_2013252EN.01004702.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/47





Order of the Civil Service Tribunal (Single Judge) of 18 June 2013 — Biwer and Others v Commission
(Case F-115/10) (1)

(Civil Service - Remuneration - Family allowances - Education allowance - Conditions for grant - Deduction of an allowance of the same type received from another source - Action manifestly unfounded)
2013/C 252/82
Language of the case: French

Parties


Applicants: Jacques Biwer and Others (Bascharage, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents)

Re:

Civil Service — Action for annulment of the Commission decision to consider certain financial assistance from a Member State to students in higher education to be an allowance of the same nature as family allowances and to deduct this financial assistance from the education allowance granted to officials who are parents of those students.

Operative part of the order







1.


The action of Mr Biwer and the other five applicants whose names appear in the annex is dismissed as manifestly unfounded in law.










2.


Mr Biwer and the other five applicants whose names appear in the annex shall bear their own costs and shall pay the costs incurred by the European Commission.






(1)  OJ C 30, 29.1.2011, p. 66.
Case T-219/11: Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (AGIPA) (Community trade mark — Opposition proceedings — Application for the Community word mark AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-06-18
Institutions: General Court
Subjects: EU trade mark, office supplies, registered trade mark, trade-mark law








C_2013225EN.01006902.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/69





Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (AGIPA)
(Case T-219/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark AGIPA - Earlier national word mark AGIPA - Relative ground for refusal - Likelihood of confusion - Comparison of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/153
Language of the case: Spanish

Parties


Applicant: José Luis Otero González (Barcelona, Spain) (represented by: S. Correa, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Apli-Agipa SAS (Dormans, France) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 January 2011 (Case R 556/2010-2), relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 January 2011 (Case R 556/2010-2) relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS in so far as it dismisses Mr Otero González’s appeal and grants Apli-Agipa registration of the Community word mark AGIPA in respect of the ‘photographs; adhesives for stationery or household purposes; paint brushes; office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks’ in Class 16 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended;










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to bear its own costs and to pay those incurred by Mr Otero González;










4.


Orders Apli-Agipa to bear its own costs.






(1)  OJ C 194, 2.7.2011.
Amendment of the Rules of Procedure of the Court of Justice
Date: 2013-06-18
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, Croatia, official language, rules of procedure




L_2013173EN.01006501.xml










26.6.2013   


EN


Official Journal of the European Union


L 173/65








            AMENDMENT OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE
         


THE COURT OF JUSTICE

Having regard to the Treaty on the Functioning of the European Union, and in particular the sixth paragraph of Article 253 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,


Having regard to the second paragraph of Article 64 of the Protocol on the Statute of the Court of Justice of the European Union,


Whereas, on the accession of the Republic of Croatia, Croatian becomes an official language of the European Union and should be added to the list of languages of a case set out in the Rules of Procedure,


With the approval of the Council given on 7 June 2013,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:



Article 1
Article 36 of the Rules of Procedure of the Court of Justice of 25 September 2012
                (1) shall be replaced by the following:

‘Article 36
The language of a case shall be Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish or Swedish.’



Article 2

1.   This amendment to the Rules of Procedure shall be published in the Official Journal of the European Union. It shall enter into force at the same time as the Treaty concerning the accession of the Republic of Croatia to the European Union.


2.   The text of the Rules of Procedure in Croatian shall be adopted after the entry into force of the Treaty referred to in the preceding paragraph.





Done at Luxembourg, 18 June 2013.


                
            





(1)  
            OJ L 265, 29.9.2012, p. 1.
Case T-406/08: Judgment of the General Court of 18 June 2013 — ICF v Commission (Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing and market-sharing — Evidence of the infringement — Rights of defence — Consistency between the statement of objections and the contested decision — Fines — 2006 Guidelines on fines — Euro-Mediterranean Agreement)
Date: 2013-06-18
Institutions: General Court
Subjects: aluminium, fine, fixing of prices, market-sharing agreement, restriction on competition








C_2013225EN.01006102.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/61





Judgment of the General Court of 18 June 2013 — ICF v Commission
(Case T-406/08) (1)

(Competition - Agreements, decisions and concerted practices - World market in aluminium fluoride - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing and market-sharing - Evidence of the infringement - Rights of defence - Consistency between the statement of objections and the contested decision - Fines - 2006 Guidelines on fines - Euro-Mediterranean Agreement)
2013/C 225/136
Language of the case: French

Parties


Applicant: Industries chimiques du fluor (ICF) (Tunis, Tunisia) (represented: initially by M. van der Woude and T. Hennen and subsequently by P. Wytinck and D. Gillet, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier, K. Mojzesowicz and N. von Lingen, Agents)

Re:

Application for the annulment of Commission Decision C(2008) 3043 of 25 June 2008 relating to a proceeding under Article 81[EC] and Article 53 of the EEA Agreement (COMP/39.180 — Aluminium fluoride), concerning a worldwide price-fixing and market-sharing cartel on the world aluminium fluoride market and, in the alternative, reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Industries chimiques du fluor to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 44, 21.2.2009.
Euro exchange rates
Date: 2013-06-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2013172EN.01000201.xml










18.6.2013   


EN


Official Journal of the European Union


C 172/2





Euro exchange rates (1)

17 June 2013
2013/C 172/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3337




JPY


Japanese yen


126,36




DKK


Danish krone


7,4586




GBP


Pound sterling


0,84755




SEK


Swedish krona


8,6122




CHF


Swiss franc


1,2308




ISK


Iceland króna


 




NOK


Norwegian krone


7,6345




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,724




HUF


Hungarian forint


290,60




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7017




PLN


Polish zloty


4,2296




RON


Romanian leu


4,4508




TRY


Turkish lira


2,4906




AUD


Australian dollar


1,3876




CAD


Canadian dollar


1,3548




HKD


Hong Kong dollar


10,3491




NZD


New Zealand dollar


1,6519




SGD


Singapore dollar


1,6721




KRW


South Korean won


1 503,01




ZAR


South African rand


13,1706




CNY


Chinese yuan renminbi


8,1688




HRK


Croatian kuna


7,4680




IDR


Indonesian rupiah


13 185,80




MYR


Malaysian ringgit


4,1759




PHP


Philippine peso


57,233




RUB


Russian rouble


42,2375




THB


Thai baht


40,905




BRL


Brazilian real


2,8656




MXN


Mexican peso


16,9070




INR


Indian rupee


77,2280






(1)  Source: reference exchange rate published by the ECB.
Case T-326/13: Action brought on 18 June 2013 — Commission v Thales développement et coopération
Date: 2013-06-18
Institutions: General Court
Subjects: European Anti-fraud Office, redemption, research








C_2013298EN.01000702.xml










12.10.2013   


EN


Official Journal of the European Union


C 298/7





Action brought on 18 June 2013 — Commission v Thales développement et coopération
(Case T-326/13)
2013/C 298/12
Language of the case: French

Parties


Applicant: European Commission (represented by: R. Lyal and B. Conte, acting as Agents, and by N. Coutrelis, lawyer)

Defendant: Thales développement et coopération SAS (Vélizy-Villacoublay, France)

Form of order sought

The applicant claims that the General Court should:






—


order Thales to repay to the European Commission all the sums received under the NEMECEL and DREAMCAR contracts, namely, in relation to the NEMECEL contract, the principal sum of EUR 700 335,66 plus interest outstanding and, in relation to the DREAMCAR contract, the principal sum of EUR 812 821,43 plus interest outstanding;










—


order Thales to pay all the costs.





Pleas in law and main arguments

Following an investigation by the European Anti-Fraud Office (OLAF), the Commission is seeking, by the action brought under Article 272 TFEU, an order from the Court that the defendant repay all of the sums received by the defendant’s former subsidiary, SRTI (SRTI System, Industrial Process Department), a company that became first, SODETEG (Société d’Études Techniques et d’Entreprises Générales SA) then THALESEC (Thales Engineering and Consulting), in connection with two research contracts known as ‘NEMECEL’ and ‘DREAMCAR’.
The Commission claims that the sums at issue were wrongly paid, following serious financial irregularities, non-compliance with contractual obligations and breaches of fundamental rules of law. The defendant’s subsidiary inter alia declared excessive costs by over-billing for hours not worked.