do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6937 — UTC/TCC/TCAC JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-06-28
Institutions: European Commission
Subjects: aerospace industry, disclosure of information, economic concentration, merger control








C_2013183EN.01003201.xml










28.6.2013   


EN


Official Journal of the European Union


C 183/32





Prior notification of a concentration
(Case COMP/M.6937 — UTC/TCC/TCAC JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 183/14






1.


On 20 June 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 Carrier Asia Limited, a wholly owned subsidiary of United Technologies Corporation ('UTC', United States of America) and Toshiba Carrier Corporation ('TCC', Japan), a joint venture between UTC and Toshiba Corporation ('Toshiba', Japan), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Toshiba Carrier Air Conditioning (China) Co., Ltd. ('TCAC', China) by way of purchase of shares in this newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for UTC: provision of high-technology products and services for the building systems and aerospace industries. The undertaking is active, among others, in the design, manufacture and supply of heating, air-conditioning and refrigeration solutions,










—


for TCC: the design, manufacture and supply of air-conditioning solutions,










—


for TCAC: the design, manufacture, wholesaling, export and import, and commission brokerage of air-conditioning products in China.














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.6937 — UTC/TCC/TCAC JV, 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’).
Action brought on 28 June 2013 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-9/13)
Date: 2013-06-28
Institutions: EFTA Court
Subjects: Norway, infringement of EU law, national implementing measure, roadworthiness tests








C_2013287EN.01001301.xml










3.10.2013   


EN


Official Journal of the European Union


C 287/13





Action brought on 28 June 2013 by the EFTA Surveillance Authority against the Kingdom of Norway
(Case E-9/13)
2013/C 287/09
An action against the Kingdom of Norway was brought before the EFTA Court on 28 June 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis and Markus Schneider, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that by failing (i) to adopt, or (ii) to notify the Authority forthwith of, all the measure necessary to implement the Act referred to at point 16a of Chapter II of Annex XIII to the Agreement on the European Economic Area (Commission Directive 2010/48/EU of 5 July 2010 adapting to technical progress Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013), the Kingdom of Norway has failed to fulfil its obligations under the Act and under Article 7 of the Agreement.










2.


Order the Kingdom of Norway to bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


The EFTA Surveillance Authority submits that Norway has failed to fulfil its obligations under Article 2 of Directive 2010/48/EU and under Article 7 of the EEA Agreement by failing to adopt, or to notify the Authority of, all the measures necessary to implement the Act within the time prescribed (both except for paragraph 3 of Annex II to the Directive on roadworthiness certificates which is only to be implemented by 31 December 2013).
Case T-344/13: Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)
Date: 2013-06-28
Institutions: General Court
Subjects: EU trade mark, gift item, registered trade mark, trade-mark law








C_2013260EN.01004301.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/43





Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)
(Case T-344/13)
2013/C 260/77
Language in which the application was lodged: English

Parties


Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

Other party to the proceedings before the Board of Appeal: Frédéric Dubois et al. (Lasne, Belgium)

Form of order sought

The applicant claims that the Court should:






—


Overturn the Decision of the Second Board of Appeal of 4 April 2013, Case R 542/2012-2;










—


Order OHIM to bear its own costs as well as the costs of the applicant;










—


In the event that Mr. DUBOIS joins in these proceedings as an intervening party, order the intervening party to bear its own costs.





Pleas in law and main arguments


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

Community trade mark concerned: The word mark containing the word element ‘FUNNY BANDS’ for goods and services in classes 14, 17 and 35 — Community trade mark application No 9 350 794

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: German non-registered sign ‘FUNNY BANDS’ several goods and services and activities

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009.