do-me/EUR-LEX huggingface dataset:
Case T-460/13: Action brought on 28 August 2013 — Ranbaxy Laboratories and Ranbaxy (UK) v Commission
Date: 2013-08-28
Institutions: General Court
Subjects: fine, patent law, pharmaceutical industry








C_2013325EN.01004301.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/43





Action brought on 28 August 2013 — Ranbaxy Laboratories and Ranbaxy (UK) v Commission
(Case T-460/13)
2013/C 325/71
Language of the case: English

Parties


Applicants: Ranbaxy Laboratories Ltd (Haryana, Inde); and Ranbaxy (UK) Ltd (London, United Kingdom) (represented by: R. Vidal, A. Penny, Solicitors, and B. Kennelly, Barrister)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


Annul Article 1(4) of the Commission Decision in case COMP/39.226 — Lundbeck (citalopram) of 19 June 2013, relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement, insofar as it concerns the applicants;










—


Annul Article 2(4) of the Commission Decision in case COMP/39.226 — Lundbeck (citalopram) of 19 June 2013, insofar as it imposes fines on the applicants or, in the alternative, reduce the amount of the fine; and










—


Order the defendant to pay the applicants’ costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the defendant has erred in concluding that the Settlement Agreement entered into by the applicants qualified as an ‘object type’ infringement of Article 101(1) TFEU. As such, the applicant submits that the defendant has committed an error of law and/or assessment of the facts.










2.


Second plea in law, alleging that the defendant has erred in its determination that the parties to the Settlement Agreement were at least potential competitors. As such, the applicant submits that the defendant has committed an error of law and/or assessment of the facts.










3.


Third plea in law, alleging that the defendant has erred in its interpretation of the Settlement Agreement by concluding that it afforded greater protection than that which could have obtained through enforcement of the process patent. As such, the applicant submits that the defendant has committed an error of law and/or assessment of the facts.










4.


Fourth plea in law, alleging that the defendant has erred in its calculation of the penalty imposed on the applicants and as such the penalty is unjustified and disproportionate.
Prior notification of a concentration (Case COMP/M.7025 — Oiltanking/Macquarie/Chemoil Storage) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-08-28
Institutions: European Commission
Subjects: Singapore, economic concentration, holding company, merger control, petroleum product, storage








C_2013247EN.01000301.xml










28.8.2013   


EN


Official Journal of the European Union


C 247/3





Prior notification of a concentration
(Case COMP/M.7025 — Oiltanking/Macquarie/Chemoil Storage)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 247/03






1.


On 19 August 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 Oiltanking GmbH (‘Oiltanking’, Germany) ultimately controlled by Marquard & Bahls AG and Macquarie Financial Holdings Limited (‘Macquarie FHL’, Australia) ultimately controlled by Macquarie Group Limited acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Chemoil Storage Limited (‘Chemoil’, Marshall Islands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Oiltanking: storage services for petroleum products, vegetable oils, chemicals and other liquids and gases on a world-wide basis,










—


for Macquarie FHL: holding company for the non-banking operations of Macquarie,










—


for Chemoil: operation of a storage terminal for bulk liquid oil products through a fully owned subsidiary, relating services, such as blending and mooring in Singapore.














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.7025 — Oiltanking/Macquarie/Chemoil Storage, 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’).
Prior notification of a concentration (Case COMP/M.6924 — Refresco Group/Pride Foods)  Text with EEA relevance
Date: 2013-08-28
Institutions: European Commission
Subjects: beverage industry, economic concentration, merger control, non-alcoholic beverage








C_2013247EN.01000501.xml










28.8.2013   


EN


Official Journal of the European Union


C 247/5





Prior notification of a concentration
(Case COMP/M.6924 — Refresco Group/Pride Foods)
(Text with EEA relevance)
2013/C 247/04






1.


On 16 August 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 Refresco Group BV (‘Refresco’, Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Pride Foods Ltd (‘Pride Foods’, UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Refresco: active in the production and bottling of non-alcoholic beverages, such as fruit and vegetable juices, carbonated soft drinks, fruit drinks, sports drinks, sparkling and still mineral water, ready-to-drink teas, and energy drinks,










—


Pride Foods: active, through its soft drink holding company Gerber EMIG Group Ltd, in the production and bottling of various non-alcoholic beverages, mainly fruit juices and still drinks, flavoured water and ready-to-drink teas.














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.6924 — Refresco Group/Pride Foods, 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-466/13: Action brought on 28 August 2013 — Hermann Trollius v ECHA
Date: 2013-08-28
Institutions: General Court
Subjects: administrative formalities, powers of the institutions (EU), small business, use of languages








C_2013325EN.01004401.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/44





Action brought on 28 August 2013 — Hermann Trollius v ECHA
(Case T-466/13)
2013/C 325/72
Language of the case: English

Parties


Applicant: Hermann Trollius GmbH (Lauterhofen, Germany) (represented by: M. Ahlhaus and J. Schrotz, lawyers)

Defendant: European Chemicals Agency (ECHA)

Form of order sought

The applicant claims that the Court should:






—


Annul ECHA’s decision No SME (2013) 0191 of 31 January 2013, as well as ECHA’s invoice No 10035033 of 4 February 2013; and










—


Order the Defendant to bear all costs including the Applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging the Defendant’s lack of competence.






—


The Applicant submits that the defendant has not been competent to adopt the contested decision SME (2013) 0191, because neither Regulation (EC) 1907/2006 (1) nor Regulation (EC) 340/2008 (2) entitles the Defendant to issue a separate decision as to whether a registrant complies with the SME criteria.














2.


Second plea in law, alleging the violation of Article 104(1) of the Reach Regulation in connection with Regulation No 1 of 15 April 1958 (3).






—


The Applicant submits that in its entire communication with the Applicant, the Defendant disregarded its obligation to address a person subject to the sovereignty of a Member State in the official language of that state, and that this breach of law has prevented the Applicant from fulfilling the requirements demanded of him with regard to proving its status as a small enterprise.














3.


Third plea in law, alleging that the Applicant in fact is a small enterprise according to Commission Recommendation 2003/361/EC (4), and so the contested decisions are wrong on the substance.






(1)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Reach Regulation)

(2)  Commission Regulation (EC) No 340/2008 of 16 April 2008 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(3)  EEC Council: Regulation No 1 determining the languages to be used by the European Economic Community

(4)  Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises
Commission Regulation (EU) No 824/2013 of 28 August 2013 establishing a prohibition of fishing for cod in Norwegian waters of I and II by vessels flying the flag of Portugal
Date: 2013-08-28
Institutions: European Commission
Subjects: Norwegian Sea, Portugal, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013232EN.01000901.xml










30.8.2013   


EN


Official Journal of the European Union


L 232/9








            COMMISSION REGULATION (EU) No 824/2013
of 28 August 2013
         
establishing a prohibition of fishing for cod in Norwegian waters of I and II by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 August 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 54.




ANNEX






No


23/TQ40




Member State


Portugal




Stock


COD/1N2AB.




Species


Cod (Gadus Morhua)




Zone


Norwegian waters of I and II




Date


30.7.2013
Non-opposition to a notified concentration (Case COMP/M.6969 — Valeant Pharmaceuticals International/Bausch & Lomb Holdings)  Text with EEA relevance
Date: 2013-08-28
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2013247EN.01000101.xml










28.8.2013   


EN


Official Journal of the European Union


C 247/1





Non-opposition to a notified concentration
(Case COMP/M.6969 — Valeant Pharmaceuticals International/Bausch & Lomb Holdings)
(Text with EEA relevance)
2013/C 247/01
On 5 August 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 32013M6969. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2013-08-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2013247EN.01000201.xml










28.8.2013   


EN


Official Journal of the European Union


C 247/2





Euro exchange rates (1)

27 August 2013
2013/C 247/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3338




JPY


Japanese yen


130,07




DKK


Danish krone


7,4597




GBP


Pound sterling


0,86090




SEK


Swedish krona


8,6894




CHF


Swiss franc


1,2293




ISK


Iceland króna


 




NOK


Norwegian krone


8,0290




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,758




HUF


Hungarian forint


300,28




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7024




PLN


Polish zloty


4,2460




RON


Romanian leu


4,4435




TRY


Turkish lira


2,7082




AUD


Australian dollar


1,4877




CAD


Canadian dollar


1,4040




HKD


Hong Kong dollar


10,3458




NZD


New Zealand dollar


1,7136




SGD


Singapore dollar


1,7135




KRW


South Korean won


1 490,42




ZAR


South African rand


13,8661




CNY


Chinese yuan renminbi


8,1651




HRK


Croatian kuna


7,5565




IDR


Indonesian rupiah


15 113,86




MYR


Malaysian ringgit


4,4429




PHP


Philippine peso


59,508




RUB


Russian rouble


44,2743




THB


Thai baht


42,935




BRL


Brazilian real


3,2176




MXN


Mexican peso


17,8049




INR


Indian rupee


89,7850






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.7027 — Bregal Fund III/ISG) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-08-28
Institutions: European Commission
Subjects: boiler, economic concentration, holding company, investment company, merger control








C_2013247EN.01000601.xml










28.8.2013   


EN


Official Journal of the European Union


C 247/6





Prior notification of a concentration
(Case COMP/M.7027 — Bregal Fund III/ISG)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 247/05






1.


On 19 August 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bregal Fund III (‘Bregal’, Jersey), ultimately controlled by Avenia AG (‘Avenia’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of ISG Holdings 1 Limited (‘ISG’, UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Avenia: holding company of a group of companies operating in different sectors (retail, real estate, educational services, renewable energies and insurance) and of private equity funds,










—


for Bregal: private equity fund,










—


for ISG: the manufacture of heating boilers and radiators.














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.7027 — Bregal Fund III/ISG, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Commission Regulation (EU) No 825/2013 of 28 August 2013 establishing a prohibition of fishing for cod in areas I and IIb by vessels flying the flag of Portugal
Date: 2013-08-28
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013232EN.01001101.xml










30.8.2013   


EN


Official Journal of the European Union


L 232/11








            COMMISSION REGULATION (EU) No 825/2013
of 28 August 2013
         
establishing a prohibition of fishing for cod in areas I and IIb by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 August 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 54.




ANNEX






No


22/TQ40




Member State


Portugal




Stock


COD/1/2B.




Species


Cod (Gadus Morhua)




Zone


I and IIb




Date


30.7.2013
Information on the date of signature of the Protocol setting out the fishing opportunities and financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Gabonese Republic
Date: 2013-08-28
Institutions: Council of the European Union
Subjects: Gabon, agreement (EU), catch quota, financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing controls, fishing permit, protocol to an agreement








L_2013229EN.01000101.xml










28.8.2013   


EN


Official Journal of the European Union


L 229/1







Information on the date of signature of the Protocol setting out the fishing opportunities and financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Gabonese Republic

The European Union and the Gabonese Republic signed, on 24 July 2013 in Libreville, the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement.
The Protocol accordingly applies provisionally from 24 July 2013 pursuant to Article 14 thereof.