do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6962 — Renova Industries/Schmolz + Bickenbach)  Text with EEA relevance
Date: 2013-11-27
Institutions: European Commission
Subjects: Europe, Russia, South Africa, United States, economic concentration, investment company, merger control, metallurgical industry








C_2013346EN.01005301.xml










27.11.2013   


EN


Official Journal of the European Union


C 346/53





Prior notification of a concentration
(Case COMP/M.6962 — Renova Industries/Schmolz + Bickenbach)
(Text with EEA relevance)
2013/C 346/06






1.


On 19 November 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 Renova Industries Ltd. (‘Renova’, Bahamas) intends to acquire, through its wholly-owned indirect subsidiary Venetos Holding AG (‘Venetos’), within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Schmolz + Bickenbach AG (‘S+B’, Switzerland) by way of a shareholders' agreement.










2.


The business activities of the undertakings concerned are:






—


for Renova: a private business group that consists of asset management companies and direct portfolio investment funds owning and managing assets in metals, mining, machine building, construction development, energy, telecommunications, nanotechnologies, utilities and the financial sector in Russia, Europe, South Africa, and the US,










—


for S+B: manufacturing, processing and distribution of special long steel products, including engineering and free cutting steel, stainless steel, and tool steel.














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.6962 — Renova Industries/Schmolz + Bickenbach, 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-204/13 P: Order of the General Court of 27 November 2013 — Marcuccio v Commission (Appeal — Civil service — Action at first instance dismissed as manifestly inadmissible — Application lodged by fax within the time-limit for brining proceedings and signed by a seal reproducing the lawyer’s signature — Original application lodged out of time — Action out of time — Appeal manifestly unfounded)
Date: 2013-11-27
Institutions: General Court
Subjects: deduction at source, disability insurance, redemption








C_2014045EN.01003302.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/33





Order of the General Court of 27 November 2013 — Marcuccio v Commission
(Case T-204/13 P) (1)

(Appeal - Civil service - Action at first instance dismissed as manifestly inadmissible - Application lodged by fax within the time-limit for brining proceedings and signed by a seal reproducing the lawyer’s signature - Original application lodged out of time - Action out of time - Appeal manifestly unfounded)
2014/C 45/56
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 28 January 2013 in Case F-95/12 Marcuccio v Commission, not published in the ECR, seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission in the appeal proceedings.






(1)  OJ C 156, 1.6.2013.
Euro exchange rates
Date: 2013-11-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2013346EN.01000101.xml










27.11.2013   


EN


Official Journal of the European Union


C 346/1





Euro exchange rates (1)

26 November 2013
2013/C 346/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3547




JPY


Japanese yen


137,34




DKK


Danish krone


7,4585




GBP


Pound sterling


0,83830




SEK


Swedish krona


8,8942




CHF


Swiss franc


1,2312




ISK


Iceland króna


 




NOK


Norwegian krone


8,2685




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,329




HUF


Hungarian forint


298,72




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7030




PLN


Polish zloty


4,1987




RON


Romanian leu


4,4448




TRY


Turkish lira


2,7280




AUD


Australian dollar


1,4861




CAD


Canadian dollar


1,4258




HKD


Hong Kong dollar


10,5022




NZD


New Zealand dollar


1,6528




SGD


Singapore dollar


1,6965




KRW


South Korean won


1 437,19




ZAR


South African rand


13,7028




CNY


Chinese yuan renminbi


8,2530




HRK


Croatian kuna


7,6455




IDR


Indonesian rupiah


15 935,30




MYR


Malaysian ringgit


4,3625




PHP


Philippine peso


59,271




RUB


Russian rouble


44,6620




THB


Thai baht


43,463




BRL


Brazilian real


3,1139




MXN


Mexican peso


17,7212




INR


Indian rupee


84,6470






(1)  Source: reference exchange rate published by the ECB.
Case T-638/13: Action brought on 27 November 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO GOLD MEDAL)
Date: 2013-11-27
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2014052EN.01003801.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/38





Action brought on 27 November 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO GOLD MEDAL)
(Case T-638/13)
2014/C 52/73
Language in which the application was lodged: English

Parties


Applicant: Bimbo, SA (Barcelona, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cafe' do Brasil SpA (Melito di Napoli, Italy)

Form of order sought

The applicant claims that the Court should:






—


Annul partially the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 25 September 2013 given in Case R 787/2012-4;










—


Order the other party, should it intervene, to bear the costs of proceedings.





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 figurative mark containing the verbal elements ‘Caffè KIMBO GOLD MEDAL’ in red, gold, white and black for goods in Classes 30, 32 and 43 — Community trade mark application No 4 037 909

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

Mark or sign cited in opposition: The Spanish trade mark registration No 291 655 for the word mark ‘BIMBO’ for goods in Class 30 and earlier well-known Spanish and Portuguese word mark ‘BIMBO’

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1), (2) and (5) CTMR
Case C-622/13 P: Appeal brought on 27 November 2013 by Castel Frères SAS against the judgment of the General Court (Sixth Chamber) delivered on 13 September 2013 in Case T-320/10: Fürstlich Castell’sches Domänenamt Albrecht Fürst zu Castell-Castell v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2013-11-27
Institutions: Court of Justice
Subjects: EU trade mark, infringement of EU law, misuse of a right, registered trade mark, trade-mark law








C_2014024EN.01001602.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/16





Appeal brought on 27 November 2013 by Castel Frères SAS against the judgment of the General Court (Sixth Chamber) delivered on 13 September 2013 in Case T-320/10: Fürstlich Castell’sches Domänenamt Albrecht Fürst zu Castell-Castell v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-622/13 P)
2014/C 24/29
Language of the case: English

Parties


Appellant: Castel Frères SAS (represented by: A. von Mühlendahl, H. Hartwig, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Fürstlich Castell’sches Domänenamt Albrecht Fürst zu Castell-Castell

Form of order sought

The appellant claims that the Court should:






—


annul the Judgment of the General Court of 13 September 2013 in Case T-320/10,










—


dismiss the application for annulment brought by Fürstlich Castell’sches Domänenamt Albrecht Fürst zu Castell-Castell against the decision of the Second Board of Appeal of OHIM of 4 May 2010 in Case R 962/2009-2,










—


order the Office and the Other Party to bear the costs of the proceedings before the General Court and this Court.





Pleas in law and main arguments

The Appellant claims that the General Court committed legal error in rejecting the Appellant's claim that the application to the General Court should have been dismissed as inadmissible because of the ‘abus de droit’ committed by the Other Party. The Appellant's claim is based on a distortion of the evidence. The claim is also based on a misinterpretation of the role of the abuse of rights in proceedings before European Union institutions. The claim is also based on a failure to give reasons for the decision because the General Court failed to give any reasons for the dismissal of the Appellant's claim.
The Appellant further claims that the General Court violated Article 7 (1) (c) CTMR (1) in that it applied erroneous legal criteria in determining that the Appellant's mark was improperly registered.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
Case T-203/13 P: Order of the General Court of 27 November 2013 — Marcuccio v Commission (Appeal — Civil service — Action at first instance dismissed as manifestly inadmissible — Application lodged by fax within the time-limit for brining proceedings and signed by a seal reproducing the lawyer’s signature — Original application lodged out of time — Action out of time — Appeal manifestly unfounded)
Date: 2013-11-27
Institutions: General Court
Subjects: deduction at source, disability insurance, redemption








C_2014045EN.01003301.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/33





Order of the General Court of 27 November 2013 — Marcuccio v Commission
(Case T-203/13 P) (1)

(Appeal - Civil service - Action at first instance dismissed as manifestly inadmissible - Application lodged by fax within the time-limit for brining proceedings and signed by a seal reproducing the lawyer’s signature - Original application lodged out of time - Action out of time - Appeal manifestly unfounded)
2014/C 45/55
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 28 January 2013 in Case F-92/12 Marcuccio v Commission, not published in the ECR, seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission in the appeal proceedings.






(1)  OJ C 156, 1.6.2013.
Case T-205/15 P: Order of the General Court of 27 November 2013 — Marcuccio v Commission (Appeal — Civil service — Action at first instance dismissed as manifestly inadmissible — Application lodged by fax within the time-limit for brining proceedings and signed by a seal reproducing the lawyer’s signature — Original application lodged out of time — Action out of time — Appeal manifestly unfounded)
Date: 2013-11-27
Institutions: General Court
Subjects: civil service, deduction at source, disability insurance, redemption








C_2014045EN.01003303.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/33





Order of the General Court of 27 November 2013 — Marcuccio v Commission
(Case T-205/15 P) (1)

(Appeal - Civil service - Action at first instance dismissed as manifestly inadmissible - Application lodged by fax within the time-limit for brining proceedings and signed by a seal reproducing the lawyer’s signature - Original application lodged out of time - Action out of time - Appeal manifestly unfounded)
2014/C 45/57
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 28 January 2013 in Case F-100/12 Marcuccio v Commission, not published in the ECR, seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission in the appeal proceedings.






(1)  OJ C 156, 1.6.2013.
Addendum to the reserve list — Open competition — EPSO/AST/123/12 — Assistants (AST 3) with Croatian citizenship
Date: 2013-11-27
Institutions: European Commission
Subjects: Croatia, EPSO, assistant, competition (EU)








CA2013346EN.01000501.xml










27.11.2013   


EN


Official Journal of the European Union


CA 346/5





ADDENDUM TO THE RESERVE LIST (1)

OPEN COMPETITION
EPSO/AST/123/12
ASSISTANTS (AST 3) WITH CROATIAN CITIZENSHIP
(2013/C 346 A/03)
Field 2 — Communication






OREL SCHWARZ


Maja




PEK


Elizabeth Katerina




SIJERCIC


Nevena




The reserve list will be valid until 7 August 2014.


(1)  A successful candidate may explicitly request his/her name not be published.
Judgment of the Court of 27 November 2013 in Case E-6/13 — Metacom AG v Rechtsanwälte Zipper & Collegen (Lawyers’ freedom to provide cross-border services — Directive 77/249/EEC — Self-representation — Notification requirement in national law — Consequences of failure to notify)
Date: 2013-11-27
Institutions: EFTA Court
Subjects: EU law - national law, Liechtenstein, freedom to provide services, frontier worker, interpretation of the law, lawyer








C_2014088EN.01001301.xml










27.3.2014   


EN


Official Journal of the European Union


C 88/13






JUDGMENT OF THE COURT

of 27 November 2013
in Case E-6/13
Metacom AG v Rechtsanwälte Zipper & Collegen
(Lawyers’ freedom to provide cross-border services — Directive 77/249/EEC — Self-representation — Notification requirement in national law — Consequences of failure to notify)
2014/C 88/10
In Case E-6/13, Metacom AG v Rechtsanwälte Zipper & Collegen — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Fürstliche Landgericht des Fürstentums Liechtenstein (Princely Court of the Principality of Liechtenstein), concerning the interpretation of Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of the freedom to provide services, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 27 November 2013, the operative part of which is as follows:






1.


A lawyer bringing proceedings in his own name in an EEA State other than the one in which he is established may rely on the freedom to provide services and Directive 77/249/EEC if he is acting in a professional capacity, and if the national legal order of the host State foresees that a lawyer may act on his own behalf in the capacity as a lawyer in legal proceedings.










2.


A national rule such as Article 59 of the Liechtenstein Lawyers Act, whereby a lawyer established in another EEA State is required, in all circumstances and on his own motion, not only to provide documentation to establish his qualifications as a lawyer, but also to notify the competent authorities of the host State prior to providing services in that State, and to renew the notification yearly, is contrary to Article 7(1) of Directive 77/249/EEC and to Article 36 EEA.










3.


Failure to comply with a national rule such as Article 59 of the Liechtenstein Lawyers Act cannot be a relevant consideration as regards the possibility of claiming legal fees relating to the cross-border provision of services by a lawyer.
Case T-483/13 R: Order of the President of the General Court of 27 November 2013 — Oikonomopoulos v Commission (Interim relief — Investigation conducted by OLAF — Action for damages — Financial and non-material damage allegedly suffered by the applicant — Application for interim measures — Inadmissibility — Lack of urgency)
Date: 2013-11-27
Institutions: General Court
Subjects: European Anti-fraud Office, damages, indemnification








C_2014024EN.01002101.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/21





Order of the President of the General Court of 27 November 2013 — Oikonomopoulos v Commission
(Case T-483/13 R)
(Interim relief - Investigation conducted by OLAF - Action for damages - Financial and non-material damage allegedly suffered by the applicant - Application for interim measures - Inadmissibility - Lack of urgency)
2014/C 24/37
Language of the case: English

Parties


Applicant: Athanassios Oikonomopoulos (Athens, Greece) (represented by: N. Korogiannakis and I. Zarzoura, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and A. Sauka, acting as Agents)

Re:

Application for interim measures lodged as part of an action for damages seeking compensation for the damage the applicant suffered in the course of his professional activities and regarding his reputation resulting from allegedly unlawful conduct of the European Anti-Fraud Office (OLAF) as part of an investigation conducted by its agents.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case T-637/13: Action brought on 27 November 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO)
Date: 2013-11-27
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2014052EN.01003703.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/37





Action brought on 27 November 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO)
(Case T-637/13)
2014/C 52/72
Language in which the application was lodged: English

Parties


Applicant: Bimbo, SA (Barcelona, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cafe' do Brasil SpA (Melito di Napoli, Italy)

Form of order sought

The applicant claims that the Court should:






—


Annul partially the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 25 September 2013 given in Case R 1434/2012-4;










—


Order the other party, should it intervene, to bear the costs of proceedings.





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 figurative mark containing the verbal elements ‘Caffè KIMBO’ in black, red, gold, white, light sky blue, dark sky blue, yellow and light green for goods in Classes 30, 32, and 43 — Community trade mark application No 4 273 884

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

Mark or sign cited in opposition: The Spanish trade mark registration No 291 655 for the word mark ‘BIMBO’ for goods in Class 30 and earlier well-known Spanish and Portuguese word mark ‘BIMBO’

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1), (2) and (5) CTMR
Reserve lists — Open competitions EPSO/AD/245-246/12 — Heads of unit (HR)
Date: 2013-11-27
Institutions: European Personnel Selection Office
Subjects: Croatia, EPSO, administrator, competition (EU), translation








CA2013346EN.01000101.xml










27.11.2013   


EN


Official Journal of the European Union


CA 346/1





RESERVE LISTS (1)

OPEN COMPETITIONS EPSO/AD/245-246/12
HEADS OF UNIT (HR)
(2013/C 346 A/01)
EPSO/AD/245/12 — Heads of unit (AD 9) having Croatian as their main language in the field of translation






BLAGOJEVIC


Marija




FILLI-TERESAK


Bruna




LUI


Laura Irena




LUJO


Natalija




MATVEJEVIC


Suzana




RICHTER


Anamarija




ROSIC


Ana




SIROVEC


Sasa




STOJKOVSKI


Ljupce




VUKOJA


Larisa




VUKOTIC-HODZIC


Sanja




ZLICAR


Daniela




ZORIC


Dijana




EPSO/AD/246/12 — Heads of unit/heads of department (AD 12) having Croatian as their main language in the field of translation






AMERL


Ivana




MLACAK


Gordana




NIKOLIC


Marijana




ZELIC POKAZ


Mirna




The reserve lists will be valid until 6 November 2016.


(1)  A successful candidate may explicitly request his/her name not be published.