do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.7070 — Gestamp Eolica/Banco Santander/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-27
Institutions: European Commission
Subjects: bank, economic concentration, merger control, wind energy








C_2013346EN.01005201.xml










27.11.2013   


EN


Official Journal of the European Union


C 346/52





Prior notification of a concentration
(Case COMP/M.7070 — Gestamp Eolica/Banco Santander/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 346/05






1.


On 18 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 undertakings Gestamp Eolica S.L. (Spain) controlled by Corporación Gestamp, S.L. (Spain), and Banco Santander SA (Spain) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created joint venture (‘JV’, Spain) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Gestamp Eolica: development, financing, construction and management of wind technology energy facilities worldwide,










—


for Banco Santander: holding company of an international group of banking and finance companies operating worldwide,










—


for JV: operation of wind technology energy projects in Europe.














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.7070 — Gestamp Eolica/Banco Santander/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’).
Case C-614/13 P: Appeal brought on 27 November 2013 by Masco Corp., Hansgrohe AG, Hansgrohe Deutschland Vertriebs GmbH, Hansgrohe Handelsgesellschaft mbH, Hansgrohe SA/NV, Hansgrohe BV, Hansgrohe SARL, Hansgrohe Srl, Hüppe GmbH, Hüppe GmbH, Hüppe Belgium SA (NV), Hüppe BV against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Case T-378/10: Masco Corp. and Others v European Commission
Date: 2013-11-27
Institutions: Court of Justice
Subjects: equal treatment, exchange of information, fine, infringement of EU law, plumbing equipment, price increase, principle of proportionality, retroactivity of a law, rights of the defence, trade information








C_2014024EN.01001401.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/14





Appeal brought on 27 November 2013 by Masco Corp., Hansgrohe AG, Hansgrohe Deutschland Vertriebs GmbH, Hansgrohe Handelsgesellschaft mbH, Hansgrohe SA/NV, Hansgrohe BV, Hansgrohe SARL, Hansgrohe Srl, Hüppe GmbH, Hüppe GmbH, Hüppe Belgium SA (NV), Hüppe BV against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Case T-378/10: Masco Corp. and Others v European Commission
(Case C-614/13 P)
2014/C 24/26
Language of the case: English

Parties


Appellants: Masco Corp., Hansgrohe AG, Hansgrohe Deutschland Vertriebs GmbH, Hansgrohe Handelsgesellschaft mbH, Hansgrohe SA/NV, Hansgrohe BV, Hansgrohe SARL, Hansgrohe Srl, Hüppe GmbH, Hüppe GmbH, Hüppe Belgium SA (NV), Hüppe BV (represented by: D. Schroeder, Rechtsanwalt, S. Heinz, Rechtsanwältin, J. Temple Lang, Solicitor)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:






—


set aside the General Court’s judgment in Case T-378/10 insofar as it dismisses their request to annul Article 1 of the Commission’s decision of 23 June 2010 in Case COMP/39.092 — Bathroom Fittings and Fixtures insofar as it finds that the Appellants have participated in a continuing agreement or concerted practice ‘in the bathroom fittings and fixtures sector’;










—


annul the Commission’s decision of 23 June 2010 in Case COMP/39.092 — Bathroom Fittings and Fixtures insofar as it finds that the Appellants have participated in a continuing agreement or concerted practice ‘in the bathroom fittings and fixtures sector’;










—


order the Commission to pay the Appellants’ legal and other costs and expenses in relation to this matter; and










—


take any other measures that this Court considers appropriate.





Pleas in law and main arguments

The Appeal contains two pleas.
According to the first plea, the General Court erred in law by manifestly distorting the evidence and by misapplying the legal test for finding that the Appellants participated in a single, complex infringement covering ceramics products.
According to the second plea, the General Court erred in law by failing to state adequate reasons for its finding.
Case T-623/13: Action brought on 27 November 2013 — Unión de Almacenistas de Hierros de España v Commission
Date: 2013-11-27
Institutions: General Court
Subjects: Spain, access to EU information, competition, disciplinary proceedings, exchange of information








C_2014024EN.01003701.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/37





Action brought on 27 November 2013 — Unión de Almacenistas de Hierros de España v Commission
(Case T-623/13)
2014/C 24/69
Language of the case: Spanish

Parties


Applicant: Unión de Almacenistas de Hierros de España (Madrid, Spain) (represented by: A. Creus Carreras and A. Valiente Martín, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s decision of 18 September 2013;










—


order the Commission to pay the costs of the present proceedings; and










—


in addition, as a measure of organisation of procedure, order the Commission to submit to the Court the documents to which it has denied access, so that the Court may examine them and ascertain whether the submissions made in the application are correct.





Pleas in law and main arguments

In the present proceedings, the applicant seeks annulment of the express rejection of its request for access to certain documents. The implied rejection of that request is the subject-matter of Case T-419/13 Unión de Almacenistas de Hierros de España v Commission.
The pleas in law and main arguments are similar to those put forward in that case.
Case T-242/13: Order of the General Court of 27 November 2013 — Castell Macía v OHIM — PJ Hungary (PEPE CASTELL) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
Date: 2013-11-27
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, trade-mark law








C_2014045EN.01003401.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/34





Order of the General Court of 27 November 2013 — Castell Macía v OHIM — PJ Hungary (PEPE CASTELL)
(Case T-242/13) (1)

(Community trade mark - Opposition - Withdrawal of opposition - No need to adjudicate)
2014/C 45/58
Language of the case: Spanish

Parties


Applicant: José Castell Macía (Elche, Spain) (represented by: G. Marín Raigal, P. López Ronda, G. Macias Bonilla and H. Mosback, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: PJ Hungary Szolgáltató kft (PJ Hungary kft) (Budapest, Hungary)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 February 2013 (Case R 1401/2012-1), relating to opposition proceedings between PJ Hungary Szolgáltató kft (PJ Hungary kft) and M. José Castell Macía.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant is ordered to pay the costs.






(1)  OJ C 207, 20.7.2013.
Case T-23/12: Order of the General Court of 27 November 2013 — MAF v EIOPA (Action for annulment — Languages — Publication by the EIOPA of consultative documents on its internet site exclusively in English — Non-actionable measures — Inadmissibility)
Date: 2013-11-27
Institutions: General Court
Subjects: Translation Centre for the Bodies of the European Union, infringement of EU law, official language, public consultation








C_2014045EN.01003101.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/31





Order of the General Court of 27 November 2013 — MAF v EIOPA
(Case T-23/12) (1)

(Action for annulment - Languages - Publication by the EIOPA of consultative documents on its internet site exclusively in English - Non-actionable measures - Inadmissibility)
2014/C 45/50
Language of the case: French

Parties


Applicant: Mutuelle des architectes français assurances (MAF) (Paris, France) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Insurance and Occupational Pensions Authority (EIOPA) (represented by: J. Stuyck and A.-M. Vandromme, lawyers)

Re:

Application for annulment, first, of an alleged decision of the EIOPA to publish information on its internet site exclusively in English and, specifically, to launch public consultations exclusively in that language and, secondly, of the alleged decision of the Executive Director of the EIOPA, of 16 January 2012, rejecting the MAF’s request for the withdrawal of the first alleged decision and the publication of the abovementioned consultations and all information on the EIOPA’s internet site in all the official languages of the European Union.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


The Mutuelle des architectes français assurances (MAF) is ordered to pay the costs.






(1)  OJ C 98, 31.3.2012.
Prior notification of a concentration (Case COMP/M.7089 — Ackermans & Van Haaren/Aannemingsmaatschappij CFE) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-27
Institutions: European Commission
Subjects: building industry, economic concentration, energy industry, information technology, investment company, merger control








C_2013346EN.01005001.xml










27.11.2013   


EN


Official Journal of the European Union


C 346/50





Prior notification of a concentration
(Case COMP/M.7089 — Ackermans & Van Haaren/Aannemingsmaatschappij CFE)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 346/04






1.


On 18 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 Ackermans & van Haaren NV (‘AvH’, Belgium) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Aannemingsmaatschappij CFE NV (‘CFE’, Belgium) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


AvH is a publicly listed, diversified holding company with activities in dredging and marine engineering, construction, private banking, real estate, leisure and senior care, energy and resources, ICT and engineering, retail and distribution, media and printing, and investment funds,










—


CFE is a publicly listed, multidisciplinary group active in public private partnership concessions, construction, real estate, dredging and marine engineering, rail and road infrastructure, tertiary electricity, heating, ventilation, air-conditioning, sanitary facilities (‘HVAC’), electricity and HVAC maintenance, and smoke treatment.














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.7089 — Ackermans & Van Haaren/Aannemingsmaatschappij CFE, 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’).
Commission Regulation (EU) No 1219/2013 of 27 November 2013 establishing a prohibition of fishing for herring in EU and Norwegian waters of IV north of 53° 30′ N by vessels flying the flag of France
Date: 2013-11-27
Institutions: European Commission
Subjects: EU waters, France, North Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013320EN.01001001.xml










30.11.2013   


EN


Official Journal of the European Union


L 320/10








            COMMISSION REGULATION (EU) No 1219/2013
of 27 November 2013
         
establishing a prohibition of fishing for herring in EU and Norwegian waters of IV north of 53° 30′ N by vessels flying the flag of France


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, 27 November 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


63/TQ40




Member State


France




Stock


HER/4AB.




Species


Herring (Clupea Harengus)




Zone


EU and Norwegian waters of IV north of 53° 30′ N




Date


24.10.2013
Commission Regulation (EU) No 1218/2013 of 27 November 2013 establishing a prohibition of fishing for herring in IV, VIId and in EU waters of IIa by vessels flying the flag of the Netherlands
Date: 2013-11-27
Institutions: European Commission
Subjects: EU waters, English Channel, Netherlands, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013320EN.01000801.xml










30.11.2013   


EN


Official Journal of the European Union


L 320/8








            COMMISSION REGULATION (EU) No 1218/2013
of 27 November 2013
         
establishing a prohibition of fishing for herring in IV, VIId and in EU waters of IIa by vessels flying the flag of the Netherlands


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, 27 November 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


65/TQ40




Member State


The Netherlands




Stock


HER/2A47DX




Species


Herring (Clupea harengus)




Zone


IV, VIId and in EU waters of IIa




Date


29.10.2013
Case T-179/12: Order of the General Court of 27 November 2013 — Wirtgen v OHIM (Shape of a chisel holder) (Community trade mark — Refusal of registration — Withdrawal of the application for registration — No need to adjudicate)
Date: 2013-11-27
Institutions: General Court
Subjects: EU trade mark, building industry, machine-tool industry, registered trade mark, trade-mark law








C_2014045EN.01003103.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/31





Order of the General Court of 27 November 2013 — Wirtgen v OHIM (Shape of a chisel holder)
(Case T-179/12) (1)

(Community trade mark - Refusal of registration - Withdrawal of the application for registration - No need to adjudicate)
2014/C 45/52
Language of the case: German

Parties


Applicant: Wirtgen GmbH (Windhagen, Germany) (represented by: S. Jackermeier, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2012 (Case R 1923/2011-4), concerning an application for registration of a three-dimensional mark in the form of a chisel holder as a Community trade mark.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant is ordered to pay the costs.






(1)  OJ C 184, 23.6.2012.
Case F-112/13: Action brought on 27 November 2013 — ZZ v ENISA
Date: 2013-11-27
Institutions: Civil Service Tribunal
Subjects: damages, severance pay, work contract








C_2014085EN.01002603.xml










22.3.2014   


EN


Official Journal of the European Union


C 85/26





Action brought on 27 November 2013 — ZZ v ENISA
(Case F-112/13)
2014/C 85/45
Language of the case: Greek

Parties


Applicant: ZZ (represented by: V. Christianos, lawyer)

Defendant: European Union Agency for Network and Information Security (ENISA)

Subject-matter and description of the proceedings

Annulment of the decision of ENISA’s executive director to terminate the applicant’s open-ended employment contract.

Form of order sought







—


Annul the implied decision rejecting the applicant’s administrative claim and all other earlier unlawful acts, including the act by which ENISA dismissed the applicant;










—


Order payment to the applicant of the sum of EUR 50 000 in compensation for the non-pecuniary harm suffered;










—


Order ENISA to pay the costs.