do-me/EUR-LEX huggingface dataset:
Case C-447/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — Caffaro Srl, placed under special administration v European Commission (Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Calculation of the fine — Duration of the infringement — Limitation period — Mitigating circumstances)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: chemical industry, chemical salt, fine, infringement of EU law, oxide, restriction on competition, rights of the defence, subsidiary








C_2014045EN.01000402.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/4





Judgment of the Court (Second Chamber) of 5 December 2013 — Caffaro Srl, placed under special administration v European Commission
(Case C-447/11 P) (1)

(Appeal - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Calculation of the fine - Duration of the infringement - Limitation period - Mitigating circumstances)
2014/C 45/07
Language of the case: Italian

Parties


Appellant: Caffaro Srl, placed under special administration (represented by: C. Biscaretti di Ruffia and E. Gambaro, lawyers)

Other party to the proceedings: European Commission (represented by: Di Bucci, L Malferrari, R. Striani and B. Gencarelli, agents)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber, Extended Composition) of 16 June 2011 in Case T-192/06 Caffaro v Commission by which the Court dismissed the action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) in so far as in it the Commission imposes a joint and several fine on the applicant and SNIA SpA, or a reduction of the fine — Fines — Equal treatment — Limitation period — Obligation to state reasons.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Caffaro Srl, placed under special administration, to pay the costs.






(1)  OJ C 311, 22.10.2011.
Case C-455/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — Solvay SA v European Commission (Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Duration of the infringement — Concepts of ‘agreement’ and ‘concerted practice’ — Leniency Notice — Obligation to state reasons — Reduction of the fine)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: chemical industry, chemical salt, exchange of information, fine, infringement of EU law, oxide, price agreement, production quota, subsidiary








C_2014045EN.01000601.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/6





Judgment of the Court (Second Chamber) of 5 December 2013 — Solvay SA v European Commission
(Case C-455/11 P) (1)

(Appeals - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Concepts of ‘agreement’ and ‘concerted practice’ - Leniency Notice - Obligation to state reasons - Reduction of the fine)
2014/C 45/10
Language of the case: English

Parties


Appellant: Solvay SA (represented by: O. W. Brouwer, advocaat, and M. O’Regan, Solicitor)

Other party to the proceedings: European Commission (represented by: V. Bottka, A. Biolan and J. Bourke, Agents, and by M. Gray, BL)

Re:

Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 16 June 2011 in Case T-186/06 Solvay v European Commission by which the General Court upheld in part an action for (i) partial annulment of Commission Decision 2006/903/EC of 3 May 2006 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen Peroxide and perborate) (OJ 2006 L 353, p. 54), concerning a complex of agreements and concerted practices consisting in exchanges of information on prices and sales volumes, agreements on prices and on the reduction of production capacities in the EEA, and in the monitoring of the implementation of those agreements in the European market for hydrogen peroxide and sodium perborate, and (ii) annulment or a reduction of the fine imposed on the appellant — Concepts of ‘agreement’ and ‘concerted practice’.

Operative part of the judgment

The Court:






1.


Dismisses the main appeal and the cross-appeal;










2.


Orders Solvay SA to pay the costs of the main appeal;










3.


Orders the European Commission to pay the costs of the cross-appeal.






(1)  OJ C 347, 26.11.2011.
Case T-394/10: Judgment of the General Court of 5 December 2013 — Grebenshikova v OHIM — Volvo Trademark Holding (SOLVO) (Community trade mark — Opposition proceedings — Application for the Community figurative mark SOLVO — Earlier Community word mark VOLVO — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-12-05
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2014024EN.01001801.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/18





Judgment of the General Court of 5 December 2013 — Grebenshikova v OHIM — Volvo Trademark Holding (SOLVO)
(Case T-394/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark SOLVO - Earlier Community word mark VOLVO - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2014/C 24/30
Language of the case: English

Parties


Applicant: Elena Grebenshikova (St Petersburg, Russia) (represented by: M. Björkenfeldt, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented: initially by T. Dolde, V. von Bomhard and A. Renck, lawyers, and subsequently by V. von Bomhard, A. Renck, and I. Fowler, Solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 861/2010-1), relating to opposition proceedings between Volvo Trademark Holding AB and Ms Elena Grebenshikova.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 June 2010 in Case R 861/2010-1;










2.


Orders OHIM to pay, in addition to its own costs, two thirds of the costs incurred by Ms Elena Grebenshikova;










3.


Orders Volvo Trademark Holding AB to pay, in addition to its own costs, one third of the costs incurred by Ms Grebenshikova.






(1)  OJ C 301, 6.11.2010.
Case T-4/12: Judgment of the General Court of 5 December 2013 — Olive Line International v OHIM — Carapelli Firenze (Maestro de Oliva) (Community trade mark — Opposition procedure — International registration designating the European Community — Figurative mark Maestro de Oliva — Earlier national word mark MAESTRO — Genuine use of the earlier mark — Likelihood of confusion — Articles 8(1)(b) and 15(1)(a) of Regulation (EC) No 207/2009)
Date: 2013-12-05
Institutions: General Court
Subjects: EU trade mark, olive oil, registered trade mark, trade-mark law








C_2014024EN.01002001.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/20





Judgment of the General Court of 5 December 2013 — Olive Line International v OHIM — Carapelli Firenze (Maestro de Oliva)
(Case T-4/12) (1)

(Community trade mark - Opposition procedure - International registration designating the European Community - Figurative mark Maestro de Oliva - Earlier national word mark MAESTRO - Genuine use of the earlier mark - Likelihood of confusion - Articles 8(1)(b) and 15(1)(a) of Regulation (EC) No 207/2009)
2014/C 24/34
Language of the case: Spanish

Parties


Applicant: Olive Line International, SL (Madrid, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Carapelli Firenze SpA (Tavarnelle Val di Pesa, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 September 2011 (Case R 1612/2010-2), concerning an opposition procedure between Carapelli Firenze SpA and Olive Line International, SL.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Olive Line International, SL to pay the costs.






(1)  OJ C 89, 24.3.2012.
Prior notification of a concentration (Case COMP/M.7003 — DLG/team) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-12-05
Institutions: European Commission
Subjects: Denmark, Germany, agro-industry, building industry, economic concentration, energy industry, merger control








C_2013355EN.01001201.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/12





Prior notification of a concentration
(Case COMP/M.7003 — DLG/team)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 355/11






1.


On 25 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 DLG a.m.b.a. (‘DLG’, Denmark), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over team AG (‘team’, Germany), by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


DLG: a Danish cooperate agricultural company, active mainly in purchasing and supplying grain, feed, fertiliser, crop protection, premix, minerals, etc. to farmers and agricultural companies. DLG is also active in the energy and building materials sector,










—


team: a German undertaking active mainly in the energy and building materials sector.














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.7003 — DLG/team, 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-449/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — Solvay Solexis SpA v European Commission (Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Concepts of ‘agreement’ and ‘concerted practice’ — Concept of a ‘single and continuous infringement’ — Calculation of the fine)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: chemical industry, chemical salt, equal treatment, fine, infringement of EU law, oxide, restriction on competition, subsidiary, trade agreement








C_2014045EN.01000502.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/5





Judgment of the Court (Second Chamber) of 5 December 2013 — Solvay Solexis SpA v European Commission
(Case C-449/11 P) (1)

(Appeal - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Concepts of ‘agreement’ and ‘concerted practice’ - Concept of a ‘single and continuous infringement’ - Calculation of the fine)
2014/C 45/09
Language of the case: Italian

Parties


Appellant: Solvay Solexis SpA (represented by: T. Salonico, G.L. Zampa and G. Barone, lawyers)

Other party to the proceedings: European Commission (represented by: V. Di Bucci, L Malferrari and B. Gencarelli, Agents)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber, Extended Composition) of 16 June 2011 in Case T-195/06 Solvay Solexis SpA v Commission by which the Court dismissed the action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) in so far as it concerns Solvay Solexis — Duration of the infringement — Concepts of ‘agreement’ and ‘concerted practice’ — Equal treatment — Obligation to state reasons.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Solvay Solexis SpA to pay the costs.






(1)  OJ C 311, 22.10.2011.
Euro exchange rates
Date: 2013-12-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2013355EN.01000401.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/4





Euro exchange rates (1)

4 December 2013
2013/C 355/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3592




JPY


Japanese yen


139,31




DKK


Danish krone


7,4594




GBP


Pound sterling


0,83000




SEK


Swedish krona


8,8382




CHF


Swiss franc


1,2268




ISK


Iceland króna


 




NOK


Norwegian krone


8,3105




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,458




HUF


Hungarian forint


302,49




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7026




PLN


Polish zloty


4,1983




RON


Romanian leu


4,4721




TRY


Turkish lira


2,7809




AUD


Australian dollar


1,5046




CAD


Canadian dollar


1,4484




HKD


Hong Kong dollar


10,5384




NZD


New Zealand dollar


1,6585




SGD


Singapore dollar


1,7044




KRW


South Korean won


1 442,72




ZAR


South African rand


14,1267




CNY


Chinese yuan renminbi


8,2789




HRK


Croatian kuna


7,6410




IDR


Indonesian rupiah


16 174,91




MYR


Malaysian ringgit


4,3834




PHP


Philippine peso


59,665




RUB


Russian rouble


45,0345




THB


Thai baht


43,826




BRL


Brazilian real


3,2274




MXN


Mexican peso


17,8511




INR


Indian rupee


84,2080






(1)  Source: reference exchange rate published by the ECB.