do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.7176 — CFAO/Carrefour/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-02-13
Institutions: European Commission
Subjects: Africa, Cameroon, Congo, Côte d'Ivoire, Democratic Republic of the Congo, France, Gabon, Ghana, Nigeria, Senegal, distribution business, economic concentration, food industry, merger control, motor vehicle industry, overseas territory








C_2014042EN.01000901.xml










13.2.2014   


EN


Official Journal of the European Union


C 42/9





Prior notification of a concentration
(Case COMP/M.7176 — CFAO/Carrefour/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2014/C 42/09)






1.


On 3 February 2014, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which CFAO SA (France) and Carrefour SA (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a joint venture by way of purchase of shares in a newly created company constituting the joint venture.










2.


The business activities of the undertakings concerned are:






—


CFAO SA is incorporated under French law and owned by Toyota Tsusho Corporation (Japan). It is involved in car distribution, pharmaceutical products, consumer goods and equipment, and IT services, mainly in Africa and in the French Overseas Territories,










—


Carrefour SA is the parent company of the Carrefour group, which is involved in retail sales, mainly food, in France and abroad,










—


The purpose of the joint venture will be to develop retail distribution mainly involving food in Senegal, Cameroon, Congo, Côte d'Ivoire, the Democratic Republic of the Congo, Gabon, Nigeria and Ghana.














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.7176 — CFAO/Carrefour/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 Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-380/12: Judgment of the General Court of 13 February 2014 — Demon International v OHIM — Big Line (DEMON) (Community trade mark — Invalidity proceedings — Figurative Community trade mark DEMON — Prior international word mark DEMON — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
Date: 2014-02-13
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, trade-mark law








C_2014093EN.01002203.xml










29.3.2014   


EN


Official Journal of the European Union


C 93/22





Judgment of the General Court of 13 February 2014 — Demon International v OHIM — Big Line (DEMON)
(Case T-380/12) (1)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark DEMON - Prior international word mark DEMON - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
2014/C 93/38
Language of the case: Italian

Parties


Applicant: Demon International (Orem, Utah, United States) (represented by: T. Krüger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, and subsequently by: L. Rampini, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Big Line Sas di Graziani Lorenzo (Thiene, Italy) (represented by: B. Osti, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 June 2012 (Case R 1845/2011-4) concerning invalidity proceedings between Demon International, LC and Big Line Sas di Graziani Lorenzo.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 June 2012 (Case R 1845/2001-4) insofar as it annulled in part the decision of the Cancellation Division and rejected the application for a declaration of invalidity of the Community trade mark No 6 375 398 concerning ‘ski masks’ and ‘snowboard masks’;










2.


Dismisses the remainder of the action;










3.


Orders Demon International, LC and Big Line Sas di Graziani Lorenzo to bear their own costs, including those incurred before the Board of Appeal;










4.


Orders OHIM to bear its own costs.






(1)  OJ C 331, 27.10.2012.
Case C-31/13 P: Judgment of the Court (Third Chamber Chamber) of 13 February 2014 — Hungary v European Commission, Slovak Republic (Appeal — Protected geographical indications — Regulation (EC) No 1234/2007 — Register of protected designations of origin and protected geographical indications for wine — E-Bacchus database — Tokaj)
Date: 2014-02-13
Institutions: Court of Justice
Subjects: EU trade mark, database, designation of origin, labelling, product designation, registered trade mark, wine








C_2014093EN.01001701.xml










29.3.2014   


EN


Official Journal of the European Union


C 93/17





Judgment of the Court (Third Chamber Chamber) of 13 February 2014 — Hungary v European Commission, Slovak Republic
(Case C-31/13 P) (1)

(Appeal - Protected geographical indications - Regulation (EC) No 1234/2007 - Register of protected designations of origin and protected geographical indications for wine - E-Bacchus database - Tokaj)
2014/C 93/26
Language of the case: Hungarian

Parties


Appellant: Hungary (represented by: M.Z. Fehér and K. Szíjjártó, Agents)

Other parties to the proceedings: European Commission (represented by: V. Bottka, B. Schima and B. Eggers, Agents), Slovak Republic (represented by B. Ricziová, Agent)

Re:

Appeal against the judgment of the General Court (Seventh Chamber) of 8 November 2012 in Case T-194/10 Hungary v Commission, in which the General Court dismissed as inadmissible an application for cancellation of the entry of the protected designation of origin ‘Vinohradnícka oblast’ Tokaj’, with Slovakia indicated as country of origin, in the electronic register of protected designations of origin and protected geographical indications for wine (E-Bacchus database) — Legal effects of an entry in the E-Bacchus database — Obligation to state reasons — Principles of sound administration, sincere cooperation and legal certainty.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Hungary to pay the costs;










3.


Orders the Slovak Republic to bear its own costs.






(1)  OJ C 71, 9.3.2013.
Case C-139/13: Judgment of the Court (Ninth Chamber) of 13 February 2014 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Area of freedom, security and justice — Standards for security features and biometrics in passports and travel documents issued by Member States — Regulation (EC) No 2252/2004 — Biometric passport — Inclusion of digital fingerprints — Failure to implement — Failure to issue within the prescribed periods)
Date: 2014-02-13
Institutions: Court of Justice
Subjects: Belgium, European standard, biometrics, infringement of EU law, passport








C_2014093EN.01001802.xml










29.3.2014   


EN


Official Journal of the European Union


C 93/18





Judgment of the Court (Ninth Chamber) of 13 February 2014 — European Commission v Kingdom of Belgium
(Case C-139/13) (1)

(Failure of a Member State to fulfil obligations - Area of freedom, security and justice - Standards for security features and biometrics in passports and travel documents issued by Member States - Regulation (EC) No 2252/2004 - Biometric passport - Inclusion of digital fingerprints - Failure to implement - Failure to issue within the prescribed periods)
2014/C 93/29
Language of the case: French

Parties


Applicant: European Commission (represented by: D. Maidani and G. Wils, acting as Agents)

Defendant: Kingdom of Belgium (represented by: J.-C. Halleux and L. Van den Broeck, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 6 of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ 2004 L 385, p. 1) — Biometric passports containing digital fingerprints — Failure to issue such passports within the prescribed periods laid down by that regulation.

Operative part of the judgment

The Court:






1.


Declares that, by having failed to implement, in the prescribed period, the technical specifications relating to issuing biometric passports containing digital fingerprints, the Kingdom of Belgium has failed to fulfil its obligations under Article 6 of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 156, 01.6.2013.
Case C-596/12: Judgment of the Court (Second Chamber) of 13 February 2014 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Collective redundancies — Concept of ‘workers’ — Exclusion of ‘dirigenti’ — Directive 98/59/EC — Article 1(1) and (2) — Infringement)
Date: 2014-02-13
Institutions: Court of Justice
Subjects: approximation of laws, collective dismissal, labour mobility, manager, reintegration into working life, temporary layoff, unemployment insurance








C_2014093EN.01001402.xml










29.3.2014   


EN


Official Journal of the European Union


C 93/14





Judgment of the Court (Second Chamber) of 13 February 2014 — European Commission v Italian Republic
(Case C-596/12) (1)

(Failure of a Member State to fulfil obligations - Collective redundancies - Concept of ‘workers’ - Exclusion of ‘dirigenti’ - Directive 98/59/EC - Article 1(1) and (2) - Infringement)
2014/C 93/22
Language of the case: Italian

Parties


Applicant: European Commission (represented by: J. Enegren and C. Cattabriga, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by S. Varone, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ 1998 L 225, p. 16) — Scope — Concept of workers — Inclusion of managers in that concept.

Operative part of the judgment

The Court:






1.


Declares that, by excluding, in Article 4(9) of Law No 223 relating to provisions on technical lay-offs, mobility, unemployment benefit, implementation of Community directives, employment services and other provisions relating to the employment market (legge n. 223 — Norme in materia di cassa integrazione, mobilita’, trattamenti di disoccupazione, attuazione di direttive della Comunita’ europea, avviamento al lavoro ed altre disposizioni in materia di mercato del lavoro), of 23 July 1991, the category of ‘dirigenti’ from the scope of Article 2 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, the Republic of Italy has failed to fulfil its obligation under Article 1(1) and (2) of that Directive.










2.


Orders the Republic of Italy to pay the costs.






(1)  OJ C 71, 9.3.2013.
Case C-152/12: Judgment of the Court (Sixth Chamber) of 13 February 2014 — European Commission v Republic of Bulgaria (Failure of a Member State to fulfil obligations — Transport — Directive 2001/14/EEC — Development of the Union’s railways — Charging scheme for access to railway infrastructure — Articles 7(3) and 8(1) — Possibility of levying a mark-up on charges — Costs directly incurred as a result of operating the train service)
Date: 2014-02-13
Institutions: Court of Justice
Subjects: charges for use of infrastructure, operating cost, rail transport, social-security contribution, wage cost








C_2014093EN.01000402.xml










29.3.2014   


EN


Official Journal of the European Union


C 93/4





Judgment of the Court (Sixth Chamber) of 13 February 2014 — European Commission v Republic of Bulgaria
(Case C-152/12) (1)

(Failure of a Member State to fulfil obligations - Transport - Directive 2001/14/EEC - Development of the Union’s railways - Charging scheme for access to railway infrastructure - Articles 7(3) and 8(1) - Possibility of levying a mark-up on charges - Costs directly incurred as a result of operating the train service)
2014/C 93/06
Language of the case: Bulgarian

Parties


Applicant: European Commission (represented by: R. Vasileva and H. Støvlbæk, acting as Agents)

Defendant: Republic of Bulgaria (represented by: T. Ivanov, D. Drambozova and E. Petranova, acting as Agents)

Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna and M. Szpunar, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 7(3) and 8(1) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ 2001 L 75, p. 1) — Charging scheme for access to railway infrastructure — Notion of ‘cost directly incurred as a result of operating the train service’ — Income exceeding the costs directly incurred as a result of operating the train service — Conditions for the application of Article 8(1) of Directive 2001/14/EC.

Operative part of the judgment

The Court:






1.


Declares that, by allowing to be included in the calculation of charges incurred for all of the minimum services and for access by the network to the service infrastructure costs, namely staff remuneration and social security contributions, which cannot be considered to be directly incurred as a result of operating the train service, the Republic of Bulgaria has failed to fulfil its obligations under Article 7(3) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission, the Republic of Bulgaria and the Republic of Poland to bear their own costs.






(1)  OJ C 174, 16.6.2012.
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2014-02-13
Institutions: European Commission
Subjects: Italy, air transport, inland transport, invitation to tender, public service, transport regulations








C_2014042EN.01000501.xml










13.2.2014   


EN


Official Journal of the European Union


C 42/5





Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
(2014/C 42/05)






Member State


Italy




Routes concerned


Pantelleria–Trapani and vice versa
Pantelleria–Palermo and vice versa
Lampedusa–Palermo and vice versa
Lampedusa–Catania and vice versa




Date of entry into force of the public service obligations


1 July 2014




Address where the text and any information and/or documentation relating to the public service obligation can be obtained


For further information, please contact:





Ente nazionale per l’aviazione civile (ENAC)




Direzione sviluppo trasporto aereo




Viale Castro Pretorio 118




00185 Roma RM




ITALIA




Tel. +39 0644596564




Fax +39 0644596591




E-mail: osp@enac.gov.it




Internet: http://www.mit.gov.it




http://www.enac.gov.it
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2014-02-13
Institutions: European Commission
Subjects: Italy, air transport, inland transport, invitation to tender, public service, transport regulations








C_2014042EN.01000601.xml










13.2.2014   


EN


Official Journal of the European Union


C 42/6





Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2014/C 42/06)






Member State


Italy




Route concerned


Pantelleria–Trapani and vice versa
Pantelleria–Palermo and vice versa
Lampedusa–Palermo and vice versa
Lampedusa–Catania and vice versa




Period of validity of the contract


From 1 July 2014 to 30 June 2017




Deadline for submission of tenders


60 days after the date of publication of this tender invitation




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained


For further information, please contact:





Ente Nazionale per l’Aviazione Civile (ENAC)




Direzione sviluppo trasporto aereo




Viale Castro Pretorio 118




00185 Roma RM




ITALIA




Tel. +39 0644596564




Fax +39 0644596591




E-mail: osp@enac.gov.it




Internet: http://www.mit.gov.it




http://www.enac.gov.it
Euro exchange rates
Date: 2014-02-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2014042EN.01000201.xml










13.2.2014   


EN


Official Journal of the European Union


C 42/2





Euro exchange rates (1)

12 February 2014
(2014/C 42/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3573




JPY


Japanese yen


138,89




DKK


Danish krone


7,4621




GBP


Pound sterling


0,82160




SEK


Swedish krona


8,7718




CHF


Swiss franc


1,2249




ISK


Iceland króna


 




NOK


Norwegian krone


8,3320




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,533




HUF


Hungarian forint


308,52




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,1658




RON


Romanian leu


4,4823




TRY


Turkish lira


2,9770




AUD


Australian dollar


1,5016




CAD


Canadian dollar


1,4930




HKD


Hong Kong dollar


10,5274




NZD


New Zealand dollar


1,6277




SGD


Singapore dollar


1,7186




KRW


South Korean won


1 441,99




ZAR


South African rand


14,9297




CNY


Chinese yuan renminbi


8,2289




HRK


Croatian kuna


7,6545




IDR


Indonesian rupiah


16 401,46




MYR


Malaysian ringgit


4,5096




PHP


Philippine peso


60,827




RUB


Russian rouble


47,2415




THB


Thai baht


44,191




BRL


Brazilian real


3,2702




MXN


Mexican peso


18,0643




INR


Indian rupee


84,2951






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.7125 — Advent/UNIT4)  Text with EEA relevance
Date: 2014-02-13
Institutions: European Commission
Subjects: economic concentration, information technology industry, investment company, merger control








C_2014042EN.01000102.xml










13.2.2014   


EN


Official Journal of the European Union


C 42/1





Non-opposition to a notified concentration
(Case COMP/M.7125 — Advent/UNIT4)
(Text with EEA relevance)
(2014/C 42/02)
On 30 January 2014, 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 32014M7125. EUR-Lex is the online access to the European law.
Case T-97/14: Action brought on 13 February 2014 — Harry’s New York Bar v OHIM — Harrys Pubar (HARRY’S NEW YORK BAR)
Date: 2014-02-13
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2014129EN.01003101.xml










28.4.2014   


EN


Official Journal of the European Union


C 129/31






Action brought on 13 February 2014 — Harry’s New York Bar v OHIM — Harrys Pubar (HARRY’S NEW YORK BAR)
(Case T-97/14)
(2014/C 129/38)
Language in which the application was lodged: English

Parties


Applicant: Harry’s New York Bar SA (Paris, France) (represented by: S. Arnaud, lawyer)

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

Other party to the proceedings before the Board of Appeal: Harrys Pubar AB (Gothenburg, Sweden)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 November 2013 given in Joined Cases R 1038/2012-1 and R 1045/2012-1;










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘HARRY’S NEW YORK BAR’ for goods and services in Classes 25, 30, 32 and 43 — Community trade mark application No 3 383 445
         

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Swedish trade mark registrations Nos 356 009, 320 026, 315 142, 55 6513-1066 for goods and services in Classes 25 and 42

Decision of the Opposition Division: Allowed the opposition in part

Decision of the Board of Appeal: Upheld the appeal in part in Case R 1038/2012-1 and dismissed the appeal in Case R 1045/2012-1

Pleas in law: Infringement of Article 8(1)(b) and 4 CTMR.