do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7244 — China Huaxin Post and Telecommunication Economy Development Center / Alcatel-Lucent Enterprise Business) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-06-04
Institutions: European Commission
Subjects: economic concentration, information technology, investment company, merger control, software








C_2014167EN.01001701.xml










4.6.2014   


EN


Official Journal of the European Union


C 167/17





Prior notification of a concentration
(Case M.7244 — China Huaxin Post and Telecommunication Economy Development Center / Alcatel-Lucent Enterprise Business)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 167/10






1.


On 27 May 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the state-owned enterprise China Huaxin Post and Telecommunication Economy Development Center (‘China Huaxin’), China, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the enterprise solutions business of Alcatel-Lucent (‘ALE’), France, by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for China Huaxin: investments in the information and communication technology sectors; and
—   for ALE: providing hardware and software for enterprise communications and network solutions.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7244 — China Huaxin Post and Telecommunication Economy Development Center / Alcatel-Lucent Enterprise Business, 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 C-271/14: Request for a preliminary ruling from the Conseil d’État (France) lodged on 4 June 2014  — LFB Biomédicaments, Association des déficitaires en Alpha 1 Antitrypsine (Association ADAAT Alpha 1-France) v Ministre du travail, de l’emploi et de la santé, Ministre du budget, des comptes publics et de la réforme de l’État
Date: 2014-06-04
Institutions: Court of Justice
Subjects: health care system, medicinal product








C_2014282EN.01002301.xml










25.8.2014   


EN


Official Journal of the European Union


C 282/23





Request for a preliminary ruling from the Conseil d’État (France) lodged on 4 June 2014 — LFB Biomédicaments, Association des déficitaires en Alpha 1 Antitrypsine (Association ADAAT Alpha 1-France) v Ministre du travail, de l’emploi et de la santé, Ministre du budget, des comptes publics et de la réforme de l’État
(Case C-271/14)
2014/C 282/28
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicants: LFB Biomédicaments, Association des déficitaires en Alpha 1 Antitrypsine (Association ADAAT Alpha 1-France)

Defendants: Ministre du travail, de l’emploi et de la santé, Ministre du budget, des comptes publics et de la réforme de l’État

Question referred

Does Article 6(5) of Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (1) require that a statement of reasons be given for a decision to remove a proprietary medicinal product from the list of medicinal products provided to inpatients in health establishments which may be covered by compulsory health insurance schemes in addition to services relating to hospital treatment covered in the context of fixed payments in respect of periods of hospitalisation and hospital care determined in accordance with diagnosis-related groups?


(1)  OJ L 40, p. 8.
Information on the date of entry into force of the Agreement between the European Union and the Russian Federation on drug precursors
Date: 2014-06-04
Institutions: Council of the European Union
Subjects: European cooperation, Russia, agreement (EU), chemical product, drug traffic, exchange of information, fight against crime, illicit trade, market supervision, narcotic








L_2014165EN.01001501.xml










4.6.2014   


EN


Official Journal of the European Union


L 165/15







Information on the date of entry into force of the Agreement between the European Union and the Russian Federation on drug precursors

Following signature on 4 June 2013, the Government of the Russian Federation and the European Union notified on 20 February 2014 and on 21 February 2014 respectively that they had finalised their internal procedures to conclude the Agreement between the European Union and the Russian Federation on drug precursors.
The Agreement accordingly entered into force on 1 April 2014 pursuant to Article 11 thereof.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2014 under certain quotas opened by the European Union for products in the poultrymeat sector
Date: 2014-06-04
Institutions: European Commission
Subjects: import (EU), poultry, poultrymeat, tariff quota








C_2014167EN.01000101.xml










4.6.2014   


EN


Official Journal of the European Union


C 167/1





Communication from the Commission
concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2014 under certain quotas opened by the European Union for products in the poultrymeat sector
2014/C 167/01
Commission Regulation (EC) No 616/2007 (1) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of April 2014 for the subperiod 1 July to 30 September 2014 are, for quotas 09.4217 and 09.4218, for quantities smaller than those available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 October to 31 December 2014; they are set out in the Annex to this communication.


(1)  OJ L 142, 5.6.2007, p. 3.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October to 31 December 2014 (in kg)




09.4217


8 980 400




09.4218


3 478 800
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Slovenia (Articles 107 to 109 of the Treaty on the Functioning of the European Union) — Commission notice pursuant to Article 108(2) of the TFEU — withdrawal of notification — State aid SA.33707 (2013/C) — regional aid to Revoz d.d.  Text with EEA relevance
Date: 2014-06-04
Institutions: European Commission
Subjects: Slovenia, State aid, control of State aid, regional aid








C_2014167EN.01001401.xml










4.6.2014   


EN


Official Journal of the European Union


C 167/14





DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE
State aid — Slovenia
(Articles 107 to 109 of the Treaty on the Functioning of the European Union)
Commission notice pursuant to Article 108(2) of the TFEU — withdrawal of notification
State aid SA.33707 (2013/C) — regional aid to Revoz d.d.
(Text with EEA relevance)
2014/C 167/07
The Commission has decided to close the formal investigation procedure under Article 108(2) of the TFEU, initiated on 2 July 2013 in respect of the measure referred to above, recording that Slovenia has withdrawn its notification on 18 July 2013.
Non-opposition to a notified concentration (Case M.7223 — Danish Crown / Sokolow)  Text with EEA relevance
Date: 2014-06-04
Institutions: European Commission
Subjects: Denmark, Poland, economic concentration, live animal, meat processing industry, merger control








C_2014167EN.01000201.xml










4.6.2014   


EN


Official Journal of the European Union


C 167/2





Non-opposition to a notified concentration
(Case M.7223 — Danish Crown / Sokolow)
(Text with EEA relevance)
2014/C 167/02
On 28 May 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language 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 32014M7223. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC’ — COM(2014) 174 final — 2014/0096 COD
Date: 2014-06-04
Institutions: European Economic and Social Committee
Subjects: approximation of laws, food chemistry, food consumption, human nutrition, milk by-product, milk protein








C_2014424EN.01007201.xml










26.11.2014   


EN


Official Journal of the European Union


C 424/72





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC’
COM(2014) 174 final — 2014/0096 COD
2014/C 424/11
On 2 April 2014, the European Parliament and on 10 April 2014 and the Council respectively decided to consult the European Economic and Social Committee, under Article 114 of the TFEU, on the:

Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC

COM(2014) 174 final — 2014/96 COD.
Since the Committee endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 499th plenary session of 4 and 5 June 2014 (meeting of 4 June 2014), by 128 votes to 1 with 4 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 4 June 2014.


The President of the European Economic and Social Committee

Henri MALOSSE
Case T-526/12: Order of the General Court of 4 June 2014  — Axa Versicherung v Commission (Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — Express decision adopted after the action was brought — No longer any interest in bringing proceedings — No need to adjudicate)
Date: 2014-06-04
Institutions: General Court
Subjects: access to EU information, glass, infringement of EU law, motor vehicle industry, protection of privacy








C_2014253EN.01002901.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/29





Order of the General Court of 4 June 2014 — Axa Versicherung v Commission
(Case T-526/12) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Implied refusal of access - Express decision adopted after the action was brought - No longer any interest in bringing proceedings - No need to adjudicate))
2014/C 253/41
Language of the case: German

Parties


Applicant: Axa Versicherung AG (Cologne, Germany) (represented by: C. Bahr, S. Dethof and A. Malec, lawyers)

Defendant: European Commission (represented by: H. Krämer and F. Clotuche-Duvieusart, acting as Agents)

Re:

Action for annulment of the implied decision of the Commission to refuse the applicants access to documents from the case-file in Case COMP/39.125 (Car glass).

Operative part of the order







1)


There is no longer any need to adjudicate on the present action.










2)


There is no need to adjudicate on the application for leave to intervene of AGC Glass Europe SA, AGC Automotive Europe SA and AGC Glass Germany GmbH.










3)


The European Commission is ordered to bear its own costs and pay those incurred by AXA Versicherung AG.










4)


AGC Glass Europe, AGC Automotive Europe and AGC Glass Germany are ordered to bear their own costs.






(1)  OJ C 32, 2.2.2013.
Case T-392/14: Action brought on 4 June 2014  — Gutser v Commission
Date: 2014-06-04
Institutions: General Court
Subjects: Spain, State aid, control of State aid, equal treatment, hire purchase, infringement of EU law, principle of legal certainty, tax system








C_2014245EN.01002801.xml










28.7.2014   


EN


Official Journal of the European Union


C 245/28





Action brought on 4 June 2014 — Gutser v Commission
(Case T-392/14)
2014/C 245/38
Language of the case: Spanish

Parties


Applicant: Gutser, SA (Barcelona, Spain) (represented by: J.C. García Muñoz, J.I. Jiménez-Blanco Carrillo de Albornoz and J. Corral García, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the Commission to pay all the costs incurred in the proceedings.





Pleas in law and main arguments

The decision contested in the present proceedings is the same as that contested in Case T-515/13 Commission v Spain, relating to the tax regime applicable to certain finance lease agreements, also known as the ‘Spanish Tax Lease System’.
In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the contested decision is vitiated by an infringement of essential procedural requirements and that it infringes Articles 20, 21 and 41(1) of the Charter of Fundamental Rights of the European Union in that it was adopted following an investigation procedure in which there were substantial irregularities.










2.


Second plea in law, alleging that the Commission infringed Articles 107 and 108 TFEU in considering that the measures at issue constitute State aid, without having proved their selective nature.










3.


Third plea in law, alleging that the Commission infringed Articles 107 and 108 TFEU in considering that the measures at issue constitute State aid, without having proved their effect on inter-Community trade.










4.


Fourth plea in law, alleging that the Commission erred in law and infringed Article 107 TFEU in characterising the investors as beneficiaries of the aid. In addition, the decision is not supported by a sufficient statement of reasons.










5.


Fifth plea in law, alleging that the Commission erred in law in ordering the recovery of the aid in breach of the principles of legal certainty, the protection of legitimate expectations and equal treatment, as well as Article 14 of Regulation (EC) No 659/1999.
Case T-161/12: Judgment of the General Court of 4 June 2014  — Free v OHIM Conradi + Kaiser (FreeLounge) (Community trade mark — Opposition proceedings — Application for Community word mark FreeLounge — Earlier national figurative mark free ‘LA LIBERTÉ N’A PAS DE PRIX’ , earlier national word mark ‘FREE’ , company name ‘FREE’ and domain name ‘FREE.FR’  — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Power to alter)
Date: 2014-06-04
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications industry, trade-mark law








C_2014235EN.01001601.xml










21.7.2014   


EN


Official Journal of the European Union


C 235/16





Judgment of the General Court of 4 June 2014 — Free v OHIM Conradi + Kaiser (FreeLounge)
(Case T-161/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark FreeLounge - Earlier national figurative mark free ‘LA LIBERTÉ N’A PAS DE PRIX’, earlier national word mark ‘FREE’, company name ‘FREE’ and domain name ‘FREE.FR’ - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Power to alter))
2014/C 235/20
Language of the case: French

Parties


Applicant: Free SAS (Paris, France) (represented by: Y. Coursin, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Conradi + Kaiser GmbH (Kleinmaischeid, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 January 2012 (Case R 437/2011-2), relating to opposition proceedings between Free SAS and Conradi + Kaiser GmbH.

Operative part of the judgment

The Court:






1.


Declares that the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 January 2012 (Case R 437/2011-2) is annulled in so far as it considered that the services for online publication of electronic books and periodicals as well as the services for publication of periodicals and books in electronic form, including on the Internet, falling within Class 41 and covered by the application for registration, were not similar to the services to disseminate information electronically, in particular for Internet-style global communication networks, falling within Class 38 and covered by the earlier figurative mark;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 194, 30.6.2012.
Case T-385/14: Action brought on 4 June 2014  — Volkswagen v OHIM (ULTIMATE)
Date: 2014-06-04
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2014253EN.01004902.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/49





Action brought on 4 June 2014 — Volkswagen v OHIM (ULTIMATE)
(Case T-385/14)
2014/C 253/65
Language of the case: German

Parties


Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by U. Sander, lawyer)

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

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 24 March 2014 in Case R 1787/2013-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ULTIMATE for goods and services in Classes 12, 28, 35 and 37

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009.
Case T-393/14: Action brought on 4 June 2014  — Ingeperfil v Commission
Date: 2014-06-04
Institutions: General Court
Subjects: Spain, State aid, control of State aid, equal treatment, hire purchase, infringement of EU law, principle of legal certainty, tax system








C_2014245EN.01002901.xml










28.7.2014   


EN


Official Journal of the European Union


C 245/29





Action brought on 4 June 2014 — Ingeperfil v Commission
(Case T-393/14)
2014/C 245/39
Language of the case: Spanish

Parties


Applicant: Ingeperfil, SL (Barcelona, Spain) (represented by: J.C. García Muñoz, J.I. Jiménez-Blanco Carrillo de Albornoz and J. Corral García, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the Commission to pay all the costs incurred in the proceedings.





Pleas in law and main arguments

The pleas in law and main arguments are those put forward in Case T-392/14.
Prior notification of a concentration (Case M.7262 — Ageas/Ocidental Seguros/Médis) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-06-04
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control, provision of services








C_2014167EN.01001501.xml










4.6.2014   


EN


Official Journal of the European Union


C 167/15





Prior notification of a concentration
(Case M.7262 — Ageas/Ocidental Seguros/Médis)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 167/08






1.


On 26 May 2014 the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Ageas Insurance International NV (‘Ageas’, the Netherlands), a company belonging to the international group Ageas SA, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Companhia Portuguesa de Seguros SA (‘Ocidental Seguros’, Portugal) and of Companhia Portuguesa de Seguros de Saúde SA (‘Médis’, Portugal) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Ageas: provision of life and non-life insurance services to personal, business and institutional customers,
—   for Médis and Ocidental Seguros: provision of non-life insurance services.










3.


On preliminary examination, the European Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7262 — Ageas/Ocidental Seguros/Médis 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.