do-me/EUR-LEX huggingface dataset:
Case T-588/14: Action brought on 8 August 2014  — Mechadyne International v OHIM (FlexValve)
Date: 2014-08-08
Institutions: General Court
Subjects: EU trade mark, engine, piping, registered trade mark, trade-mark law








C_2014361EN.01001601.xml










13.10.2014   


EN


Official Journal of the European Union


C 361/16





Action brought on 8 August 2014 — Mechadyne International v OHIM (FlexValve)
(Case T-588/14)
2014/C 361/21
Language of the case: German

Parties


Applicant: Mechadyne International Ltd (Kirtlington, United Kingdom) (represented by S. von Petersdorff-Campen and E. Schaper, lawyers)

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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 June 2014 in Case R 2435/2013-4;










—


order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: the figurative mark containing the word element ‘FlexValve’ for goods and services in Classes 7, 9, 12 and 42 — Community trade mark registration No 1 1 2 74  677

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:







—


Infringement of the right to be heard;










—


Infringement of Article 7(1)(b) of Regulation No 207/2009;










—


Infringement of Article 7(1)(c) of Regulation No 207/2009.
Case T-591/14: Action brought on 8 August 2014  — BSH v OHIM (PerfectRoast)
Date: 2014-08-08
Institutions: General Court
Subjects: EU trade mark, household electrical appliance, registered trade mark, trade-mark law








C_2014351EN.01002401.xml










6.10.2014   


EN


Official Journal of the European Union


C 351/24





Action brought on 8 August 2014 — BSH v OHIM (PerfectRoast)
(Case T-591/14)
2014/C 351/30
Language of the case: German

Parties


Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by S. Biagosch, 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 Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 June 2014 in Case R 359/2014-5;










—


order OHIM to bear its own costs and pay the costs incurred by the applicant.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘PerfectRoast’ for goods in Classes 7 and 11 — Community trade mark registration No 1 2 1 73  902

Decision of the Examiner: Rejection of the application for registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:







—


Infringement of Article 7(1)(c) of Regulation No 207/2009;










—


Infringement of Article 7(1)(c) of Regulation No 207/2009;










—


Infringement of Article 75 of Regulation No 207/2009.
Non-opposition to a notified concentration (Case M.7315 — Carlson/CWT)  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: economic concentration, hotel industry, merger control, travel agency








C_2014258EN.01003101.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/31





Non-opposition to a notified concentration
(Case M.7315 — Carlson/CWT)
(Text with EEA relevance)
(2014/C 258/07)
On 4 August 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/homepage.html?locale=en) under document number 32014M7315. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.7288 — Viacom/Channel 5 Broadcasting)  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: United Kingdom, broadcasting, economic concentration, merger control, public service








C_2014258EN.01003501.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/35





Prior notification of a concentration
(Case M.7288 — Viacom/Channel 5 Broadcasting)
(Text with EEA relevance)
(2014/C 258/11)






1.


On 4 August 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 undertaking Viacom Inc. (‘Viacom’, the United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Channel 5 Broadcasting Limited (‘Channel 5’, the United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Viacom: global entertainment content company,
—   for Channel 5: public service broadcaster, active in the UK.










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.










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 M.7288 — Viacom/Channel 5 Broadcasting, 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’).
Non-opposition to a notified concentration (Case M.7083 — John Wood Group/Siemens/JV)  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: economic concentration, electronics industry, merger control, technology, turbine








C_2014258EN.01002901.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/29





Non-opposition to a notified concentration
(Case M.7083 — John Wood Group/Siemens/JV)
(Text with EEA relevance)
(2014/C 258/03)
On 24 April 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/homepage.html?locale=en) under document number 32014M7083. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.7285 — Cerberus/Visteon Interiors)  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, vehicle parts








C_2014258EN.01003001.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/30





Non-opposition to a notified concentration
(Case M.7285 — Cerberus/Visteon Interiors)
(Text with EEA relevance)
(2014/C 258/05)
On 1 August 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/homepage.html?locale=en) under document number 32014M7285. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-380/14: Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 8 August 2014  — Dorothea Eckert and Karl-Heinz Dallner v Condor Flugdienst GmbH
Date: 2014-08-08
Institutions: Court of Justice
Subjects: air transport, consumer protection, indemnification, traveller








C_2014421EN.01001802.xml










24.11.2014   


EN


Official Journal of the European Union


C 421/18





Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 8 August 2014 — Dorothea Eckert and Karl-Heinz Dallner v Condor Flugdienst GmbH
(Case C-380/14)
2014/C 421/26
Language of the case: German

Referring court

Amtsgericht Rüsselsheim

Parties to the main proceedings


Applicants: Dorothea Eckert, Karl-Heinz Dallner

Defendant: Condor Flugdienst GmbH
By order of the Court of Justice of 9 September 2014, the present case was removed from the Court’s Register.
Non-opposition to a notified concentration (Case M.7305 — TDR Capital/Delek Europe)  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: Belgium, France, Luxembourg, Netherlands, United Kingdom, economic concentration, fuel, investment company, merger control, parent company








C_2014258EN.01002902.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/29





Non-opposition to a notified concentration
(Case M.7305 — TDR Capital/Delek Europe)
(Text with EEA relevance)
(2014/C 258/04)
On 1 August 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/homepage.html?locale=en) under document number 32014M7305. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.7280 — HgCapital/KKR/Cinven/Visma)  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, software








C_2014258EN.01003002.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/30





Non-opposition to a notified concentration
(Case M.7280 — HgCapital/KKR/Cinven/Visma)
(Text with EEA relevance)
(2014/C 258/06)
On 8 July 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/homepage.html?locale=en) under document number 32014M7280. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Invitation to submit comments on the draft Commission Regulation declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty
Date: 2014-08-08
Institutions: European Commission
Subjects: State aid, aid to undertakings, aquaculture, control of State aid, fishery product








C_2014258EN.01000101.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/1





Invitation to submit comments on the draft Commission Regulation declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty
(2014/C 258/01)
Interested parties may submit their comments by 30 September 2014 to:





European Commission




Directorate-General for Maritime Affairs and Fisheries




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: mare-aidesdetat@ec.europa.eu




The text is also available on the following website: http://ec.europa.eu/dgs/maritimeaffairs_fisheries/consultations/block-exemption-regulation-2/index_en.htm
Prior notification of a concentration (Case M.7331 — Constellium/Tri-Arrows Aluminum Holding/Quiver Ventures) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: United States, aluminium, economic concentration, merger control, vehicle parts








C_2014258EN.01003301.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/33





Prior notification of a concentration
(Case M.7331 — Constellium/Tri-Arrows Aluminum Holding/Quiver Ventures)
Candidate case for simplified procedure
(Text with EEA relevance)
(2014/C 258/09)






1.


On 30 July 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 undertakings Constellium NV (‘Constellium’, Netherlands) and Tri-Arrows Aluminum Holding Inc. (‘Tri-Arrows’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Quiver Ventures LLC (‘Quiver Ventures’, United States), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Constellium: manufacture and sale of rolled and extruded aluminium and related products,
—   for Tri-Arrows: manufacture and sale of rolled aluminium can sheet,
—   for Quiver Ventures: newly created company based in Kentucky (United States) which will manufacture and sell aluminium flat-rolled products for automotive body-in-white.










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.7331 — Constellium/Tri-Arrows Aluminum Holding/Quiver Ventures, 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.
Euro exchange rates
Date: 2014-08-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2014258EN.01003201.xml










8.8.2014   


EN


Official Journal of the European Union


C 258/32





Euro exchange rates (1)

7 August 2014
(2014/C 258/08)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3368




JPY


Japanese yen


136,76




DKK


Danish krone


7,4556




GBP


Pound sterling


0,79400




SEK


Swedish krona


9,2334




CHF


Swiss franc


1,2150




ISK


Iceland króna


 




NOK


Norwegian krone


8,3700




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,853




HUF


Hungarian forint


315,80




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,2038




RON


Romanian leu


4,4409




TRY


Turkish lira


2,8900




AUD


Australian dollar


1,4414




CAD


Canadian dollar


1,4615




HKD


Hong Kong dollar


10,3613




NZD


New Zealand dollar


1,5783




SGD


Singapore dollar


1,6730




KRW


South Korean won


1 385,30




ZAR


South African rand


14,3322




CNY


Chinese yuan renminbi


8,2359




HRK


Croatian kuna


7,6520




IDR


Indonesian rupiah


15 769,21




MYR


Malaysian ringgit


4,2875




PHP


Philippine peso


58,798




RUB


Russian rouble


48,6417




THB


Thai baht


43,139




BRL


Brazilian real


3,0406




MXN


Mexican peso


17,6959




INR


Indian rupee


81,8556






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EU) No 865/2014 of 8 August 2014 correcting the Spanish version of Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food  Text with EEA relevance
Date: 2014-08-08
Institutions: European Commission
Subjects: adjuvant, food safety, foodstuff, health risk, market approval, packaging product, plastics, toxic substance








L_2014238EN.01000101.xml










9.8.2014   


EN


Official Journal of the European Union


L 238/1








            COMMISSION REGULATION (EU) No 865/2014
of 8 August 2014
         
correcting the Spanish version of Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (1), and in particular Article 5(1)(a), (c), (d), (e), (f), (h), (i) and (j) thereof,

Whereas:







(1)


There is an error in the Spanish version of Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food (2). Therefore a correction of the Spanish version is necessary. The other language versions are not affected.












(2)


Regulation (EU) No 10/2011 should therefore be corrected accordingly.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,





HAS ADOPTED THIS REGULATION:



Article 1

(Concerns only the Spanish version.)



Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 May 2011.




This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 8 August 2014.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 338, 13.11.2004, p. 4.

(2)  
            OJ L 12, 15.1.2011, p. 1.
Case T-589/14: Action brought on 8 August 2014  — Musso v Parliament
Date: 2014-08-08
Institutions: General Court
Subjects: administrative formalities, rights of the defence, social-security benefit








C_2014351EN.01002201.xml










6.10.2014   


EN


Official Journal of the European Union


C 351/22





Action brought on 8 August 2014 — Musso v Parliament
(Case T-589/14)
2014/C 351/28
Language of the case: French

Parties


Applicant: François Musso (Ajaccio, France) (represented by: A. Gross, lawyer)

Defendant: European Parliament

Form of order sought







—


Admit the present action and declare it well founded;










—


Annul the decision of 26 June 2014:






—


Principally, on the basis of the formal irregularity involving the lack of the President’s signature;










—


In the alternative, on the basis of infringement of the rights of the defence in that the decision of 17 July 1996 serving as the basis of the decision of 26 June 2014 was not published;










—


In the further alternative, on the basis of infringement of the adversarial principle;










—


In the further alternative, on the basis of the insufficient statement of reasons of the decision of 26 June 2014;










—


In the further alternative, on the basis of infringement of the reasonable time principle affecting the exercise of the rights of the defence;










—


In the further alternative, on the basis of infringement of the principle of acquired right;














—


Reserve to the applicant all other rights, entitlements, pleas and actions to be claimed;










—


Order the defendant to pay all the costs of the instance.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law.






1.


First plea in law, alleging a formal irregularity in the contested decision of 26 June 2014, since it was not signed by the President of the Parliament in accordance with the internal rules of the European Parliament.










2.


Second plea in law, alleging infringement of the rights of the defence of the applicant, since the decision of 17 July 1996 which served as the basis for the contested decision of 26 June 2014 was not published, in breach of Article 28 of the Rules of Procedure.










3.


Third plea in law, alleging infringement of the adversarial principle.










4.


Fourth plea in law, alleging an insufficient statement of reasons of the contested decision.










5.


Fifth plea in law, alleging infringement of the reasonable time principle, since the Parliament waited eight years before beginning the recovery proceedings against the applicant.










6.


Sixth plea in law, alleging infringement of the principle of acquired right, since the contested decision calls into question the pension rights which the applicant acquired on 3 August 1994.