do-me/EUR-LEX huggingface dataset:
Case C-414/14 P: Appeal brought on 2 September 2014 by Fundação Calouste Gulbenkian against the judgment of the General Court (Sixth Chamber) delivered on 26 June 2014 in Case T-541/11: Fundação Calouste Gulbenkian v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2014-09-02
Institutions: Court of Justice
Subjects: EU trade mark, arts, culture, education, registered trade mark, scientific research, trade-mark law








C_2015198EN.01001601.xml










15.6.2015   


EN


Official Journal of the European Union


C 198/16





Appeal brought on 2 September 2014 by Fundação Calouste Gulbenkian against the judgment of the General Court (Sixth Chamber) delivered on 26 June 2014 in Case T-541/11: Fundação Calouste Gulbenkian v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-414/14 P)
(2015/C 198/21)
Language of the case: English

Parties


Appellant: Fundação Calouste Gulbenkian (represented by: G. Macias Bonilla, G. Marín Raigal, P. López Ronda, lawyers)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Micael Gulbenkian
By order of 26 February 2015 the Court of Justice (Eighth Chamber) has dismissed the appeal and ordered Fundação Calouste Gulbenkian to bear its own costs.
Case T-647/14: Action brought on 2 September 2014 — Infusion Brands v OHMI (DUALSAW)
Date: 2014-09-02
Institutions: General Court
Subjects: EU trade mark, registered trade mark, tool industry, trade-mark law








C_2014380EN.01001902.xml










27.10.2014   


EN


Official Journal of the European Union


C 380/19





Action brought on 2 September 2014 — Infusion Brands v OHMI (DUALSAW)
(Case T-647/14)
2014/C 380/26
Language of the case: English

Parties


Applicant: Infusion Brands, Inc. (Myer Lake Circle Clearwater, United States) (represented by: K. Piepenbrink, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2014 given in Case R 397/2014-4;










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Community trade mark concerned: The figurative mark in white, black and green containing the verbal element ‘DUALSAW’ for goods and services in Classes 7, 8 and 35 — Community trade mark application No 1 2 0 27  561

Decision of the Examiner: Partially rejected the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b), (c) and 7(2) of Regulation No 207/2009.
Council Decision of 2 September 2014 adopting the Council's position on the draft general budget of the European Union for the financial year 2015
Date: 2014-09-02
Institutions: Council of the European Union
Subjects: EU expenditure, budget appropriation, draft budget (EU), general budget (EU), revenue








C_2014295EN.01000101.xml










3.9.2014   


EN


Official Journal of the European Union


C 295/1





COUNCIL DECISION
of 2 September 2014
adopting the Council's position on the draft general budget of the European Union for the financial year 2015
(2014/C 295/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,
Whereas:






1.


on 25 June 2014, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2015 (1),










2.


the Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (2), and, on the expenditure side, with Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014‐2020 (3),




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on the draft general budget of the European Union for the financial year 2015 was adopted by the Council on 2 September 2014.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, on 2 September 2014.


For the Council


The President

S. GOZI




(1)  COM(2014) 300 final.

(2)  OJ L 163, 23.6.2007, p. 17.

(3)  OJ L 347, 20.12.2013, p. 884.
Prior notification of a concentration (Case M.7351 — Henkel/Spotless Group)  Text with EEA relevance
Date: 2014-09-02
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control








C_2014293EN.01001601.xml










2.9.2014   


EN


Official Journal of the European Union


C 293/16





Prior notification of a concentration
(Case M.7351 — Henkel/Spotless Group)
(Text with EEA relevance)
2014/C 293/07






1.


On 25 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 Henkel AG & Co. KGaA, (‘Henkel’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Spotless Group SAS, (‘Spotless’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Henkel: production and supply of laundry and home care products with focus on laundry detergents, fabric softeners and certain household cleaners, production and supply of beauty care and adhesives technologies products,
—   for Spotless: manufacture of laundry additives, household care and shoe care products, insecticides, glass lens cleaners, septic tank care as well as plant and pet care products.










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.7351 — Henkel/Spotless Group, 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’).
Prior notification of a concentration (Case M.7299 — COFCO/Nidera) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-09-02
Institutions: European Commission
Subjects: China, agri-foodstuffs, economic concentration, merger control, seed








C_2014293EN.01001401.xml










2.9.2014   


EN


Official Journal of the European Union


C 293/14





Prior notification of a concentration
(Case M.7299 — COFCO/Nidera)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 293/05






1.


On 25 August 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 COFCO Corporation (‘COFCO’, China) acquires within the meaning of the Article 3(1)(b) of the Merger Regulation sole control of Nidera Capital BV (‘Nidera’, the Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for COFCO: large supplier of diversified products and services in the agricultural products and food industry in China,
—   for Nidera: origination, processing, merchandising, trading, handling, storage and shipment of agricultural commodities and bio-energy products. In addition, Nidera distributes agricultural inputs (seeds, nutrients and crop protection), invests in research & development and produces agronomic seeds.










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.7299 — COFCO/Nidera, 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: 2014-09-02
Institutions: European Commission
Subjects: euro, exchange rate








C_2014293EN.01001201.xml










2.9.2014   


EN


Official Journal of the European Union


C 293/12





Euro exchange rates (1)

1 September 2014
2014/C 293/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3133




JPY


Japanese yen


136,97




DKK


Danish krone


7,4494




GBP


Pound sterling


0,79025




SEK


Swedish krona


9,1921




CHF


Swiss franc


1,2072




ISK


Iceland króna


 




NOK


Norwegian krone


8,1330




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,738




HUF


Hungarian forint


314,25




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,2082




RON


Romanian leu


4,3960




TRY


Turkish lira


2,8367




AUD


Australian dollar


1,4059




CAD


Canadian dollar


1,4266




HKD


Hong Kong dollar


10,1783




NZD


New Zealand dollar


1,5660




SGD


Singapore dollar


1,6404




KRW


South Korean won


1 330,20




ZAR


South African rand


14,0027




CNY


Chinese yuan renminbi


8,0679




HRK


Croatian kuna


7,6135




IDR


Indonesian rupiah


15 390,36




MYR


Malaysian ringgit


4,1495




PHP


Philippine peso


57,115




RUB


Russian rouble


48,9815




THB


Thai baht


41,993




BRL


Brazilian real


2,9375




MXN


Mexican peso


17,1822




INR


Indian rupee


79,5006






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.7331 — Constellium/Tri-Arrows Aluminum Holding/Quiver Ventures)  Text with EEA relevance
Date: 2014-09-02
Institutions: European Commission
Subjects: United States, aluminium, economic concentration, merger control, vehicle parts








C_2014293EN.01001101.xml










2.9.2014   


EN


Official Journal of the European Union


C 293/11





Non-opposition to a notified concentration
(Case M.7331 — Constellium/Tri-Arrows Aluminum Holding/Quiver Ventures)
(Text with EEA relevance)
2014/C 293/02
On 26 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 32014M7331. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-646/14: Action brought on 2 September 2014 — Micula a.o. v Commission
Date: 2014-09-02
Institutions: General Court
Subjects: Romania, State aid, control of State aid, court of arbitration, international law, powers of the institutions (EU), restriction on competition








C_2014439EN.01002902.xml










8.12.2014   


EN


Official Journal of the European Union


C 439/29





Action brought on 2 September 2014 — Micula a.o. v Commission
(Case T-646/14)
(2014/C 439/40)
Language of the case: English

Parties


Applicants: Ioan Micula (Oradea, Romania); S.C. European Food SA (Drăgăneşti Romania); S.C. Starmill Srl (Drăgăneşti); S.C. Multipack Srl (Drăgăneşti); Viorel Micula (Oradea) (represented by: K. Hobér, J. Ragnwaldh, T. Pettersson, E. Gaillard and Y. Banifatemi, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul the decision C(2014) 3192 final of 26 May 2014 issued in Case State aid SA.38517 (2014/NN) — Micula v Romania (ICSID arbitration award) ordering Romania to suspend any action which may lead to the execution or implementation of the award of 11 December 2013 rendered by an Arbitral Tribunal established under the auspices of the International Centre for Settlement of Investment Disputes in the case Ioan Micula, Viorel Micula and others v. Romania (ICSID Case No. ARB/05/20), as the Commission considers that the execution of the award constitutes unlawful State aid, until the Commission has taken a final decision on the compatibility of that State aid with the internal market;










—


award the applicants the costs of the action.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, alleging a lack of competence.






—


EU law is not applicable to the case and the Commission lacks the competence to issue a decision under Article 11(1) of Regulation no 659/1999. The Commission’s decision fails to acknowledge that Romania is obligated by international law to execute the ICSID award without delay and that Romania’s international law obligations take primacy over EU law. The Commission’s decision infringes Article 351(1) TFEU and Article 4(3) TEU, which recognise and protect Romania’s obligations under the ICSID Convention and under the Sweden-Romania Bilateral Investment Treaty.














2.


Second plea in law, alleging a manifest error of law and assessment.






—


The Commission erred in law by wrongly categorising the execution of the ICSID award as a new State aid measure and violated the applicants’ legitimate expectations. The Commission’s entire decision is based on the incorrect assumption that the execution of the ICSID award constitutes State aid under EU law. The ICSID award neither gives an economic advantage to the applicants, nor does it constitute a selective measure, nor a voluntary measure that is imputable to Romania, nor does it distort or threaten to distort competition.
Prior notification of a concentration (Case M.7386 — KKR/Riverstone/Trinity) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-09-02
Institutions: European Commission
Subjects: economic concentration, energy industry, investment company, merger control








C_2014293EN.01001701.xml










2.9.2014   


EN


Official Journal of the European Union


C 293/17





Prior notification of a concentration
(Case M.7386 — KKR/Riverstone/Trinity)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 293/08






1.


On 26 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 KKR & Co. L.P. (‘KKR’, USA) and Riverstone Holdings LLC (‘Riverstone’, USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Trinity River Energy LLC (‘Trinity’, USA) by way of purchase of shares in a newly created company constituting a joint venture. Trinity will consist of a combination of the existing assets held by KKR Natural Resources Funds (‘KNR’, USA), which is controlled by KKR, and the existing assets held by Legend Production Holdings LLC (‘Legend’, USA), which is controlled by Riverstone.










2.


The business activities of the undertakings concerned are:






—


KKR is active in the provision of a broad rage of asset management services.










—


KNR is an investment platform of KKR dedicated to investing in unconventional oil and gas assets.










—


Riverstone is a private equity firm focused on investments related to energy and power.










—


Legend is active in the acquisition and development of long-lived oil and natural gas properties primarily in the basins around Texas.










—


Trinity will hold the combined assets and business activities of KNR and Legend.














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 this 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 M.7386 — KKR/Riverstone/Trinity, 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.
Prior notification of a concentration (Case M.7371 — Nordic Capital/Lindorff) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-09-02
Institutions: European Commission
Subjects: economic concentration, investment company, merger control








C_2014293EN.01001501.xml










2.9.2014   


EN


Official Journal of the European Union


C 293/15





Prior notification of a concentration
(Case M.7371 — Nordic Capital/Lindorff)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 293/06






1.


On 26 August 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 Nordic Capital VIII Limited (‘Nordic Capital’, Jersey) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertakings Indif AB, Lindorff Institutional Management AB, Lindorff Coinvest AB and Lindorff AB (together the ‘Lindorff Group’, Sweden) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   Nordic Capital: a private equity fund with investments in a variety of sectors,
—   Lindorff Group: provision of factoring 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 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.7371 — Nordic Capital/Lindorff, 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 F-88/14: Action brought on 2 September 2014  — ZZ and Others v Commission
Date: 2014-09-02
Institutions: Civil Service Tribunal
Subjects: European official, paid leave, staff regulations (EU)








C_2015007EN.01004801.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/48





Action brought on 2 September 2014 — ZZ and Others v Commission
(Case F-88/14)
(2015/C 007/55)
Language of the case: French

Parties


Applicants: ZZ and Others (represented by: Sébastien Orlandi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Declaration of the inapplicability of Article 6 of Annex X to the Staff Regulations, as amended by Article 1(70) of

Form of order sought







—


Declare Article 6 of Annex X to the Staff Regulations unlawful;










—


Annul decisions reducing the applicants’ annual leave as from 2014;










—


Order the Commission to pay the costs.