do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7370 — INEOS / Styrolution) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-09-16
Institutions: European Commission
Subjects: chemical product, economic concentration, merger control, petroleum product








C_2014316EN.01000301.xml










16.9.2014   


EN


Official Journal of the European Union


C 316/3





Prior notification of a concentration
(Case M.7370 — INEOS / Styrolution)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 316/03






1.


On 9 September 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 INEOS AG (‘Ineos’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Styrolution Holding GmbH (‘Styrolution’, Germany), by way of purchase of shares. Styrolution is currently jointly controlled by Ineos and BASF.










2.


The business activities of the undertakings concerned are:
—   for Ineos: manufacture of petrochemicals, specialty chemicals and oil products,
—   for Styrolution: production of styrene monomer, polystyrene and acrylonitrile-butadiene-styrene, together with certain minor related 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. 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number Case M.7370 — INEOS / Styrolution, 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.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2014-09-16
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, tobacco








C_2014316EN.01000201.xml










16.9.2014   


EN


Official Journal of the European Union


C 316/2





Explanatory Notes to the Combined Nomenclature of the European Union
2014/C 316/02
Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 100, point 4 of the Explanatory Notes to subheading ‘2401 30 00 Tobacco refuse’ is replaced by the following:








‘4.


Tobacco dust (waste by-product obtained by sieving the refuse mentioned above).’.






On page 102, point 2 of the Explanatory Notes to subheading ‘2403 99 90 Other’ is replaced by the following:








‘2.


Tobacco powder (generally obtained by a process, e.g. grinding, resulting in a specific particle size distribution). There should be no impurities and the particle size should be under 0,4 mm;’.






On page 102, point 4 of the Explanatory Notes to subheading ‘2403 99 90 Other’ is replaced by the following:








‘4.


Expanded tobacco which was not cut or otherwise split.’.







(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 137, 6.5.2011, p. 1.
Commission Regulation (EU) No 980/2014 of 16 September 2014 establishing a prohibition of fishing for skates and rays in Union waters of IIa and IV by vessels flying the flag of France
Date: 2014-09-16
Institutions: European Commission
Subjects: EU waters, France, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2014276EN.01004301.xml










18.9.2014   


EN


Official Journal of the European Union


L 276/43








            COMMISSION REGULATION (EU) No 980/2014
of 16 September 2014
         
establishing a prohibition of fishing for skates and rays in Union waters of IIa and IV by vessels flying the flag of France


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 43/2014 (2) lays down quotas for 2014.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2014 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2014.


For the Commission,


On behalf of the President,

Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).




ANNEX






No


25/TQ43




Member State


France




Stock


SRX/2AC4-C




Species


Skates and rays (Rajiformes)




Zone


Union waters of IIa and IV




Closing date


22.8.2014
Case T-666/14: Action brought on 16 September 2014 — Monster Energy v OHIM (GREEN BEANS)
Date: 2014-09-16
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2015127EN.01002901.xml










20.4.2015   


EN


Official Journal of the European Union


C 127/29





Action brought on 16 September 2014 — Monster Energy v OHIM (GREEN BEANS)
(Case T-666/14)
(2015/C 127/40)
Language of the case: English

Parties


Applicant: Monster Energy Company (Corona, United States of America) (represented by: P. Brownlow, Solicitor)

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

Details of the proceedings before OHIM


Trade mark at issue: Community word mark ‘GREEN BEANS’ — Application for registration No 11 410 801

Contested decision: Decision of the First Board of Appeal of OHIM of 2 December 2013 in Case R 1530/2013-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs.





Plea(s) in law







—


Infringement of Articles 7(1)(b) and 7(1)(c) of Regulation No 207/2009.
Case T-683/14 P: Appeal brought on 16 September 2014 by Rhys Morgan against the judgment of the Civil Service Tribunal of 8 July 2014 in Case F-26/13, Morgan v OHIM
Date: 2014-09-16
Institutions: General Court
Subjects: European official, abuse of power, damages, equal treatment, staff assessment








C_2014431EN.01003301.xml










1.12.2014   


EN


Official Journal of the European Union


C 431/33





Appeal brought on 16 September 2014 by Rhys Morgan against the judgment of the Civil Service Tribunal of 8 July 2014 in Case F-26/13, Morgan v OHIM
(Case T-683/14 P)
(2014/C 431/56)
Language of the case: English

Parties


Appellant: Rhys Morgan (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought by the appellant

The appellant claims that the Court should:






—


annul the judgment of the Civil Service Tribunal of 8 July 2014 in Case F-26/13;










—


annul the Appraisal Report issued to the appellant in respect of the period from 1 October 2010 to 30 September 2011;










—


order OHIM to pay an adequate compensation in the discretion of the Court — not below an amount EUR 500 — to the appellant for the moral and immaterial damages suffered by the appellant as a result of the aforesaid Appraisal Report;










—


order OHIM to pay the costs as regards the proceedings in the Civil Service Tribunal and in the General Court.





Pleas in law and main arguments

In support of the appeal, the appellant relies on five pleas in law.






1.


First plea in law, alleging that the Civil Service Tribunal erred in failing to recognize that a general assessment must be based on the official’s performance during the appraisal period as a whole.










2.


Second plea in law, alleging that the Civil Service Tribunal erred in failing to recognize the gravity of the procedural violations committed by OHIM.










3.


Third plea in law, alleging that the Civil Service Tribunal committed an error when appreciating the plea in law alleging infringement of the principle of protection of legitimate expectations.










4.


Fourth plea in law, alleging that the Civil Service Tribunal committed errors when appreciating the plea in law alleging infringement of the principle of equal treatment.










5.


Fifth plea in law, alleging that the Civil Service Tribunal failed to evaluate properly, or even to examine, the evidence in relation to the plea of misuse of powers.