do-me/EUR-LEX huggingface dataset:
Case T-771/14: Action brought on 21 November 2014  — ANKO v Commission
Date: 2014-11-21
Institutions: General Court
Subjects: contractual liability, cost analysis, misuse of a right, payment, principle of proportionality, works contract








C_2015065EN.01003601.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/36





Action brought on 21 November 2014 — ANKO v Commission
(Case T-771/14)
(2015/C 065/50)
Language of the case: Greek

Parties


Applicant: ANKO Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare that the sum of EUR 2 96  149,77, which the Commission paid to the applicant in respect of the DOC@HAND project, constitutes eligible costs and that accordingly the applicant is under no obligation to repay that sum as unduly paid; and










—


order the Commission to pay the applicant’s legal costs.





Pleas in law and main arguments

This action concerns the liability of the Commission under the agreement No 508015 for the performance of the DOC@HAND project, under Article 272 TFEU. In particular, the applicant maintains that, although it performed its contractual obligations, the Commission, contrary to the terms of that agreement, the principle of good faith, the prohibition of abuse of rights and the principle of proportionality, sought the recovery of sums paid to ΑΝΚΟ as not being eligible costs.
For that reason, the applicant maintains, first, that the Commission relies on wholly unfounded and in any event unproven grounds in order to reject almost all the costs incurred by ANKO as being ineligible and to seek the repayment of the sum paid to ΑΝΚΟ in respect of the DOC@HAND project. The applicant maintains, second, that the Commission, in rejecting 99,59 % of the contribution it is obliged to pay, because that allegedly did not correspond to eligible costs, which the applicant incurred for the requirements of the project, infringes the principles of the prohibition of abuse of rights and of proportionality.
Case T-697/13: Order of the General Court of 21 November 2014  — Kinnarps v OHIM (MAKING LIFE BETTER AT WORK) (Community trade mark — Application for Community word mark MAKING LIFE BETTER AT WORK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly unfounded in law and in part manifestly inadmissible)
Date: 2014-11-21
Institutions: General Court
Subjects: EU trade mark, furniture industry, registered trade mark, trade-mark law








C_2015056EN.01001802.xml










16.2.2015   


EN


Official Journal of the European Union


C 56/18





Order of the General Court of 21 November 2014 — Kinnarps v OHIM (MAKING LIFE BETTER AT WORK)
(Case T-697/13) (1)

((Community trade mark - Application for Community word mark MAKING LIFE BETTER AT WORK - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Action in part manifestly unfounded in law and in part manifestly inadmissible))
(2015/C 056/25)
Language of the case: Swedish

Parties


Applicant: Kinnarps AB (Kinnarp, Sweden) (represented by: M. Wahlin, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Melander and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 October 2013 (Case R 2272/2012-2) concerning an application for registration of the word sign MAKING LIFE BETTER AT WORK as a Community trade mark.

Operative part of the order







1.


The action is dismissed.










2.


Kinnarps AB is ordered to pay the costs.






(1)  OJ C 93, 29.3.2014.
New national side of euro coins intended for circulation
Date: 2014-11-21
Institutions: European Commission
Subjects: Germany, commemoration, euro, issuing of currency








C_2014417EN.01000701.xml










21.11.2014   


EN


Official Journal of the European Union


C 417/7





New national side of euro coins intended for circulation
2014/C 417/05




National side of the new commemorative 2-euro coin intended for circulation and issued by Germany

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Germany


Subject of commemoration
: 25 years of German Unity


Description of the design
: The people in the foreground, who embody a new beginning and the advance towards a better future, are standing in front of the Brandenburg Gate, symbol of German unity. The rendering of the statement Wir sind ein Volk (‘we are one people’) — a collective expression of will by German citizens – represents the path forwards towards German reunification. The inner part also features the mint mark of the respective mint (‘A’, ‘D’, ‘F’, ‘G’ or ‘J’) as well as the issuing country’s country code ‘D’ and the engraver’s mark (the initials ‘BW’ — Bernd Wendhut).
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 30 million


Date of issue
: 


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Prior notification of a concentration (Case M.7437 — Blackstone/TPG/Kensington) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-11-21
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, mortgage








C_2014417EN.01001101.xml










21.11.2014   


EN


Official Journal of the European Union


C 417/11





Prior notification of a concentration
(Case M.7437 — Blackstone/TPG/Kensington)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 417/08






1.


On 11 November 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 Blackstone Group L.P. (‘Blackstone’, United States) and Koala HoldCo, LLC affiliated with TPG Global, LLC and TPG Special Situations Partners, LLC (‘TPG’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Kensington Group plc and certain Investec Bank plc assets (‘Kensington’, the United Kingdom), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   Blackstone: global alternative asset manager and provider of financial advisory services,
—   TPG: global private investment firm,
—   Kensington: residential mortgage lender based in the United Kingdom.










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.7437 — Blackstone/TPG/Kensington, 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: 2014-11-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2014417EN.01000501.xml










21.11.2014   


EN


Official Journal of the European Union


C 417/5





Euro exchange rates (1)

20 November 2014
2014/C 417/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2539




JPY


Japanese yen


148,25




DKK


Danish krone


7,4437




GBP


Pound sterling


0,79890




SEK


Swedish krona


9,2790




CHF


Swiss franc


1,2014




ISK


Iceland króna


 




NOK


Norwegian krone


8,4920




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,657




HUF


Hungarian forint


304,62




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,2140




RON


Romanian leu


4,4426




TRY


Turkish lira


2,7954




AUD


Australian dollar


1,4565




CAD


Canadian dollar


1,4200




HKD


Hong Kong dollar


9,7247




NZD


New Zealand dollar


1,5964




SGD


Singapore dollar


1,6327




KRW


South Korean won


1 396,94




ZAR


South African rand


13,7811




CNY


Chinese yuan renminbi


7,6824




HRK


Croatian kuna


7,6755




IDR


Indonesian rupiah


15 234,24




MYR


Malaysian ringgit


4,2218




PHP


Philippine peso


56,510




RUB


Russian rouble


58,2030




THB


Thai baht


41,147




BRL


Brazilian real


3,2002




MXN


Mexican peso


17,0584




INR


Indian rupee


77,6540






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.7217 — Facebook/WhatsApp)  Text with EEA relevance
Date: 2014-11-21
Institutions: European Commission
Subjects: economic concentration, merger control, software, virtual community








C_2014417EN.01000401.xml










21.11.2014   


EN


Official Journal of the European Union


C 417/4





Non-opposition to a notified concentration
(Case M.7217 — Facebook/WhatsApp)
(Text with EEA relevance)
2014/C 417/02
On 3 October 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 32014M7217. 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.7270 — Český Aeroholding/Travel Service/České aerolinie)  Text with EEA relevance
Date: 2014-11-21
Institutions: European Commission
Subjects: air transport, economic concentration, merger control








C_2014417EN.01001201.xml










21.11.2014   


EN


Official Journal of the European Union


C 417/12





Prior notification of a concentration
(Case M.7270 — Český Aeroholding/Travel Service/České aerolinie)
(Text with EEA relevance)
2014/C 417/09






1.


On 14 November 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which Travel Service, a.s. (‘Travel Service’) and Český Aeroholding, a.s. (‘CAH’) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of České aerolinie a.s. (‘CSA’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Travel Service: Travel Service is a Czech carrier that provides schedulded air transport of passengers and air transport of cargo under the brand name ‘Smart Wings’;
—   for CAH: Český Aeroholding is a state-owned holding company which owns shares in selected companies engaged in the air transport sector and related ground services;
—   for CSA: České aerolinie is the Czech national carrier with core business in schedulded air transport of passengers and air transport of cargo.










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.7270 — Český Aeroholding/Travel Service/České aerolinie, 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’).
New national side of euro coins intended for circulation
Date: 2014-11-21
Institutions: European Commission
Subjects: Germany, commemoration, euro, issuing of currency








C_2014417EN.01000601.xml










21.11.2014   


EN


Official Journal of the European Union


C 417/6





New national side of euro coins intended for circulation
2014/C 417/04




National side of the new commemorative 2-euro coin intended for circulation and issued by Germany

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Germany


Subject of commemoration
: Niedersachsen from the ‘Lander’ series


Description of the design
: The desigh shows the Church of St. Michael in Hildesheim, Lower Saxony which has been on the Unesco World Cultural Heritage list since 1985. At the top the year of issuance ‘2014’ and at the left the mintmark (A, D, F, G, J). At the bottom, the inscription ‘NIEDERSACHSEN’ and underneath the indication of the issuing country ‘D’. At the top right, the initials of the engraver OE (Ott Erich).
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 30 million


Date of issue
: January 2014


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Commission Regulation (EU) No 1256/2014 of 21 November 2014 establishing a prohibition of fishing for skates and rays in Union waters of IIa and IV by vessels flying the flag of The Netherlands
Date: 2014-11-21
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2014337EN.01005101.xml










25.11.2014   


EN


Official Journal of the European Union


L 337/51








            COMMISSION REGULATION (EU) No 1256/2014
of 21 November 2014
         
establishing a prohibition of fishing for skates and rays in Union waters of IIa and IV by vessels flying the flag of The Netherlands


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, 21 November 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


74/TQ43




Member State


The Netherlands




Stock


SRX/2AC4-C




Species


Skates and rays (Rajiformes)





Zone


Union waters of IIa and IV




Closing date


10.11.2014
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the EC Treaty (General Block Exemption Regulation)  Text with EEA relevance
Date: 2014-11-21
Institutions: European Commission
Subjects: Northern Ireland, State aid, United Kingdom, aid to agriculture, control of State aid, financial aid








C_2014418EN.01002301.xml










21.11.2014   


EN


Official Journal of the European Union


C 418/23





Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the EC Treaty (General Block Exemption Regulation)
(Text with EEA relevance)
2014/C 418/03







Aid number


SA.37738 (2013/X)




Member State


United Kingdom




Member State reference number


 




Name of the Region (NUTS)


NORTHERN IRELAND
Article 107(3)(c)




Granting authority







Department of Agriculture and Rural Development




Research Challenge Fund Team




Department of Agriculture and Rural Development




Room 359, Dundonald House




Upper Newtownards Road




BELFAST BT4 3SB




http://www.dardni.gov.uk








Title of the aid measure


Department of Agriculture and Rural Development Research Challenge Fund (Northern Ireland) 2013 — 2016




National legal basis (Reference to the relevant national official publication)


Section 2(1) of the European Communities Act 1972
Section 7(1)(a) of the Northern Ireland Act 1998




Type of measure


Scheme




Amendment of an existing aid measure


 




Duration


01.11.2013 — 31.10.2016




Economic sector(s) concerned


AGRICULTURE; FORESTRY AND FISHING




Type of beneficiary


SME, large enterprise




Annual overall amount of the budget planned under the scheme


GBP 1 (in millions)




For guarantees


GBP 0.00 (in millions)




Aid Instrument (Art. 5)


Direct grant




Reference to the Commission decision


—




If co-financed by Community funds


 




Objectives


Maximum aid intensity in % or Maximum aid amount in national currency


SME-bonuses in %




Industrial research (Art. 31(2)(b))


50 %


 




Experimental development (Art. 31(2)(c))


50 %


 




Web link to the full text of the aid measure:
http://www.dardni.gov.uk/index/education-and-research/dard-research/research-challenge-fund.htm