do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7572 — OG Capital/Kem One Innovative Vinyls) (Text with EEA relevance)
Date: 2015-06-12
Institutions: European Commission
Subjects: economic concentration, holding company, merger control, plastics industry








C_2015194EN.01001401.xml










12.6.2015   


EN


Official Journal of the European Union


C 194/14





Prior notification of a concentration
(Case M.7572 — OG Capital/Kem One Innovative Vinyls)
(Text with EEA relevance)
(2015/C 194/05)






1.


On 3 June 2015, 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 the undertaking OpenGate Capital Group Europe SARL (‘OGCGE’, Luxembourg) belonging to the OpenGate Capital Group (‘OGC’, the US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Kem One Innovative Vinyls SAS (‘KOIV’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   OGC: specialised in carve-out transactions, i.e. acquiring divisions or subsidiaries of groups which are not at the core of their business and which are sold in the context of an economic rationalisation process. Through some of its subsidiaries, OGC is active in the S-PVC compounds and the PVC building systems markets.
—   KOIV: holding company of companies active in the manufacturing of ready-for-use specialty S-PVC compounds, together with stabilizers for compounds and the manufacturing of PVC building systems.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7572 — OG Capital/Kem One Innovative Vinyls, 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’).
Corrigendum to Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (OJ L 159, 28.5.2014)
Date: 2015-06-12
Institutions: Council of the European Union, European Parliament
Subjects: cultural object, heritage protection, illicit trade, prevention of delinquency, public property




L_2015147EN.01002401.xml










12.6.2015   


EN


Official Journal of the European Union


L 147/24







Corrigendum to Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012

(
Official Journal of the European Union L 159 of 28 May 2014
)


On contents page and page 1, title:
for:


                        ‘Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast)’,

read:


                        ‘Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 (Recast) (Text with EEA relevance)’;

on page 6, Article 17(1):
for:


‘1.   By 18 December 2015 and every five years thereafter, …’,


read:


‘1.   By 18 December 2020 and every five years thereafter, …’.
Decision (EU, Euratom) 2015/934 of the Representatives of the Governments of the Member States of 12 June 2015 appointing an Advocate-General to the Court of Justice
Date: 2015-06-12
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








L_2015151EN.01002401.xml










18.6.2015   


EN


Official Journal of the European Union


L 151/24








            DECISION (EU, Euratom) 2015/934 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 12 June 2015
         
appointing an Advocate-General to the Court of Justice


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


The terms of office of 14 Judges and four Advocates-General at the Court of Justice are due to expire on 6 October 2015. In addition, Council Decision 2013/336/EU (1) increased the number of Advocates-General of the Court of Justice to 11, with effect from 7 October 2015. Appointments should therefore be made for the period from 7 October 2015 to 6 October 2021.












(2)


Mr Michal BOBEK has been nominated for the post of Advocate-General of the Court of Justice.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Michal BOBEK to perform the duties of Advocate-General of the Court of Justice,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Michal BOBEK is hereby appointed Advocate-General to the Court of Justice for the period from 7 October 2015 to 6 October 2021.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 12 June 2015.


The President

I. JUHANSONE
            





(1)  Council Decision 2013/336/EU of 25 June 2013 increasing the number of Advocates-General of the Court of Justice of the European Union (OJ L 179, 29.6.2013, p. 92).
Case T-334/12: Judgment of the General Court of 12 June 2015 — Plantavis and NEM v Commission and EFSA (Consumer protection — Health claims made on foods — Regulation (EU) No 432/2012 — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Regulation (EC) No 1924/2006 — Plea of illegality — Register of health claims)
Date: 2015-06-12
Institutions: General Court
Subjects: advertising malpractice, consumer information, equal treatment, food industry, labelling, nutrition








C_2015245EN.01001501.xml










27.7.2015   


EN


Official Journal of the European Union


C 245/15





Judgment of the General Court of 12 June 2015 — Plantavis and NEM v Commission and EFSA
(Case T-334/12) (1)

((Consumer protection - Health claims made on foods - Regulation (EU) No 432/2012 - Action for annulment - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Regulation (EC) No 1924/2006 - Plea of illegality - Register of health claims))
(2015/C 245/18)
Language of the case: German

Parties


Applicants: Plantavis GmbH (Berlin, Germany); and NEM, Verband mittelständischer europäischer Hersteller und Distributoren von Nahrungsergänzungsmitteln & Gesundheitsprodukten eV (Laudert, Germany) (represented by: T. Büttner, lawyer)

Defendants: European Commission (represented by: L. Pignataro-Nolin and S. Grünheid, acting as Agents); and European Food Safety Authority (EFSA) (represented by: D. Detken, acting as Agent, and by R. Van der Hout and A. Köhler, lawyers)

Intervener in support of the defendant European Commission: European Parliament (represented by: J. Rodrigues and P. Schonard, acting as Agents)

Intervener in support of the defendants, European Commission and EFSA: Council of the European Union (represented by: M. Simm and I. Šulce, acting as Agents)

Re:

Application for annulment, first, of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9), and, secondly, of Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (OJ 2012 L 136, p. 1), and of the Register of nutrition and health claims made on food, published on the website of the Commission.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Plantavis GmbH and NEM, Verband mittelständischer europäischer Hersteller und Distributoren von Nahrungsergänzungsmitteln & Gesundheitsprodukten eV to bear their own costs and, in addition, to pay the costs incurred by the European Commission and the European Food Safety Authority (EFSA);










3.


Orders the Council of the European Union and the European Parliament to bear their own costs.






(1)  OJ C 311, 13.10.2012.
Case C-287/15: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 12 June 2015 — Società LIS Srl, Società Cerutti Lorenzo Srl v Abbanoa SpA
Date: 2015-06-12
Institutions: Court of Justice
Subjects: approximation of laws, composition, financial solvency, judicial proceedings, public contract, right of establishment








C_2015302EN.01001502.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/15





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 12 June 2015 — Società LIS Srl, Società Cerutti Lorenzo Srl v Abbanoa SpA
(Case C-287/15)
(2015/C 302/20)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellants: Società LIS Srl, Società Cerutti Lorenzo Srl

Respondent: Abbanoa SpA

Questions referred









1.


Is it compatible with Article 45(2)(a) and (b) of Directive 2004/18/EC of 31 March 2004 (1) for a debtor which has merely made a request to the competent judicial body to enter into an arrangement with creditors to be regarded as being the subject of proceedings?












2.


Is it compatible with the abovementioned provision for the fact that the debtor has declared that it is in a state of insolvency and wishes to submit a preliminary request (the features of which are described above) to enter into an arrangement with creditors to be regarded as grounds for excluding a debtor from a public tendering procedure, thereby interpreting broadly the concept of being ‘the subject of proceedings’ established by the provisions of Community law (Article 45 of the directive) and of national law (Article 38 of Legislative Decree No 163/2006) law, cited above?












3.


Is a provision such as that of Article 53(3) of Legislative Decree No 163 of 16 April 2006, analysed above, that allows the participation of an undertaking with a ‘named’ design engineer which, since it is not a itself a tenderer, may not, according to national case-law, rely on the capacity of others, compatible with Article 48 of Directive 2004/18/EC of 31 March 2004?






(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).
Corrigendum to Commission Implementing Regulation (EU) 2015/608 of 14 April 2015 amending Regulation (EC) No 798/2008 as regards the entries for Ukraine and Israel in the list of third countries, the approval of the control programme of Ukraine for Salmonella in laying hens, the veterinary certification requirements concerning Newcastle disease and processing requirements for egg products (OJ L 101, 18.4.2015)
Date: 2015-06-12
Institutions: European Commission
Subjects: Israel, Ukraine, animal disease, egg product, health certificate, import (EU), poultry, veterinary inspection








L_2015147EN.01002402.xml










12.6.2015   


EN


Official Journal of the European Union


L 147/24







Corrigendum to Commission Implementing Regulation (EU) 2015/608 of 14 April 2015 amending Regulation (EC) No 798/2008 as regards the entries for Ukraine and Israel in the list of third countries, the approval of the control programme of Ukraine for Salmonella in laying hens, the veterinary certification requirements concerning Newcastle disease and processing requirements for egg products

(
Official Journal of the European Union L 101 of 18 April 2015
)


On page 20, model veterinary certificate DOC, point II.2.1, third paragraph:
for:


                  ‘For reasons other than the Salmonella control programme, within the last three weeks prior to import:’,

read:


                  ‘For reasons other than the Salmonella control programme:’.
Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply
Date: 2015-06-12
Institutions: Council of the European Union
Subjects: Guinea, economic sanctions, international sanctions, legal person, natural person, peace, public safety








C_2015194EN.01000201.xml










12.6.2015   


EN


Official Journal of the European Union


C 194/2





Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2012/285/CFSP and Council Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply
(2015/C 194/02)
The following information is brought to the attention of the persons that appear in Annexes II and III to Council Decision 2012/285/CFSP (1) and in Annex I to Council Regulation (EU) No 377/2012 (2) concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau.
The Council of the European Union, after having reviewed the list of persons designated in the abovementioned Annexes, has determined that the restrictive measures provided for in Decision 2012/285/CFSP and in Regulation (EU) No 377/2012 should continue to apply to those persons.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites listed in Annex II to Regulation (EU) No 377/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, by 30 April 2016, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu




Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 5(2) of Decision 2012/285/CFSP and Article 11(4) of Regulation (EU) No 377/2012.


(1)  OJ L 142, 1.6.2012, p. 36.

(2)  OJ L 119, 4.5.2012, p. 1.
Case T-313/15: Action brought on 12 June 2015 — Italy v Commission
Date: 2015-06-12
Institutions: General Court
Subjects: EPSO, administrator, candidate, competition (EU), linguistic discrimination, official language, principle of proportionality








C_2015262EN.01003501.xml










10.8.2015   


EN


Official Journal of the European Union


C 262/35





Action brought on 12 June 2015 — Italy v Commission
(Case T-313/15)
(2015/C 262/47)
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: P. Gentili, avvocato dello Stato, and G. Palmieri, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the notice of Competition EPSO/AD/301/15 — Administrators (AD 5);










—


order the Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments are those relied on in Case T-17/15 Italy v Commission (OJ 2015 C 81, p. 27).
Case C-295/15 P: Appeal brought on 12 June 2015 by Matratzen Concord GmbH against the judgment of the General Court (Sixth Chamber) delivered on 16 April 2015 in Case T-258/13 Matratzen Concord v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2015-06-12
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, textile product, trade-mark law








C_2015302EN.01001701.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/17





Appeal brought on 12 June 2015 by Matratzen Concord GmbH against the judgment of the General Court (Sixth Chamber) delivered on 16 April 2015 in Case T-258/13 Matratzen Concord v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-295/15 P)
(2015/C 302/22)
Language of the case: German

Parties


Appellant: Matratzen Concord GmbH (represented by: I. Selting, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), KBT & Co. Ernst Kruchen agenzia commerciale sociétá in accomandita

Form of order sought

The appellant claims that the Court of Justice should:






—


set aside the decision of the Sixth Chamber of the General Court of 16 April 2015 in Case T-258/13 concerning the cancellation of the Community trade mark 281 86 80 ‘Arktis’ due to lack of genuine use;










—


order the respondent to pay the costs of the proceedings including the costs incurred in the course of the proceedings.





Pleas in law and main arguments

The appellant alleges the following errors of law in the decision of the General Court:
The General Court wrongly took into account the sales figures of the company Breiding in favour of the contested mark. The number of items sold by the company Breiding during the period at issue from 2006 to 2009 should not have been taken into account.
When examining the genuine use, the General Court wrongly took into account not the goods marked ‘Arktis’ but the goods marked ‘Arktis Line’ and took the view that the addition ‘Line’ is exclusively descriptive.
In addition, the General Court exercised its discretion wrongly in finding that there was genuine use of the contested mark although the trade mark proprietor’s goods turnovers were extremely small.
Lastly, the General Court did not have regard to the fact that the genuine use at issue concerns ‘bedding’ and ‘bed blankets’. However, the trade mark proprietor submitted evidence only of use of the mark for ‘bed blankets’ and not for other bedding such as pillows and mattresses. For this reason at least ‘bedding’ must be cancelled from the mark.
Case T-132/15: Action brought on 12 June 2015 — IR v OHIM — Pirelli Tyre (popchrono)
Date: 2015-06-12
Institutions: General Court
Subjects: EU trade mark, electrical equipment, foodstuff, means of transport, registered trade mark, trade-mark law








C_2015311EN.01004801.xml










21.9.2015   


EN


Official Journal of the European Union


C 311/48





Action brought on 12 June 2015 — IR v OHIM — Pirelli Tyre (popchrono)
(Case T-132/15)
(2015/C 311/53)
Language in which the application was lodged: English

Parties


Applicants: IR (Caen, France) (represented by: C. de Marguerye, lawyer)

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

Other party to the proceedings before the Board of Appeal: Pirelli Tyre SpA (Milan, Italy)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘popchrono’ — Community trade mark No 4 177 267

Procedure before OHIM: Revocation proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 13 February 2015 in Case R 217/2014-5

Form of order sought

The applicant claims that the Court should:






—


receive its conclusions;










—


rescind the decision of 13 February 2015 of the Board of Appeal;










—


confirm the property rights of the trademark POPCHRONO;










—


order OHIM to pay the costs.





Pleas in law







—


Infringement of the right to be heard;










—


Narrow interpretation of ‘genuine use’ by the Board of Appeal;










—


Resumption of genuine use of a community trademark in question should have been examined by OHIM according to pieces submitted by the applicant, including a prior license agreement for more than three months before the introduction of the revocation request;










—


OHIM’s failure to take account of the contempt of elementary rules of competition and not considered the will of obstruction of a party against the other party.
Prior notification of a concentration (Case M.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-06-12
Institutions: European Commission
Subjects: advertising, economic concentration, education, investment company, mass media, merger control, service








C_2015194EN.01001501.xml










12.6.2015   


EN


Official Journal of the European Union


C 194/15





Prior notification of a concentration
(Case M.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 194/06)






1.


On 5 June 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which RTL Nederland Ventures B.V. (the Netherlands) belonging to the Bertelsmann group (‘Bertelsmann’, Germany), and RF Participatie B.V. (the Netherlands) controlled by H2 Equity Partners B.V. (‘H2’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Reclamefolder.nl B.V. (‘Reclamefolder.nl’, the Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Reclamefolder.nl: online classified advertising,
—   for Bertelsmann: media, services and education,
—   for H2: private equity fund.










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 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.7638 — RTL Nederland Ventures/RF Participatie/Reclamefolder.nl, 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.