do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7829 — Transgourmet/C+C Pfeiffer/Top-Team Zentraleinkauf) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-11-25
Institutions: European Commission
Subjects: economic concentration, food industry, holding company, merger control, tobacco industry, wholesale trade








C_2015392EN.01001801.xml










25.11.2015   


EN


Official Journal of the European Union


C 392/18





Prior notification of a concentration
(Case M.7829 — Transgourmet/C+C Pfeiffer/Top-Team Zentraleinkauf)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 392/11)






1.


On 18 November 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Transgourmet Holding AG (‘Transgourmet’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of C+C Pfeiffer GmbH (‘C+C Pfeiffer’, Austria) and joint control of Top-Team Zentraleinkauf GmbH (‘Top-Team’, Austria) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Transgourmet: wholesale of food via cash & carry outlets and mail-order delivery,
—   for C+C Pfeiffer: wholesale of food via cash & carry outlets and mail-order delivery, wholesale of drinks via mail-order delivery, retail sale of drinks,
—   for Top-Team: provision of procurement and distribution services for wholesalers and retailers.










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 Case M.7829 — Transgourmet/C+C Pfeiffer/Top-Team Zentraleinkauf, 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.
Withdrawal of Commission proposals
Date: 2015-11-25
Institutions: European Commission
Subjects: proposal (EU)








C_2015392EN.01000601.xml










25.11.2015   


EN


Official Journal of the European Union


C 392/6





WITHDRAWAL OF COMMISSION PROPOSALS
(2015/C 392/05)
List of withdrawn proposals







Document


Inter-institutional procedure


Title




COM(1998) 0637


—


Proposal for a Council Decision on the Representation and Position Taking of the Community at International Level in the context of Economic and Monetary Union
Corrigendum to Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015)
Date: 2015-11-25
Institutions: European Commission
Subjects: credit control, financial control, financial solvency, insurance company, market supervision, reinsurance








L_2015307EN.01003101.xml










25.11.2015   


EN


Official Journal of the European Union


L 307/31







Corrigendum to Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)

(
Official Journal of the European Union L 12 of 17 January 2015
)


On page 1, in the table of contents, Title I:
for:


                  ‘VALUATION AND RISK-BASED CAPTAL REQUIREMENTS (PILLAR I), ENHANCED GOVERNANCE (PILLAR II) AND INCREASED TRANPARENCY (PILLAR III)’,

read:


                  ‘VALUATION AND RISK-BASED CAPITAL REQUIREMENTS (PILLAR I), ENHANCED GOVERNANCE (PILLAR II) AND INCREASED TRANSPARENCY (PILLAR III)’;

on page 3, in the table of contents, Section 5, Chapter IX of Title I:
for:

               ‘Renumeration’,
read:

               ‘Remuneration’;
on page 20, in Title I:
for:


                  ‘VALUATION AND RISK-BASED CAPTAL REQUIREMENTS (PILLAR I), ENHANCED GOVERNANCE (PILLAR II) AND INCREASED TRANPARENCY (PILLAR III)’,

read:


                  ‘VALUATION AND RISK-BASED CAPITAL REQUIREMENTS (PILLAR I), ENHANCED GOVERNANCE (PILLAR II) AND INCREASED TRANSPARENCY (PILLAR III)’;

on page 170, in Article 272(5):
for:

               ‘estate’,
read:

               ‘state’;
on page 173, in the title of Section 5:
for:

               ‘Renumeration’,
read:

               ‘Remuneration’.
Case T-520/14: Judgment of the General Court of 25 November 2015 — bd breyton-design v OHIM (RACE GTP) (Community trade mark — Application for Community word mark RACE GTP — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2015-11-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, vehicle parts








C_2016016EN.01003302.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/33





Judgment of the General Court of 25 November 2015 — bd breyton-design v OHIM (RACE GTP)
(Case T-520/14) (1)

((Community trade mark - Application for Community word mark RACE GTP - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2016/C 016/41)
Language of the case: German

Parties


Applicant: bd breyton-design GmbH (Stockach, Germany) (represented by: T Raab and H. Lauf, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A Schifko, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 March 2014 (Case R 1230/2013-1) concerning an application for registration of the word sign RACE GTP as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders bd breyton-design GmbH to pay the costs.






(1)  OJ C 303, 8.9.2014.
Case T-701/15: Action brought on 25 November 2015 — Stock Polska v OHIM- Lass & Steffen (LUBELSKA)
Date: 2015-11-25
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2016038EN.01007201.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/72





Action brought on 25 November 2015 — Stock Polska v OHIM- Lass & Steffen (LUBELSKA)
(Case T-701/15)
(2016/C 038/97)
Language in which the application was lodged: Polish

Parties


Applicant: Stock Polska Sp. z o.o. (Warsaw, Poland) (represented by: T. Gawrylczyk, lawyer)

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

Other party to the proceedings before the Board of Appeal: Lass & Steffen GmbH Wein- und Spirituosen-Import (Lübeck, Germany)

Details of the proceedings before OHIM


Party applying for the trade mark at issue: the applicant

Trade mark at issue: Community figurative mark containing the word element ‘LUBELSKA’ — Application No 11 657 459

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 24 September 2015 in Case R 1788/2014-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs.





Plea in law







—


Breach of Article 8(1)(b) of Regulation No 207/2009.
Non-opposition to a notified concentration (Case M.7808 — Bain Capital Investors/Autodistribution Group) (Text with EEA relevance)
Date: 2015-11-25
Institutions: European Commission
Subjects: distribution business, economic concentration, investment company, merger control, vehicle parts, wholesale trade








C_2015392EN.01000402.xml










25.11.2015   


EN


Official Journal of the European Union


C 392/4





Non-opposition to a notified concentration
(Case M.7808 — Bain Capital Investors/Autodistribution Group)
(Text with EEA relevance)
(2015/C 392/03)
On 18 November 2015, 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 32015M7808. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision (EU) 2016/252 of the European Parliament and of the Council of 25 November 2015 on the mobilisation of the European Union Solidarity Fund for the payment of advances
Date: 2015-11-25
Institutions: Council of the European Union, European Parliament
Subjects: aid to disaster victims, commitment of expenditure, drawing up of the EU budget, emergency aid, financial aid, financial year, fund (EU), general budget (EU), natural disaster








L_2016047EN.01000501.xml










24.2.2016   


EN


Official Journal of the European Union


L 47/5








            DECISION (EU) 2016/252 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 25 November 2015
         
on the mobilisation of the European Union Solidarity Fund for the payment of advances


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), and in particular Article 4a(4) thereof,


Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The European Union Solidarity Fund (the ‘Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations and to show solidarity with the population of regions struck by disasters.












(2)


The Fund is not to exceed a maximum amount of EUR 500 million (2011 prices), as laid down in Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3).












(3)


Article 4a(4) of Regulation (EC) No 2012/2002 foresees that the Fund may be mobilised in an amount up to a maximum of EUR 50 000 000 for the payment of advances, and the corresponding appropriations entered into the general budget of the Union,





HAVE ADOPTED THIS DECISION:



Article 1
For the general budget of the European Union for the financial year 2016, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 50 000 000 in commitment and payment appropriations for the payment of advances.


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




Done at Strasbourg, 25 November 2015.


For the European Parliament


The President

M. SCHULZ
            



For the Council


The President

N. SCHMIT
            





(1)  
            OJ L 311, 14.11.2002, p. 3.

(2)  
            OJ C 373, 20.12.2013, p. 1.

(3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
Notice to importers — Imports of tuna products from Thailand into the European Union
Date: 2015-11-25
Institutions: European Commission
Subjects: Thailand, customs debt, customs fraud, fish product, free circulation, generalised preferences, import (EU), least-developed country, originating product, sea fish








C_2015392EN.01000801.xml










25.11.2015   


EN


Official Journal of the European Union


C 392/8





Notice to importers
Imports of tuna products from Thailand into the European Union
(2015/C 392/07)
By a notice to importers published in the Official Journal C 220 of 1 August 2013, p. 7, the Commission advised EU operators presenting documentary evidence of origin (Form A — Generalised System of Preferences) in order to benefit from preferential treatment for canned tuna and frozen tuna loins of HS subheading 1604 14 imported from Thailand to take all necessary precautions, as there were reasonable doubts concerning the proper application of the preferential tariff treatment and the applicability of proofs of origin presented in the Union for those goods. The release of the goods in question for free circulation could thus give rise to a customs debt, lead to fraud and consequently, negatively affect the EU’s financial interests.
In accordance with Commission Delegated Regulation (EU) No 1421/2013 (1), amending Annexes I, II and IV to Regulation (EU) No 978/2012, Thailand was removed from the list of the Union’s GSP beneficiary countries with effect as of 1 January 2015.
The notice to importers published in the Official Journal C 220 of 1 August 2013 has therefore become devoid of purpose as regards consignments of the products concerned declared for release for free circulation on or after 1 January 2015 and is hereby withdrawn.


(1)  Commission Delegated Regulation (EU) No 1421/2013 of 30 October 2013 amending Annexes I, II and IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences (OJ L 355, 31.12.2013, p. 1).
Case T-494/11: Order of the General Court of 25 November 2015 — Missir Mamachi di Lusignano and Others v Commission
Date: 2015-11-25
Institutions: General Court
Subjects: European Commission, accident in the home, civil servant, homicide, indemnification, violence








C_2016027EN.01007501.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/75





Order of the General Court of 25 November 2015 — Missir Mamachi di Lusignano and Others v Commission
(Case T-494/11) (1)

(2016/C 027/94)
Language of the case: Italian
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  C 331, 12.11.2011.
Notice concerning the entry into force of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
Date: 2015-11-25
Institutions: Council of the European Union
Subjects: South Korea, free-trade agreement, trade agreement (EU)








L_2015307EN.01000101.xml










25.11.2015   


EN


Official Journal of the European Union


L 307/1







Notice concerning the entry into force of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part

The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1), signed in Brussels on 6 October 2010, will enter into force on 13 December 2015.


(1)  
            OJ L 127, 14.5.2011, p. 6.
Case T-763/14: Judgment of the General Court of 25 November 2015 — Soprema v OHIM — Sopro Bauchemie (SOPRAPUR) (Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark SOPRAPUR — Prior Community word mark Sopro — Relative ground for refusal — Similarity of the goods and the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-11-25
Institutions: General Court
Subjects: EU trade mark, building materials, registered trade mark, trade-mark law








C_2016016EN.01003701.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/37





Judgment of the General Court of 25 November 2015 — Soprema v OHIM — Sopro Bauchemie (SOPRAPUR)
(Case T-763/14) (1)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark SOPRAPUR - Prior Community word mark Sopro - Relative ground for refusal - Similarity of the goods and the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 016/45)
Language of the case: French

Parties


Applicant: Holding Soprema (Strasbourg, France) (represented by: M.-R. Hirsch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: E. Scheffer and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Sopro Bauchemie GmbH (Wiesbaden, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 August 2014 (Case R 1370/2013-2) concerning opposition proceedings between Sopro Bauchemie GmbH and Holding Soprema.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Holding Sopremo to pay the costs.






(1)  OJ C 73, 2.3.2015.
Case T-248/14: Judgment of the General Court of 25 November 2015 — Masafi v OHIM — Hd1 (JUICE masafi) (Community trade mark — Opposition proceedings — Application for Community figurative mark JUICE masafi — Earlier national word mark masafi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-11-25
Institutions: General Court
Subjects: EU trade mark, non-alcoholic beverage, registered trade mark, trade-mark law








C_2016016EN.01003102.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/31





Judgment of the General Court of 25 November 2015 — Masafi v OHIM — Hd1 (JUICE masafi)
(Case T-248/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark JUICE masafi - Earlier national word mark masafi - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 016/38)
Language of the case: English

Parties


Applicant: Masafi Co. LLC (Dubai, United Arab Emirates) (represented by: G. Hinarejos Mulliez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Hd1 Ltd (Huddersfield, United Kingdom)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 February 2014 (Case R 119/2013-4), concerning opposition proceedings between Hd1 Ltd and Masafi Co. LLC.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Masafi Co. LLC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 235, 21.7.2014.
Case T-629/14: Judgment of the General Court of 25 November 2015 — Jaguar Land Rover v OHIM (Shape of a car) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a car — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-11-25
Institutions: General Court
Subjects: EU trade mark, motor car, registered trade mark, trade-mark law








C_2016016EN.01003601.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/36





Judgment of the General Court of 25 November 2015 — Jaguar Land Rover v OHIM (Shape of a car)
(Case T-629/14) (1)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a car - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2016/C 016/44)
Language of the case: English

Parties


Applicant: Jaguar Land Rover Ltd (Coventry, United Kingdom) (represented by: F. Delord and R. Grewal, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 April 2014 (Case R 1622/2013-2) concerning an application for registration of a three-dimensional sign consisting of the shape of a car as a Community trade mark.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 April 2014 (Case R 1622/2013-2) in so far as it refused registration of the mark applied for as regards ‘vehicles for locomotion by air and water’ in Class 12;










2.


Dismisses the action as to the remainder;










3.


Orders Jaguar Land Rover Ltd to bear its own costs and to pay nine-tenths of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);










4.


Orders OHIM to bear one-tenth of its own costs.






(1)  OJ C 361, 13.10.2014.
Non-opposition to a notified concentration (Case M.7682 — Goldman Sachs/Altor/Hamlet) (Text with EEA relevance)
Date: 2015-11-25
Institutions: European Commission
Subjects: economic concentration, investment company, manufactured feedingstuffs, merger control, protein products








C_2015392EN.01000401.xml










25.11.2015   


EN


Official Journal of the European Union


C 392/4





Non-opposition to a notified concentration
(Case M.7682 — Goldman Sachs/Altor/Hamlet)
(Text with EEA relevance)
(2015/C 392/02)
On 5 August 2015, 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 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 32015M7682. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.