do-me/EUR-LEX huggingface dataset:
Case T-695/14: Judgment of the General Court of 3 December 2015 — Omega International v OHIM (Representation of a white circle and a white rectangle inside a black rectangle) (Community trade mark — Application for a Community figurative mark representing a white circle and a white rectangle inside a black rectangle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-12-03
Institutions: General Court
Subjects: EU trade mark, food supplement, pharmaceutical product, registered trade mark, trade-mark law








C_2016027EN.01005301.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/53





Judgment of the General Court of 3 December 2015 — Omega International v OHIM (Representation of a white circle and a white rectangle inside a black rectangle)
(Case T-695/14) (1)

((Community trade mark - Application for a Community figurative mark representing a white circle and a white rectangle inside a black rectangle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2016/C 027/67)
Language of the case: German

Parties


Applicant: Omega International (Bad Oldesloe, Germany) (represented by: J. P. Becker, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 18 July 2014 (Case R 1037/2014-5) relating to an application for registration of a figurative sign representing a white circle and a white rectangle inside a black rectangle as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Omega International GmbH to pay the costs.






(1)  OJ C 409, 17.11.2014.
Case T-367/13: Judgment of the General Court of 3 December 2015 — Poland v Commission (EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural Development — Expenditure incurred by Poland — Article 33b of Regulation (EC) No 1257/1999 — Article 7 of Regulation (EC) No 1258/1999 — Article 31 of Regulation (EC) No 1290/2005 — Mixed financial correction — Obligation to state reasons)
Date: 2015-12-03
Institutions: General Court
Subjects: EAFRD, EAGF, EAGGF Guarantee Section, EU expenditure, financial control, rural development








C_2016027EN.01003302.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/33





Judgment of the General Court of 3 December 2015 — Poland v Commission
(Case T-367/13) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Rural Development - Expenditure incurred by Poland - Article 33b of Regulation (EC) No 1257/1999 - Article 7 of Regulation (EC) No 1258/1999 - Article 31 of Regulation (EC) No 1290/2005 - Mixed financial correction - Obligation to state reasons))
(2016/C 027/38)
Language of the case: Polish

Parties


Applicant: Republic of Poland (Represented by: B. Majczyna and K. Straś, acting as Agents)

Defendant: European Commission (represented by: P. Rossi and A. Szmytkowska, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2013/214/EU of 2 May 2013 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2013 L 123, p. 11), in so far as the Commission applies in that decision corrections amounting to EUR 8 292 783,94 and EUR 71 610 559,39 to expenditure declared by the Republic of Poland in respect of support for semi-subsistence farms.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 260, 7.9.2013.
Council Decision (CFSP) 2015/2249 of 3 December 2015 amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)
Date: 2015-12-03
Institutions: Council of the European Union
Subjects: EU police mission, Ukraine, technical cooperation








L_2015318EN.01003801.xml










4.12.2015   


EN


Official Journal of the European Union


L 318/38








            COUNCIL DECISION (CFSP) 2015/2249
of 3 December 2015
         
amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 22 July 2014, the Council adopted Decision 2014/486/CFSP (1) on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine).












(2)


On 17 November 2014, by means of Decision 2014/800/CFSP (2), the Council decided to launch EUAM Ukraine on 1 December 2014 and to amend Decision 2014/486/CFSP in order to provide EUAM Ukraine with a financial reference amount for the period until 30 November 2015.












(3)


Decision 2014/486/CFSP should be amended to provide for a financial reference amount for the period from 1 December 2015 to 30 November 2016.












(4)


Furthermore, Decision 2014/486/CFSP should be amended to extend the mandate of EUAM Ukraine by one year,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2014/486/CFSP is hereby amended as follows:






(1)


In Article 14(1), the following subparagraph is added:
‘The financial reference amount intended to cover the expenditure related to EUAM Ukraine for the period from 1 December 2015 to 30 November 2016 shall be EUR 14 400 000.’.










(2)


In Article 19, the second paragraph is replaced by the following:
‘It shall apply until 30 November 2017.’.






Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 December 2015.




Done at Brussels, 3 December 2015.


For the Council


The President

F. BRAZ
            





(1)  Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 217, 23.7.2014, p. 42).

(2)  Council Decision 2014/800/CFSP of 17 November 2014 launching the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) and amending Decision 2014/486/CFSP (OJ L 331, 18.11.2014, p. 24).
Non-opposition to a notified concentration (Case M.7542 — Griffin/Skanska/Starwood/Hotel Atrium) (Text with EEA relevance)
Date: 2015-12-03
Institutions: European Commission
Subjects: building industry, economic concentration, holding company, hotel industry, investment company, merger control








C_2015401EN.01000101.xml










3.12.2015   


EN


Official Journal of the European Union


C 401/1





Non-opposition to a notified concentration
(Case M.7542 — Griffin/Skanska/Starwood/Hotel Atrium)
(Text with EEA relevance)
(2015/C 401/01)
On 26 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 32015M7542. 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.7477 — Halliburton/Baker Hughes) (Text with EEA relevance)
Date: 2015-12-03
Institutions: European Commission
Subjects: economic concentration, gas industry, merger control, oil industry, provision of services








C_2015401EN.01000501.xml










3.12.2015   


EN


Official Journal of the European Union


C 401/5





Prior notification of a concentration
(Case M.7477 — Halliburton/Baker Hughes)
(Text with EEA relevance)
(2015/C 401/05)






1.


On 27 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 Halliburton Company (‘Halliburton’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Baker Hughes Incorporated (‘Baker Hughes’, USA) by way of purchase of shares.










2.


The same concentration was already notified to the Commission on 23 July 2015, but the notification was declared incomplete on 31 July 2015.










3.


The business activities of the undertakings concerned are:
—   for Halliburton: provision of oilfield services on a global scale to oil and gas exploration and production companies with a focus on the drilling and evaluation of wells as well as on the completion and production of wells,
—   for Baker Hughes: provision of oilfield services on a global scale to oil and gas exploration and production companies with a focus on the drilling and evaluation of wells as well as on the completion and production of wells.










4.


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.










5.


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.7477 — Halliburton/Baker Hughes, 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’).
Case T-327/14: Judgment of the General Court of 3 December 2015 — Compagnie des fromages & Richesmonts v OHIM (representation of a red and white Vichy motif) (Community trade mark — Invalidity proceedings — Community figurative mark representing a red and white Vichy motif — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-12-03
Institutions: General Court
Subjects: EU trade mark, cheese, registered trade mark, trade-mark law








C_2016027EN.01004501.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/45





Judgment of the General Court of 3 December 2015 — Compagnie des fromages & Richesmonts v OHIM (representation of a red and white Vichy motif)
(Case T-327/14) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark representing a red and white Vichy motif - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2016/C 027/55)
Language of the case: French

Parties


Applicant: Compagnie des fromages & Richesmonts (Puteaux, France) (represented by: T. Mollet-Viéville and T. Cuche, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: V. Melgar, and subsequently by: J. Crespo Carillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Grupo Lactalis Iberia SA (Madrid, Spain) (represented by: D. Masson, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 March 2014 (Case R 1295/2012-4) concerning invalidity proceedings between Grupo Lactalis Iberia SA and Compagnie des fromages & Richesmonts.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Compagnie des fromages & Richesmonts to pay the costs.






(1)  OJ C 235, 21.7.2014.
Commission Regulation (EU) 2015/2271 of 3 December 2015 establishing a prohibition of fishing for ling in Union and international waters of V by vessels flying the flag of France
Date: 2015-12-03
Institutions: European Commission
Subjects: EU waters, Faroes, France, Iceland, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2015322EN.01001901.xml










8.12.2015   


EN


Official Journal of the European Union


L 322/19








            COMMISSION REGULATION (EU) 2015/2271
of 3 December 2015
         
establishing a prohibition of fishing for ling in Union and international waters of V 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) 2015/104 (2) lays down quotas for 2015.












(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 2015.












(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 2015 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, 3 December 2015.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






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

(2)  Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014 (OJ L 22, 28.1.2015, p. 1).




ANNEX






No


64/TQ104




Member State


France




Stock


LIN/05EI.




Species


Ling (Molva molva)




Zone


Union and international waters of V




Closing date


6.11.2015
Prior notification of a concentration (Case M.7867 — KKCG/Foxconn/JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-03
Institutions: European Commission
Subjects: economic concentration, information technology industry, investment company, merger control, on line data service, property leasing, real estate business








C_2015401EN.01000701.xml










3.12.2015   


EN


Official Journal of the European Union


C 401/7





Prior notification of a concentration
(Case M.7867 — KKCG/Foxconn/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 401/07)






1.


On 27 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 the undertakings KKCG PLC (‘KKCG’, Cyprus) and Foxconn Technology CZ sro (Czech Republic), belonging to Hon Hai Precision Industry Co. Ltd. (‘Hon Hai/Foxconn’, Taiwan) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of the undertaking SafeDX sro (the ‘JV’, Czech Republic), by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


KKCG: private investment in oil and gas, gaming and entertainment, tourism and the metal industry,










—


Hon Hai/Foxconn: design, development, manufacturing, assembly and after-sales services for global computer, communications and consumer electronics companies,










—


The JV will provide data centre services, primarily with a focus on the Czech Republic.














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.7867 — KKCG/Foxconn/JV, 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.7834 — Sumitomo Corporation/Sumitomo Mitsui Banking Corporation/PT Summit OTO Finance/PT OTO Multiartha) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-03
Institutions: European Commission
Subjects: economic concentration, financial services, merger control








C_2015401EN.01000401.xml










3.12.2015   


EN


Official Journal of the European Union


C 401/4





Prior notification of a concentration
(Case M.7834 — Sumitomo Corporation/Sumitomo Mitsui Banking Corporation/PT Summit OTO Finance/PT OTO Multiartha)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 401/04)






1.


On 26 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 the Japanese undertakings Sumitomo Corporation (‘SC’) and Sumitomo Mitsui Banking Corporation (‘SMBC’), a subsidiary of Sumitomo Mitsui Financial Group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the Indonesian companies PT Summit Oto Finance (‘SOF’) and PT Oto Multiartha (‘OTO’), which currently are subsidiaries of SC, by way of purchase of shares constituting a joint venture.










2.


The business activities of the undertakings concerned are:
—   SC: integrated trading company active in various sectors such as metal products, transportation and construction systems, chemicals and electronics, media, networks and lifestyle retail, and mineral resources.
—   SMBC: financial company providing commercial banking and correspondent banking services, as well as leasing, securities brokerage, credit cards, consumer loans, venture capital and mortgage securitization services.
—   OTO: supply of automotive financing in Indonesia.
—   SOF: supply of motorcycle financing in Indonesia.










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 M.7834 — Sumitomo Corporation/Sumitomo Mitsui Banking Corporation/PT Summit OTO Finance/PT OTO Multiartha, 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.