do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.7811 — Koch Industries/BDT Capital Partners/Truck-Lite) (Text with EEA relevance)
Date: 2015-12-04
Institutions: European Commission
Subjects: economic concentration, electronic component, holding company, investment company, lighting equipment, merger control, motor vehicle industry, vehicle parts








C_2015402EN.01000102.xml










4.12.2015   


EN


Official Journal of the European Union


C 402/1





Non-opposition to a notified concentration
(Case M.7811 — Koch Industries/BDT Capital Partners/Truck-Lite)
(Text with EEA relevance)
(2015/C 402/02)
On 27 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 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 32015M7811. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Corrigendum to Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action (OJ L 77, 15.3.2014)
Date: 2015-12-04
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, EU financial instrument, financial aid, foreign aid, foreign policy








L_2015319EN.01002102.xml










4.12.2015   


EN


Official Journal of the European Union


L 319/21







Corrigendum to Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action

(
Official Journal of the European Union L 77 of 15 March 2014
)


On page 103, point (b) of Article 9(1):
for:







‘(b)


(…) cooperation programmes in which they participate;’,





read:







‘(b)


(…) cooperation programmes in which it participates;’.
Prior notification of a concentration (Case M.7838 — DSV/UTi Worldwide) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-04
Institutions: European Commission
Subjects: economic concentration, logistics, merger control, supplier, transport company








C_2015402EN.01001701.xml










4.12.2015   


EN


Official Journal of the European Union


C 402/17





Prior notification of a concentration
(Case M.7838 — DSV/UTi Worldwide)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 402/12)






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 undertaking DSV A/S (‘DSV’, Denmark) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking UTi Worldwide (‘UTiW’, British Virgin Islands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


DSV is a global freight forwarding and logistics company active in road/land, air and sea freight-forwarding services as well as logistics solutions services in approximately 75 countries,










—


UTiW is an international supply chain services and solutions company that provides freight forwarding and contract logistics and distribution services in approximately 60 countries.














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.7838 — DSV/UTi Worldwide, 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.
Case T-723/15: Action brought on 4 December 2015 — Genossenschaftsverband Bayern v Commission
Date: 2015-12-04
Institutions: General Court
Subjects: Bavaria, Germany, State aid, control of State aid, dairy industry, interest, milk, quality control of agricultural products, reimbursement of aid








C_2016059EN.01004001.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/40





Action brought on 4 December 2015 — Genossenschaftsverband Bayern v Commission
(Case T-723/15)
(2016/C 059/46)
Language of the case: German

Parties


Applicant: Genossenschaftsverband Bayern e. V. (Munich, Germany) (represented by: C. Bittner and N. Thies, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in so far as:






—


in Article 1 it declares that State aid was unlawfully granted in Germany in breach of Article 108(3) TFEU in respect of the milk quality tests carried out in Bavaria in favour of dairy sector undertakings in Bavaria and that that State aid has been incompatible with the internal market since 1 January 2007;










—


in Articles 2 to 4 it orders the recovery of the aid from the beneficiaries, together with interest;














—


order the defendant to pay the applicant’s costs.





Pleas in law and main arguments

By the present action, the applicant seeks the partial annulment of Commission Decision C(2015) 6295 final of 18 September 2015 concerning State aid SA.35484 (2013/C) (ex SA.35484 (2012/NN)) granted by Germany in respect of milk quality tests pursuant to the Milk and Fat Law.
In support of the action, the applicant relies on six pleas in law, which are in essence identical or similar to those relied on in Case T-722/15 Interessengemeinschaft privater Milchverarbeiter Bayerns v Commission.
Non-opposition to a notified concentration (Case M.7766 — HNA Group/Aguila) (Text with EEA relevance)
Date: 2015-12-04
Institutions: European Commission
Subjects: air transport, economic concentration, holding company, investment company, merger control, provision of services








C_2015402EN.01000101.xml










4.12.2015   


EN


Official Journal of the European Union


C 402/1





Non-opposition to a notified concentration
(Case M.7766 — HNA Group/Aguila)
(Text with EEA relevance)
(2015/C 402/01)
On 17 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 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 32015M7766. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-724/15: Action brought on 4 December 2015 — Verband der Bayerischen Privaten Milchwirtschaft v Commission
Date: 2015-12-04
Institutions: General Court
Subjects: Bavaria, Germany, State aid, control of State aid, dairy industry, interest, milk, quality control of agricultural products, reimbursement of aid








C_2016068EN.01003301.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/33





Action brought on 4 December 2015 — Verband der Bayerischen Privaten Milchwirtschaft v Commission
(Case T-724/15)
(2016/C 068/42)
Language of the case: German

Parties


Applicant: Verband der Bayerischen Privaten Milchwirtschaft e. V. (Munich, Germany) (represented by: C. Bittner and N. Thies, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should






—


annul the contested decision in so far as it






—


found in Article 1 that, in Germany, with regard to the milk quality tests carried out in Bavaria, State aid had been granted in favour of the undertakings in the dairy industry concerned, in infringement of Article 108(3) TFEU, and that that aid had been incompatible with the internal market since 1 January 2007;










—


ordered, in Articles 2 to 4, the recovery of that aid together with interest from the recipients;














—


order the defendant to pay the costs incurred by the applicant.





Pleas in law and main arguments

By the present action the applicant requests the partial annulment of Commission Decision C(2015) 6295 final of 18 September 2015 on State aid No SA.35484 (2013/C) (ex SA.35484 (2012/NN)) granted by Germany for milk quality tests within the framework of the Milk and Fat Law.
In support of the action the applicant puts forward six pleas in law, which are, in essence, identical or similar to the pleas in law put forward in Case T-722/15 Interessengemeinschaft privater Milchverarbeiter Bayerns v Commission.
Case T-720/15: Action brought on 04 December 2015 — Commission v CINAR
Date: 2015-12-04
Institutions: General Court
Subjects: advance payment, contract terms, financial aid, interest, reimbursement of aid








C_2016059EN.01003801.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/38





Action brought on 04 December 2015 — Commission v CINAR
(Case T-720/15)
(2016/C 059/44)
Language of the case: English

Parties


Applicant: European Commission (represented by: D. Waelbroeck, lawyer, A. Duron, lawyer, S. Delaude, agent, L. Di Paolo, agent, and J. Estrada de Solà, agent)

Defendant: CINAR Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:






—


condemn the defendant to reimburse GBP 25 616 to the applicant;










—


condemn the defendant to pay interest on the principal amount of GBP 25 616 at the rate applied by the European Central Bank for its main refinancing operations on 1 December 2005 (2,09 %) plus one and a half percentage points, covering the period running from 6 December 2005 until the date of receipt of the funds to be reimbursed; and










—


order the defendant to pay all costs and expenses in these proceedings.





Plea in law and main arguments

In support of the action, the applicant relies on one plea in law alleging that the defendant has breached its contractual obligations regarding the justification of costs claimed. As the financial contribution due to the defendant is less than the total amount paid by the applicant by means of an advance payment, the applicant contends that, under the contract, the defendant is liable for the sum due.
Case T-3/15: Judgment of the General Court of 4 December 2015 — K-Swiss v OHIM (Representation of parallel stripes on a shoe) (Community trade mark — International registration designating the European Community — Figurative mark representing parallel stripes on a shoe — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2015-12-04
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, sports equipment, trade-mark law








C_2016027EN.01005401.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/54





Judgment of the General Court of 4 December 2015 — K-Swiss v OHIM (Representation of parallel stripes on a shoe)
(Case T-3/15) (1)

((Community trade mark - International registration designating the European Community - Figurative mark representing parallel stripes on a shoe - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2016/C 027/69)
Language of the case: English

Parties


Applicant: K-Swiss Inc. (Westlake Village, California, United States) (represented by: R. Niebel and M. Hecht, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by P. Geroulakos and subsequently by D. Gája, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 October 2014 (Case R 1093/2014-2), concerning the international registration, designating the European Community, of a figurative mark representing parallel stripes on a shoe.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders K-Swiss Inc. to pay the costs.






(1)  OJ C 65, 23.2.2015.
Information communicated by Member States regarding closure of fisheries
Date: 2015-12-04
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing








C_2015402EN.01001601.xml










4.12.2015   


EN


Official Journal of the European Union


C 402/16





Information communicated by Member States regarding closure of fisheries
(2015/C 402/11)
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


17.10.2015




Duration


17.10–31.12.2015




Member State


Belgium




Stock or Group of stocks


SRX/67AKXD




Species


Skates and rays (Rajiformes)




Zone


Union waters of VIa, VIb, VIIa-c and VIIe-k




Type(s) of fishing vessels


—




Reference number


62/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.