do-me/EUR-LEX huggingface dataset:
Case T-226/17: Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Rustproof System ADAPTA)
Date: 2017-04-19
Institutions: General Court
Subjects: EU trade mark, building materials, chemical product, metal product, paints and varnishes, registered trade mark, trade-mark law








C_2017202EN.01002401.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/24





Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Rustproof System ADAPTA)
(Case T-226/17)
(2017/C 202/39)
Language in which the application was lodged: Spanish

Parties


Applicant: Adapta Color, SL (Peniscola, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Coatings Foreign IP Co. LLC (Wilmington, Delaware, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘Rustproof System ADAPTA’ — European Union trade mark No 9 905 548

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 in Case R 2408/2015-5

Form of order sought

The applicant claims that the Court should:






—


uphold the present action in its entirety;










—


annul the contested decision;










—


order the defendant and, where appropriate, the intervener, to pay the costs of the present proceedings, as well as the costs incurred in the proceedings for a declaration of invalidity and the subsequent appeal proceedings before EUIPO.





Pleas in law







—


The pleas in law and main arguments are the same as those put forward in Case T-223/17.
Prior notification of a concentration (Case M.8426 — Linde/PJSC Power Machines/JV) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-04-19
Institutions: European Commission
Subjects: economic concentration, energy industry, gas industry, mechanical engineering, merger control








C_2017122EN.01001901.xml










19.4.2017   


EN


Official Journal of the European Union


C 122/19





Prior notification of a concentration
(Case M.8426 — Linde/PJSC Power Machines/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 122/08)






1.


On 7 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Linde AG (Germany) and PJSC Power Machines (Russia) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a joint venture company, currently named Linde Power Machines LLC (Russia) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:
—   for Linde AG: Linde AG is an international gas and technology group active in industrial gases, medical gases, equipment, engineering and services sectors. It is composed of two main business divisions, the gases division and engineering division, and a smaller logistics services division.
—   for PJSC Power Machines: PJSC Power Machines is a Russia-based manufacturer of power generation equipment and other devices for power plants, in particular turbines and generators.
—   for Linde Power Machines LLC: Linde Power Machines LLC will be active in engineering, production and distribution of stainless steel heat exchange equipment for natural gas liquefaction units as well as provision of related services and spare parts and will be primarily active in Russia.










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 M.8426 — Linde/PJSC Power Machines/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.
Non-opposition to a notified concentration (Case M.8361 — Qatar Airways/Alisarda/Meridiana) (Text with EEA relevance. )
Date: 2017-04-19
Institutions: European Commission
Subjects: air transport, economic concentration, holding company, merger control








C_2017122EN.01000101.xml










19.4.2017   


EN


Official Journal of the European Union


C 122/1





Non-opposition to a notified concentration
(Case M.8361 — Qatar Airways/Alisarda/Meridiana)
(Text with EEA relevance)
(2017/C 122/01)
On 22 March 2017, 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 32017M8361. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-234/17: Action brought on 19 April 2017 — Siberian Vodka v EUIPO — Friedr. Schwarze (DIAMOND ICE)
Date: 2017-04-19
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2017195EN.01003801.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/38





Action brought on 19 April 2017 — Siberian Vodka v EUIPO — Friedr. Schwarze (DIAMOND ICE)
(Case T-234/17)
(2017/C 195/51)
Language in which the application was lodged: German

Parties


Applicant: Siberian Vodka AG (Herisau, Switzerland) (represented by: O. Bischof, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Friedr. Schwarze GmbH & Co. KG (Oelde, Germany)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: International registration designating the European Union in respect of the word mark ‘DIAMOND ICE’ — International registration No 1 211 695

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 8 February 2017 in Case R 1171/2016-4

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 February 2017 in the appeal proceedings R 1171/2016-4;










—


order the defendant to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case T-224/17: Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Bio proof ADAPTA)
Date: 2017-04-19
Institutions: General Court
Subjects: EU trade mark, carriage of goods, chemical product, distributor, paints and varnishes, registered trade mark, storage, trade-mark law








C_2017202EN.01002201.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/22





Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Bio proof ADAPTA)
(Case T-224/17)
(2017/C 202/37)
Language in which the application was lodged: Spanish

Parties


Applicant: Adapta Color, SL (Peniscola, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Coatings Foreign IP Co. LLC (Wilmington, Delaware, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘Bio proof ADAPTA’ — European Union trade mark No 4 368 239

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 in Case R 2521/2015-5

Form of order sought

The applicant claims that the Court should:






—


uphold the present action in its entirety;










—


annul the contested decision;










—


order the defendant and, where appropriate, the intervener, to pay the costs of the present proceedings, as well as the costs incurred in the proceedings for a declaration of invalidity and the subsequent appeal proceedings before EUIPO.





Pleas in law

The pleas in law and main arguments are the same as those put forward in Case T-223/17.
Prior notification of a concentration (Case M.8421 — WestRock/MPS) (Text with EEA relevance. )
Date: 2017-04-19
Institutions: European Commission
Subjects: economic concentration, merger control, packaging product, pulp and paper industry








C_2017122EN.01001801.xml










19.4.2017   


EN


Official Journal of the European Union


C 122/18





Prior notification of a concentration
(Case M.8421 — WestRock/MPS)
(Text with EEA relevance)
(2017/C 122/07)






1.


On 7 April 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which WestRock Company (‘WestRock’, USA) acquires sole control, within the meaning of Article 3(1)(b) of the Merger Regulation, of Multi Packaging Solutions International Limited (‘MPS’, Bermuda) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


WestRock is a multinational provider of paper and packaging solutions for consumer and corrugated packaging markets. It provides a variety of packaging solutions such as folding cartons, paperboard, dispensing systems, point-of-purchase displays, corrugated containers, portioning and protective packaging to customers in the beauty and personal care, beverage, food, foodservice, healthcare, home and garden, retail and tobacco sectors. WestRock also manufactures kraft paper, bleached paperboard and coated recycled paperboard as well as offering commercial printing solutions;










—


MPS is active in the manufacture and sale of specialty packaging solutions. This includes premium folding cartons, such as gift boxes, packaging inserts, such as leaflets and booklets, labels, mainly for pharmaceutical goods, consumer goods and media purposes, and rigid packaging, for perfumes and spirits.














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 M.8421 — WestRock/MPS, 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’).
Euro exchange rates
Date: 2017-04-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2017122EN.01000301.xml










19.4.2017   


EN


Official Journal of the European Union


C 122/3





Euro exchange rates (1)

18 April 2017
(2017/C 122/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0682 




JPY


Japanese yen


116,26 




DKK


Danish krone


7,4381 




GBP


Pound sterling


0,84375 




SEK


Swedish krona


9,5908 




CHF


Swiss franc


1,0686 




ISK


Iceland króna


 




NOK


Norwegian krone


9,1093 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,759 




HUF


Hungarian forint


312,58 




PLN


Polish zloty


4,2363 




RON


Romanian leu


4,5180 




TRY


Turkish lira


3,9423 




AUD


Australian dollar


1,4155 




CAD


Canadian dollar


1,4273 




HKD


Hong Kong dollar


8,3040 




NZD


New Zealand dollar


1,5186 




SGD


Singapore dollar


1,4937 




KRW


South Korean won


1 221,05 




ZAR


South African rand


14,3001 




CNY


Chinese yuan renminbi


7,3524 




HRK


Croatian kuna


7,4370 




IDR


Indonesian rupiah


14 203,32 




MYR


Malaysian ringgit


4,7113 




PHP


Philippine peso


53,064 




RUB


Russian rouble


59,8860 




THB


Thai baht


36,693 




BRL


Brazilian real


3,3194 




MXN


Mexican peso


19,8272 




INR


Indian rupee


69,0080 






(1)  Source: reference exchange rate published by the ECB.
Case T-225/17: Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Bio proof ADAPTA)
Date: 2017-04-19
Institutions: General Court
Subjects: EU trade mark, furniture industry, medical device, metal product, registered trade mark, trade-mark law








C_2017202EN.01002301.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/23





Action brought on 19 April 2017 — Adapta Color v EUIPO — Coatings Foreign IP (Bio proof ADAPTA)
(Case T-225/17)
(2017/C 202/38)
Language in which the application was lodged: Spanish

Parties


Applicant: Adapta Color, SL (Peniscola, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Coatings Foreign IP Co. LLC (Wilmington, Delaware, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: European Union figurative mark containing the word elements ‘Bio proof ADAPTA’ — European Union trade mark No 4 582 599

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 February 2017 in Case R 311/2016-5

Form of order sought

The applicant claims that the Court should:






—


uphold the present action in its entirety;










—


annul the contested decision;










—


order the defendant and, where appropriate, the intervener, to pay the costs of the present proceedings, as well as the costs incurred in the proceedings for a declaration of invalidity and the subsequent appeal proceedings before EUIPO.





Pleas in law

The pleas in law and main arguments are the same as those put forward in Case T-223/17.
Euro exchange rates
Date: 2017-04-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2017122EN.01000201.xml










19.4.2017   


EN


Official Journal of the European Union


C 122/2





Euro exchange rates (1)

13 April 2017
(2017/C 122/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0630 




JPY


Japanese yen


116,01 




DKK


Danish krone


7,4376 




GBP


Pound sterling


0,84763 




SEK


Swedish krona


9,5820 




CHF


Swiss franc


1,0686 




ISK


Iceland króna


 




NOK


Norwegian krone


9,1033 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,704 




HUF


Hungarian forint


312,55 




PLN


Polish zloty


4,2450 




RON


Romanian leu


4,5189 




TRY


Turkish lira


3,8991 




AUD


Australian dollar


1,4027 




CAD


Canadian dollar


1,4069 




HKD


Hong Kong dollar


8,2652 




NZD


New Zealand dollar


1,5178 




SGD


Singapore dollar


1,4845 




KRW


South Korean won


1 202,93 




ZAR


South African rand


14,3805 




CNY


Chinese yuan renminbi


7,3227 




HRK


Croatian kuna


7,4255 




IDR


Indonesian rupiah


14 091,66 




MYR


Malaysian ringgit


4,6905 




PHP


Philippine peso


52,584 




RUB


Russian rouble


59,9350 




THB


Thai baht


36,503 




BRL


Brazilian real


3,3277 




MXN


Mexican peso


19,7661 




INR


Indian rupee


68,4915 






(1)  Source: reference exchange rate published by the ECB.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 19 April 2017 regarding a draft decision relating to Case AT.40153 — E-book MFNs and related matters — Rapporteur: Sweden
Date: 2017-04-19
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, book trade, control of restrictive practices, dominant position, electronic publishing, price agreement








C_2017264EN.01000501.xml










11.8.2017   


EN


Official Journal of the European Union


C 264/5





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 19 April 2017 regarding a draft decision relating to Case AT.40153 — E-book MFNs and related matters
Rapporteur: Sweden
(2017/C 264/04)






(1)


The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 5 April 2017 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.










(2)


The Advisory Committee agrees with the preliminary assessment that the behaviour at hand had an appreciable effect on trade between Member States.










(3)


The Advisory Committee agrees that the Final Commitments offered by Amazon adequately address the competition concerns identified by the Commission.










(4)


The Advisory Committee agrees with the Commission that the proceedings concerning Amazon can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.










(5)


The Advisory Committee agrees with the Commission that the commitments offered by Amazon are suitable, necessary and proportionate and should be made legally binding on Amazon.










(6)


The Advisory Committee agrees with the Commission that, in light of the commitments offered by Amazon, there are no longer grounds for action by the Commission against Amazon, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.










(7)


The Advisory Committee asks the Commission to take into account any other points raised during the discussion.










(8)


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-227/17: Action brought on 19 April 2017 — Falmouth University v Commission
Date: 2017-04-19
Institutions: General Court
Subjects: European Regional Development Fund, South West (England), award of contract, eligibility criteria, financial aid, invitation to tender, professional qualifications, regional aid, regional development








C_2017221EN.01002902.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/29





Action brought on 19 April 2017 — Falmouth University v Commission
(Case T-227/17)
(2017/C 221/42)
Language of the case: English

Parties


Applicant: Falmouth University (Falmouth, United Kingdom) (represented by: V. Sloane, Barrister, F. Harmel, lawyer and T. Kotsonis, Solicitor)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the European Commission finding in relation to ERDF Programming Period 2007-2013, that irregularities had occurred in the operation ‘Enhancing the Creative Knowledge Base of Cornwall’ and that a flat-rate financial correction of 25 % was required;










—


order the European Commission to bear its own costs and to pay those incurred by the applicant.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Commission erroneously found that the selection criteria were in breach of Article 44(2) of Directive 2004/18/EC (1).










2.


Second plea in law, alleging that the Commission was not entitled to rely on the three additional alleged irregularities.










3.


Third plea in law, alleging that in any event, the Commission erroneously found there were three additional alleged irregularities.










4.


Fourth plea in law, alleging that the Commission has acted manifestly irrationally and disproportionately in deciding that the amount of the financial correction is 25 %.






(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 L 134, 2004, p. 114)