do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8273 — Standard/Braas Monier) (Text with EEA relevance. )
Date: 2017-07-11
Institutions: European Commission
Subjects: building materials, economic concentration, merger control, wholesale trade








C_2017222EN.01000102.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/1





Non-opposition to a notified concentration
(Case M.8273 — Standard/Braas Monier)
(Text with EEA relevance)
(2017/C 222/02)
On 27 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 32017M8273. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.8314 — Broadcom/Brocade) (Text with EEA relevance. )
Date: 2017-07-11
Institutions: European Commission
Subjects: economic concentration, electronics industry, information technology industry, merger control








C_2017222EN.01000202.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/2





Non-opposition to a notified concentration
(Case M.8314 — Broadcom/Brocade)
(Text with EEA relevance)
(2017/C 222/04)
On 12 May 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) in conjunction with Article 6(2) 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 32017M8314. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.8084 — Bayer/Monsanto) (Text with EEA relevance. )
Date: 2017-07-11
Institutions: European Commission
Subjects: animal health, biotechnology, chemical industry, economic concentration, farming sector, holding company, merger control, multinational enterprise, pharmaceutical industry, public health








C_2017222EN.01000601.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/6





Prior notification of a concentration
(Case M.8084 — Bayer/Monsanto)
(Text with EEA relevance)
(2017/C 222/08)






1.


On 30 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bayer Aktiengesellschaft (‘Bayer’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Monsanto Corporation (‘Monsanto’, USA) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Bayer: publicly-traded management holding company of the Bayer Group. The Bayer Group is a diversified international organisation active in four core business areas: pharmaceuticals, consumer health, agriculture and animal health,
—   for Monsanto: publicly-traded US multinational agrochemical and agricultural biotechnology corporation.










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.8084 — Bayer/Monsanto, 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’).
Prior notification of a concentration (Case M.8509 — LVMH/Marcolin/JV) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-07-11
Institutions: European Commission
Subjects: economic concentration, luxury products industry, merger control, optical industry, sale, wholesale trade








C_2017222EN.01000701.xml










11.7.2017   


EN


Official Journal of the European Union


C 222/7





Prior notification of a concentration
(Case M.8509 — LVMH/Marcolin/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 222/09)






1.


On 30 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings LVMH-Moët Hennessy Louis Vuitton SE (‘LVMH’, France) controlled by Groupe Arnault SEDCS and Marcolin SpA (‘Marcolin’, Italy) controlled by PAI Partners S.A.S., acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Newco 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 LVMH: production and sale of luxury goods through a portfolio of over 60 luxury brands and over thousands points of sale worldwide,
—   for Marcolin: manufacturing and wholesale distribution of eyewear, notably eyeglass frames and sunglasses,
—   for NewCo: design, development, and manufacturing of eyewear products worldwide.










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.8509 — LVMH/Marcolin/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.
Council Decision (EU) 2017/1336 of 11 July 2017 appointing two members and an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions
Date: 2017-07-11
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2017185EN.01004701.xml










18.7.2017   


EN


Official Journal of the European Union


L 185/47








            COUNCIL DECISION (EU) 2017/1336
of 11 July 2017
         
appointing two members and an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the German Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), 2015/190 (2) and 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Uta-Maria KUDER and Mr Detlef MÜLLER.












(3)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Andreas TEXTER,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






(a)


as members:






—


Ms Katy HOFFMEISTER, Justizministerin des Landes Mecklenburg-Vorpommern,










—


Mr Tilo GUNDLACK, Mitglied des Landtages Mecklenburg-Vorpommern,




and










(b)


as an alternate member:






—


Mr Jochen SCHULTE, Mitglied des Landtages Mecklenburg-Vorpommern.










Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 11 July 2017.


For the Council


The President

T. TÕNISTE
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case T-423/17: Action brought on 11 July 2017 — Nexans France and Nexans v. Commission
Date: 2017-07-11
Institutions: General Court
Subjects: confidentiality, control of restrictive practices, electrical energy, energy grid, restriction on competition, right to justice, rights of the defence








C_2017300EN.01003102.xml










11.9.2017   


EN


Official Journal of the European Union


C 300/31





Action brought on 11 July 2017 — Nexans France and Nexans v. Commission
(Case T-423/17)
(2017/C 300/39)
Language of the case: English

Parties


Applicants: Nexans France (Courbevoie, France) and Nexans (Courbevoie) (represented by: M. Powell and A. Rogers, Solicitors, and G. Forwood, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul Commission Decision C(2017) 3051 final of 2 May 2017 on a request for confidential treatment submitted by Nexans France and Nexans pursuant to Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case AT.39610 — Power Cables) in so far as it rejects the Applicants’ confidentiality claims as regards the material that they claim in Case T-449/14 was obtained illegally (so-called ‘Category I Claims’), and










—


order the Commission to pay the applicants’ costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission failed to state sufficient reasons, contrary to Article 296 TFEU, Article 41(2)(c) of the Charter of Fundamental Rights, as well as Article 8(2) of Decision 2011/695/EU.










2.


Second plea in law, alleging that the Commission erred in assessing the applicants’ claim under Article 8(2) of Decision 2011/695: firstly, in finding that some of the contested material was already known beyond a limited number of persons; secondly, in failing to take due account of the principle of effective judicial protection; and thirdly, in finding that the applicants’ interests are not worthy of protection










3.


Third plea in law, alleging that the Commission breached the principle of the presumption of innocence, in view of the fact that the legality of the method by which the contested material was obtained is contested in the pending action Case T-449/14. Publication of the contested material would deprive any annulment in that case of its full effect.
Corrigendum to the Council Decision (EU) 2017/470 of 28 February 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union (OJ L 73, 18.3.2017)
Date: 2017-07-11
Institutions: Council of the European Union
Subjects: Norway, Switzerland, Türkiye, agreement (EU), generalised preferences, originating product, signature of an agreement, tariff agreement, tariff preference








L_2017178EN.01001601.xml










11.7.2017   


EN


Official Journal of the European Union


L 178/16







Corrigendum to the Council Decision (EU) 2017/470 of 28 February 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union

(
Official Journal of the European Union L 73 of 18 March 2017
)


On the contents page, in the title on page 1, and on page 2, recital 7 and Article 1:
for:

               ‘… Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union’,
read:

               ‘… Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences’.
Case T-406/16: Judgment of the General Court of 11 July 2017 — Dogg Label v EUIPO — Chemoul (JAPRAG) (EU trade mark — Invalidity proceedings — EU word mark JAPRAG — Earlier national figurative mark JAPAN-RAG — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2017-07-11
Institutions: General Court
Subjects: EU trade mark, clothing, leather, registered trade mark, trade-mark law








C_2017277EN.01004102.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/41





Judgment of the General Court of 11 July 2017 — Dogg Label v EUIPO — Chemoul (JAPRAG)
(Case T-406/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark JAPRAG - Earlier national figurative mark JAPAN-RAG - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2017/C 277/61)
Language of the case: French

Parties


Applicant: Dogg Label (Marseilles, France) (represented by: M. Angelier, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Patrick Chemoul (Paris, France) (represented by: E. Hoffman, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 13 May 2016 (Case R 2336/2015-2), relating to invalidity proceedings between Dogg Label and Mr Chemoul.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of EUIPO of 13 May 2016 (Case R 2336/2015-2);










2.


Orders Dogg Label, EUIPO and Mr Patrick Chemoul to bear their own respective costs.






(1)  OJ C 364, 3.10.2016.
Commission Implementing Regulation (EU) 2017/1251 of 11 July 2017 amending for the 271st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
Date: 2017-07-11
Institutions: European Commission, Service for Foreign Policy Instruments
Subjects: economic sanctions, international sanctions, legal person, terrorism, trade restriction








L_2017179EN.01000601.xml










12.7.2017   


EN


Official Journal of the European Union


L 179/6








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1251
of 11 July 2017
         
amending for the 271st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(1) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 6 July 2017, the Sanctions Committee of the United Nations Security Council decided to add one entity to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.












(3)


In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day 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, 11 July 2017.


For the Commission,


On behalf of the President,


Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
In Annex I to Regulation (EC) No 881/2002, the following entry is added under the heading ‘Legal persons, groups and entities’:


            ‘Jamaat-ul-Ahrar (JuA) (alias: (a) Jamaat-e-Ahrar; (b) Tehrik-e Taliban Pakistan Jamaat ul Ahrar; (c) Ahrar-ul-Hind. Address: (a) Lalpura, Nangarhar Province, Afghanistan (since Jun. 2015); (b) Mohmand Agency, Pakistan (as at Aug. 2014). Other information: operates from Nangarhar Province, Afghanistan and Pakistan-Afghanistan border region. Date of designation referred to in Article 7d(2)(i): 6.7.2017.’
Case T-428/17: Action brought on 11 July 2017 — Alpine Welten Die Bergführer v EUIPO (ALPINEWELTEN Die Bergführer)
Date: 2017-07-11
Institutions: General Court
Subjects: EU trade mark, paper, registered trade mark, sport, trade-mark law, travel








C_2017277EN.01006001.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/60





Action brought on 11 July 2017 — Alpine Welten Die Bergführer v EUIPO (ALPINEWELTEN Die Bergführer)
(Case T-428/17)
(2017/C 277/85)
Language of the case: German

Parties


Applicant: Alpine Welten Die Bergführer GmbH & Co. KG (Berghülen, Germany) (represented by: T.-C. Leisenberg)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: European Union figurative mark containing the word elements ‘ALPINEWELTEN Die Bergführer’ – Application for registration No 15 187 826

Contested decision: Decision of the First Board of Appeal of EUIPO of 25 April 2017 in Case R 1339/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.