do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9127 — Carlyle/Sedgwick) (Text with EEA relevance.)
Date: 2018-11-26
Institutions: European Commission
Subjects: economic concentration, insurance, investment company, merger control, risk management








C_2018425EN.01001701.xml










26.11.2018   


EN


Official Journal of the European Union


C 425/17






Prior notification of a concentration
(Case M.9127 — Carlyle/Sedgwick)
(Text with EEA relevance)
(2018/C 425/08)

1.   
On 16 November 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Carlyle Partners VII Cayman, L.P., controlled by The Carlyle Group, L.P. (‘Carlyle’, United States),










—


Sedgwick, Inc. (‘Sedgwick’, United States).




Carlyle acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Sedgwick.


2.   
The business activities of the undertakings concerned are as follows:






—


Carlyle is a global alternative asset manager managing funds that invest globally. Carlyle indirectly controls Innovation Group, a company active in property and motor third party administration insurance claims management and loss adjusting services; and Abtran, a business process outsourcer,










—


Sedgwick is a global provider of risk management solutions, including loss adjusting, third party administration insurance claims management, loss consultancy and property reinstatement services.






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. The following reference should always be specified:
M.9127 — Carlyle/Sedgwick
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal 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-295/17: Order of the General Court of 26 November 2018 — Danpower Baltic v Commission
Date: 2018-11-26
Institutions: General Court
Subjects: Lithuania, State aid, Vilnius county, bioenergy, control of State aid, dominant position, energy production, power plant, reduction of gas emissions, waste incineration








C_2019044EN.01008102.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/81






Order of the General Court of 26 November 2018 — Danpower Baltic v Commission
(Case T-295/17) (1)

(2019/C 44/109)
Language of the case: English
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 256, 7.8.2017.
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance.)
Date: 2018-11-26
Institutions: European Commission
Subjects: Andalusia, Melilla, Spain, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2018425EN.01001501.xml










26.11.2018   


EN


Official Journal of the European Union


C 425/15






Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 425/06)






Member State


Spain




Routes concerned


Melilla-Almería/Granada/Sevilla




Period of validity of the contract


4 years following the start of operations




Deadline for submission of tenders


2 months following the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained







Ministerio de Fomento




Dirección General de Aviación Civil




Subdirección General de Transporte Aéreo




Paseo de la Castellana 67




28071 Madrid




ESPAÑA




Tel. +34 915977505




Fax +34 915978643




Email: osp.dgac@fomento.es
Case C-736/18 P: Appeal brought on 26 November 2018 by Gugler France against the judgment of the General Court (Eighth Chamber) delivered on 25 September 2018 in Case T-238/17: Gugler v EUIPO
Date: 2018-11-26
Institutions: Court of Justice
Subjects: EU trade mark, building materials, glass, registered trade mark, trade-mark law








C_2019112EN.01001301.xml










25.3.2019   


EN


Official Journal of the European Union


C 112/13






Appeal brought on 26 November 2018 by Gugler France against the judgment of the General Court (Eighth Chamber) delivered on 25 September 2018 in Case T-238/17: Gugler v EUIPO
(Case C-736/18 P)
(2019/C 112/17)
Language of the case: English

Parties


Appellant: Gugler France (represented by: S. Guerlain, avocat)

Other parties to the proceedings: European Union Intellectual Property Office, Alexander Gugler

Form of order sought

The applicant claims that the Court should:






—


annul the September 25th, 2018 decision of the General Court (8th Chamber) in case T-238/17 for violation of article 8 (4) EUTMR regarding the assessment of the likelihood of confusion which correspond to the concepts of article 8 (1) (b) EUTMR;










—


order Mr Alexander Gugler to bear the applicants costs in relation to the present proceeding.





Pleas in law and main arguments

The applicant alleges infringement of article 8 (4) of the EUTMR and consequently article L711-4 of the French Code of Intellectual Property by failing to establish the existence of an economic link originating from the owner of the earlier right (the applicant) and towards the applicant of the contested mark (the defendant) and, also, the possible absence of a likelihood of confusion.
Council Decision of 26 November 2018 adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2018
Date: 2018-11-26
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget, financial year, general budget (EU)




C_2018430EN.01000101.xml










29.11.2018   


EN


Official Journal of the European Union


C 430/1






COUNCIL DECISION
of 26 November 2018
adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2018
(2018/C 430/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
Whereas:






—


the Union’s budget for the financial year 2018 was definitively adopted on 30 November 2017 (2),










—


on 16 October 2018, the Commission submitted a proposal containing draft amending budget No 6 to the general budget for the financial year 2018,










—


in order to allow the adoption of draft amending budget No 6 to the general budget for 2018 before the end of the year, the Council needs to proceed without delay. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council’s Rules of Procedure, the eight-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1,




HAS DECIDED AS FOLLOWS:

Sole Article
The Council’s position on draft amending budget No 6 of the European Union for the financial year 2018 was adopted on 26 November 2018.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/


Done at Brussels, 26 November 2018.


For the Council


The President

J. BOGNER-STRAUSS




(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 57, 28.2.2018, p. 1.
Information concerning the signing of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
Date: 2018-11-26
Institutions: Council of the European Union
Subjects: Mediterranean region (EU), Morocco, Union for the Mediterranean, Western Sahara, association agreement (EU), originating product, protocol to an agreement, revision of an agreement, signature of an agreement, tariff preference








L_2018299EN.01000101.xml










26.11.2018   


EN


Official Journal of the European Union


L 299/1







Information concerning the signing of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part

The abovementioned Agreement between the European Union and the Kingdom of Morocco was signed in Brussels on 25 October 2018.
Commission Implementing Regulation (EU) 2018/1878 of 26 November 2018 entering a name in the register of protected designations of origin and protected geographical indications (‘Scrumbie de Dunăre afumată’ (PGI))
Date: 2018-11-26
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Braila, Romania, Tulcea, designation of origin, fish, labelling, product designation, smoked product








L_2018307EN.01002201.xml










3.12.2018   


EN


Official Journal of the European Union


L 307/22








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/1878
of 26 November 2018
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Scrumbie de Dunăre afumată’ (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Romania's application to register the name ‘Scrumbie de Dunăre afumată’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Scrumbie de Dunăre afumată’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Scrumbie de Dunăre afumată’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.7. — Fresh fish, molluscs and crustaceans and products derived therefrom, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 26 November 2018.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 162, 8.5.2018, p. 28.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case T-696/18: Action brought on 26 November 2018 — C.R.D.O.P. ‘Jamón de Teruel/Paleta de Teruel’ v EUIPO — Airesano Foods (AIRESANO BLACK El ibérico de Teruel)
Date: 2018-11-26
Institutions: General Court
Subjects: EU trade mark, meat product, pigmeat, registered trade mark, sale, trade-mark law








C_2019035EN.01003001.xml










28.1.2019   


EN


Official Journal of the European Union


C 35/30






Action brought on 26 November 2018 — C.R.D.O.P. ‘Jamón de Teruel/Paleta de Teruel’ v EUIPO — Airesano Foods (AIRESANO BLACK El ibérico de Teruel)
(Case T-696/18)
(2019/C 35/36)
Language in which the application was lodged: Spanish

Parties


Applicant: Consejo Regulador de la Denominación de Origen Protegida ‘Jamón de Teruel/Paleta de Teruel’ (Teruel, Spain) (represented by: F. Pérez Álvarez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Airesano Foods, SL (La Puebla de Valverde, Spain)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for EU figurative mark AIRESANO BLACK El ibérico de Teruel — Application for registration No 15 240 005

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 September 2018 in Case R 88/2018-4

Form of order sought

The applicant claims that the General Court should:






—


annul the contested decision;










—


order EUIPO and the parties to the proceedings to pay the costs.





Pleas in law







—


Infringement of Article 13(1)(b) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council;










—


Infringement of Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-700/18: Action brought on 26 November 2018 — Kalypso Media Group v EUIPO — Wizards of the Coast (DUNGEONS)
Date: 2018-11-26
Institutions: General Court
Subjects: EU trade mark, computer system, online game, publishing, recording, registered trade mark, software, toy industry, trade-mark law








C_2019025EN.01006201.xml










21.1.2019   


EN


Official Journal of the European Union


C 25/62






Action brought on 26 November 2018 — Kalypso Media Group v EUIPO — Wizards of the Coast (DUNGEONS)
(Case T-700/18)
(2019/C 25/81)
Language of the case: English

Parties


Applicant: Kalypso Media Group GmbH (Worms, Germany) (represented by: T. Boddien, Rechtsanwalt)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Wizards of the Coast LLC (Pawtucket, Rhode Island, United States)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark DUNGEONS — Application for registration No 13 271 838

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 21 September 2018 in Case R 599/2018-4

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 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-458/17: Judgment of the General Court of 26 November 2018 — Shindler and Others v Council (Action for annulment — Institutional law — Withdrawal of the United Kingdom from the EU — Agreement setting out the arrangements for withdrawal — Article 50 TEU — Council Decision authorising the opening of negotiations with the United Kingdom with a view to conclusion of that agreement — UK citizens residing in another EU Member State — Preparatory act — Act not open to challenge — Lack of direct concern — Inadmissibility)
Date: 2018-11-26
Institutions: General Court
Subjects: European Union membership, United Kingdom, national, negotiation of an agreement (EU), residence, withdrawal from the EU








C_2019044EN.01003502.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/35






Judgment of the General Court of 26 November 2018 — Shindler and Others v Council
(Case T-458/17) (1)

((Action for annulment - Institutional law - Withdrawal of the United Kingdom from the EU - Agreement setting out the arrangements for withdrawal - Article 50 TEU - Council Decision authorising the opening of negotiations with the United Kingdom with a view to conclusion of that agreement - UK citizens residing in another EU Member State - Preparatory act - Act not open to challenge - Lack of direct concern - Inadmissibility))
(2019/C 44/45)
Language of the case: French

Parties


Applicants: Harry Shindler (Porto d’Ascoli, Italy) and 12 other applicants whose names are listed in the annex to the judgment (represented by: J. Fouchet, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

APPLICATION under Article 263 TFEU for annulment of Council Decision (EU, Euratom) of 22 May 2017 authorising the opening of negotiations with the United Kingdom of Great Britain and Northern Ireland for an agreement setting out the arrangements for that Member State’s withdrawal from the European Union (document XT 21016/17), including the annex to that decision establishing directives for the negotiation of that agreement (document XT 21016/17 ADD 1 REV 2).

Operative part of the judgment

The Court:






1.


Dismisses the action as being inadmissible.










2.


Declares that there is no longer any need to rule on the European Commission’s application for leave to intervene.










3.


Orders Mr Harry Shindler and the other applicants, whose names are listed in the annex, to bear their own costs and pay those incurred by the Council of the European Union.










4.


Orders the Commission to bear its own costs relating to the application to intervene.






(1)  OJ C 347, 16.10.2017.
Prior notification of a concentration (Case M.9123 — ADM/Neovia) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-11-26
Institutions: European Commission
Subjects: animal nutrition, economic concentration, food additive, food processing, food production, merger control, vegetable oil








C_2018425EN.01002001.xml










26.11.2018   


EN


Official Journal of the European Union


C 425/20






Prior notification of a concentration
(Case M.9123 — ADM/Neovia)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 425/11)

1.   
On 16 November 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Archer Daniels Midland group (‘ADM’, USA), via its wholly-owned subsidiary ADM France,










—


Neovia (France).




ADM acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Neovia.
The concentration is accomplished by way of a purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for ADM: processing of oilseeds, corn, sugar, wheat and other agricultural commodities and in the manufacture of vegetable oils and fats, vegetable protein, meal, corn, sweeteners, flour, biodiesel, ethanol, and other value added food and feed ingredients and additives,
—   for Neovia: production and marketing of a wide range of animal nutrition products for the feed industry, operating in business lines including premix and value-added services, pet food, additives and supplements, aquaculture and complete feed.


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 the 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. The following reference should always be specified:
M.9123 — ADM/Neovia
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal 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.