do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.9121 — Michelin/Camso) (Text with EEA relevance.)
Date: 2018-12-10
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, rubber industry, vehicle parts








C_2019058EN.01000102.xml










14.2.2019   


EN


Official Journal of the European Union


C 58/1






Non-opposition to a notified concentration
(Case M.9121 — Michelin/Camso)
(Text with EEA relevance)
(2019/C 58/02)
On 10 December 2018, 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 32018M9121. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Council Regulation (EU) 2018/1932 of 10 December 2018 repealing Regulation (EU) No 667/2010 concerning certain restrictive measures in respect of Eritrea
Date: 2018-12-10
Institutions: Council of the European Union
Subjects: EU restrictive measure, Eritrea, arms control, arms trade, economic sanctions, international sanctions








L_2018314EN.01000801.xml










11.12.2018   


EN


Official Journal of the European Union


L 314/8








            COUNCIL REGULATION (EU) 2018/1932
of 10 December 2018
         
repealing Regulation (EU) No 667/2010 concerning certain restrictive measures in respect of Eritrea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,


Having regard to Council Decision (CFSP) 2018/1944 of 10 December 2018 repealing Decision 2010/127/CFSP concerning restrictive measures against Eritrea (1),


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

Whereas:







(1)


On 23 December 2009, the United Nations Security Council (UNSC) adopted United Nations Security Council Resolution (UNSCR) 1907 (2009) imposing restrictive measures against Eritrea, consisting of a ban on the sale and supply to and from Eritrea of arms and related material.












(2)


Council Regulation (EU) No 667/2010 (2) gives effect to the measures provided for in Council Decision 2010/127/CFSP (3), adopted pursuant to UNSC Resolution 1907 (2009).












(3)


On 14 November 2018, the UNSC adopted UNSCR 2444 (2018) terminating, with immediate effect, all UN restrictive measures against Eritrea.












(4)


On 10 December 2018, the Council adopted Decision (CFSP) 2018/1944 repealing Decision 2010/127/CFSP.












(5)


These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary.












(6)


Regulation (EU) No 667/2010 should therefore be repealed,





HAS ADOPTED THIS REGULATION:



Article 1
Regulation (EU) No 667/2010 is hereby repealed.


Article 2
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, 10 December 2018.


For the Council


The President

F. MOGHERINI
            





(1)  See page 60 of this Official Journal.

(2)  Council Regulation (EU) No 667/2010 of 26 July 2010 concerning certain restrictive measures in respect of Eritrea (OJ L 195, 27.7.2010, p. 16).

(3)  Council Decision 2010/127/CFSP of 1 March 2010 concerning restrictive measures against Eritrea (OJ L 51, 2.3.2010, p. 19).
Case T-552/15: Judgment of the General Court of 10 December 2018 — Bank Refah Kargaran v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures taken against Iran — Compensation of the harm allegedly suffered by the applicant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of funds and economic resources — Jurisdiction of the General Court — Sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2018-12-10
Institutions: General Court
Subjects: EU restrictive measure, Iran, bank, economic sanctions, indemnification, international sanctions, trade restriction








C_2019072EN.01001302.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/13






Judgment of the General Court of 10 December 2018 — Bank Refah Kargaran v Council
(Case T-552/15) (1)

((Non-contractual liability - Common foreign and security policy - Restrictive measures taken against Iran - Compensation of the harm allegedly suffered by the applicant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of funds and economic resources - Jurisdiction of the General Court - Sufficiently serious breach of a rule of law conferring rights on individuals))
(2019/C 72/16)
Language of the case: French

Parties


Applicant: Bank Refah Kargaran (Tehran, Iran) (represented by: J.-M. Thouvenin, lawyer)

Defendant: European Council (represented by: V. Piessevaux and M. Bishop, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: R. Tricot and A. Aresu, acting as Agents)

Re:

Action under Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant as a result of the adoption of restrictive measures against it.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Bank Refah Kargaran to bear its costs and pay those of the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 398, 30.11.2015.
Non-opposition to a notified concentration (Case M.9143 — CapMan/NH-Amundi/Green Investment Group/Cloud Snurran) (Text with EEA relevance.)
Date: 2018-12-10
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, power plant, wind energy








C_2018459EN.01000201.xml










20.12.2018   


EN


Official Journal of the European Union


C 459/2






Non-opposition to a notified concentration
(Case M.9143 — CapMan/NH-Amundi/Green Investment Group/Cloud Snurran)
(Text with EEA relevance)
(2018/C 459/03)
On 10 December 2018, 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 32018M9143. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.9085 — Dr August Oetker/Coop-Gruppe/F&amp;B — Food and Beverage Services) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-12-10
Institutions: European Commission
Subjects: beverage industry, distributor, economic concentration, merger control, retail trade, wholesale trade








C_2018444EN.01002401.xml










10.12.2018   


EN


Official Journal of the European Union


C 444/24






Prior notification of a concentration
(Case M.9085 — Dr August Oetker/Coop-Gruppe/F&B — Food and Beverage Services)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 444/11)

1.   
On 27 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:






—


Dr August Oetker KG (‘Oetker-Gruppe’, Germany),










—


Coop-Gruppe Genossenschaft (‘Coop-Gruppe’, Switzerland), through its indirect wholly-owned subsidiary Transgourmet Deutschland GmbH & Co. OHG (‘Transgourmet’, Germany),










—


F&B — Food and Beverage Services GmbH (‘F&B’, Germany), a wholly-owned subsidiary of Transgourmet.




Oetker-Gruppe, through its wholly-owned subsidiary Dr August Oetker Finanzierungs- und Beteiligungs-GmbH (Germany), acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of F&B.
The concentration is accomplished by way of purchase of shares in Transgourmet.


2.   
The business activities of the undertakings concerned are:






—


Oetker-Gruppe, through its subsidiaries, is active, among other things, in the manufacture and distribution of beer, wine, sparkling wine and non-alcoholic drinks.










—


Coop-Gruppe is a retailer and wholesaler.










—


F&B, through a shareholding in Team Beverage AG, is active in beverage distribution.






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 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 no later than 10 days following the date of this publication. The following reference should always be specified:
M.9085 — Dr August Oetker/Coop-Gruppe/F&B — Food and Beverage Services
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.
Prior notification of a concentration (Case M.9173 — Astorg Asset Management/Montagu Private Equity/Nemera Capital) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-12-10
Institutions: European Commission
Subjects: bio-industry, economic concentration, investment company, merger control, pharmaceutical industry, plastics








C_2018444EN.01002201.xml










10.12.2018   


EN


Official Journal of the European Union


C 444/22






Prior notification of a concentration
(Case M.9173 — Astorg Asset Management/Montagu Private Equity/Nemera Capital)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 444/10)

1.   
On 29 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:






—


Astorg Asset Management (‘Astorg’, Luxembourg);










—


Montagu Private Equity LLP (‘Montagu’, France);










—


Nemera Capital (together with its subsidiaries, ‘Nemera Group’, France), currently solely controlled by Montagu.




Astorg acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Nemera Group. As a result of the Transaction, Nemera Group will be jointly controlled by Astorg and Montagu.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Astorg: a private equity company;
—   for Montagu: a private equity company;
—   for Nemera Group: a manufacturer of plastic drugs delivery systems sold to the pharmaceutical, biotech and generic industries.


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.9173 — Astorg Asset Management/Montagu Private Equity/Nemera Capital
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.
Notice concerning the provisional application of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part
Date: 2018-12-10
Institutions: Council of the European Union
Subjects: Australia, cooperation policy, framework agreement, interim agreement (EU)








L_2018313EN.01000101.xml










10.12.2018   


EN


Official Journal of the European Union


L 313/1







Notice concerning the provisional application of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part

The European Union and Australia have notified each other of the completion of the procedures necessary for the provisional application of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part (1), on 4 September 2018. Consequently, Australia and the Union may provisionally apply mutually determined provisions of the Agreement in accordance with Article 61(2) of that Agreement as from 4 October 2018.
By virtue of Article 2 of Council Decision (EU) 2017/1546 of 29 September 2016 on the signing, on behalf of the European Union, and provisional application of the Framework Agreement, the following provisions shall be applied provisionally between the Union and Australia, but only to the extent that they cover matters falling within the Union's competence, including matters falling within the Union's competence to define and implement a common foreign and security policy:






—


Article 3 (Political Dialogue),










—


Article 10 (Cooperation in regional and international organisations),










—


Article 56 (Joint Committee), with the exception of points (g) and (h) of paragraph 3 thereof,










—


Title X (Final Provisions), with the exception of Article 61(1) and (3), to the extent necessary for the purpose of ensuring the provisional application of the provisions of the Agreement referred to in the first three indents.






(1)  
            OJ L 237, 15.9.2017, p. 7.
Case T-729/18: Action brought on 10 December 2018 — El Corte Inglés v EUIPO — Lloyd Shoes (LLOYD)
Date: 2018-12-10
Institutions: General Court
Subjects: EU trade mark, clothing, distance selling, footwear industry, registered trade mark, retail trade, trade-mark law, wholesale trade








C_2019044EN.01008001.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/80






Action brought on 10 December 2018 — El Corte Inglés v EUIPO — Lloyd Shoes (LLOYD)
(Case T-729/18)
(2019/C 44/107)
Language in which the application was lodged: Spanish

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Lloyd Shoes GmbH (Sulingen, Germany)

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 LLOYD — Application for registration No 10 367 721

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 13 September 2018 in Joined Cases R 2385/2017-1 and R 2431/2017-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision, inasmuch as, by dismissing in part the appeal brought by the opponent, it upholds in part the decision of the Opposition Division handed down in the opposition proceedings B 1 959 470, granting EU trade mark No 10 367 721 LLOYD (figurative) for ‘wholesaling and retailing, including via the internet and through teleshopping, in the fields of clothing, footwear, headgear’;










—


order any party or parties opposing this action 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.