do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10442 – Advent International/Sobi) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 384/04
Date: 2021-09-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, orphan disease, pharmaceutical industry








C_2021384EN.01000401.xml










22.9.2021   


EN


Official Journal of the European Union


C 384/4






Prior notification of a concentration
(Case M.10442 – Advent International/Sobi)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 384/04)

1.   
On 14 September 2021, 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:






—


Advent International Corporation (‘Advent’, USA),










—


Swedish Orphan Biovitrum AB (‘Sobi’, Sweden).




Advent acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Sobi.
The concentration is accomplished by way of public bid announced on 2 September 2021.


2.   
The business activities of the undertakings concerned are:






—


Advent is a private equity investor based in Boston, USA. Advent focuses on the acquisition of equity stakes and the management of investment funds in various sectors, including healthcare, industrial, technology, retail, consumer and leisure, and business and financial services.










—


Sobi is headquartered in Stockholm, Sweden and is listed on the Nasdaq Stockholm stock exchange. Sobi is an originator pharmaceutical company focussing on the treatment of rare diseases, with its principal areas of focus on treatments in haematology and immunology.






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.10442 – Advent International/Sobi
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.
Case T-173/20: Judgment of the General Court of 22 September 2021 — Henry Cotton’s Brand Management v EUIPO — Industries Sportswear (Henry Cotton’s) (EU trade mark — Proceedings for the revocation of decisions or for the cancellation of entries — Cancellation of an entry in the register which contains an obvious error attributable to EUIPO — Trade marks involved in insolvency proceedings — Registration of the transfers of the marks — Effects vis-à-vis third parties of bankruptcy or similar proceedings — Competence of EUIPO — Duty of diligence — Articles 20, 24, 27 and 103 of Regulation (EU) 2017/1001 — Articles 3, 7 and 19 of Regulation (EU) 2015/848)
Date: 2021-09-22
Institutions: General Court
Subjects: EU trade mark, advertising, business management, clothing, cosmetic product, footwear industry, leather, polishing and scouring preparations, registered trade mark, trade-mark law








C_2021462EN.01003902.xml










15.11.2021   


EN


Official Journal of the European Union


C 462/39






Judgment of the General Court of 22 September 2021 — Henry Cotton’s Brand Management v EUIPO — Industries Sportswear (Henry Cotton’s)
(Case T-173/20) (1)

(EU trade mark - Proceedings for the revocation of decisions or for the cancellation of entries - Cancellation of an entry in the register which contains an obvious error attributable to EUIPO - Trade marks involved in insolvency proceedings - Registration of the transfers of the marks - Effects vis-à-vis third parties of bankruptcy or similar proceedings - Competence of EUIPO - Duty of diligence - Articles 20, 24, 27 and 103 of Regulation (EU) 2017/1001 - Articles 3, 7 and 19 of Regulation (EU) 2015/848)
(2021/C 462/46)
Language of the case: English

Parties


Applicant: Henry Cotton’s Brand Management Co. Ltd (Dublin, Ireland) (represented by: A. von Mühlendahl, C. Eckhartt and P. Böhner, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Industries Sportswear Co. Srl (Venice, Italy) (represented by: P. Cervato, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 10 February 2020 (Joined Cases R 254/2019-2 and R 255/2019-2), relating to proceedings between Industries Sportswear and Henry Cotton’s Brand Management regarding the cancellation of entries in the register.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Henry Cotton’s Brand Management Co. Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Industries Sportswear Co. Srl.






(1)  OJ C 191, 8.6.2020.
Opinion of the European Economic and Social Committee on Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013, as regards restrictions to the access to Union waters (COM(2021) 356 final — 2021/0176 (COD))
Date: 2021-09-22
Institutions: European Economic and Social Committee
Subjects: catch by species, catch quota, common fisheries policy, fishing area, fishing controls, fishing rights, fishing vessel, sea fish, sea fishing, territorial waters








C_2021517EN.01012301.xml










22.12.2021   


EN


Official Journal of the European Union


C 517/123






Opinion of the European Economic and Social Committee on Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013, as regards restrictions to the access to Union waters
(COM(2021) 356 final — 2021/0176 (COD))
(2021/C 517/22)






Referral


European Parliament, 8.7.2021
Council, 16.7.2021




Legal basis


Articles 43(2) and article 304 of the Treaty on the Functioning of the European Union




Section responsible


Agriculture, Rural Development and the Environment




Adopted at plenary


22.9.2021




Plenary session No


563




Outcome of vote
(for/against/abstentions)


232/0/5




Since the Committee endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 563rd plenary session of 22 and 23 September 2021 (meeting of 22 September), by 232 votes with 5 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 22 September 2021.


The President of the European Economic and Social Committee

Christa SCHWENG
Commission Implementing Regulation (EU) 2021/1723 of 22 September 2021 entering a name in the register of traditional specialities guaranteed (Salată tradițională cu icre de crap (TSG))
Date: 2021-09-22
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Romania, designation of origin, fish product, labelling, product designation








L_2021344EN.01000101.xml










29.9.2021   


EN


Official Journal of the European Union


L 344/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2021/1723
of 22 September 2021
         
entering a name in the register of traditional specialities guaranteed (Salată tradițională cu icre de crap (TSG))


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)(b) of Regulation (EU) No 1151/2012, Romania’s application to register the name ‘Salată tradițională cu icre de crap’ 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 ‘Salată tradițională cu icre de crap’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Salată tradițională cu icre de crap’ (TSG) 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, 22 September 2021.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






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

(2)  
            OJ C 222, 11.6.2021, p. 31.

(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-686/20: Judgment of the General Court of 22 September 2021 — Asian Gear v EUIPO — Multimox (Scooter) (Community design — Invalidity proceedings — Registered community design representing a scooter — Earlier design — Ground for invalidity — Disclosure of the earlier design — Article 7 of Regulation (EC) No 6/2002)
Date: 2021-09-22
Institutions: General Court
Subjects: designs and models, two-wheeled vehicle








C_2021471EN.01004802.xml










22.11.2021   


EN


Official Journal of the European Union


C 471/48






Judgment of the General Court of 22 September 2021 — Asian Gear v EUIPO — Multimox (Scooter)
(Case T-686/20) (1)

(Community design - Invalidity proceedings - Registered community design representing a scooter - Earlier design - Ground for invalidity - Disclosure of the earlier design - Article 7 of Regulation (EC) No 6/2002)
(2021/C 471/68)
Language of the case: German

Parties


Applicant: Asian Gear BV (Pijnacker, Netherlands) (represented by: B. Gravendeel, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Multimox Holding BV (Rijen, Netherlands) (represented by: J. Schmidt, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 3 September 2020 (Case R 1043/2018-3) relating to invalidity proceedings between Asian Gear and Multimox Holding.

Operative part of the judgment

The General Court:






1.


Dismisses the action;










2.


Orders Asian Gear BV to pay the costs, including the costs necessarily incurred by Multimox Holding BV for the purposes of the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).






(1)  OJ C 35, 1.2.2021.
Non-opposition to a notified concentration (Case M.10440 — SEGRO/PSPIB/Varia Class Logistics) (Text with EEA relevance) 2021/C 393/04
Date: 2021-09-22
Institutions: Directorate-General for Competition, European Commission
Subjects: business park, economic concentration, investment company, merger control, real estate business, real property, storage








C_2021393EN.01000401.xml










29.9.2021   


EN


Official Journal of the European Union


C 393/4






Non-opposition to a notified concentration
(Case M.10440 — SEGRO/PSPIB/Varia Class Logistics)
(Text with EEA relevance)
(2021/C 393/04)
On 22 September 2021, 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 32021M10440. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-580/21: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 22 September 2021 — EEW Energy from Waste Großräschen GmbH v MNG Mitteldeutsche Netzgesellschaft Strom GmbH
Date: 2021-09-22
Institutions: Court of Justice
Subjects: biodegradability, electricity supply, energy production, energy-generating product, renewable energy, waste








C_2021502EN.01001301.xml










13.12.2021   


EN


Official Journal of the European Union


C 502/13






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 22 September 2021 — EEW Energy from Waste Großräschen GmbH v MNG Mitteldeutsche Netzgesellschaft Strom GmbH
(Case C-580/21)
(2021/C 502/20)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: EEW Energy from Waste Großräschen GmbH

Defendant: MNG Mitteldeutsche Netzgesellschaft Strom GmbH

Other party: 50Hertz Transmission GmbH

Questions referred







1.


Is Article 16(2)(c) of Directive 2009/28/EC, (1) read in conjunction with Article 2(a) and (e) thereof, to be interpreted as meaning that priority in respect of the feeding of electricity into the grid must also be given to generating installations in which electricity is produced by means of thermal recovery from mixed waste, whereby the waste contains a variable proportion of industrial and municipal biodegradable waste?










2.


If Question 1 is answered in the affirmative, is the giving of priority in respect of the feed-in of electricity pursuant to Article 16(2)(c) of Directive 2009/28/EC dependent on the proportion of biodegradable waste used in the production of electricity in the manner described in Question 1?










3.


If Question 2 is answered in the affirmative, is there a materiality threshold for the proportion of biodegradable waste below which the rules applicable to electricity from renewable energy sources do not apply to the electricity produced?










4.


If Question 3 is answered in the affirmative, what is the level of that threshold, or how is the threshold to be determined?










5.


If Questions 1 and 2 are answered in the affirmative, when applying the rules on electricity from renewable energy sources to electricity which has been produced only partly from biodegradable waste, can the legal rationale underlying the second subparagraph of Article 5(3) of Directive 2009/28/EC be applied in such a way that those rules apply only to the part of electricity produced from renewable energy sources, and that part is calculated on the basis of the energy content of the individual energy sources?






(1)  Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p. 16).
Special report 22/2021 Sustainable finance: More consistent EU action needed to redirect finance towards sustainable investment 2021/C 384/03
Date: 2021-09-22
Institutions: European Court of Auditors
Subjects: EU environmental policy, EU investment, action programme, climate change policy, economic instrument for the environment, green economy, greenhouse gas, investment aid, investment policy








C_2021384EN.01000301.xml










22.9.2021   


EN


Official Journal of the European Union


C 384/3






Special report 22/2021
Sustainable finance: More consistent EU action needed to redirect finance towards sustainable investment
(2021/C 384/03)
The European Court of Auditors hereby informs you that special report 22/2021 ‘Sustainable finance: More consistent EU action needed to redirect finance towards sustainable investment’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu.
Opinion of the European Economic and Social Committee on Proposal for a Council Decision on the position to be taken on behalf of the European Union within the Regional Steering Committee of the Transport Community as regards the adoption of the budget of the Transport Community for 2022 (COM(2021) 479 final — 2021/0272 (NLE))
Date: 2021-09-22
Institutions: European Economic and Social Committee
Subjects: Western Balkans, agreement (EU), budget, common transport policy, inland waterway transport, joint body (EU), land transport, maritime transport, trans-European network, transport network








C_2021517EN.01012101.xml










22.12.2021   


EN


Official Journal of the European Union


C 517/121






Opinion of the European Economic and Social Committee on Proposal for a Council Decision on the position to be taken on behalf of the European Union within the Regional Steering Committee of the Transport Community as regards the adoption of the budget of the Transport Community for 2022
(COM(2021) 479 final — 2021/0272 (NLE))
(2021/C 517/20)






Referral


Council of the European Union, 25.8.2021




Legal basis


Article 218(9) of the Treaty on the Functioning of the European Union




Section responsible


Transport, Energy, Infrastructure and the Information Society




Adopted at plenary


22.9.2021




Plenary session No


563




Outcome of vote
(for/against/abstentions)


238/0/7




Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 563rd plenary session of 22 and 23 September 2021 (meeting of 22 September), by 238 votes and 7 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 22 September 2021.


The President of the European Economic and Social Committee

Christa SCHWENG
Case T-476/20: Order of the General Court of 22 September 2021 — Alteryx v EUIPO — Allocate Software (ALLOCATE) (EU trade mark — Revocation proceedings — Withdrawal of the application for revocation — No need to adjudicate)
Date: 2021-09-22
Institutions: General Court
Subjects: EU trade mark, computer equipment, electronic device, recording equipment, registered trade mark, software, trade-mark law








C_2021471EN.01005001.xml










22.11.2021   


EN


Official Journal of the European Union


C 471/50






Order of the General Court of 22 September 2021 — Alteryx v EUIPO — Allocate Software (ALLOCATE)
(Case T-476/20) (1)

(EU trade mark - Revocation proceedings - Withdrawal of the application for revocation - No need to adjudicate)
(2021/C 471/71)
Language of the case: English

Parties


Applicant: Alteryx, Inc. (Irvine, California, United States) (represented by: A. Poulter and M. Holah, Solicitors)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Allocate Software Ltd (London, United Kingdom) (represented by: M. Howe, QC, A. Chantrielle, Barrister, E. Powell and B. Milloy, Solicitors)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 May 2020 (Case R 1709/2019-4), relating to revocation proceedings between Allocate Software and Alteryx.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Alteryx, Inc. and Allocate Software Ltd shall bear their own costs and shall each pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO).






(1)  OJ C 313, 21.9.2020.
Case T-435/20: Judgment of the General Court of 22 September 2021 — JR v Commission (Civil service — Officials — Recruitment — Internal competition COM/03/AD/18 (AD 6) — Decision not to include the applicant’s name on the reserve list for the competition — Obligation to state reasons — Secrecy of the selection board’s proceedings — Weighting of the component parts of a test laid down in the notice of competition)
Date: 2021-09-22
Institutions: General Court
Subjects: administrator, competition (EU)








C_2021462EN.01004201.xml










15.11.2021   


EN


Official Journal of the European Union


C 462/42






Judgment of the General Court of 22 September 2021 — JR v Commission
(Case T-435/20) (1)

(Civil service - Officials - Recruitment - Internal competition COM/03/AD/18 (AD 6) - Decision not to include the applicant’s name on the reserve list for the competition - Obligation to state reasons - Secrecy of the selection board’s proceedings - Weighting of the component parts of a test laid down in the notice of competition)
(2021/C 462/50)
Language of the case: French

Parties


Applicant: JR (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Commission (represented by: D. Milanowska and I. Melo Sampaio, acting as Agents)

Re:

Application under Article 270 TFEU for the annulment of the decision of 15 April 2020 of the selection board for the internal competition COM/03/AD/18 (AD 6) — Administrators, rejecting the applicant’s request for review of the decision of that selection board of 16 December 2019 not to include the applicant’s name on the reserve list for that competition and, if needed, for the annulment of that latter decision.

Operative part of the judgment

The Court:






1.


Annuls the decision of 15 April 2020 of the selection board for the internal competition COM/03/AD/18 (AD 6) — Administrators not to include JR on the reserve list for the recruitment of administrators at grade AD 6 in the field of European public administration.










2.


Orders the Commission to pay the costs.






(1)  OJ C 297, 7.9.2020.