# Official Journal C 256/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.256.eng |
| --- | --- |
| Official Journal
  of the European Union | C 256 |
| | |
| English edition | Information and Notices | Volume 5323 September 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.256.eng

Official Journal

of the European Union

C 256

English edition

Information and Notices

Volume 5323 September 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 256/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2010/C 256/02 | Non-opposition to a notified concentration (Case COMP/M.5925 — Metlife/Alico/Delam) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 256/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

2010/C 256/02

Non-opposition to a notified concentration (Case COMP/M.5925 — Metlife/Alico/Delam) (
  1
  )

1

2

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 256/03 | Euro exchange rates | 3 |
| 2010/C 256/04 | New national side of euro coins intended for circulation | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 256/03

Euro exchange rates

3

2010/C 256/04

New national side of euro coins intended for circulation

4

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2010/C 256/05 | Notice of open competitions | 5 |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2010/C 256/06 | Judgment of the Court of 1 December 2009 in Case E-3/09 EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC) | 6 |
| 2010/C 256/07 | Judgment of the Court of 1 December 2009 in Case E-5/09 EFTA Surveillance Authority v The Republic of Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC) | 7 |
| 2010/C 256/08 | Judgment of the Court of 1 December 2009 in Case E-7/09 EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/56/EC of the European Parliament and of the Council on cross-border mergers of limited liability companies) | 8 |
| 2010/C 256/09 | Action brought on 9 July 2010 by Swisscom RE Aktiengesellschaft against the EFTA Surveillance Authority (Case E-7/10) | 9 |
| | OTHER ACTS |
| | European Commission |
| 2010/C 256/10 | Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs | 10 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2010/C 256/05

Notice of open competitions

5

COURT PROCEEDINGS

EFTA Court

2010/C 256/06

Judgment of the Court of 1 December 2009 in Case E-3/09 EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

6

2010/C 256/07

Judgment of the Court of 1 December 2009 in Case E-5/09 EFTA Surveillance Authority v The Republic of Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

7

2010/C 256/08

Judgment of the Court of 1 December 2009 in Case E-7/09 EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/56/EC of the European Parliament and of the Council on cross-border mergers of limited liability companies)

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/56/EC of the European Parliament and of the Council on cross-border mergers of limited liability companies)

8

2010/C 256/09

Action brought on 9 July 2010 by Swisscom RE Aktiengesellschaft against the EFTA Surveillance Authority (Case E-7/10)

9

OTHER ACTS

European Commission

2010/C 256/10

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

10

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.9.2010 | EN | Official Journal of the European Union | C 256/1 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/1

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Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

2010/C 256/01

| Date of adoption of the decision | 30.9.2009 |
| --- | --- |
| Reference number of State Aid | N 331/08 |
| Member State | France |
| Region | Département des Hauts-de-Seine |
| Title (and/or name of the beneficiary) | Compensation de charges pour une délégation de service publique (DSP) pour l'établissement et l'exploitation d'un réseau de communications électroniques à très haut débit dans le département des Hauts-de-Seine. |
| Legal basis | Code général des collectivités territoriales (Article L. 1425-1). |
| Type of measure | Aid scheme |
| Objective | Sectoral development |
| Form of aid | Direct grant |
| Budget | Overall budget: EUR 59 million |
| Intensity | — |
| Duration (period) | 10.10.2009-10.10.2015 |
| Economic sectors | Post and telecommunications |
| Name and address of the granting authority | Département des Hauts-de-Seine |
| Other information | — |

Date of adoption of the decision

30.9.2009

Reference number of State Aid

N 331/08

Member State

France

Region

Département des Hauts-de-Seine

Title (and/or name of the beneficiary)

Compensation de charges pour une délégation de service publique (DSP) pour l'établissement et l'exploitation d'un réseau de communications électroniques à très haut débit dans le département des Hauts-de-Seine.

Legal basis

Code général des collectivités territoriales (Article L. 1425-1).

Type of measure

Aid scheme

Objective

Sectoral development

Form of aid

Direct grant

Budget

Overall budget: EUR 59 million

Intensity

—

Duration (period)

10.10.2009-10.10.2015

Economic sectors

Post and telecommunications

Name and address of the granting authority

Département des Hauts-de-Seine

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

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| 23.9.2010 | EN | Official Journal of the European Union | C 256/2 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/2

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Non-opposition to a notified concentration

(Case COMP/M.5925 — Metlife/Alico/Delam)

(Text with EEA relevance)

2010/C 256/02

On 24 August 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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 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/en/index.htm) under document number 32010M5925. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5925. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.9.2010 | EN | Official Journal of the European Union | C 256/3 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/3

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Euro exchange rates (1)

22 September 2010

2010/C 256/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3364 |
| JPY | Japanese yen | 113,14 |
| DKK | Danish krone | 7,4499 |
| GBP | Pound sterling | 0,85530 |
| SEK | Swedish krona | 9,1276 |
| CHF | Swiss franc | 1,3217 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8965 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,578 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 279,65 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7095 |
| PLN | Polish zloty | 3,9415 |
| RON | Romanian leu | 4,2590 |
| TRY | Turkish lira | 1,9849 |
| AUD | Australian dollar | 1,3983 |
| CAD | Canadian dollar | 1,3678 |
| HKD | Hong Kong dollar | 10,3714 |
| NZD | New Zealand dollar | 1,8122 |
| SGD | Singapore dollar | 1,7717 |
| KRW | South Korean won | 1 537,58 |
| ZAR | South African rand | 9,3793 |
| CNY | Chinese yuan renminbi | 8,9644 |
| HRK | Croatian kuna | 7,2840 |
| IDR | Indonesian rupiah | 11 956,81 |
| MYR | Malaysian ringgit | 4,1308 |
| PHP | Philippine peso | 58,611 |
| RUB | Russian rouble | 41,4560 |
| THB | Thai baht | 40,955 |
| BRL | Brazilian real | 2,2798 |
| MXN | Mexican peso | 16,9589 |
| INR | Indian rupee | 60,9330 |

Currency

Exchange rate

USD

US dollar

1,3364

JPY

Japanese yen

113,14

DKK

Danish krone

7,4499

GBP

Pound sterling

0,85530

SEK

Swedish krona

9,1276

CHF

Swiss franc

1,3217

ISK

Iceland króna

NOK

Norwegian krone

7,8965

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,578

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

279,65

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7095

PLN

Polish zloty

3,9415

RON

Romanian leu

4,2590

TRY

Turkish lira

1,9849

AUD

Australian dollar

1,3983

CAD

Canadian dollar

1,3678

HKD

Hong Kong dollar

10,3714

NZD

New Zealand dollar

1,8122

SGD

Singapore dollar

1,7717

KRW

South Korean won

1 537,58

ZAR

South African rand

9,3793

CNY

Chinese yuan renminbi

8,9644

HRK

Croatian kuna

7,2840

IDR

Indonesian rupiah

11 956,81

MYR

Malaysian ringgit

4,1308

PHP

Philippine peso

58,611

RUB

Russian rouble

41,4560

THB

Thai baht

40,955

BRL

Brazilian real

2,2798

MXN

Mexican peso

16,9589

INR

Indian rupee

60,9330

---

(1)  Source: reference exchange rate published by the ECB.

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| 23.9.2010 | EN | Official Journal of the European Union | C 256/4 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/4

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New national side of euro coins intended for circulation

2010/C 256/04

Image

National side of the new commemorative 2-euro coin intended for circulation and issued by Finland

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Finland

Subject of commemoration: Currency Decree of 1860 granting Finland the right to issue banknotes and coins

Description of the design: The design shows on the left side a stylised lion figure from the coat of arms of Finland and the year ‘2010’. On the right side, the mintmark and a set of numbers symbolising coin values. At the bottom, the indication of the issuing country reference ‘FI’.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: 1,6 million

Date of issue: October 2010

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

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V Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

| 23.9.2010 | EN | Official Journal of the European Union | C 256/5 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/5

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NOTICE OF OPEN COMPETITIONS

2010/C 256/05

The European Personnel Selection Office (EPSO) is organising the following open competitions:

EPSO/AD/198/10 (AD 9) and EPSO/AD/199/10 (AD 12)

HEADS OF UNIT WITH ROMANIAN CITIZENSHIP (RO)

in the following fields:

| 1. | Law |
| --- | --- |

1.

Law

| 2. | Economy |
| --- | --- |

2.

Economy

| 3. | European public administration |
| --- | --- |

3.

European public administration

The competition notice is published in Official Journal C 256 A of 23 September 2010
  in Romanian only.

Further details can be found on the EPSO website: http://eu-careers.eu

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COURT PROCEEDINGS

EFTA Court

| 23.9.2010 | EN | Official Journal of the European Union | C 256/6 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/6

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JUDGMENT OF THE COURT

of 1 December 2009

in Case E-3/09 EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

2010/C 256/06

In Case E-3/09, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority of the measures necessary to implement the Act referred to, inter alia, at point 7b of Annex IX to the EEA Agreement, i.e. Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time-limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 64(1) of that Act and under Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson (Judge-Rapporteur) and Henrik Bull, Judges, gave judgment on 1 December 2009, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC, as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 64(1) of the Directive and under Article 7 of the EEA Agreement. |
| --- | --- |

1.

Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC, as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 64(1) of the Directive and under Article 7 of the EEA Agreement.

| 2. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

---

| 23.9.2010 | EN | Official Journal of the European Union | C 256/7 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/7

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JUDGMENT OF THE COURT

of 1 December 2009

in Case E-5/09

EFTA Surveillance Authority v The Republic of Iceland

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

2010/C 256/07

In Case E-5/09, EFTA Surveillance Authority v The Republic of Iceland — APPLICATION for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority of the measures necessary to implement the Act referred to, inter alia, at point 7b of Annex IX to the EEA Agreement, i.e. Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, within the time-limit prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 64(1) of that Act and Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur), Judges, gave judgment on 1 December 2009, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 64(1) of the Directive and under Article 7 of the EEA Agreement. |
| --- | --- |

1.

Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 64(1) of the Directive and under Article 7 of the EEA Agreement.

| 2. | Orders the Republic of Iceland to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Republic of Iceland to bear the costs of the proceedings.

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| 23.9.2010 | EN | Official Journal of the European Union | C 256/8 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/8

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JUDGMENT OF THE COURT

of 1 December 2009

in Case E-7/09

EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/56/EC of the European Parliament and of the Council on cross-border mergers of limited liability companies)

2010/C 256/08

In Case E-7/09, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by failing to adopt the measures necessary to implement the Act referred to at point 10e of Annex XXII to the EEA Agreement, i.e. Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, as adapted to the EEA Agreement by Protocol 1 thereto, within the time-limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of that Act and Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur), Judges, gave judgment on 1 December 2009, the operative part of which is as follows:

The Court hereby:

| 1. | Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of the Directive and under Article 7 of the EEA Agreement. |
| --- | --- |

1.

Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of the Directive and under Article 7 of the EEA Agreement.

| 2. | Orders the Principality of Liechtenstein to bear the costs of the proceedings. |
| --- | --- |

2.

Orders the Principality of Liechtenstein to bear the costs of the proceedings.

---

| 23.9.2010 | EN | Official Journal of the European Union | C 256/9 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/9

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Action brought on 9 July 2010 by Swisscom RE Aktiengesellschaft against the EFTA Surveillance Authority

(Case E-7/10)

2010/C 256/09

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 9 July 2010 by Swisscom RE Aktiengesellschaft, represented by Dr. Michael Sánchez Rydelski, Rechtsanwalt for Swisscom RE Aktiengesellschaft, Kirchstrasse 12, 9490 Vaduz, LIECHTENSTEIN.

Swisscom RE Aktiengesellschaft requests the EFTA Court to:

| 1. | annul EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 regarding the taxation of captive insurance companies under the Liechtenstein Tax Act; |
| --- | --- |

1.

annul EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 regarding the taxation of captive insurance companies under the Liechtenstein Tax Act;

| 2. | in the alternative, declare void Articles 3 and 4 of EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 to the extent that they order the recovery of the aid referred to in Article 1 of that Decision;
  and |
| --- | --- |

2.

in the alternative, declare void Articles 3 and 4 of EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 to the extent that they order the recovery of the aid referred to in Article 1 of that Decision;

and

| 3. | order the EFTA Surveillance Authority to pay the costs of the proceedings. |
| --- | --- |

3.

order the EFTA Surveillance Authority to pay the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | The Applicant, Swisscom RE Aktiengesellschaft, a wholly owned subsidiary of Swisscom AG, has carried out captive reinsurance operations in Liechtenstein for the Swisscom Group since its establishment in 1997. |
| --- | --- |

—

The Applicant, Swisscom RE Aktiengesellschaft, a wholly owned subsidiary of Swisscom AG, has carried out captive reinsurance operations in Liechtenstein for the Swisscom Group since its establishment in 1997.

| — | The Applicant submits that the EFTA Surveillance Authority incorrectly applied Article 61(1) of the EEA Agreement. The Liechtenstein tax measures do not constitute State aid because captives do not qualify as undertakings within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Liechtenstein tax measure cannot be regarded as selective measures under Article 61(1) of the EEA Agreement. |
| --- | --- |

—

The Applicant submits that the EFTA Surveillance Authority incorrectly applied Article 61(1) of the EEA Agreement. The Liechtenstein tax measures do not constitute State aid because captives do not qualify as undertakings within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Liechtenstein tax measure cannot be regarded as selective measures under Article 61(1) of the EEA Agreement.

| — | Moreover, the Applicant claims:






  — | that, should the Court conclude that the Liechtenstein tax measures were to involve State aid, the EFTA Surveillance Authority erred in ordering the recovery of the alleged aid as from 6 November 2001; and |
| --- | --- | --- |

—

Moreover, the Applicant claims:

—

that, should the Court conclude that the Liechtenstein tax measures were to involve State aid, the EFTA Surveillance Authority erred in ordering the recovery of the alleged aid as from 6 November 2001; and

| — | that the EFTA Surveillance Authority did not provide adequate reasoning on essential points in its assessment, as required by Article 16 of the Surveillance and Court Agreement. |
| --- | --- |

—

that the EFTA Surveillance Authority did not provide adequate reasoning on essential points in its assessment, as required by Article 16 of the Surveillance and Court Agreement.

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OTHER ACTS

European Commission

| 23.9.2010 | EN | Official Journal of the European Union | C 256/10 |
| --- | --- | --- | --- |

23.9.2010

EN

Official Journal of the European Union

C 256/10

---

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

2010/C 256/10

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months of the date of this publication.

SINGLE DOCUMENT

COUNCIL REGULATION (EC) No 510/2006

‘PORCHETTA DI ARICCIA’

EC No: IT-PGI-0005-0762-02.03.2009

PGI ( X ) PDO ( )

1.   Name:

‘Porchetta di Ariccia’

2.   Member State or third country:

Italy

3.   Description of the agricultural product or foodstuff:

3.1.   Type of product:

| Class 1.2. | Meat products (cooked, salted, smoked, etc.) |
| --- | --- |

Class 1.2.

Meat products (cooked, salted, smoked, etc.)

3.2.   Description of the product to which the name in (1) applies:

The ‘Porchetta di Ariccia’ Protected Geographical Indication is reserved for cooked whole pig, or the central part thereof, seasoned with black pepper, rosemary and garlic and having the following characteristics:

Weight: for the whole pig or ‘porchetta intera’, between 27 kg and 45 kg; for the central part or ‘tronchetto’, between 7 kg and 13 kg.

Rind: this is present on the upper part of the ‘porchetta intera’ and ‘tronchetto’ and must be crispy, brown and tasty; on the lower part, the rind may be soft.

Meat: appearance: coloured between white and pink, with the presence of spices.

Flavour: must be that of pork meat flavoured with rosemary, garlic and black pepper.

When released for consumption the product must have the following chemical and physical characteristics: water activity (Aw): < 0,98; relative humidity: < 57 %; fat: < 33 %; protein content: > 20 %.

3.3.   Raw materials (for processed products only):

The raw material used to produce ‘Porchetta di Ariccia’ PGI comes from female pigs entered in the herd-books of the Landrace, Large White and Pietrain breeds and their crosses. Carcases that reach the establishment must belong to classes S, E or U, as provided for by the Community legislation in force.

For production of the ‘porchetta intera’, the weight of the eviscerated carcase, upon delivery, must be between 60 kg and 90 kg. The carcase for the ‘porchetta intera’ must have the fore and hind legs and/or the head.

For production of the ‘tronchetto’, the portion of the side between the third dorsal vertebra and the last lumbar vertebra is used. At the time of delivery, this portion should weigh between 14 kg and 25 kg.

3.4.   Feed (for products of animal origin only):

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3.5.   Specific steps in production that must take place in the identified geographical area:

The following stages in the production of ‘Porchetta di Ariccia’ must take place in Ariccia municipality: manual boning of the carcase, salting, seasoning with pepper, garlic and rosemary, tying, cooking and subsequent cooling.

3.6.   Specific rules concerning slicing, grating, packaging, etc.:

‘Porchetta di Ariccia’ PGI may be packaged whole, in thick slices or in thin slices. The packaging may be made from paper and/or plastic for food use. The product may be vacuum packed and/or packed in a modified atmosphere.

3.7.   Specific rules concerning labelling:

The label on the packaging must bear the logo of the domination and, alongside it, the Community graphic symbol, in compliance with Regulation (EC) No 1898/2006 as amended.

Image

4.   Concise definition of the geographical area:

The production area for ‘Porchetta di Ariccia’ PGI covers the entire territory of Ariccia municipality.

5.   Link with the geographical area:

5.1.   Specificity of the geographical area:

Ariccia is one of the best known and most popular locations close to Rome. Here, unlike in other neighbouring villages, the link with ‘porchetta’ and its production boast an age-old tradition. Indeed, not only is Ariccia thought to be the place of origin of the priests who prepared the pork meat to be offered as a sacrifice in the temple of Jupiter Latiaris on the nearby Monte Cavo, but it is also believed that, thanks to the later presence of the Roman nobility, who used to summer in Ariccia or organise hunts there, it was possible to develop this master craftsmanship in the production of ‘porchetta’ that exists to this day and continues to be handed down from father to son in the families of Ariccia.

5.2.   Specificity of the product:

‘Porchetta di Ariccia’ has always been known for its meat, with a colour between white and pink, whose flavour and aroma are improved by the careful use of rosemary, pepper and garlic, which are used in the preparation of the carcase, and for the crispiness of the rind, one of the product's distinctive characteristics, which is obtained through appropriate cooking and remains unchanged even after several days.

5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI):

The reputation of ‘Porchetta di Ariccia’ dates back to 1950 when producers from Ariccia, guided by their mayor, organised the first ‘Sagra della Porchetta di Ariccia’ (‘Porchetta di Ariccia’ Fair), with the aim of celebrating this succulent product, which even then was well known. This charming traditional event has taken place in Ariccia every year since then, with ‘porchetta’ being offered on festive stalls by vendors dressed in traditional local costume. Proof of this is the ‘Extract from the Register of Minutes of the Municipal Council of 14 September 1962 on the subsidy for the Festival of the Patron Saint, St Apollonia, and the “Porchetta” Fair’.

The undoubted connection between the traditional production area and the success of ‘Porchetta di Ariccia’ is the fruit of the specific technical ability of Ariccia ‘porchetta’ producers who, during the course of history, have handed down from generation to generation, through master craftsmanship that exists to the present day, the skill of seasoning, flavouring, tying and slowly oven-cooking the pig. The name ‘Porchetta di Ariccia’ has entered common parlance and consumers associate it only with the product originating in Ariccia municipality, precisely because the meat and rind have the special characteristics, to which consumers are very much attached, that make it a very pleasant taste experience.

The use of the name ‘porchetta’ derives from the fact that, as tradition dictates, only the carcases of female animals, whose meat is known to be leaner and more flavoursome, are used. Further proof of the reputation of ‘Porchetta di Ariccia’ can be found in C.E. Gadda's novel ‘That Awful Mess on Via Merulana’ (1957), which describes the regular sale of the product in a neighbourhood market in central Rome.

Reference to publication of the specification:

(Article 5(7) of Regulation (EC) No 510/2006)

This Ministry has launched the national objection procedure for the proposal to recognise the ‘Porchetta di Ariccia’ Protected Geographical Indication.

The full text of the product specification is available:

| — | on the following website: http://www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm?txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg
  or |
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on the following website: http://www.politicheagricole.it/DocumentiPubblicazioni/Search_Documenti_Elenco.htm?txtTipoDocumento=Disciplinare%20in%20esame%20UE&txtDocArgomento=Prodotti%20di%20Qualit%E0>Prodotti%20Dop,%20Igp%20e%20Stg

or

| — | by going directly to the home page of the Ministry (http://www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE [regolamento (CE) n. 510/2006]’. |
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by going directly to the home page of the Ministry (http://www.politicheagricole.it) and clicking on ‘Prodotti di Qualità’ (on the left of the screen) and then on ‘Disciplinari di Produzione all’esame dell’UE [regolamento (CE) n. 510/2006]’.

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(1)  OJ L 93, 31.3.2006, p. 12.

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