do-me/EUR-LEX huggingface dataset:
Case C-349/08 P: Appeal brought on 1 August 2008 by Dr Hans Kronberger against the Order of the Court of First Instance (Seventh Chamber) of 21 May 2008 in Case T-18/07 Dr Hans Kronberger v European Parliament
Date: 2008-08-01
Institutions: Court of Justice
Subjects: European election, General Court (EU), Member of the European Parliament, appeal, elective office, preferential voting








C_2009205EN.01001901.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/19





Appeal brought on 1 August 2008 by Dr Hans Kronberger against the Order of the Court of First Instance (Seventh Chamber) of 21 May 2008 in Case T-18/07 Dr Hans Kronberger v European Parliament
(Case C-349/08 P)
2009/C 205/32
Language of the case: German

Parties


Appellant: Dr Hans Kronberger (represented by: W. Weh, Rechtsanwalt)
Other party to the proceedings: European Parliament
Dr Hans Kronberger brought an appeal on 1 August 2008 before the Court of Justice of the European Communities against the order of the Court of First Instance (Seventh Chamber) of 21 May 2008 in Case T-18/07 Dr Hans Kronberger v European Parliament. The appellant is represented by Dr Wilfried Ludwig Weh, Rechtsanwalt, of Wolfeggstraße 1, AT-6900 Bregenz.
By Order of 19 May 2009 the Court of Justice of the European Communities (Eighth Chamber) dismissed the appeal and ordered the appellant to pay his own costs.
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)
Date: 2008-08-01
Institutions: European Commission
Subjects: Czechia, Germany, State aid, control of State aid, cultural policy, regional development

1.8.2008

EN

Official Journal of the European Union

C 195/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

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)

(2008/C 195/01)

Date of adoption of the decision

30.4.2008

Reference number of the aid

NN 43/07 (ex N 31/06)

Member State

Region

Czech Republic

—

Title (and/or name of the beneficiary) Náhrada za ztráty a škody na předmětech poskytnutých pro významné veřejné

výstavy

Legal basis

Type of measure

Objective

Form of aid

Budget

Intensity

Duration

Zákon o některých druzích podpory kultury a o změně některých souvisejících
zákonů (č. 203/2006 Sb. – 12/04/2006)

Aid scheme

Culture

Guarantee

Annual budget: CZK 10 million

—

12.4.2006-

Economic sectors

Recreational, cultural sporting activities

Name and address of
authority

the granting

Ministerstvo kultury
Maltézské nám. 1
CZ-118 11 Praha 1

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/

C 195/2

EN

Official Journal of the European Union

1.8.2008

Date of adoption of the decision

2.7.2008

Reference number of the aid

Member State

Region

N 199/08

Germany

Sachsen-Anhalt

Title (and/or name of the beneficiary)

Intico Solar AG

Legal basis

Investitionszulagengesetz 2007 sowie etwaige Nachfolgeregelung; 36. Rahmen-
plan der Gemeinschaftsaufgabe — Verbesserung der regionalen Wirtschafts-
struktur

Type of measure

Individual aid

Objective

Form of aid

Budget

Intensity

Duration

Regional development

Direct grant and investment premium

Overall budget: EUR 73,125 million

11,88 %

2008-2010

Economic sectors

Electrical and optical equipment

Name and address of
authority

the granting

Investitionsbank Sachsen-Anhalt
Domplatz 12
D-39104 Magdeburg

Finanzamt Halle (Saale)-Nord
Blücherstr. 1
D-06122 Halle

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/
Final report of the Hearing Officer in Case COMP/M.4747 — IBM/Telelogic (Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21 )
Date: 2008-08-01
Institutions: European Commission
Subjects: application of EU law, audit, competition law, computer systems, economic concentration, information technology, merger control, report, software

1.8.2008

EN

Official Journal of the European Union

C 195/5

Final report of the Hearing Officer in Case COMP/M.4747 — IBM/Telelogic

(Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of
reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2008/C 195/04)

On 28 June 2007, the Commission received a referral request from International Business Machines
Corporation (IBM) pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (Merger Regulation). No
Member State competent to examine the concentration under its national competition law objected to the
referral. Accordingly,
to
Article 4(5) of the Merger Regulation and should therefore be notified to the Commission.

the concentration was deemed to have a Community dimension pursuant

Subsequently, on 29 August 2007, the Commission received a notification of a proposed concentration by
which IBM acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the under-
taking Telelogic AB by way of a public bid, which was announced on 11 June 2007.

the transaction
After a preliminary examination of
raised serious doubts as to its compatibility with the common market and the functioning of the EEA agree-
ment. Accordingly, the Commission decided, on 3 October 2007, to initiate proceedings pursuant to
Article 6(1)(c) of the Merger Regulation.

the Commission found that

the notification,

On 15 November 2007, the Commission adopted a decision under Article 11(3) of the Merger Regulation
requiring IBM to supply certain information. In accordance with Article 10(1) of the Merger Regulation and
Article 9(4) of Regulation (EC) No 802/2004 (the Merger Implementing Regulation) the procedure was
suspended from 5 November 2007 until 3 December 2007.

Access to key documents was provided to the notifying party on 9 October 2007 in accordance with
DG Competition's ‘Best Practices on the conduct of EC merger control proceedings’.

Following the in-depth market investigation the Commission has concluded that the proposed transaction
does not significantly impede effective competition in the common market or in a substantial part of it and
is therefore compatible with the common market and the EEA Agreement. Accordingly, no Statement of
Objections was sent to the notifying party.

No queries or submissions have been made to me by the merging parties or any third party. The case does
not call for any particular comments as regards the right to be heard.

Brussels, 22 February 2008.

Karen WILLIAMS
Commission opinion of 1 August 2008 concerning the plan for the disposal of radioactive waste arising from the Urenco Capenhurst Ltd uranium enrichment plant in the United Kingdom, in accordance with Article 37 of the Euratom Treaty
Date: 2008-08-01
Institutions: European Commission
Subjects: United Kingdom, environmental standard, fuel enrichment, nuclear industry, radioactive effluent, radioactive waste, storage of waste, uranium

2.8.2008

EN

Official Journal of the European Union

C 196/1

I

(Resolutions, recommendations and opinions)

OPINIONS

COMMISSION

COMMISSION OPINION

of 1 August 2008

concerning the plan for the disposal of radioactive waste arising from the Urenco Capenhurst Ltd
uranium enrichment plant in the United Kingdom, in accordance with Article 37 of the Euratom
Treaty

(Only the English text is authentic)

(2008/C 196/01)

On 18 December 2007, the European Commission received from the Government of the United Kingdom,
in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of
radioactive waste arising from the Urenco Capenhurst Ltd uranium enrichment plant.

On the basis of these data and additional information requested by the Commission on 15 January 2008
and provided by the British authorities on 7 and 8 April 2008, and following consultation with the Group
of Experts, the Commission has drawn up the following opinion:

1. The distance between the enrichment plant and the nearest border with another Member State, in this

case Ireland, is approximately 195 km.

2. During normal operations, discharges of liquid and gaseous effluents will not cause an exposure liable to

affect the health of the population in other Member States.

3. Solid radioactive wastes (combustible and non-combustible) will be transferred, for incineration or
disposal, to licensed sites in the United Kingdom. Non-radioactive solid waste or residual materials in
compliance with clearance levels will be released from regulatory control for disposal as conventional
waste of for reuse or recycling. This will be done in compliance with the criteria laid down in the Basic
Safety Standards (Council Directive 96/29/Euratom).

4. In the event of unplanned releases of radioactive effluents resulting from an accident of the type and
magnitude considered in the General Data, the doses received in other Member States will not be liable
to affect the health of the population.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of
radioactive waste in whatever form arising from the Urenco Capenhurst Ltd uranium enrichment plant in
the United Kingdom, both in normal operation and in the event of an accident of the type and magnitude
considered in the General Data, is not liable to result in the radioactive contamination of the water, soil or
airspace of another Member State.
2008/662/EC: Commission Decision of 1 August 2008 amending Decision 2007/27/EC as regards the extension of its period of application (notified under document number C(2008) 3995) (Text with EEA relevance)
Date: 2008-08-01
Institutions: European Commission
Subjects: Romania, agri-foodstuffs, approval, delivery, food inspection, raw milk, transitional period (EU)

12.8.2008

EN

Official Journal of the European Union

L 215/9

COMMISSION DECISION

of 1 August 2008

amending Decision 2007/27/EC as regards the extension of its period of application

(notified under document number C(2008) 3995)

(Text with EEA relevance)

(2008/662/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of Bulgaria and
Romania,

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular Article 42 thereof,

(3)

(4)

establishments has increased. However, part of the raw
cow milk collected in Romania is still non-compliant
milk. It is therefore appropriate to prolong the validity
of Decision 2007/27/EC.

Decision 2007/27/EC should therefore be amended
accordingly.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

Whereas:

(1)

Commission Decision 2007/27/EC of 22 December
2006 adopting certain transitional measures concerning
deliveries of raw milk to processing establishments and
the processing of this raw milk in Romania with regard
to the requirements of Regulation (EC) No 852/2004 and
(EC) No 853/2004 of the European Parliament and of
the Council (1) sets out lists of milk processing estab­
lishments in Romania that comply with the structural
requirements
(EC) No
852/2004 (compliant establishments) and are authorised
to receive and process
in
compliance with Regulation (EC) No 853/2004 (non-
compliant milk). That Decision expires on 30 June 2008.

raw milk which is not

in Regulation

down

laid

HAS ADOPTED THIS DECISION:

Article 1

In the second paragraph of Article 7 of Decision 2007/27/EC,
is replaced by ‘31 December 2009’.
the date ‘30 June 2008’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 1 August 2008.

(2)

In Romania the proportion of raw milk that complies
with the hygiene requirements laid down in Regulation
(EC) No 853/2004, which is delivered to compliant

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) OJ L 8, 13.1.2007, p. 45. Decision as last amended by Decision

2008/452/EC (OJ L 158, 18.6.2008, p. 58).
Euro exchange rates
Date: 2008-08-01
Institutions: European Commission
Subjects: euro, exchange rate

1.8.2008

EN

Official Journal of the European Union

C 195/3

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

31 July 2008

(2008/C 195/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

SKK

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Slovak koruna

1,5611

TRY

Turkish lira

169,02

AUD Australian dollar

7,4613

0,78895

9,4649

1,6354

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,8090

1,6545

1,5970

12,1809

2,1296

2,1354

123,40

KRW South Korean won

1 579,05

8,0205

1,9558

23,947

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

231,26

MYR Malaysian ringgit

3,4528

0,7043

3,2063

3,5098

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,371

MXN Mexican peso

11,4590

10,6651

7,2263

14 198,20

5,0829

68,900

36,5767

52,328

2,4419

15,6375

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 769/2008 of 1 August 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-08-01
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

2.8.2008

EN

Official Journal of the European Union

L 206/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 769/2008

of 1 August 2008

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1),

Regulation (EC) No 1580/2007 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade negotiations,
the criteria whereby the Commission fixes the standard values
for imports from third countries, in respect of the products and
periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 1580/2007
of 21 December 2007 laying down implementing rules for
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (2), and in
particular Article 138(1) thereof,

The standard import values referred to in Article 138 of Regu­
lation (EC) No 1580/2007 are fixed in the Annex hereto.

This Regulation shall enter into force on 2 August 2008.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 August 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) OJ L 350, 31.12.2007, p. 1. Regulation as last amended by Regu­

lation (EC) No 590/2008 (OJ L 163, 24.6.2008, p. 24).

L 206/2

EN

Official Journal of the European Union

2.8.2008

Standard import values for determining the entry price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0709 90 70

0805 50 10

0806 10 10

0808 10 80

0808 20 50

0809 20 95

0809 30

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

MK
TR
XS
ZZ

TR
ZZ

AR
US
UY
ZA
ZZ

CL
EG
IL
MK
TR
ZZ

AR
BR
CL
CN
NZ
US
ZA
ZZ

AR
CL
NZ
TR
ZA
ZZ

CA
TR
US
ZZ

TR
US
ZZ
BA
IL
TR
XS
ZZ

27,8
74,2
26,5
42,8

97,2
97,2

78,5
95,7
67,2
88,2
82,4

43,1
141,1
145,6
76,7
156,0
112,5

88,5
103,0
107,1
88,5
114,8
101,0
92,9
99,4

70,7
64,8
152,7
153,4
97,1
107,7

285,7
423,0
394,8
367,8

154,2
191,9
173,1
70,3
119,0
111,4
62,1
90,7

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands

for ‘of other origin’.
Prior notification of a concentration (Case COMP/M.5279 — Linde/Flowserve/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-08-01
Institutions: European Commission
Subjects: economic concentration, energy transport, exchange of information, merger control, natural gas, pump

C 195/12

EN

Official Journal of the European Union

1.8.2008

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5279 — Linde/Flowserve/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 195/07)

1.
On 24 July 2008, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Flowserve Corporation
(‘Flowserve’, USA) and Linde AG (‘Linde’, Germany) acquire within the meaning of Article 3(1)(b) of the
Council Regulation joint control of the undertaking Flowserve Compression Systems GmbH (‘Flowserve
Compression’, Austria) by way of purchase of shares in a newly created company constituting a joint
venture.

2.

The business activities of the undertakings concerned are:

— for Flowserve: industrial pumps, valves,

— for Linde: industrial gases, development of natural gas plants, logistics,

— for Flowserve Compression: refuelling systems for natural gas vehicles.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. 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.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5279 — Linde/Flowserve/JV, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Opinion of the Advisory Committee on Mergers given at its meeting of 20 February 2008 relating a draft decision relating to Case COMP/M.4747 — IBM/Telelogic — Rapporteur: Spain
Date: 2008-08-01
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: application of EU law, competition law, computer systems, economic concentration, information technology, merger control, software

C 195/4

EN

Official Journal of the European Union

1.8.2008

Opinion of the Advisory Committee on Mergers given at its meeting of 20 February 2008 relating a
draft decision relating to Case COMP/M.4747 — IBM/Telelogic

Rapporteur: Spain

(2008/C 195/03)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concentra-

tion within the meaning of Article 3(1)(b) of the EC Merger Regulation.

2. The Advisory Committee agrees with the Commission that the notified operation has a Community

dimension within the meaning of Articles 1 and 4(5) of the EC Merger Regulation.

3. The Advisory Committee agrees with the Commission's definition of the relevant product markets.

4. The Advisory Committee agrees with the Commission's definition of the relevant geographic market.

5. The Advisory Committee agrees with the Commission's assessment that the notified operation would not

significantly impede effective competition on the market for software Modelling tools.

6. The Advisory Committee agrees with the Commission's assessment that the notified operation would not
significantly impede effective competition on the market for software Requirements Management tools.

7. The Advisory Committee agrees with the Commission that the notified concentration should be declared
compatible with the Common Market and with the functioning of the EEA Agreement in accordance
with Articles 2(2), 8(1) and 10(2) of the Merger Regulation and Article 57 of the EEA Agreement.