do-me/EUR-LEX huggingface dataset:
EFTA Surveillance Authority Decision regarding the contribution of CHF 2,9 million from the Liechtenstein State to the Personalstiftung Ferdinand Frick AG
Date: 2008-09-18
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Liechtenstein, State aid, bankruptcy, claim, control of State aid, furniture industry, pension scheme

C 239/8

EN

Official Journal of the European Union

18.9.2008

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY

EFTA Surveillance Authority Decision regarding the contribution of CHF 2,9 million from the
Liechtenstein State to the Personalstiftung Ferdinand Frick AG

(2008/C 239/06)

The EFTA Surveillance Authority considers that the following measure does not constitute State aid within
the meaning of Article 61(1) of the EEA Agreement.

Date of adoption:

12 March 2008

EFTA State:

Case No:

Title:

Objective:

Legal basis:

Duration:

Liechtenstein

60 953

The contribution of CHF 2,9 million from the Liechtenstein State to the
Personalstiftung Ferdinand Frick AG

Ensure that all the outstanding pension claims of the insured employees were
honoured following the bankruptcy of Ferdinand Frick AG

Liechtenstein Government Bill No 79/2006

—

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

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Corrigendum to Commission Decision 2008/649/EC of 3 July 2008 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of solutions of urea and ammonium nitrate originating in Russia ( OJ L 213, 8.8.2008 )
Date: 2008-09-18
Institutions: European Commission
Subjects: Russia, anti-dumping legislation, chemical fertiliser, import, originating product

18.9.2008

EN

Official Journal of the European Union

L 249/47

CORRIGENDA

Corrigendum to Commission Decision 2008/649/EC of 3 July 2008 accepting an undertaking offered in
connection with the anti-dumping proceeding concerning imports of solutions of urea and ammonium nitrate
originating in Russia

(Official Journal of the European Union L 213 of 8 August 2008)

On page 41, in the table in Article 1:

for:

read:

‘Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, member of the Eurochem group of
companies, Moscow, Russia, for goods produced by its related company OJSC NAK Azot, Novomoskovsk, Russia,
or by its related company OJSC Nevinnomyssky Azot, Nevinnomyssk, Russia, either sold directly to the first
independent customer in the Community or the same goods sold by Eurochem Trading GmbH, Zug, Switzerland
to the first independent customer in the Community’,

‘Produced by Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia, or Open Joint Stock Company
(OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia, and either sold directly to the first independent customer in
the Community or by EuroСhem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC)
Mineral and Chemical Company ‘EuroСhem’, Moscow, Russia and EuroСhem Trading GmbH, Zug, Switzerland, to
the first independent customer in the Community’.
Judgment of the Court of 7 May 2008 in Case E-7/07 — Seabrokers AS and The Norwegian State, represented by Skattedirektoratet (the Directorate of Taxes) (Freedom of establishment — Double taxation agreement — Calculation of maximum credit allowance for tax paid in another EEA State — Debt interest and group contributions)
Date: 2008-09-18
Institutions: EFTA Court
Subjects: EFTA Court, Norway, double taxation, free movement of capital, right of establishment, social transfers, tax relief, tax system

18.9.2008

EN

Official Journal of the European Union

C 239/21

JUDGMENT OF THE COURT

of 7 May 2008

in Case E-7/07

Seabrokers AS and The Norwegian State, represented by Skattedirektoratet (the Directorate
of Taxes)

(Freedom of establishment — Double taxation agreement — Calculation of maximum credit allowance for tax paid in
another EEA State — Debt interest and group contributions)

(2008/C 239/10)

In Case E-7/07 between Seabrokers AS and The Norwegian State, represented by Skattedirektoratet (the
Directorate of Taxes) — Request to the Court by Stavanger tingrett (Stavanger District Court), concerning
the interpretation of Article 4 EEA on prohibition of discrimination on grounds of nationality, Article 31 EEA
on the freedom of establishment and Article 40 EEA on free movement of capital in the EEA, the Court,
composed of Thorgeir Örlygsson, Judge-Rapporteur, Carl Baudenbacher, President and Henrik Bull, Judge,
gave judgment on 7 May 2008, the operative part of which is as follows:

1. an EEA State which attributes, in applying the principle of net income taxation, a portion of debt interest
expenses of a company to income earned through its branch in another EEA State, when calculating the
maximum credit allowance for tax paid in that State, restricts the freedom of establishment within the
meaning of Article 31 EEA, insofar as the expenses can only be linked to the company's business in the
former State;

2. an EEA State which attributes, in applying the principle of net income taxation, a portion of a company's
costs in the form of group contributions made to other companies under this State's fiscal jurisdiction to
income earned through the company's branch in another EEA State, when calculating the maximum
credit allowance for tax paid in that State, restricts the freedom of establishment within the meaning of
Article 31 EEA.
Commission Regulation (EC) No 907/2008 of 18 September 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-09-18
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

19.9.2008

EN

Official Journal of the European Union

L 251/7

COMMISSION REGULATION (EC) No 907/2008

of 18 September 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 19 September 2008.

Article 2

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

Done at Brussels, 18 September 2008.

For the Commission

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

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.

L 251/8

EN

Official Journal of the European Union

19.9.2008

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

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 50 10

0806 10 10

0808 10 80

0808 20 50

0809 30

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

MK
TR
ZZ

EG
MK
TR
ZZ

TR
ZZ

AR
UY
ZA
ZZ

IL
TR
US
ZZ

AR
AU
BR
CL
CN
NZ
US
ZA
ZZ

AR
CN
TR
ZA
ZZ

TR
US
ZZ

IL
TR
XS
ZZ

31,3
68,0
49,7

162,5
43,3
83,8
96,5

96,4
96,4

77,2
70,6
87,3
78,4

248,7
137,4
196,0
194,0

92,1
195,4
74,2
83,3
83,2
109,8
91,3
82,4
101,5

68,7
75,1
137,8
81,2
90,7

136,0
150,7
143,4

131,4
78,6
58,0
89,3

(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’.
Euro exchange rates
Date: 2008-09-18
Institutions: European Commission
Subjects: euro, exchange rate

C 239/2

EN

Official Journal of the European Union

18.9.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

17 September 2008

(2008/C 239/03)

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

1,4224

TRY

Turkish lira

150,26

AUD Australian dollar

7,4599

0,79515

9,6125

1,5921

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,8006

1,7905

1,5176

11,0667

2,1589

2,0420

132,94

KRW South Korean won

1 587,75

8,2900

1,9558

24,005

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

241,89

MYR Malaysian ringgit

3,4528

0,7059

3,3480

3,6425

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,255

MXN Mexican peso

11,5929

9,7249

7,1128

13 370,56

4,9137

66,950

36,3158

48,838

2,5831

15,2182

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 919/2008 of 18 September 2008 granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2008-09-18
Institutions: European Commission
Subjects: award of contract, butter, export refund

L 251/30

EN

Official Journal of the European Union

19.9.2008

COMMISSION REGULATION (EC) No 919/2008

of 18 September 2008

granting no export refund for butter in the framework of the standing invitation to tender provided
for in Regulation (EC) No 619/2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), and in particular
Article 164(2), in conjunction with Article 4, thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 619/2008 of 27 June
2008 opening a standing invitation to tender for export
refunds concerning certain milk products (2) provides for
a permanent tender.

Pursuant to Article 6 of Commission Regulation (EC) No
1454/2007 of 10 December 2007 laying down common
rules for establishing a tender procedure for fixing export
refunds for certain agricultural products (3) and following

an examination of the tenders submitted in response to
the invitation to tender, it is appropriate not to grant any
refund for the tendering period ending on 16 September
2008.

(3)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

619/2008,

For the standing invitation to tender opened by Regulation (EC)
No
on
16 September 2008 no export refund shall be granted for the
products and destinations referred to in Article 1(1) of that
Regulation.

tendering

ending

period

the

for

This Regulation shall enter into force on 19 September 2008.

Article 2

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

Done at Brussels, 18 September 2008.

For the Commission

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

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 168, 28.6.2008, p. 20.
(3) OJ L 325, 11.12.2007, p. 69.
Case F-76/08: Action brought on 18 September 2008 — Behmer v Parliament
Date: 2008-09-18
Institutions: Civil Service Tribunal
Subjects: European Parliament, action for annulment (EU), penalty, promotion

C 285/56

EN

Official Journal of the European Union

8.11.2008

Action brought on 6 August 2008 — Knöll v Europol

Subject-matter and description of the proceedings

(Case F-69/08)

(2008/C 285/101)

Language of the case: Dutch

First,
illegality of Article 5(1)(d) of the General Implementing
Provisions relating to the selection procedure for members of
contract staff under Article 3a and, secondly, annulment of
EPSO's decisions not to include the applicants' names on the list
of successful candidates and in the database for the recruitment
procedure CAST 27/Relex.

Parties

Form of order sought

Applicant: Brigitte Knöll (Hochheim, Germany) (represented by:
P. de Casparis, lawyer)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Application for annulment of the decision of 4 October 2007,
by which Europol
informed the applicant that there was no
possibility of offering her a permanent post.

Form of order sought

The applicant claims the Tribunal should:

— Annul the decision of 4 October 2007, by which the defen-
dant informed the applicant that there was no possibility of
offering her a permanent post, the decision of 29 April
2008 rejecting the complaint brought against the first deci-
sion and the decision of 12 June 2008 which is part of the
extension of that of 4 October 2007;

— Order Europol to pay the costs.

The applicant claims that the Tribunal should:

— Declare Article 5(1)(d) of the General Implementing Provi-
sions relating to the selection procedure for members of
contract staff under Article 3a illegal;

— Annul EPSO's decision not to include the applicants' names
on the list of successful candidates and in the database for
the recruitment procedure CAST 27/Relex

— order the Commission of the European Communities to pay

the costs.

Action brought on 18 September 2008 — Behmer v
Parliament

(Case F-76/08)

(2008/C 285/103)

Language of the case: French

Parties

Applicant: Joachim Behmer (Brussels, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Action brought on 1 September 2008 — Aparicio and
Others v Commission

Defendant: European Parliament

(Case F-75/08)

(2008/C 285/102)

Language of the case: French

Parties

Applicants:
Jorge Aparicio (Antiguo Cuscatlan, Salvador) and
Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E.
Marchal, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to
grade AD 13 in the 2007 promotion procedure

Form of order sought

— annul the decision not to promote the applicant to grade

AD 13 in the 2007 promotion procedure;

— order the European Parliament to pay the costs.
Non-opposition to a notified concentration (Case COMP/M.5237 — Sofinco SA/Sodexo Pass International) Text with EEA relevance
Date: 2008-09-18
Institutions: European Commission
Subjects: catering industry, consumer credit, economic concentration, management, merger control, restrictive-practice authorisation, service

18.9.2008

EN

Official Journal of the European Union

C 239/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5238 — Ineos/BASF Assets)

(Text with EEA relevance)

(2008/C 239/01)

On 31 July 2008, 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:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32008M5238. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.5237 — Sofinco SA/Sodexo Pass International)

(Text with EEA relevance)

(2008/C 239/02)

On 10 September 2008, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in French and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32008M5237. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Commission Regulation (EC) No 917/2008 of 18 September 2008 on the issuing of import licences for applications lodged during the first seven days of September 2008 under the tariff quota opened by Regulation (EC) No 979/2007 for pigmeat
Date: 2008-09-18
Institutions: European Commission
Subjects: Canada, import licence, originating product, pigmeat, tariff quota

19.9.2008

EN

Official Journal of the European Union

L 251/27

COMMISSION REGULATION (EC) No 917/2008

of 18 September 2008

on the issuing of import licences for applications lodged during the first seven days of September
2008 under the tariff quota opened by Regulation (EC) No 979/2007 for pigmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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),

Having regard to Commission Regulation (EC) No 979/2007 of
21 August 2007 opening and providing for the administration
of an import tariff quota for pigmeat originating in Canada (2),
and in particular Article 5(5) thereof,

Whereas:

The applications for import licences lodged during the
first seven days of September 2008 for the subperiod
from 1 October to 31 December 2008 do not cover
the quantities available. The quantities for which appli­
cations have not been lodged should therefore be
determined and these should be added to the quantity
fixed for the following quota subperiod,

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which import licence applications covered by
the quota bearing order number 09.4204 have not been lodged
to be added to the
under Regulation (EC) No 979/2007,
to
subperiod from 1 January to 31 March 2009, amount
2 312 000 kg.

(1)

Regulation (EC) No 979/2007 opened a tariff quota for
imports of pigmeat products.

This Regulation shall enter into force on 19 September 2008.

Article 2

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

Done at Brussels, 18 September 2008.

For the Commission

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

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 217, 22.8.2007, p. 12.
Prior notification of a concentration (Case COMP/M.5325 — Alliance Boots/Megapharm) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-09-18
Institutions: European Commission
Subjects: cosmetic product, economic concentration, exchange of information, merger control, pharmaceutical product, sale

C 239/22

EN

Official Journal of the European Union

18.9.2008

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5325 — Alliance Boots/Megapharm)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 239/11)

1.
On 9 September 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 undertaking Alliance Boots Holdings
Ltd (‘Alliance Boots’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council
Regulation control of
the undertaking Megapharm GmbH Pharmazeutische Erzeugnisse
(‘Megapharm’, Germany) by way of purchase of shares.

the whole of

2.

The business activities of the undertakings concerned are:

— for Alliance Boots: wholesaling of pharmaceutical products and retailing of health and beauty products,

— for Megapharm: wholesaling of pharmaceutical products for the oncology sector and the provision of

related services in Germany.

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.5325 — Alliance Boots/Megapharm, 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.