do-me/EUR-LEX huggingface dataset:
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: 2008-11-12
Institutions: European Commission
Subjects: Italy, Spain, State aid, control of State aid, cultural transmission, telecommunications industry

12.11.2008

EN

Official Journal of the European Union

C 289/1

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 289/01)

Date of adoption of the decision

17.6.2008

Reference number of the aid

N 637/07

Member State

Region

Spain

Pais Vasco

Title (and/or name of the beneficiary) Aid programme for the support of audiovisual production in the Basque auton-

omous community

Legal basis

Decreto 107/2007 de 26 de Junio, por el que se regula el régimen de financia-
ción para el fomento de la producción audiovisual en la Comunidad autónoma
de Euskadi («Boletín Official del País Vasco» no 139 of 19 July 2007)

Type of measure

Aid scheme

Objective

Form of aid

Budget

Intensity

Duration

Sectoral development

Soft loan

Annual budget: EUR 8 235 000

Overall budget: EUR 8 235 000

30 %

—

Economic sectors

Recreational, cultural sporting activities

Name and address of
authority

the granting

Dirección de Promoción de la Cultura Departamento de Cultura, Gobierno
Vasco
C/ Donostia no 1
E-01010 Vitoria-Gasteiz, Alava

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 289/2

EN

Official Journal of the European Union

12.11.2008

Date of adoption of the decision

2.7.2008

Reference number of the aid

N 250/08

Member State

Region

Italy

Provincia autonoma di Bolzano-Alto Adige

Title (and/or name of the beneficiary) Messa a disposizione di connessioni a banda larga in Alto Adige

Legal basis

il 1o agosto 2003, n. 259, «Codice delle comunicazioni elettroniche».
D.Lgs.
L.P. 33/1982 «Provvedimenti
informatica nella Provincia di
in materia di
Bolzano». Deliberazione n. 646 della G.P. del 7 marzo 2005, «Programma oper-
in Alto Adige
ativo per
e-Südtirol 2004 — 2008 con particolare riferimento agli obiettivi per la messa
a disposizione di una offerta di banda larga a copertura dell'Alto Adige»

lo sviluppo della Società per

l'Informazione

Type of measure

Individual aid

Objective

Form of aid

Budget

Intensity

Duration

Sectoral development

Direct grant

Overall budget: EUR 7 million

—

2008-2018

Economic sectors

Post and telecommunications

Name and address of
authority

the granting

RAS Radiotelevisione Azienda Speciale della Provincia di Bolzano
Viale Europa, 164 A
I-39100 Bolzano

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/
Action brought on 12 November 2008 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-6/08)
Date: 2008-11-12
Institutions: EFTA Court
Subjects: EFTA Court, Norway, action for failure to fulfil an obligation, air conditioning, building, building insulation, energy policy, heating

18.12.2008

EN

Official Journal of the European Union

C 323/15

V

(Announcements)

COURT PROCEEDINGS

EUROPEAN ECONOMIC AREA

EFTA COURT

Action brought on 12 November 2008 by the EFTA Surveillance Authority against the Kingdom of
Norway

(Case E-6/08)

(2008/C 323/10)

An action against the Kingdom of Norway was brought before the EFTA Court on 12 November 2008 by
the EFTA Surveillance Authority, represented by Niels Fenger and Ólafur Jóhannes Einarsson, acting as
Agents of the EFTA Surveillance Authority, rue Belliard 35, B-1040 Brussels.

The EFTA Surveillance Authority requests the EFTA Court to declare that:

1. by failing to adopt or to notify the Authority within the time prescribed, of the measures necessary to
implement Articles 6-10 of the Act referred to at point 17 of Annex IV to the Agreement on the
European Economic Area as adapted to the EEA Agreement by Protocol 1 thereto, the Kingdom of
Norway has failed to fulfil its obligations under Article 15(1) of that Act and Article 7 EEA,

and

2. the Kingdom of Norway be ordered to bear the costs of these proceedings.

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

— the case concerns the failure by Norway to implement into its national

law the Act referred to at
point 17 of Annex IV to the EEA (Directive 2002/91/EC of the European Parliament and of the Council of
16 December 2002 on the energy performance of buildings), within the prescribed time limit.
Non-opposition to a notified concentration (Case COMP/M.5340 — KING/CAPVIS III/KVT) Text with EEA relevance
Date: 2008-11-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, manufactured goods, merger control

12.11.2008

EN

Official Journal of the European Union

C 289/3

Non-opposition to a notified concentration

(Case COMP/M.5340 — KING/CAPVIS III/KVT)

(Text with EEA relevance)

(2008/C 289/02)

On 29 October 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 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 32008M5340. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case T-70/07: Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 — Cantieri Navali Termoli v Commission (State Aid — Shipbuilding — Operating aid linked to contracts for ships — Application for extension of ship delivery limit under Article 3 of Regulation (EC) No 1540/98 — Causal link between the exceptional event and the delay)
Date: 2008-11-12
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), control of State aid, shipbuilding

10.1.2009

EN

Official Journal of the European Union

C 6/25

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Tihomir Lelas (Zagreb,
Croatia) (represented by: H.-J. Omsels, lawyer)

Re:

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders the Kingdom of Spain to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 25 October 2006 (Case R 146/2006-4)
relating to opposition proceedings between Galderma SA and
Mr Tihomir Lelas

(1) OJ C 95, 28.4.2007.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Galderma SA to pay the costs.

(1) OJ C 56, 10.3.2007.

Judgment of the Court of First Instance (Eighth Chamber)
of 12 November 2008 — Cantieri Navali Termoli v
Commission

(Case T-70/07) (1)

(State Aid — Shipbuilding — Operating aid linked to
contracts for ships — Application for extension of ship
delivery limit under Article 3 of Regulation (EC) No 1540/98
— Causal link between the exceptional event and the delay)

Judgment of the Court of First Instance of 12 November
2008 — Spain v Commission

(Case T-60/07) (1)

Parties

(2009/C 6/51)

Language of the case: Italian

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Fruit and vegetable sector — Envir-
onmental protection — Administrative procedure)

(2009/C 6/50)

Language of the case: Spanish

Applicant: Cantieri Navali Termoli SpA (Termoli, Italy) (repre-
sented by: B. Mammarella, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Conte and C. Urraca Caviedes, Agents)

Re:

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez,
lawyer)

for

annulment

Action
decision
2006/948/EC of 4 July 2006 on State aid which Italy plans to
implement for Cantieri Navali Termoli SpA (OJ 2006 L 383,
p. 53)

the Commission's

of

Defendant: Commission of the European Communities (repre-
sented by: F. Jimeno Fernández, Agent)

Operative part of the judgment

Re:

Application for partial annulment of Commission Decision
2006/932/EC of 14 December 2006 excluding from Com-
munity financing certain expenditure incurred by the Member
States under the Guarantee Section of the European Agricultural
and Guarantee Fund (EAGGF) (OJ 2006 L 355, p. 96), in so far
as it excludes certain expenditure incurred by the Kingdom of
Spain in the fruit and vegetable sector

The Court:

1. dismisses the action;

2. orders Cantieri Navali Termoli SpA to pay the costs.

(1) OJ C 95, 28.4.2007.
Commission Regulation (EC) No 1119/2008 of 12 November 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-11-12
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit

13.11.2008

EN

Official Journal of the European Union

L 302/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 1119/2008

of 12 November 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 13 November 2008.

Article 2

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

Done at Brussels, 12 November 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 302/2

EN

Official Journal of the European Union

13.11.2008

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 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0806 10 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

AL
MA
MK
TR
ZZ

JO
MA
TR
ZZ

MA
TR
ZZ

MA
ZZ

HR
MA
TR
ZZ

MA
TR
ZA
ZZ

BR
TR
US
ZA
ZZ

AL
CA
CL
MK
US
ZA
ZZ

CN
ZZ

34,6
55,8
46,2
75,9
53,1

175,9
38,9
90,4
101,7

62,9
112,6
87,8

76,7
76,7

26,6
75,0
73,6
58,4

60,4
97,0
87,0
81,5

221,0
117,5
272,9
197,4
202,2

32,1
96,0
64,2
37,6
116,4
85,7
72,0

85,3
85,3

(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’.
Commission Regulation (EC) No 1123/2008 of 12 November 2008 fixing a single percentage for acceptance of the amounts notified by the Member States to the Commission concerning the applications for the grubbing-up premium
Date: 2008-11-12
Institutions: European Commission
Subjects: EU Member State, agricultural market, budget, common organisation of markets, grubbing premium, viticulture, wine

14.11.2008

EN

Official Journal of the European Union

L 303/5

COMMISSION REGULATION (EC) No 1123/2008

of 12 November 2008

fixing a single percentage for acceptance of the amounts notified by the Member States to the
Commission concerning the applications for the grubbing-up premium

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

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

amending Regulations

Having regard to Council Regulation (EC) No 479/2008 of
29 April 2008 on the common organisation of the market in
wine,
(EC)
(EC) No 3/2008 and
No 1782/2003,
repealing
(EC)
2392/86
No 1493/1999 (1), and in particular Article 102(4) thereof,

(EC) No 1493/1999,

(EC) No 1290/2005,

Regulations

(EEC) No

and

Whereas:

(1)

The eligible applications notified by the Member States to
the Commission by 15 October 2008 according to
Article 102(2) of Regulation (EC) No 479/2008 exceed
the maximal annual budget for the grubbing-up scheme
for the 2008/2009 wine year, i.e. EUR 464 million, as
laid down in Annex VII to that Regulation. Therefore, a
single percentage for acceptance of the amounts notified
actually should be fixed.

HAS ADOPTED THIS REGULATION:

Article 1

Grubbing-up applications notified to the Commission under
Article 102(2) of Regulation (EC) No 479/2008 shall be
accepted for 45,9 % of
the amounts covered. The budget
limits for the Member States concerned are laid down in the
Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

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

Done at Brussels, 12 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 148, 6.6.2008, p. 1.

L 303/6

EN

Official Journal of the European Union

14.11.2008

ANNEX

Budget limits for the Member States for the grubbing-up payments in the 2008/2009 wine year

Member State

Budget for the grubbing-up (EUR)

Bulgaria

Czech Republic

Germany

Greece

Spain

France

Italy

Cyprus

Luxembourg

Hungary

Malta

Austria

Portugal

Romania

Slovenia

Slovakia

0

17 543

178 162

7 135 657

236 056 395

70 643 521

116 113 326

6 820 744

6 675

9 812 320

0

1 875 586

13 961 350

49 920

198 093

1 130 707
Case T-400/07: Judgment of the Court of First Instance of 12 November 2008 — GretagMacbeth v OHIM (Combination of 24 coloured squares) (Community trade mark — Application for Community colour mark — Combination of 24 coloured squares — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

10.1.2009

EN

Official Journal of the European Union

C 6/29

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders EOS GmbH Electro Optical Systems to pay the costs.

(1) OJ C 283, 24.11.2007.

Order of the Court of First Instance of 13 November 2008
— Lemaître Sécurité v Commission

(Case T-301/06) (1)

(Action for annulment — Dumping — Imports of footwear
with a protective toecap originating in the People's Republic
of China and India — Commission Decision closing the anti-
dumping proceeding — Not individually concerned — Mani-
fest inadmissibility)

(2009/C 6/60)

Language of the case: French

Judgment of the Court of First Instance of 12 November
2008 — GretagMacbeth v OHIM (Combination of
24 coloured squares)

(Case T-400/07) (1)

Parties

(Community trade mark — Application for Community colour
mark — Combination of 24 coloured squares — Absolute
refusal — Lack of distinctive character —
ground for

Article 7(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/59)

Language of the case: German

Applicant: Lemaître Sécurité SAS (La Walck, France) (represented
by: D. Bollecker, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: H. van Vliet and C. Giolito, acting as Agents)

in support of

Intervener
the applicant: Associazione nazionale
calzaturifici italiani (Milan, Italy) (represented by: D. Bollecker,
lawyer)

Parties

Applicant: GretagMacbeth LLC (New Windsor, New York, United
States) (represented by: J. Weiser, lawyer)

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 30 August 2007 (Case R 30/2007-4)
concerning an application for registration as a Community trade
mark of a colour sign composed of 24 coloured squares

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders GretagMacbeth LLC to pay the costs.

Annulment of Commission Decision No 2006/582/EC of
28 August 2006 terminating the anti-dumping proceeding
concerning imports of footwear with a protective toecap, origin-
ating in the People's Republic of China and India (OJ 2006
L 234, p. 33)

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Lemaître Sécurité SAS shall bear its own costs and pay those

incurred by the Commission.

3. Associazione nazionale calzaturifici italiani shall bear its own costs.

(1) OJ C 315, 22.12.2007.

(1) OJ C 326, 30.12.2006.
Prior notification of a concentration (Case COMP/M.5314 — Robert Bosch/Hägglunds Drives) Text with EEA relevance
Date: 2008-11-12
Institutions: European Commission
Subjects: building materials, economic concentration, exchange of information, hydraulic energy, merger control, motor vehicle industry

12.11.2008

EN

Official Journal of the European Union

C 289/7

Prior notification of a concentration

(Case COMP/M.5314 — Robert Bosch/Hägglunds Drives)

(Text with EEA relevance)

(2008/C 289/06)

1.
On 5 November 2008, the Commission received a notification of a proposed concentration pursuant
to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by
which the undertaking Bosch Rexroth AG belonging to the group Robert Bosch GmbH (Germany) acquires
within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking
Hägglunds Drives AB (Sweden) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Robert Bosch GmbH: development, manufacturing and sales of automotive technologies, industrial

technology including hydraulic drive technology, consumer goods and building technology,

— for Hägglunds Drives AB: hydraulic drive technology.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

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.5314 — Robert Bosch/Hägglunds Drives, to the following address:

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

(1) OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case COMP/M.5397 — Veolia Transport/SNCM) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-11-12
Institutions: European Commission
Subjects: economic concentration, energy industry, maritime transport, merger control, public hygiene, transport company, water treatment

C 289/6

EN

Official Journal of the European Union

12.11.2008

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5397 — Veolia Transport/SNCM)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 289/05)

1.
On 5 November 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 Veolia Transport
(France), a subsidiary of Veolia Environnement group (France), acquires within the meaning of Article 3(1)(b)
of the Council Regulation control of the whole of SNCM (France) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Veolia Environnement: water and wastewater services; waste management; energy and climate condi-

tioning services; transport services,

— for SNCM: sea transport between the French continent and Corsica; international sea lines to Sardinia,

Tunisia and Algeria.

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.5397 — Veolia Transport/SNCM, 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.