do-me/EUR-LEX huggingface dataset:
2008/904/EC: Council Decision of 27 November 2008 appointing a Dutch member and two Dutch alternate members of the Committee of the Regions
Date: 2008-11-27
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, appointment of staff

L 327/18

EN

Official Journal of the European Union

5.12.2008

COUNCIL DECISION

of 27 November 2008

appointing a Dutch member and two Dutch alternate members of the Committee of the Regions

(2008/904/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(a) as member:

Having regard to the Treaty
Community, and in particular Article 263 thereof,

establishing the European

Having regard to the proposal of the Dutch Government,

Whereas:

(1)

(2)

On 24 January 2006 the Council adopted Decision
2006/116/EC appointing the members and alternate
members of
the
period from 26 January 2006 to 25 January 2010 (1).

the Committee of

the Regions for

A member’s seat on the Committee of the Regions has
following the resignation of Mr Nico
become vacant
SCHOOF. One alternate member’s
seat has become
vacant
resignation of Mr Lodewijk
the
ASSCHER. Another alternate member’s
seat becomes
vacant following the appointment, by this Decision, of
Mr Bas VERKERK as a member of the Committee of the
Regions,

following

— Mr Bas VERKERK, Burgemeester van Delft (change of

mandate);

and

(b) as alternate members:

— Mr Job COHEN, Burgemeester van Amsterdam,

— Mr Hans KOK, Burgemeester van Hof van Twente.

Article 2

This Decision shall take effect on the date of its adoption.

HAS DECIDED AS FOLLOWS:

Done at Brussels, 27 November 2008.

Article 1

The following are hereby appointed to the Committee of the
Regions for the remainder of the current term of office, which
runs until 25 January 2010:

For the Council
The President

L. CHATEL

(1) OJ L 56, 25.2.2006, p. 75.
Prior notification of a concentration (Case COMP/M.5396 — En+/Russneft) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-11-27
Institutions: European Commission
Subjects: aluminium, coal, economic concentration, energy distribution, exchange of information, magnesium, merger control, mining operation, oil industry

27.11.2008

EN

Official Journal of the European Union

C 304/19

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5396 — En+/Russneft)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 304/09)

1.
On 18 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 En+ Group Limited (‘En+’, Jersey), ulti-
mately controlled by the Basic Element Group, acquires within the meaning of Article 3(1)(b) of the Council
Regulation control of the whole of OAO NK Russneft (‘Russneft’, Russia) and its subsidiaries by way of
purchase of shares.

2.

The business activities of the undertakings concerned are:

— for En+ Group Limited (‘En+’, Jersey): different business activities in oil, energy, aluminium, coal and

magnesium,

— for Basic Element Group: different business activities in (i) energy, aluminium, coal and magnesium;
(v) construc-
(iii) mining/commodities;

financial

services;

(iv)

engineering/car manufacture;

(ii)
tion/construction material and (vi) real estate,

— for OAO NK Russneft (‘Russneft’, Russia): crude oil extraction, refining and retailing.

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.5396 — En+/Russneft, to the following address:

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

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Non-opposition to a notified concentration (Case COMP/M.5307 — Accueil Partenaires/CDC/RHVS 1% Logement/SGRHVS) Text with EEA relevance
Date: 2008-11-27
Institutions: European Commission
Subjects: aid to disadvantaged groups, economic concentration, exchange of information, housing, merger control

27.11.2008

EN

Official Journal of the European Union

C 304/3

Non-opposition to a notified concentration

(Case COMP/M.5307 — Accueil Partenaires/CDC/RHVS 1% Logement/SGRHVS)

(Text with EEA relevance)

(2008/C 304/02)

On 13 November 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 32008M5307. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
2009/149/EC: Council Decision of 27 November 2008 on the signing of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services
Date: 2008-11-27
Institutions: Council of the European Union
Subjects: Armenia, European Community, agreement (EU), air transport, interim agreement (EU)

21.2.2009

EN

Official Journal of the European Union

L 50/21

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 27 November 2008

on the signing of the Agreement between the European Community and the Republic of Armenia
on certain aspects of air services

(2009/149/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community, and in particular Article 80(2)
with Article 300(2),
thereof,

establishing the European
in conjunction
first sentence of the first subparagraph

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

The Council authorised the Commission on 5 June 2003
to open negotiations with third countries on the replace­
ment
bilateral
agreements with a Community agreement.

provisions

existing

certain

of

in

The Commission has negotiated on behalf of
the
an Agreement with the Republic of
Community
Armenia on certain aspects of air services in accordance
with the mechanisms and directives in the Annex to the
Council Decision authorising the Commission to open
negotiations with third countries on the replacement of
certain provisions in existing bilateral agreements with a
Community agreement.

Article 1

signing of

The
the Agreement between the European
Community and the Republic of Armenia on certain aspects
of air services, hereinafter ‘the Agreement’, is hereby approved
on behalf of the Community, subject to the Council Decision
concerning the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of
the Community subject to its conclusion.

Article 3

The President of the Council is hereby authorised to make the
notification provided for in Article 9(1) of the Agreement.

Done at Brussels, 27 November 2008.

(3)

Subject to its possible conclusion at a later date, the
Agreement negotiated by the Commission should be
signed,

For the Council
The President

L. CHATEL
Case F-23/08: Order of the Civil Service Tribunal of 27 November 2008 — Di Bucci v Commission
Date: 2008-11-27
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, indemnification, promotion

C 44/78

EN

Official Journal of the European Union

21.2.2009

— Annul

the decision of

authority of
the
21 November 2008 appointing the Director of Budgetary
Affairs of the Directorate-General for Internal Policies and
the decision to reject the applicant's candidature in respect
of that post;

appointing

— Order the defendant to pay damages for non-material and
material loss and for the detriment to the applicant's career
which he assesses, without prejudice to claiming a greater or
a lesser sum in the course of the procedure, at the global
sum of EUR 25 000, and that, taking account of the inade-
quate enforcement of the judgment of the Court of First
Instance of 13 September 2007, the finding of a serious
misuse of powers and of the conditions in which that new
contested appointment occurred;

— In any event, order that the applicant be awarded the grade
the serious harm
of Director ‘ad personam’ by virtue of
caused to his career in that the Parliament without justifica-
tion denied him an appointment to a higher grade;

— Order the European Parliament to pay the costs.

Order of the Civil Service Tribunal of 27 November 2008
— Miguelez Herreras v Commission

(Case F-22/08) (1)

(2009/C 44/142)

Language of the case: French

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 116, 9.5.2008, p. 33.

Order of the Civil Service Tribunal of 27 November 2008
— Di Bucci v Commission

(Case F-23/08) (1)

(2009/C 44/143)

Language of the case: French

The President of the Second Chamber has ordered that the case
be removed from the register.

Order of the Civil Service Tribunal of 18 December 2008
— X v Parliament

(1) OJ C 116, 9.5.2008, p. 33.

(Case F-14/08) (1)

(2009/C 44/141)

Language of the case: Greek

The President of the First Chamber has ordered that the case be
removed from the register.

Order of the Civil Service Tribunal of 27 November 2008
— Wilms v Commission

(Case F-24/08) (1)

(2009/C 44/144)

Language of the case: French

(1) OJ C 142, 7.6.2008, p. 39.

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 116, 9.5.2008, p. 34.
Prior notification of a concentration (Case COMP/M.5401 — REWE/Coop Switzerland/transGourmet Holding SE) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-11-27
Institutions: European Commission
Subjects: consumer goods, economic concentration, exchange of information, merger control, self-service store, wholesale trade

C 304/20

EN

Official Journal of the European Union

27.11.2008

Prior notification of a concentration

(Case COMP/M.5401 — REWE/Coop Switzerland/transGourmet Holding SE)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 304/10)

1.
On 18 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 undertakings REWE group (‘REWE’,
Germany) and Coop eG (‘Coop’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Council
Regulation joint control of the undertaking transGourmet Holding SE (‘transGourmet’, Germany) 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 REWE: wholesale and retail of daily consumer goods and tourism industry,

— for Coop: wholesale and retail of consumer goods,

— for transGourmet: wholesale of consumer goods.

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. 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.5401 — REWE/Coop Switzerland/transGourmet Holding SE, to the following
address:

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

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Commission Regulation (EC) No 1173/2008 of 27 November 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-11-27
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import, pip fruit

28.11.2008

EN

Official Journal of the European Union

L 318/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 1173/2008

of 27 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 28 November 2008.

Article 2

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

Done at Brussels, 27 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 318/2

EN

Official Journal of the European Union

28.11.2008

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

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

AL
MA
TR
ZZ

EG
JO
MA
TR
ZZ

MA
TR
ZZ

MA
TR
ZZ

CN
HR
IL
TR
ZZ

MA
TR
ZA
ZZ

CA
CL
CN
MK
US
ZA
ZZ

CN
TR
ZZ

25,7
57,3
85,2
56,1

188,1
167,2
72,1
90,0
129,4

67,0
107,1
87,1

62,3
70,0
66,2

54,3
54,6
76,8
60,7
61,6

64,0
69,5
117,7
83,7

88,7
67,1
54,0
32,9
109,7
110,9
77,2

92,9
43,6
68,3

(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’.
Prior notification of a concentration (Case COMP/M.5405 — Hargreaves/Evonik/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-11-27
Institutions: European Commission
Subjects: coal industry, economic concentration, exchange of information, extraction of oil, import, marketing, merger control, nuclear power station, waste management

27.11.2008

EN

Official Journal of the European Union

C 304/21

Prior notification of a concentration

(Case COMP/M.5405 — Hargreaves/Evonik/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 304/11)

1.
On 20 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 undertakings Evonik Power Minerals
GmbH (‘EPM GmbH’, Germany) (belonging to the group Evonik Industries AG) and Hargreaves Services plc
(‘HS’, United Kingdom) (belonging to the Hargreaves Group) acquire within the meaning of Article 3(1)(b) of
the Council Regulation joint control of the undertaking Evonik Hargreaves Ltd (United Kingdom) 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 EPM GmbH: provision of services to coal fired power plants regarding the waste management and

the marketing of coal combustion products,

— for HS: mineral import, waste management and transportation and mining in the UK.

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. 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.5405 — Hargreaves/Evonik/JV, to the following address:

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

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Case C-151/08: Order of the Court (Third Chamber) of 27 November 2008 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — N.N. Renta SA v Tribunal Económico-Administrativo Regional de Cataluña (TEARC), Generalidad de Cataluña (Article 104(3) of the Rules of Procedure — Sixth VAT Directive — Article 33(1) — Definition of turnover taxes — Duty on transfers of assets and documented legal transactions)
Date: 2008-11-27
Institutions: Court of Justice
Subjects: VAT, contract, interpretation of the law, real property, sale, tax








C_2009090EN.01000601.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/6





Order of the Court (Third Chamber) of 27 November 2008 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — N.N. Renta SA v Tribunal Económico-Administrativo Regional de Cataluña (TEARC), Generalidad de Cataluña
(Case C-151/08) (1)

(Article 104(3) of the Rules of Procedure - Sixth VAT Directive - Article 33(1) - Definition of ‘turnover taxes’ - Duty on transfers of assets and documented legal transactions)
2009/C 90/09
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña

Parties


Applicant: N.N. Renta SA

Defendant: Tribunal Económico-Administrativo Regional de Cataluña (TEARC), Generalidad de Cataluña

Re:

Reference for a preliminary ruling — Tribunal Superior de Justicia de Cataluña — Interpretation of Art. 33 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Definition of ‘turnover taxes’ — National duty on capital transfers and documented legal transactions

Operative part of the order

Article 33(1) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 91/680/EEC of 16 December 1991, must be interpreted as meaning that it does not preclude the charging of the variable or proportional amount of the duty on transfers of assets and documented legal transactions when it is chargeable on the conclusion of a purchase by an undertaking whose business activity consists of buying and selling immovable property or purchasing immovable property for development or letting.


(1)  OJ C 158, 21.6.2008.
Commission communication in the framework of the implementation of the Directive 98/79/EC of the European Parliament and of the Council on in vitro diagnostic medical devices (Text with EEA relevance)
Date: 2008-11-27
Institutions: European Commission
Subjects: European standard, harmonisation of standards, medical device, medical diagnosis

27.11.2008

EN

Official Journal of the European Union

C 304/7

Commission communication in the framework of the implementation of the Directive 98/79/EC of
the European Parliament and of the Council on in vitro diagnostic medical devices

(Text with EEA relevance)

(Publication of titles and references of harmonized standards under the directive)

(2008/C 304/05)

ESO (1)

Cenelec

Cenelec

Cenelec

Cenelec

Reference and title of the standard
(and reference document)

Reference of the
superseded standard

Date of cessation of
presumption of confor-
mity of the superseded
standard
(Note 1)

EN 61010-2-101:2002
Safety requirements for electrical equipment for measurement, control, and laboratory
use — Part 2-101: Particular requirements for in vitro diagnostic (IVD) medical equip-
ment
(IEC 61010-2-101:2002 (Modified))

EN 61326-2-6:2006
Electrical equipment for measurement, control and laboratory use — EMC requirements
— Part 2-6: Particular requirements — In vitro diagnostic (IVD) medical equipment
(IEC 61326-2-6:2005)

EN 62304:2006
Medical device software — Software life-cycle processes
(IEC 62304:2006)

EN 62366:2008
Medical devices — Application of usability engineering to medical devices
(IEC 62366:2007)

—

—

—

—

—

—

—

—

(1) ESO: European Standardisation Organisation:

— CEN: rue de Stassart/De Stassartstraat 36, B-1050 Brussels, tel. (32-2) 550 08 11, fax (32-2) 550 08 19 (http://www.cenorm.be),
— Cenelec: rue de Stassart/De Stassartstraat 35, B-1050 Brussels, tel. (32-2) 519 68 71, fax (32-2) 519 69 19 (http://www.cenelec.eu),
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, tel. (33) 492 94 42 12, fax (33) 493 65 47 16 (http://www.etsi.org).

Note 1: Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’),
set by the European Standardisation Organisation, but attention of users of these standards is
drawn to the fact that in certain exceptional cases this can be otherwise.