do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5371 — Raiffeisen Informatik/PC-Ware) Text with EEA relevance
Date: 2008-12-02
Institutions: European Commission
Subjects: computer systems, economic concentration, exchange of information, merger control, provision of services, software

2.12.2008

EN

Official Journal of the European Union

C 307/5

Non-opposition to a notified concentration

(Case COMP/M.5371 — Raiffeisen Informatik/PC-Ware)

(Text with EEA relevance)

(2008/C 307/05)

On 21 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 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 32008M5371. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case F-131/07: Judgment of the Civil Service Tribunal (First Chamber) of 2 December 2008 — Baniel-Kubinova v European Parliament (Staff case — Members of the temporary staff and members of the auxiliary staff appointed probationary officials — Article 10 of Annex VII to the Staff Regulations — Right to the daily allowance after receiving part of the installation allowance)
Date: 2008-12-02
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, allowances and expenses, regulations for civil servants

24.1.2009

EN

Official Journal of the European Union

C 19/37

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
2 December 2008 — Baniel-Kubinova v European
Parliament

Judgment of the Civil Service Tribunal (First Chamber) of
4 December 2008 — Blias v ECB

(Case F-131/07) (1)

(Staff case — Members of the temporary staff and members
of the auxiliary staff appointed probationary officials —
Article 10 of Annex VII to the Staff Regulations — Right to
the daily allowance after receiving part of the installation
allowance)

(Case F-6/08) (1)

(Staff case — ECB staff — Remuneration — Expatriation
allowance — Conditions set out in Article 17 of the ECB
conditions of employment — Applicant ordered to pay the
costs — Requirements of fairness — Article 87(2) of the
Rules of Procedure)

(2009/C 19/72)

Language of the case: French

(2009/C 19/73)

Language of the case: German

Parties

Applicants: Barbora Baniel-Kubinova (Alzingen, Luxembourg)
and thirteen other officials of the European Parliament (repre-
sented by: S. Orlandi, J.-N. Louis and E. Marchal, lawyers)

Parties

Applicant:
sented by: B. Karthaus, lawyer)

Jessica Blias (Frankfurt on Main, Germany)

(repre-

Defendant: European Central Bank (represented by: F. Malfrère
and F. Feyerbacher, Agents, assisted by B. Wägenbaur, lawyer)

Defendant: European Parliament (represented by: R.
and S. Seyr, agents)

Ignătescu

Re:

Re:

Annulment of several of
the Appointing
the European Parliament refusing to grant the
Authority of
applicants the daily allowance referred to in Article 10 of
Annex VII to the Staff Regulations of Officials.

the decisions of

the decision of

the European
Staff cases — Annulment of
Central Bank of 15 August 2007 refusing to grant the applicant
entitlement to the expatriation allowance on the ground that
she does not fulfil the conditions set out in Article 17 of the
Conditions of Employment of the ECB.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Blias to pay, in addition to her own costs, half the costs

of the European Central Bank;

2. Orders the parties to bear their own costs.

3. Orders the European Central Bank to pay half of its own costs.

(1) OJ C 183, 19.7.2008, p. 32.

(1) OJ C 142, 7.6.2008, p. 39.
Prior notification of a concentration (Case COMP/M.5424 — Dow/Rohm and Haas) Text with EEA relevance
Date: 2008-12-02
Institutions: European Commission
Subjects: agronomy, chemical product, economic concentration, electrical equipment, exchange of information, hydrocarbon, merger control, provision of services, salt

C 307/10

EN

Official Journal of the European Union

2.12.2008

Prior notification of a concentration

(Case COMP/M.5424 — Dow/Rohm and Haas)

(Text with EEA relevance)

(2008/C 307/10)

1.
On 24 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 The Dow Chemical
Company (‘Dow’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of
the whole of the undertaking Rohm and Haas Company (‘R&H’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Dow: plastics and chemicals, agricultural sciences and hydrocarbon and energy products and services,

— for R&H: production of performance polymers, specialty chemicals, electronic materials and salt.

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.5424 — Dow/Rohm and Haas, 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.
Case C-530/08: Action brought on 2 December 2008 — Commission of the European Communities v Republic of Hungary
Date: 2008-12-02
Institutions: Court of Justice
Subjects: European Commission, Hungary, action for failure to fulfil an obligation, fine, health care profession, professional qualifications, recognition of vocational training qualifications, town-planning profession

24.1.2009

EN

Official Journal of the European Union

C 19/21

Pleas in law and main arguments

Action brought on 2 December 2008 — Commission of
the European Communities v Portuguese Republic

The period within which the directive had to be transposed
expired on 15 July 2007.

(1) OJ L 310, p. 28.

(Case C-531/08)

(2009/C 19/39)

Language of the case: Portuguese

Action brought on 2 December 2008 — Commission of
the European Communities v Republic of Hungary

(Case C-530/08)

(2009/C 19/38)

Language of the case: Hungarian

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by P. Guerra e Andrade and P. Demjek, Agents)

Defendant: Portuguese Republic

Form of order sought

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2005/56/EC (1) of the European Parliament and of
the Council of 26 October 2005 on cross-border mergers of
in any case, by failing to
limited liability companies or,
communicate such provisions to the Commission, the Portu-
guese Republic has failed to fulfil its obligations under that
directive;

— an order that the Portuguese Republic should pay the costs.

Applicant(s): Commission of the European Communities (repre-
sented by: H. Støvlbaek and B. Béres, acting as Agent(s))

Pleas in law and main arguments

Defendant(s): Republic of Hungary

The period prescribed for the transposition of the Directive
expired on 15 December 2007.

Form of order sought

(1) OJ 2005 L 310, p. 1.

— Declare that by failing to adopt the laws, regulations and
administrative provisions necessary to implement Directive
2005/36/EC of the European Parliament and of the Council
of 7 September 2005 on the recognition of professional
qualifications (1) or, at least, by failing to communicate those
provisions to the Commission, the Republic of Hungary has
failed to fulfil its obligations under that directive.

— order the Republic of Hungary to pay the costs.

Action brought on 4 December 2008 — Commission of
the European Communities v Portuguese Republic

(Case C-543/08)

(2009/C 19/40)

Pleas in law and main arguments

Language of the case: Portuguese

The period prescribed for
2005/36/EC expired on 20 October 2007.

the implementation of Directive

Parties

(1) OJ 2005 L 255, p. 22.

Applicant: Commission of the European Communities (repre-
sented by G. Braun, P. Guerra e Andrade and M. Teles Romão,
Agents)

Defendant: Portuguese Republic
Council Regulation (EC) No 1360/2008 of 2 December 2008 amending Regulation (EC) No 332/2002 establishing a facility providing medium-term financial assistance for Member States’ balances of payments
Date: 2008-12-02
Institutions: Council of the European Union
Subjects: EU Member State, balance of payments, balance of payments assistance

31.12.2008

EN

Official Journal of the European Union

L 352/11

COUNCIL REGULATION (EC) No 1360/2008

of 2 December 2008

amending Regulation (EC) No 332/2002 establishing a facility providing medium-term financial
assistance for Member States’ balances of payments

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 308 thereof,

establishing the European

Having regard to the proposal from the Commission, submitted
and Financial
following consultation with the Economic
Committee,

ceiling were urgently needed,
the relevant
should proceed swiftly according to their
competences.

institutions
respective

(2)

Regulation (EC) No 332/2002 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

Having regard to the opinion of the European Parliament,

Article 1

Having regard to the opinion of the European Central Bank,

Whereas:

(1)

The large number of Member States currently outside the
euro area affects the potential demand for Community
medium-term financial assistance and, together with the
evolution of
for a
significant
the outstanding
amount of loans to be granted to Member States laid
down in Regulation (EC) No 332/2002 (1)
from EUR
the
12 billion to EUR 25 billion.

the
raising of

If a revision of

the ceiling for

international

context,

calls

Regulation (EC) No 332/2002 is hereby amended as follows:

In Article 1(1), the second subparagraph shall be replaced by
the following:

‘The outstanding amount of loans to be granted to Member
States under this facility shall be limited to EUR 25 billion in
principal.’.

Article 2

This Regulation shall enter into force on the day following 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, 2 December 2008.

For the Council
The President

C. LAGARDE

(1) OJ L 53, 23.2.2002, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5005 — Galp Energia/ExxonMobil Iberia) Text with EEA relevance
Date: 2008-12-02
Institutions: European Commission
Subjects: banking, economic concentration, energy industry, exchange of information, merger control, motor fuel, petroleum exploration

C 307/4

EN

Official Journal of the European Union

2.12.2008

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5352 — Omron/Ficosa/JV)

(Text with EEA relevance)

(2008/C 307/03)

On 21 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 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 32008M5352. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5005 — Galp Energia/ExxonMobil Iberia)

(Text with EEA relevance)

(2008/C 307/04)

On 31 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 32008M5005. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Prior notification of a concentration (Case COMP/M.5393 — Teijin Pharma/Laboratorios del Dr. Esteve/Oximeplus) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-12-02
Institutions: European Commission
Subjects: economic concentration, exchange of information, home care, medicinal product, merger control, pharmaceutical industry, textile industry, veterinary drug

C 307/8

EN

Official Journal of the European Union

2.12.2008

Prior notification of a concentration

(Case COMP/M.5393 — Teijin Pharma/Laboratorios del Dr. Esteve/Oximeplus)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 307/08)

1.
On 24 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 Teijin Pharma Limited
(‘Teijin Pharma’, Japan) belonging to Teijin Limited (‘Teijin’, Japan) and Laboratorios del Dr. Esteve, S.A.
(‘Esteve’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of
Oximeplus, S.A. (‘Oximeplus’, Spain), which is currently controlled by Esteve, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Teijin Pharma: solutions for both pharmaceuticals and home health care,

— for Teijin: ultimate parent company of a group of approximately 160 companies whose main activity is

the development and marketing of fibres,

— for Esteve: manufacturing and marketing of pharmaceutical preparations and drugs intended for human

and veterinary uses,

— for Oximeplus: hospital and home oxygen therapy.

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.5393 — Teijin Pharma/Laboratorios del Dr. Esteve/Oximeplus, 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.
Council Joint Action 2008/900/CFSP of 2 December 2008 amending Joint Action 2008/107/CFSP extending the mandate of the European Union Special Representative for Central Asia
Date: 2008-12-02
Institutions: Council of the European Union
Subjects: Central Asia, common foreign and security policy, diplomatic representation, the EU's international role

3.12.2008

EN

Official Journal of the European Union

L 323/65

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/900/CFSP

of 2 December 2008

amending Joint Action 2008/107/CFSP extending the mandate of the European Union Special
Representative for Central Asia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Articles 14, 18(5) and 23(2) thereof,

Whereas:

(1)

(2)

On 12 February 2008, the Council adopted Joint Action
2008/107/CFSP (1).

The mandate of the European Union Special Represen-
tative should be amended to take account of his role in
monitoring implementation of
the European Union
Strategy for a New Partnership with Central Asia,
adopted by the European Council in June 2007,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Article 3(1)(i) of Joint Action 2008/107/CFSP is hereby replaced
by the following text:

‘(i) provide input to the formulation of energy security, anti-
narcotics and water resource management aspects of the
CFSP with respect to Central Asia.’

Article 2

This Joint Action shall enter into force on the date of
adoption.

its

Article 3

This Joint Action shall be published in the Official Journal of the
European Union.

Done at Brussels, 2 December 2008.

For the Council
The President

C. LAGARDE

(1) OJ L 38, 13.2.2008, p. 19.
Commission Regulation (EC) No 1194/2008 of 2 December 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-12-02
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

L 323/16

EN

Official Journal of the European Union

3.12.2008

COMMISSION REGULATION (EC) No 1194/2008

of 2 December 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 3 December 2008.

Article 2

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

Done at Brussels, 2 December 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.

3.12.2008

EN

Official Journal of the European Union

L 323/17

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 10 20

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)

MA
TR
ZZ

JO
MA
TR
ZZ

JO
MA
TR
ZZ

BR
TR
ZA
ZZ
MA
TR
ZZ

HR
IL
TR
ZZ

MA
TR
ZA
ZZ

CA
CL
CN
MK
US
ZA
ZZ

CN
TR
US
ZZ

56,3
106,2
81,3

167,2
59,1
146,5
124,3

230,6
71,0
108,7
136,8

44,6
57,3
44,6
48,8
65,0
65,0
65,0

49,2
74,6
60,2
61,3

64,0
61,7
79,4
68,4

89,4
67,1
73,2
33,4
110,9
114,6
81,4

49,8
103,0
147,8
100,2

(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’.
Case T-531/08: Action brought on 2 December 2008 — Diputación Foral de Vizcaya v Commission
Date: 2008-12-02
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for annulment (EU), aid system, corporation tax, electrical engineering, tax relief

C 32/48

EN

Official Journal of the European Union

7.2.2009

Action brought on 2 December 2008 — Diputación Foral
de Vizcaya v Commission

(Case T-531/08)

(2009/C 32/92)

Language of the case: Spanish

Parties

Applicant: Territorio Histórico de Vizcaya — Diputación Foral de
Vizcaya (represented by: I. Sáenz-Cortabarría Fernández and M.
Morales Isasi, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Declaration that the letter from the Directorate General of
the European Commission D/53778
Competition of
[COMP/H4/NM/ed D(2008) 247], of 2 October 2008,
is
null and void, in so far as it requires the interest referred to
in Decisions 2003/27/EC and 2002/806/EC, of 11 July
2001 (infringement file 2007/2215), to be recovered on a
compound basis; and

— An order that the Commission should pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are those put forward in
Case T-529/08 Diputación Foral de Álava v Commission.

Order of the Court of First Instance of 10 December 2008
— Stichting IEA Secretariaat Nederland and Others v
Commission

(Case T-56/08) (1)

(2009/C 32/93)

Language of the case: English

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

(1) OJ C 107, 26.4.2008.

Order of the Court of First Instance of 2 December 2008
— British Sky Broadcasting Group v OHIM — Vortex
(SKY)

(Case T-66/08) (1)

(2009/C 32/94)

Language of the case: English

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

(1) OJ C 116, 9.5.2008.
Withdrawal of notification of a concentration (Case COMP/M.5298 — Dow/Rohm and Haas) Text with EEA relevance
Date: 2008-12-02
Institutions: European Commission
Subjects: agronomy, chemical product, economic concentration, electrical equipment, exchange of information, hydrocarbon, merger control, salt

2.12.2008

EN

Official Journal of the European Union

C 307/7

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Withdrawal of notification of a concentration

(Case COMP/M.5298 — Dow/Rohm and Haas)

(Text with EEA relevance)

(2008/C 307/07)

(Council Regulation (EC) No 139/2004)

On 10 November 2008, the Commission of the European Communities received notification of a proposed
concentration between The Dow Chemical Company and Rohm and Haas Company. On 21 November
2008, the notifying parties informed the Commission that they withdrew their notification.