do-me/EUR-LEX huggingface dataset:
Case C-112/08: Order of the President of the Court of 13 January 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-01-13
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, credit institution, national implementing measure, provision of services, right of establishment








C_2009141EN.01003402.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/34





Order of the President of the Court of 13 January 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-112/08) (1)

2009/C 141/62

Language of the case: Spanish

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


(1)  OJ C 128, 24.5.2008.
Prior notification of a concentration (Case COMP/M.5450 — Kühne/HGV/TUI/Hapag-Lloyd) Text with EEA relevance
Date: 2009-01-13
Institutions: European Commission
Subjects: carriage of passengers, economic concentration, exchange of information, freight rate, inland transport, insurance, maritime transport, merger control, property market, transport company

13.1.2009

EN

Official Journal of the European Union

C 7/15

Prior notification of a concentration

(Case COMP/M.5450 — Kühne/HGV/TUI/Hapag-Lloyd)

(Text with EEA relevance)

(2009/C 7/11)

1.
On 23 December 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 Kühne Holding AG
(‘Kühne’), HGV Hamburger Gesellschaft für Vermögens- und Beteiligungsmanagement mbH (‘HGV’) and
TUI AG (‘TUI’) (all of Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation
joint control of the undertaking Hapag-Lloyd AG (‘HL AG’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Kühne: holding company, logistic services including sea freight forwarding, insurance brokerage and

real estate business, inland transportation,

— for HGV: investment and holding company of the business activities of the City of Hamburg, including

container terminal services and terminal logistics services, inland transportation,

— for TUI: tourism and shipping, container liner shipping, cruise line services, inland transportation,

— for HL AG: container shipping and container port terminal services.

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.5450 — Kühne/HGV/TUI/Hapag-Lloyd, 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.
Common system of trade for ovalbumin and lactalbumin (codified version) * European Parliament legislative resolution of 13 January 2009 on the proposal for a Council regulation on the common system of trade for ovalbumin and lactalbumin (codified version) (COM(2008)0488 – C6-0334/2008 – 2008/0155(CNS))
Date: 2009-01-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: animal protein, codification of EU law, common organisation of markets, consultation procedure, drafting of EU law, egg, milk protein, resolution of parliament








CE2010046EN.01012002.xml










24.2.2010   


EN


Official Journal of the European Union


CE 46/120





Common system of trade for ovalbumin and lactalbumin (codified version) *

P6_TA(2009)0002

European Parliament legislative resolution of 13 January 2009 on the proposal for a Council regulation on the common system of trade for ovalbumin and lactalbumin (codified version) (COM(2008)0488 – C6-0334/2008 – 2008/0155(CNS))
(2010/C 46 E/22)

(Consultation procedure – codification)


The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2008)0488),










—


having regard to Articles 26, 87 to 89, 132 et seq. and 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0334/2008),










—


having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (1),










—


having regard to Rules 80 and 51 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A6-0510/2008),










A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ C 102, 4.4.1996, p. 2.
Placing of plant protection products on the market ***II European Parliament legislative resolution of 13 January 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council on the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (11119/8/2008 – C6-0326/2008 – 2006/0136(COD))#P6_TC2-COD(2006)0136 Position of the European Parliament adopted at second reading on 13 January 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC
Date: 2009-01-13
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: codecision procedure, drafting of EU law, exchange of information, marketing, marketing standard, pharmaceutical product, plant health product, resolution of parliament








CE2010046EN.01012401.xml










24.2.2010   


EN


Official Journal of the European Union


CE 46/124





Placing of plant protection products on the market ***II

P6_TA(2009)0011

European Parliament legislative resolution of 13 January 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council on the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (11119/8/2008 – C6-0326/2008 – 2006/0136(COD))
(2010/C 46 E/26)

(Codecision procedure: second reading)


The European Parliament,






—


having regard to the Council common position (11119/8/2008 – C6-0326/2008) (1),










—


having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0388),










—


having regard to the amended Commission proposal (COM(2008)0093),










—


having regard to Article 251(2) of the EC Treaty,










—


having regard to Rule 62 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0444/2008),










1.


Approves the common position as amended;










2.


Instructs its President to forward its position to the Council and Commission.






(1)  OJ C 266 E, 21.10.2008, p. 1.

(2)  OJ C 263 E, 16.10.2008, p.181.


P6_TC2-COD(2006)0136
Position of the European Parliament adopted at second reading on 13 January 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC

(As an agreement was reached between Parliament and Council, Parliament's position ati second reading corresponds to the final legislative act, Regulation (EC) No …)
System of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of a registered office (codified version) * European Parliament legislative resolution of 13 January 2009 on the proposal for a Council directive on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States (codified version) (COM(2008)0492 – C6-0336/2008 – 2008/0158(CNS))
Date: 2009-01-13
Institutions: Committee on Legal Affairs, European Parliament
Subjects: codification of EU law, consultation procedure, demerger, drafting of EU law, merger, organisation, resolution of parliament, share, tax system








CE2010046EN.01012101.xml










24.2.2010   


EN


Official Journal of the European Union


CE 46/121





System of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of a registered office (codified version) *

P6_TA(2009)0003

European Parliament legislative resolution of 13 January 2009 on the proposal for a Council directive on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States (codified version) (COM(2008)0492 – C6-0336/2008 – 2008/0158(CNS))
(2010/C 46 E/23)

(Consultation procedure – codification)


The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2008)0492),










—


having regard to Article 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0336/2008),










—


having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (1),










—


having regard to Rules 80 and 51 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A6-0511/2008),










A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ C 102, 4.4.1996, p. 2.
Non-opposition to a notified concentration (Case COMP/M.5363 — Santander/Bradford & Bingley Assets) Text with EEA relevance
Date: 2009-01-13
Institutions: European Commission
Subjects: bank, economic concentration, exchange of information, financial institution, financial market, merger control

C 7/4

EN

Official Journal of the European Union

13.1.2009

Non-opposition to a notified concentration

(Case COMP/M.5363 — Santander/Bradford & Bingley Assets)

(Text with EEA relevance)

(2009/C 7/04)

On 17 December 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 32008M5363. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5384 — BNP Paribas/Fortis)

(Text with EEA relevance)

(2009/C 7/05)

On 3 December 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) in conjunction with
Article 6(2) 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 32008M5384. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Amendment to the Rules of Procedure of the Court of Justice
Date: 2009-01-13
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, administrative procedure, operation of the Institutions, rules of procedure

L 24/8

EN

Official Journal of the European Union

28.1.2009

RULES OF PROCEDURE

COURT OF JUSTICE

AMENDMENT TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE

THE COURT,

Having regard to the Treaty establishing the European Community, and in particular the sixth paragraph of
Article 223 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the
sixth paragraph of Article 139 thereof,

Whereas it is necessary to clarify the number of ballots that may be held for the election of the President of
the Court of Justice and the election of the Presidents of Chambers,

With the Council’s approval given on 27 November 2008,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the Court of Justice of the European Communities (1) are hereby amended as
follows:

Article 7(3) shall be replaced by the following:

‘The elections provided for in this Article shall be by secret ballot. The Judge obtaining the votes of
more than half the Judges composing the Court shall be elected. If no Judge obtains that majority,
further ballots shall be held until that majority is attained.’

This amendment to the Rules of Procedure, which is authentic in the languages referred to in Article 29(1)
of these Rules, shall be published in the Official Journal of the European Union and shall enter into force on
the first day of the second month following its publication.

Article 2

Done at Luxembourg, 13 January 2009.

(1) OJ L 176, 4.7.1991, p. 7.
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: 2009-01-13
Institutions: European Commission
Subjects: Belgium, Guadeloupe, State aid, air transport, control of State aid, exchange of information, transport company

13.1.2009

EN

Official Journal of the European Union

C 7/1

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)

(2009/C 7/01)

Date of adoption of the decision

25.11.2008

Reference number of the aid

N 352/08

Member State

Region

Belgium

Région wallonne

Title (and/or name of the beneficiary) Régime d'aides en faveur des modes de transport alternatif à la route pour la

période 2008-2013

Legal basis

Décret du 11 mars 2004 relatif aux incitants destinés à favoriser la protection
de l'environnement et l'utilisation durable de l'énergie

Projet d'arrêté du Gouvernement wallon relatif aux incitants régionaux en faveur
des grandes entreprises et en faveur des petites ou moyennes entreprises qui
réalisent des investissements favorisant des modes de transport alternatif à la
route et qui poursuivent des objectifs de protection de l'environnement

Type of measure

Aid scheme

Objective

Form of aid

Budget

Intensity

Duration

Economic sectors

Sectoral development

Grant

EUR 2,5 million

30 %

5 years

Transport

Name and address of
authority

the granting

Ministère de la Région Wallonne
Place de la Wallonie, 1
B-5100 Namur

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 7/2

EN

Official Journal of the European Union

13.1.2009

Date of adoption of the decision

30.10.2008

Reference number of the aid

N 421/08

Member State

Region

France

Guadeloupe

Title (and/or name of the beneficiary) Modifications du régime d'aides

en 2004
(N 385/2004), modifié en 2006 (N 296/2006) au bénéfice de certaines
catégories de passagers des liaisons aériennes reliant la Guadeloupe à la France
métropolitaine

caractère

instauré

social

à

Legal basis

Type of measure

Objective

Form of aid

Budget

Intensity

Duration

Economic sectors

Article 60 de la loi no 2003-660 du 21 juillet 2003 de programme pour
l'outre-mer, modifié par l'article 16 de la loi no 2007-224 du 21 février 2007

Aid scheme

Social aid

Direct grant

The annual budget is estimated at EUR 6,21 million

N/A

10 years

Aviation

Name and address of
authority

the granting

—

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/
Prior notification of a concentration (Case COMP/M.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/Porterbrook Leasing) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-01-13
Institutions: European Commission
Subjects: bank, banking, economic concentration, exchange of information, financial institution, investment, merger control, pension scheme

C 7/14

EN

Official Journal of the European Union

13.1.2009

Prior notification of a concentration

(Case COMP/M.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/Porterbrook
Leasing)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 7/10)

1.
On 23 December 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 OPSEU Pension Plan
Trust Fund (‘OP Trust’, Canada), Deutsche Bank AG (‘DB’, Germany), Lloyds TSB Bank plc (‘Lloyds’, United
Kingdom) and Antin Infrastructure Partners FCPR (‘AIP’, United Kingdom), an investment fund sponsored by
BNP Paribas SA (‘BNP’, France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint
control of the undertaking Porterbrook Leasing Company Limited and subsidiaries (‘Porterbrook’, United
Kingdom), currently jointly controlled by DB, Lloyds and AIP, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for OP Trust: administering one of the Canada's largest pension plans,

— for DB: global provider of financial services,

— for Lloyds: financial services group providing banking and financial services in the UK and overseas,

— for AIP: investment fund sponsored by BNP,

— for BNP: provider of banking and financial services in France and abroad,

— for Porterbrook: supply of operating leases of all types of railway rolling stock and associated equipment
to British passenger train operating companies and freight companies, including rolling stock mainte-
nance services.

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.5439 — OP Trust/Deutsche Bank London/Lloyds TSB Bank/BNP Paribas/
Porterbrook Leasing, 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.
Framework for Community action to achieve a sustainable use of pesticides ***II European Parliament legislative resolution of 13 January 2009 on the Council common position for adopting a directive of the European Parliament and of the Council establishing a framework for Community action to achieve a sustainable use of pesticides (6124/2008 – C6-0323/2008 – 2006/0132(COD))#P6_TC2-COD(2006)0132 Position of the European Parliament adopted at second reading on 13 January 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides
Date: 2009-01-13
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU initiative, codecision procedure, drafting of EU law, environmental protection, pesticide, pollution control measures, pollution from agricultural sources, prevention of pollution, resolution of parliament








CE2010046EN.01012301.xml










24.2.2010   


EN


Official Journal of the European Union


CE 46/123





Framework for Community action to achieve a sustainable use of pesticides ***II

P6_TA(2009)0010

European Parliament legislative resolution of 13 January 2009 on the Council common position for adopting a directive of the European Parliament and of the Council establishing a framework for Community action to achieve a sustainable use of pesticides (6124/2008 – C6-0323/2008 – 2006/0132(COD))
(2010/C 46 E/25)

(Codecision procedure: second reading)


The European Parliament,






—


having regard to the Council common position (6124/2008 – C6-0323/2008) (1),










—


having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0373),










—


having regard to Article 251(2) of the EC Treaty,










—


having regard to Rule 62 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0443/2008),










1.


Approves the common position as amended;










2.


Instructs its President to forward its position to the Council and Commission.






(1)  OJ C 254 E, 7.10.2008, p. 1.

(2)  OJ C 263 E, 16.10.2008, p. 157.


P6_TC2-COD(2006)0132
Position of the European Parliament adopted at second reading on 13 January 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides

(As an agreement was reached between Parliament and Council, Parliament's position ati second reading corresponds to the final legislative act, Directive …)