do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on Mergers given at its meeting of 20 June 2008 regarding a draft decision relating to Case COMP/M.4942 — Nokia/Navteq — Rapporteur: France
Date: 2009-01-20
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), application of EU law, browser, cartography, competition law, economic concentration, exchange of information, merger control, restrictive-practice authorisation

C 13/6

EN

Official Journal of the European Union

20.1.2009

Opinion of the Advisory Committee on Mergers given at its meeting of 20 June 2008 regarding a
draft decision relating to Case COMP/M.4942 — Nokia/Navteq

Rapporteur: France

(2009/C 13/04)

1. The Advisory Committee agrees with the Commission that the notified operation constitutes a concen-
tration within the meaning of Article 3(1)(b) of the EC Merger Regulation and that it can be deemed to
have a community dimension pursuant to Article 4(5) of that Regulation.

2. The Advisory Committee agrees with the Commission that this is a vertical merger comprising the

following relevant product markets:

— Navigable Digital Map Databases — Upstream market,

— Navigation Software — Intermediate market,

— Navigation Applications for Mobile Handsets — Downstream market I,

— Mobile Handsets — Downstream market II.

3. The Advisory Committee agrees with the Commission that the relevant geographic market for Navigable

Digital Map Databases is worldwide in scope.

4. The Advisory Committee agrees with the Commission that the relevant geographic market for Naviga-

tion Software is worldwide in scope.

5. The Advisory Committee agrees with the Commission that the relevant geographic market for Naviga-

tion Applications for Mobile Handsets is at least EEA-wide in scope.

6. The Advisory Committee agrees with the Commission that the relevant geographic market for Mobile

Handsets is at least EEA wide in scope.

7. The Advisory Committee agrees with the Commission's conclusion that the merged entity would have
no incentive to increase the price or degrade quality/delay access to Navigable Digital Map Databases to
its competitors in the markets for Navigation Applications for Mobile Handsets and Mobile Handsets.

8. The Advisory Committee agrees with the Commission's conclusion that the proposed concentration is

not likely to result in any anti-competitive impact to the detriment of consumers.

9. The Advisory Committee agrees with the Commission's conclusion that the proposed concentration
will not result in a significant impediment of effective competition in the common market or a substan-
tial part of it.

10. The Advisory Committee agrees with the Commission that the notified concentration should therefore
be declared compatible with the common market pursuant to Article 8(1) of the EC Merger Regulation.

11. The Advisory Committee recommends the publication of this opinion in the Official Journal of the

European Union.
Case C-210/08 P: Order of the Court (Fifth Chamber) of 20 January 2009 — Sebirán S.L. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), El Coto de Rioja S.A. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Figurative mark Coto D’Arcis — Opposition by the proprietor of word marks COTO DE IMAZ and EL COTO — Partial refusal to register)
Date: 2009-01-20
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, appeal, non-alcoholic beverage, trade-mark law








C_2009113EN.01001801.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/18





Order of the Court (Fifth Chamber) of 20 January 2009 — Sebirán S.L. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), El Coto de Rioja S.A.
(Case C-210/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Figurative mark Coto D’Arcis - Opposition by the proprietor of word marks COTO DE IMAZ and EL COTO - Partial refusal to register)
2009/C 113/35
Language of the case: Spanish

Parties


Appellant: Sebirán S.L. (represented by: J.A. Calderón Chavero, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent), El Coto de Rioja S.A. (represented by: J. Grimau Muñoz and J. Villamor Muguerza, abogados)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber) delivered on 12 March 2008 in Case T-332/04 Sebirán v OHIM and El Coto de Rioja in which the Court dismissed the application of Sebirán S.L. for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 June 2004 (Case R 550/2003-2)

Operative part of the order







1.


The appeal is dismissed.










2.


Sebirán S.L. is ordered to pay the costs.






(1)  OJ C 183, 19.7.2008.
Euro exchange rates
Date: 2009-01-20
Institutions: European Commission
Subjects: euro, exchange rate

20.1.2009

EN

Official Journal of the European Union

C 13/5

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

19 January 2009

(2009/C 13/03)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

TRY

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Turkish lira

1,3182

AUD Australian dollar

119,16

7,4509

0,90470

10,7870

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9628

1,6492

10,2273

2,4223

1,9693

1,4812

KRW South Korean won

1 800,62

9,1200

1,9558

27,708

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

283,55

3,4528

0,7035

4,3435

4,3050

2,1768

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

13,2716

9,0111

7,3997

14 618,84

4,7198

62,130

43,5998

46,038

3,0813

18,4192

64,0910

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 40/2009 of 20 January 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-01-20
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

21.1.2009

EN

Official Journal of the European Union

L 16/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 40/2009

of 20 January 2009

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 21 January 2009.

Article 2

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

Done at Brussels, 20 January 2009.

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 16/2

EN

Official Journal of the European Union

21.1.2009

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)

IL
JO
MA
TN
TR
ZZ

JO
MA
TR
ZZ

MA
TR
ZZ

EG
IL
MA
TN
TR
ZZ

MA
ZZ

CN
EG
IL
JM
PK
TR
ZZ

MA
TR
ZZ

CN
MK
TR
US
ZZ

CN
KR
TR
US
ZZ

138,6
75,8
43,6
134,4
106,4
99,8

155,5
108,6
127,6
130,6

168,4
106,3
137,4

58,5
56,2
65,3
49,2
66,4
59,1

75,6
75,6

64,7
88,6
75,0
93,4
46,6
62,7
71,8

67,1
60,6
63,9

65,6
32,6
67,5
101,1
66,7

71,5
148,7
97,0
106,3
105,9

(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’.
2009/76/EC: Council Decision of 20 January 2009 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of the Bank Ċentrali ta′ Malta/Central Bank of Malta
Date: 2009-01-20
Institutions: Council of the European Union
Subjects: Malta, accountant, central bank, self-employed person

29.1.2009

EN

Official Journal of the European Union

L 25/17

COUNCIL DECISION

of 20 January 2009

amending Decision 1999/70/EC concerning the external auditors of the national central banks, as
regards the external auditor of the Bank Ċentrali ta′ Malta/Central Bank of Malta

(2009/76/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European
System of Central Banks and of the European Central Bank
annexed to the Treaty establishing the European Community,
and in particular to Article 27(1) thereof,

Having regard to Recommendation ECB/2008/19 of
the
European Central Bank of 5 December 2008 to the Council
the
the European Union on the external auditors of
of
Central Bank of Malta (1),

Whereas:

(4)

It is appropriate to follow the recommendation of the
ECB's Governing Council and amend Council Decision
1999/70/EC (2) accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Article 1(15) of Decision 1999/70/EC shall be replaced by the
following:

‘15.
Bank Ċentrali
financial years 2009 to 2013.’

KPMG is hereby approved as the external auditors of
the

ta′ Malta/Central Bank of Malta for

(1)

(2)

(3)

The accounts of the European Central Bank (ECB) and of
the national central banks of the Eurosystem shall be
audited by independent external auditors recommended
by the ECB's Governing Council and approved by the
Council of the European Union.

Article 2

This Decision shall be notified to the ECB.

Article 3

The mandate of the current external auditors of the Bank
Ċentrali ta′ Malta/Central Bank of Malta will end after the
audit for the financial year 2008. It is therefore necessary
to appoint external auditors as from the financial year
2009.

The ECB's Governing Council has recommended that
KPMG should be appointed as the external auditors for
the financial years 2009 to 2013.

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

Done at Brussels, 20 January 2009.

For the Council
The President

M. KALOUSEK

(1) OJ C 322, 17.12.2008, p. 1.

(2) OJ L 22, 29.1.1999, p. 69.
Case C-257/08: Order of the President of the Court of 20 January 2009 — Commission of the European Communities v Italian Republic
Date: 2009-01-20
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, road transport, social legislation








C_2009113EN.01002805.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/28





Order of the President of the Court of 20 January 2009 — Commission of the European Communities v Italian Republic
(Case C-257/08) (1)

2009/C 113/55

Language of the case: Italian

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


(1)  OJ C 209, 15.8.2008.
Case F-32/08: Judgment of the Civil Service Tribunal (First Chamber) of 20 January 2009 — Klein v Commission (Staff case — Officials — Pensions — Invalidity pension — Death — Definition of dependent child — Article 2 of Annex VII to the Staff Regulations — Death allowance — Death grant — Orphans' pension)
Date: 2009-01-20
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, death grant, survivor's benefit

7.3.2009

EN

Official Journal of the European Union

C 55/51

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 27 November 2008 — Klug v EMEA

Judgment of the Civil Service Tribunal (First Chamber) of
20 January 2009 — Klein v Commission

(Case F-35/07) (1)

(Case F-32/08) (1)

(Staff
fixed-term contract — Unfavourable appraisal

case — Temporary staff — Non-renewal of a
report —

Psychological harassment)

(Staff case — Officials — Pensions — Invalidity pension —
Death — Definition of dependent child — Article 2 of
Annex VII to the Staff Regulations — Death allowance —
Death grant — Orphans' pension)

(2009/C 55/92)

Language of the case: German

(2009/C 55/93)

Language of the case: French

Parties

Parties

Applicant: Bettina Klug (London, United Kingdom) (represented
by: W. Grupp, lawyer, initially, then by S. Zickgraf, lawyer)

Defendant: European Medicines Agency (EMEA) (represented by:
V. Salvatore, S. Vanlievendael, Agents, assisted by H.-G. Kamman
and N. Rössler, lawyers)

Applicant: Marie-Claude Klein (Grasse, France) (represented by: S.
Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and K. Herrmann, Agents)

Re:

Re:

Annulment of the decision of the European Medicines Agency
rejecting the applicant's claim for an extension of her employ-
ment contract — Application for a new staff report — Applica-
tion for damages

Annulment of the Appointing Authority's decision of 4 May
2007 refusing to grant the applicant entitlement to a death
grant, a death allowance and an orphans' pension.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

2. Orders Ms Klein to pay all the costs.

(1) OJ C 140, 23.6.2007, p. 45.

(1) OJ C 116, 9.5.2008, p. 36.
Case C-38/08 P: Order of the Court of 20 January 2009 — Jörn Sack v Commission of the European Communities (Appeal — Civil service — Remuneration — Non-application of the increment provided for heads of unit to a legal adviser of grade A*14 — Principle of equal treatment)
Date: 2009-01-20
Institutions: Court of Justice
Subjects: European official, action by staff, appeal, bonus payment, civil service, infringement of EU law, legal adviser, personnel administration, remuneration of work








C_2009141EN.01002101.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/21





Order of the Court of 20 January 2009 — Jörn Sack v Commission of the European Communities
(Case C-38/08 P) (1)

(Appeal - Civil service - Remuneration - Non-application of the increment provided for heads of unit to a legal adviser of grade A*14 - Principle of equal treatment)
2009/C 141/36
Language of the case: German

Parties


Appellant: Jörn Sack (represented by: D. Mahlo, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities (represented by: B. Wägenbaur and J. Currall, acting as Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 11 December 2007 in Case T-66/05 Sack v Commission, by which the Court of First Instance rejected the application for the annulment of the decisions relating to the setting of the applicant’s monthly salary for the period from May 2004 to February 2005, application for that salary to be recalculated and application for the annulment of the decision expressly rejecting the applicant’s complaint — Non-application of the increment provided for heads of unit to a legal adviser of grade A*14 in the Commission’s legal service responsible for the coordination of a working group — Infringement of the principle of equal treatment.

Operative part







1.


The appeal is dismissed;










2.


Mr Sack shall bear his own costs and pay the costs incurred by the Commission of the European Communities.






(1)  OJ C 107, 26.4.2008.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections
Date: 2009-01-20
Institutions: European Commission
Subjects: Italy, Spain, State aid, control of State aid, exchange of information, farming sector

20.1.2009

EN

Official Journal of the European Union

C 13/1

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

(2009/C 13/01)

Date of adoption of the decision

10.12.2008

Reference number of the aid

Member State

Region

N 2/08

Italy

Provincia Autonoma di Bolzano

Title (and/or name of beneficiary)

Aiuti per il pagamento di premi assicurativi nel settore zootecnico

Legal basis

Legge della Provincia di Bolzano n. 11 del 14 dicembre 1998 [Articolo 4,
lettera k)]

Progetto di Deliberazione della Giunta provinciale di Bolzano del 27 agosto
2008 sui criteri e modalità per la concessione di aiuti per il pagamento di premi
assicurativi nel settore zootecnico

Type of measure

Scheme

Objective

Form of aid

Budget

Intensity

Duration

Aid for insurance in the agricultural sector

Capital grants

Total budget: EUR 9 600 000

Annual budget: EUR 1 600 000

Maximum 50 %

From the date of approval by the Commission until 31.12.2013

Economic sectors

Agriculture

Name and address of
authority

the granting

Provincia Autonoma di Bolzano
Via Conciapelli 69
I-39100 Bolzano

Other information

The aid introduces amendments, especially as regards enlarging the categories of
eligible beneficiaries, to the aid approved by the Commission in the context of
Dossier NN 78/2000 (ex N 165/2000)

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 13/2

EN

Official Journal of the European Union

20.1.2009

Date of adoption of the decision

8.12.2008

Reference number of the aid

N 223/08

Member State

Region

Spain

—

Title (and/or name of beneficiary)

Ayudas a la inversión en favor de una gestión sostenible de las deyecciones
porcinas

Legal basis

Proyecto de Real Decreto de 2008 por el que se establecen medidas de apoyo
para determinados proyectos de mejora de la gestión medioambiental de las
deyecciones porcinas.

Ley General de Subvenciones no 38/03 de 17 de noviembre de 2003

Type of measure

Scheme

Objective

Form of aid

Budget

Intensity

Duration

Investment aid for improving a more sustainable environmental management of
porcine droppings

Direct grant

Total budget: EUR 20 million ( 2008-2012)

Annual budget: EUR 4 million

75 %-60 % — Max. EUR 200 000 per project

From the date of the Commission approval until 31.12.2012

Economic sectors

Agriculture

Name and address of
authority

the granting

Ministerio de Agricultura, Pesca y Alimentación
Paseo Infanta Isabel, no 1
E-28014 Madrid

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/
Case C-374/07 P: Order of the Court of 20 January 2009 — Mebrom NV v Commission of the European Communities (Appeal — Non-contractual liability of the Commission — Certain and actual loss — Distortion of the clear sense of the facts and the evidence — Burden of proof)
Date: 2009-01-20
Institutions: Court of Justice
Subjects: European Commission, appeal, chemical product, damage, import (EU), liability, proof








C_2009141EN.01002003.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/20





Order of the Court of 20 January 2009 — Mebrom NV v Commission of the European Communities
(Case C-374/07 P) (1)

(Appeal - Non-contractual liability of the Commission - Certain and actual loss - Distortion of the clear sense of the facts and the evidence - Burden of proof)
2009/C 141/35
Language of the case: English

Parties


Appellant: Mebrom NV (represented by: K. Van Maldegem and C. Mereu, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: X. Lewis, Agent)

Re:

Appeal brought against the judgment of the Second Chamber of the Court of First Instance of 22 May 2007 in Case T-198/05 Mebrom v Commission by which the Court dismissed as unfounded an action for compensation for the damage allegedly suffered by the appellant following the Commission’s failure to set up, for January and February 2005, a system allowing it to import methyl bromide into the European Union in accordance with Articles 6 and 7 of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L 244, p. 1).

Operative part

Το Δικαστήριο διατάσσει:






1.


The appeal is dismissed.










2.


Mebrom NV shall pay the costs.






(1)  OJ C 247, 20.10.2007.
Final Report of the Hearing Officer in Case COMP/M.4942 — Nokia/Navteq
Date: 2009-01-20
Institutions: European Commission
Subjects: European Economic Area, access to information, competition law, disclosure of information, economic concentration, fact-finding mission, merger control, mobile phone, restriction on competition, telecommunications

20.1.2009

EN

Official Journal of the European Union

C 13/7

Final Report (1) of the Hearing Officer in Case COMP/M.4942 — Nokia/Navteq

(2009/C 13/05)

On 19 February 2008, the Commission received a formal notification pursuant to Article 4 of the Merger
Regulation by which Nokia Corporation (‘Nokia’), would acquire control of the whole of Navteq Corporation
by way of purchase of shares, within the meaning of Article 3(1)(b) of the Merger Regulation.

Upon examination of the notification, the Commission concluded that the notified operation raised serious
doubts as to its compatibility with the common market and the Agreement on the European Economic
Area (‘EEA Agreement’). Therefore, on 28 March 2008, the Commission initiated proceedings pursuant to
Article 6(1)(c) of the Merger Regulation.

On 21 April 2008 and 2 May 2008, the Commission provided Nokia with access to key documents,
including non-confidential versions of
in accordance with paragraph 45 of
third-party submissions,
DG Competition's Best Practices on the conduct of EC merger control proceedings.

On the basis of the additional evidence gathered during the in-depth phase of the investigation, the Commis-
sion services concluded that the proposed transaction would not significantly impede effective competition
in the common market, and is therefore compatible with the common market and the EEA Agreement.
Accordingly, no Statement of Objections was sent to the notifying party.

No queries or submissions have been made to me by the merging parties or any third-party. The case does
not call for any particular comments as regards the right to be heard.

Brussels, 25 June 2008.

Karen WILLIAMS

(1) Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of

Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).