do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5434 — Ryanair/Aer Lingus II) Text with EEA relevance
Date: 2009-01-21
Institutions: European Commission
Subjects: Ireland, air transport, carriage of passengers, economic concentration, exchange of information, merger control

C 14/10

EN

Official Journal of the European Union

21.1.2009

Prior notification of a concentration

(Case COMP/M.5434 — Ryanair/Aer Lingus II)

(Text with EEA relevance)

(2009/C 14/13)

1.
On 8 January 2009, 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 Ryanair Holdings Plc
(‘Ryanair’, Ireland), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the
whole of the undertaking Aer Lingus Group Plc (‘Aer Lingus’, Ireland), by way of public bid announced on
15 December 2008.

2.

The business activities of the undertakings concerned are:

— for Ryanair:
Europe,

low cost airline operating point-to-point scheduled passenger air transport services in

— for Aer Lingus: airline, formerly the Irish State-owned flag-carrier, operating point-to-point scheduled

passenger air transport services worldwide.

This notification is without prejudice to the final conclusion whether the transaction falls under the

3.
jurisdiction of the Commission according to the Regulation (EC) No 139/2004.

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.5434 — Ryanair/Aer Lingus II, 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-98/08: Order of the President of the Fourth Chamber of the Court of 21 January 2009 (reference for a preliminary ruling from the Juzgado de lo Mercantil de Madrid — Spain) — Asociación de Gestión de Derechos Intelectuales (AGEDI), Asociación de Artistas Intérpretes o Ejecutantes — Sociedad de Gestión de España (AIE) v Sogecable, SA, Canal Satélite Digital SL
Date: 2009-01-21
Institutions: Court of Justice
Subjects: audiovisual industry, copyright, intellectual property, interpretation of the law, music








C_2009113EN.01002804.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/28





Order of the President of the Fourth Chamber of the Court of 21 January 2009 (reference for a preliminary ruling from the Juzgado de lo Mercantil de Madrid — Spain) — Asociación de Gestión de Derechos Intelectuales (AGEDI), Asociación de Artistas Intérpretes o Ejecutantes — Sociedad de Gestión de España (AIE) v Sogecable, SA, Canal Satélite Digital SL
(Case C-98/08) (1)

2009/C 113/54

Language of the case: Spanish

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


(1)  OJ C 128, 24.5.2008.
Case F-4/09: Action brought on 21 January 2009 — De Britto Patricio-Dias v Commission
Date: 2009-01-21
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), reassignment, working conditions

C 69/54

EN

Official Journal of the European Union

21.3.2009

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 12 December 2008 — Di Prospero v
Commission

Form of order sought

(Case F-99/08)

(2009/C 69/119)

Language of the case: French

The applicant claims that the Tribunal should:

— Annul the decisions of the Appointing Authority of 11 April

2008 and 21 October 2008;

— Order the Commission of the European Communities to

pay the costs.

Parties

Applicant: Rita Di Prospero (Uccle, Belgium) (represented by: S.
Rodriguez and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of EPSO's decision not to accept the applicant's
application for competition EPSO/AD/117/08

Form of order sought

The applicant claims that the Tribunal should:

— Annul

the decision of

the European Personnel Selection
Office (EPSO) not to have allowed the applicant to submit
an application for competition EPSO/AD/117/08;

— Order the Commission of the European Communities to

pay the costs.

Action brought on 21 January 2009 — De Britto
Patricio-Dias v Commission

(Case F-4/09)

(2009/C 69/120)

Language of the case: French

Parties

Applicant:
(represented by: L. Massaux, lawyer)

Jorge De Britto Patricio-Dias

(Brussels, Belgium)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of the decision to reassign the appli-
cant to unit TREN.B.3

Action brought on 2 February 2009 — Fares v
Commission

(Case F-6/09)

(2009/C 69/121)

Language of the case: French

Parties

Applicant: Soukaïna Fares
(represented by: L. Vogel, lawyer)

(Berchem-Sainte-Agathe, Belgium)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of the decision to classify the appli-
cant in function group III, grade 8.

Form of order sought

The applicant claims the Tribunal should:

— Annul the decision adopted by the Authority Authorised to
Conclude Contracts on 17 October, by which it rejected the
complaint brought by the applicant on 21 June 2008
seeking annulment of the decision classifying the applicant
in function group III, at grade 8, and applying for entitle-
ment for classification at grade 9, with effect on the same
date;

— So far as necessary, also annul the original decision, by
which the applicant was classified in function group III, at
grade 8;

— Order the Commission of the European Communities to

pay the costs.
Non-opposition to a notified concentration (Case COMP/M.5314 — Robert Bosch/Hägglunds Drives) Text with EEA relevance
Date: 2009-01-21
Institutions: European Commission
Subjects: building materials, economic concentration, exchange of information, hydraulic energy, merger control, motor vehicle industry

C 14/4

EN

Official Journal of the European Union

21.1.2009

Non-opposition to a notified concentration

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

(Text with EEA relevance)

(2009/C 14/07)

On 10 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 German 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 32008M5314. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Non-opposition to a notified concentration (Case COMP/M.5332 — Ericsson/STM/JV) Text with EEA relevance
Date: 2009-01-21
Institutions: European Commission
Subjects: economic concentration, electronics industry, exchange of information, merger control, telecommunications industry

21.1.2009

EN

Official Journal of the European Union

C 14/3

Non-opposition to a notified concentration

(Case COMP/M.5332 — Ericsson/STM/JV)

(Text with EEA relevance)

(2009/C 14/05)

On 25 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 32008M5332. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5226 — Cinven/PGHL)

(Text with EEA relevance)

(2009/C 14/06)

On 22 July 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 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 32008M5226. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Non-opposition to a notified concentration (Case COMP/M.5324 — Centrica/Segebel) Text with EEA relevance
Date: 2009-01-21
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy distribution, energy production, exchange of information, gas supply, merger control

C 14/2

EN

Official Journal of the European Union

21.1.2009

Non-opposition to a notified concentration

(Case COMP/M.5324 — Centrica/Segebel)

(Text with EEA relevance)

(2009/C 14/03)

On 14 January 2009, 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 32009M5324. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5389 — Aeroports de Paris/The Nuance Group)

(Text with EEA relevance)

(2009/C 14/04)

On 22 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 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 32008M5389. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case T-399/06: Judgment of the Court of First Instance of 21 January 2009 — giropay v OHIM (GIROPAY) (Community trade mark — Application for the Community word mark GIROPAY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2009-01-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), banking, electronic money, trade-mark law

C 55/22

EN

Official Journal of the European Union

7.3.2009

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 14 January 2009
— Kronoply v Commission

Judgment of the Court of First Instance of 21 January 2009
— giropay v OHIM (GIROPAY)

(Case T-162/06) (1)

(Case T-399/06) (1)

(State aid — Regional aid for large investment projects —
Decision declaring the aid incompatible with the common
market — Statement of reasons — Incentive effect of the aid
— Necessity of the aid)

(Community trade mark — Application for the Community
word mark GIROPAY — Absolute ground for refusal —
Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2009/C 55/38)

(2009/C 55/39)

Language of the case: German

Language of the case: German

Parties

Parties

Applicant: Kronoply GmbH & Co. KG (Heiligengrabe, Germany)
(represented by: R. Nierer and L. Gordalla, lawyers)

Applicant: giropay GmbH (Frankfurt am Main, Germany) (repre-
sented by: K. Gründig-Schnelle, lawyer)

Defendant: Commission of the European Communities (repre-
sented initially by: K. Gross and T. Scharf, and subsequently by
V. Kreuschitz, K. Gross and T. Scharf, acting as Agents)

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

Re:

Re:

for

annulment

Application
Commission Decision
2006/262/EC of 21 September 2005 on State aid No C 5/2004
(ex N 609/2003) which Germany is planning to implement for
Kronoply (OJ 2006 L 94, p. 50).

of

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 26 October 2006 (Case R 308/2005-4)
concerning an application for registration of the word mark
GIROPAY as a Community trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the action.

The Court:

1. Dismisses the action;

2. Orders Kronoply GmbH & Co. KG to pay the costs.

2. Orders giropay GmbH to pay the costs.

(1) OJ C 212, 2.9.2006.

(1) OJ C 42, 24.2.2007.
Case C-29/09 P: Appeal brought on 21 January 2009 by Daniela Marinova against the order of the Court of First Instance (Sixth Chamber) delivered on 05 November 2008 in Case T-213/08: Marinova/Université Libre de Bruxelles and Commission
Date: 2009-01-21
Institutions: Court of Justice
Subjects: EU financing, General Court (EU), appeal, arbitration clause, contract, judicial proceedings, research project








C_2009267EN.01002404.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/24





Appeal brought on 21 January 2009 by Daniela Marinova against the order of the Court of First Instance (Sixth Chamber) delivered on 05 November 2008 in Case T-213/08: Marinova/Université Libre de Bruxelles and Commission
(Case C-29/09 P)
2009/C 267/44
Language of the case: English

Parties


Appellant: Daniela Marinova (represented by: G. Georgiev, advocate)

Other parties to the proceedings: Université Libre de Bruxelles, Commission of the European Communities
By order of 1 July 2009 the Court of Justice (Eight Chamber) held that the appeal was inadmissible.
Commission Regulation (EC) No 48/2009 of 21 January 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-01-21
Institutions: European Commission
Subjects: citrus fruit, fruit vegetable, import price, national agricultural policy, pip fruit

L 17/8

EN

Official Journal of the European Union

22.1.2009

COMMISSION REGULATION (EC) No 48/2009

of 21 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 22 January 2009.

Article 2

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

Done at Brussels, 21 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.

22.1.2009

EN

Official Journal of the European Union

L 17/9

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

EG
MA
TR
ZZ

CN
MK
TR
US
ZZ

CN
KR
TR
US
ZZ

138,6
75,8
44,4
134,4
99,6
98,6

155,5
116,0
132,3
134,6

164,3
98,4
131,4

56,8
49,6
64,1
61,5
62,6
58,9

91,6
91,6

63,5
88,6
68,2
93,4
46,6
77,2
72,9

52,5
67,1
63,2
60,9

79,9
32,6
67,5
104,9
71,2

66,8
148,7
97,0
118,2
107,7

(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.5399 — Mubadala/Rolls-Royce/JV) Text with EEA relevance
Date: 2009-01-21
Institutions: European Commission
Subjects: aerospace industry, air transport, economic concentration, electricity supply, energy production, exchange of information, investment company, maritime transport, merger control, provision of services

21.1.2009

EN

Official Journal of the European Union

C 14/9

Prior notification of a concentration

(Case COMP/M.5399 — Mubadala/Rolls-Royce/JV)

(Text with EEA relevance)

(2009/C 14/12)

1.
On 13 January 2009, 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 Mubadala Development
Corporation PJSC (‘Mubadala’, United Arab Emirates) and Rolls-Royce plc (‘Rolls-Royce’, United Kingdom)
acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking
JVCO (‘JVCO’, United Arab Emirates) 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 Mubadala: direct principal investments,

— for Rolls-Royce: manufacture of turbines for aerospace, power generation and marine propulsion as well

as associated aftercare, maintenance and repair services,

— for JVCO: supply of aftermarket services for large commercial aircraft engines.

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.5399 — Mubadala/Rolls-Royce/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.
Non-opposition to a notified concentration (Case COMP/M.5366 — Iberdrola Renovables/Gamesa) Text with EEA relevance
Date: 2009-01-21
Institutions: European Commission
Subjects: economic concentration, electricity supply, energy production, exchange of information, merger control, wind energy

21.1.2009

EN

Official Journal of the European Union

C 14/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5366 — Iberdrola Renovables/Gamesa)

(Text with EEA relevance)

(2009/C 14/01)

On 4 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 32008M5366. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5217 — GEFA/PEMA)

(Text with EEA relevance)

(2009/C 14/02)

On 6 August 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 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 32008M5217. EUR-Lex is the

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