do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5454 — DSV/Vesterhavet/DFDS) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-02-10
Institutions: European Commission
Subjects: economic concentration, exchange of information, freight rate, maritime transport, merger control, software

10.2.2009

EN

Official Journal of the European Union

C 33/23

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5454 — DSV/Vesterhavet/DFDS)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 33/07)

1.
On 30 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 Vesterhavet A/S
(‘Vesterhavet’, Denmark) and DSV A/S (‘DSV’, Denmark) acquire within the meaning of Article 3(1)(b) of the
Council Regulation joint control of DFDS A/S (‘DFDS’, Denmark) by way of share swap.

2.

The business activities of the undertakings concerned are:

— for Vesterhavet: ocean shipping and support services,

— for DSV: freight forwarding and contract logistic services,

— for DFDS: sea shipping and terminal services.

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.5454 — DSV/Vesterhavet/DFDS, 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 Recommendation of 10 February 2009 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Eighth EDF) for the financial year 2007
Date: 2009-02-10
Institutions: Council of the European Union
Subjects: Community budget, European Commission, European Development Fund, budgetary discharge, implementation of the budget

L 40/36

EN

Official Journal of the European Union

11.2.2009

COUNCIL RECOMMENDATION

of 10 February 2009

concerning the discharge to be given to the Commission in respect of the implementation of the
operations of the European Development Fund (Eighth EDF) for the financial year 2007

(2009/113/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Fourth ACP-EEC Convention, signed at
Lomé on 15 December 1989 (1)
and amended by the
Agreement signed in Mauritius on 4 November 1995 (2),

the Governments of

Having regard to the Internal Agreement between the Represen­
tatives of
the Member States, meeting
within the Council, on the financing and administration of
the Community aid under the Second Financial Protocol to
the Fourth ACP-EC Convention (3), hereinafter referred to as
the Internal Agreement, setting up, amongst others, the Eighth
European Development Fund (Eighth EDF), and in particular
Article 33(3) thereof,

Having regard to the Financial Regulation 98/430/EC of
16 June 1998 applicable to development finance cooperation
under the Fourth ACP-EC Convention (4), and in particular
Articles 66 to 74 thereof,

Having examined the revenue and expenditure account and the
balance sheet relating to the operations of the Eighth EDF as at

31 December 2007, and the Court of Auditors’
report
concerning the financial year 2007 together with the Commis­
sion's replies (5),

Whereas:

(1)

(2)

for

Pursuant to Article 33(3) of the Internal Agreement, the
discharge
the
Eighth EDF is to be given to the Commission by the
European Parliament on the recommendation of
the
Council.

financial management

the

of

The overall
operations of
year 2007 has been satisfactory,

implementation by the Commission of the
the Eighth EDF during the financial

HEREBY RECOMMENDS that the European Parliament give the
Commission a discharge in respect of the implementation of
the operations of the Eighth EDF for the financial year 2007.

Done at Brussels, 10 February 2009.

For the Council
The President

M. KALOUSEK

(1) OJ L 229, 17.8.1991, p. 3.
(2) OJ L 156, 29.5.1998, p. 3.
(3) OJ L 156, 29.5.1998, p. 108.
(4) OJ L 191, 7.7.1998, p. 53.

(5) OJ C 286, 10.11.2008, p. 273.
Prior notification of a concentration (Case COMP/M.5426 — Dassault Aviation/TSA/Thales) Text with EEA relevance
Date: 2009-02-10
Institutions: European Commission
Subjects: air transport, economic concentration, exchange of information, holding company, merger control, militarisation of space, military aircraft, military equipment

C 33/24

EN

Official Journal of the European Union

10.2.2009

Prior notification of a concentration

(Case COMP/M.5426 — Dassault Aviation/TSA/Thales)

(Text with EEA relevance)

(2009/C 33/08)

1.
On 3 February 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 Dassault Aviation
(‘Dassault Aviation’, France), controlled by Groupe Industriel Marcel Dassault and TSA (‘TSA’, France),
controlled by the French State acquire within the meaning of Article 3(1)(b) of the Council Regulation joint
control of the undertaking Thales (‘Thales’, France) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Dassault Aviation: sales of business jets, military aircrafts and components for satellites,

— for undertaking TSA: holding company,

— for undertaking Thales: sales of equipment for aircrafts, air systems, military and civil communication
systems, naval ships and naval systems, security systems and satellites and equipments for satellites.

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.5426 — Dassault Aviation/TSA/Thales, 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.
Euro exchange rates
Date: 2009-02-10
Institutions: European Commission
Subjects: euro, exchange rate

10.2.2009

EN

Official Journal of the European Union

C 33/17

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

9 February 2009

(2009/C 33/03)

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

1,3008

AUD Australian dollar

119,21

7,452

0,871

10,4375

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9257

1,5969

10,0858

2,4248

1,9436

1,506

KRW South Korean won

1 798,23

8,662

1,9558

27,799

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

287,9

3,4528

0,703

4,4835

4,2444

2,0976

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,4715

8,8894

7,4361

15 303,91

4,6731

61,14

46,7135

45,548

2,917

18,3674

63,219

(1) Source: reference exchange rate published by the ECB.
2009/119/EC: Council Decision of 10 February 2009 appointing a German member and a German alternate member of the Committee of the Regions
Date: 2009-02-10
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members

L 41/16

EN

Official Journal of the European Union

12.2.2009

COUNCIL DECISION

of 10 February 2009

appointing a German member and a German alternate member of the Committee of the Regions

(2009/119/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Article 1

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

establishing the European

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

Having regard to the proposal of the German Government,

— Ms Emilia MÜLLER, Staatsministerin für Bundes- und
Europaangelegenheiten in der Bayerischen Staatskanzlei;

(a) as member:

Whereas:

(1)

(2)

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

the Committee of

the Regions for

and

(b) as alternate member:

— Mr Horst SEEHOFER, Bayerischer Ministerpräsident.

Article 2

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

Done at Brussels, 10 February 2009.

A member’s seat on the Committee of the Regions has
become vacant following the expiry of the mandate of
Mr Markus SÖDER. An alternate member’s seat on the
Committee of the Regions has become vacant following
the expiry of the mandate of Mr Günther BECKSTEIN,

For the Council
The President

M. KALOUSEK

(1) OJ L 56, 25.2.2006, p. 75.
Case C-260/09 P: Judgment of the Court (First Chamber) of 10 February 2011 — Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) v European Commission (Appeal — Article 81 EC and Article 53 of the EEA Agreement — Market for Nintendo video games consoles and games cartridges — Limitation of parallel exports in that market — Agreement between a manufacturer and an exclusive distributor — Distribution agreement allowing passive sales — Proof of a concurrence of wills in the absence of direct documentary evidence that passive sales were to be restricted — Standard of proof necessary to establish the existence of a vertical agreement)
Date: 2009-02-10
Institutions: Court of Justice
Subjects: European Commission, appeal, automatic game, export restriction, software








C_2011103EN.01000402.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/4





Judgment of the Court (First Chamber) of 10 February 2011 — Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) v European Commission
(Case C-260/09 P) (1)

(Appeal - Article 81 EC and Article 53 of the EEA Agreement - Market for Nintendo video games consoles and games cartridges - Limitation of parallel exports in that market - Agreement between a manufacturer and an exclusive distributor - Distribution agreement allowing passive sales - Proof of a concurrence of wills in the absence of direct documentary evidence that passive sales were to be restricted - Standard of proof necessary to establish the existence of a vertical agreement)
2011/C 103/05
Language of the case: English

Parties


Appellant: Activision Blizzard Germany GmbH (formerly CD-Contact Data GmbH) (represented by: J.K. de Pree and E.N.M. Raedts, advocaten)

Other party to the proceedings: European Commission (represented by: S. Noë and F. Ronkes Agerbeek, acting as Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 30 April 2009 in Case T-18/03 CD-Contact Data GmbH v Commission of the European Communities by which the Court reduced the fine imposed on the appellant and dismissed as to the remainder an action for annulment of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) concerning a complex of agreements and concerted practices in the markets for Nintendo consoles and video games cartridges compatible with Nintendo consoles designed to restrict parallel exports of those consoles and cartridges

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Activision Blizzard Germany GmbH to pay the costs.






(1)  OJ C 220, 12.9.2009.
Commission Regulation (EC) No 122/2009 of 10 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-02-10
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

11.2.2009

EN

Official Journal of the European Union

L 40/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 122/2009

of 10 February 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 11 February 2009.

Article 2

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

Done at Brussels, 10 February 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 40/2

EN

Official Journal of the European Union

11.2.2009

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

0709 90 80

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
ZZ

EG
IL
MA
TN
TR
ZA
ZZ

IL
MA
TR
ZZ

CN
IL
JM
MA
PK
TR
ZZ

EG
MA
TR
ZZ

AR
CA
CL
CN
MK
US
ZZ

AR
CL
CN
US
ZA
ZZ

195,3
68,6
43,0
134,4
98,0
107,9

170,1
134,2
169,4
157,9

113,5
148,2
130,9

103,6
103,6

50,9
53,0
64,2
47,6
63,1
44,9
54,0

162,7
100,1
52,0
104,9

72,2
86,9
101,6
153,9
50,9
65,7
88,5

64,1
67,1
56,7
62,6

91,9
90,4
67,8
89,1
32,6
112,1
80,7

95,8
57,1
59,1
125,0
113,1
90,0

(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’.
2009/122/EC: Council Decision of 10 February 2009 appointing a United Kingdom member of the Committee of the Regions
Date: 2009-02-10
Institutions: Council of the European Union
Subjects: European Committee of the Regions, United Kingdom, appointment of members

L 42/16

EN

Official Journal of the European Union

13.2.2009

COUNCIL DECISION

of 10 February 2009

appointing a United Kingdom member of the Committee of the Regions

(2009/122/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

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

establishing the European

Having regard to the proposal of the Government of the United
Kingdom,

Whereas:

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

the Committee of

the Regions for

Article 1

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

— Mr Robert BRIGHT, Councillor, Newport City.

Article 2

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

Done at Brussels, 10 February 2009.

A member’s seat on the Committee of the Regions has
become vacant following the expiry of the mandate of
Mr W.J. WILLIAMS,

For the Council
The President

M. KALOUSEK

(1)

(2)

(1) OJ L 56, 25.2.2006, p. 75.
Case T-126/08: Order of the Court of First Instance of 10 February 2009 — Okalux v OHIM — Ondex (ONDACELL) (Community trade mark — Opposition proceedings — Failure to pay the opposition fee — Decision deeming the opposition non-existent — Action manifestly devoid of any legal basis)
Date: 2009-02-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), trade-mark law

C 82/24

EN

Official Journal of the European Union

4.4.2009

3. Orders the applicants at first instance and the Commission to bear

their own costs.

Order of the Court of First Instance of 10 February 2009
— Okalux v OHIM — Ondex (ONDACELL)

(1) OJ C 283, 24.11.2007.

(Case T-126/08) (1)

(Community trade mark — Opposition proceedings — Failure
to pay the opposition fee — Decision deeming the opposition
non-existent — Action manifestly devoid of any legal basis)

Order of the Court of First Instance of 13 February 2009
— Vitro Corporativo v OHIM — Vallon (√)

(Case T-229/07) (1)

(Community trade mark — Opposition — Withdrawal of the
opposition — No need to adjudicate)

Parties

(2009/C 82/43)

Language of the case: German

(2009/C 82/42)

Language of the case: Spanish

Parties

Applicant: Vitro Corporativo, SA de C.V. (Nuevo Leon, Mexico)
(represented by: J. Botella Reyna, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: P. López Fernández
de Corres, acting as Agent)

Applicant: Okalux GmbH (Marktheidenfeld, Germany)
sented by: M. Beckensträter, lawyer)

(repre-

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Ondex SAS
intervening before
(Chevigny-Saint-Sauveur, France)

the Court

of First

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Vallon GmbH (Horb,
Germany)

Re:

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 7 November 2006 (Case R 1363/2005-1)
concerning opposition proceedings between Vitro Corporativo,
SA de C.V. and Vallon GmbH.

Operative part of the order

1. There is no longer any need to adjudicate in the action.

2. The applicant is ordered to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 22 January 2008 (Case R 1384/2007-4)
regarding opposition proceedings between Okalux GmbH and
Ondex SAS.

Operative part of the order

1. The action is dismissed.

2. Okalux GmbH is ordered to pay the costs.

(1) OJ C 199, 25.8.2007.

(1) OJ C 116, 9.5.2008.
Case T-388/03: Judgment of the Court of First Instance of 10 February 2009 — Deutsche Post and DHL International v Commission (State aid — Decision not to raise objections — Action for annulment — Standing to bring proceedings — Admissibility — Serious difficulties)
Date: 2009-02-10
Institutions: Court of First Instance
Subjects: Belgium, European Commission, State aid, action for annulment (EU), corporation tax, postal service, tax exemption

C 69/34

EN

Official Journal of the European Union

21.3.2009

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 10 February 2009
— Deutsche Post and DHL International v Commission

Judgment of the Court of First Instance of 28 January 2009
— Centro Studi Manieri v Council

(Case T-388/03) (1)

(Case T-125/06) (1)

(State aid — Decision not to raise objections — Action for
annulment — Standing to bring proceedings — Admissibility
— Serious difficulties)

(Public service contracts — Tendering procedure for full crèche
management — Decision to have recourse to the services of
the Office for Infrastructure and Logistics (OIB) and to
abandon a tendering procedure)

(2009/C 69/79)

Language of the case: German

Parties

Applicant: Deutsche Post AG (Bonn, Germany) and DHL Interna-
tional
J. Sedemund and
T. Lübbig, lawyers)

(Diegem, Belgium)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and M. Niejahr, Agents)

(2009/C 69/80)

Language of the case: Italian

Parties

Applicant: Centro Studi Antonio Manieri Srl (Rome, Italy) (repre-
sented by: C. Forte, M. Forte and G. Forte, lawyers)

Defendant: Council of
A. Vitro, P. Mahnič and M. Balta, acting as Agents)

the European Union (represented by:

Re:

Re:

Annulment of Commission Decision C(2003) 2508 final of
23 July 2003 raising no objections, following the preliminary
examination procedure provided for in Article 88(3) EC, to
various measures adopted by the Belgian authorities in favour of
La Poste SA, the Belgian public postal undertaking.

Operative part of the judgment

The Court:

Application, first, for annulment of the decision of the Council,
made public by letter of its General Secretariat of 16 January
2006, abandoning the tendering procedure 2003/S 209-187862
for the full management of a crèche; second, for annulment of
the decision to accept the proposal of the Office for Infrastruc-
ture and Logistics (OIB) for the management of those services;
and, third, for damages.

1. Annuls Commission Decision C(2003) 2508 final of 23 July
2003 raising no objections, following the preliminary examination
procedure provided for in Article 88(3) EC, to various measures
adopted by the Belgian authorities in favour of La Poste SA, the
Belgian public postal undertaking;

The Court:

1. Dismisses the action;

Operative part of the judgment

2. Orders the Commission to bear its own costs and to pay those

incurred by Deutsche Post AG and DHL International.

2. Orders Centro Studi Antonio Manieri Srl to pay its own costs as

well as the costs incurred by the Council.

(1) OJ C 35, 7.2.2004.

(1) OJ C 131, 3.6.2006.