do-me/EUR-LEX huggingface dataset:
Initiation of proceedings (Case COMP/M.5335 — Lufthansa/SN Holding (Brussels Airlines)) Text with EEA relevance
Date: 2009-02-14
Institutions: European Commission
Subjects: Belgium, Germany, air transport, competition policy, economic concentration, exchange of information, merger control

14.2.2009

EN

Official Journal of the European Union

C 37/5

Initiation of proceedings

(Case COMP/M.5335 — Lufthansa/SN Holding (Brussels Airlines))

(Text with EEA relevance)

(2009/C 37/02)

On 26 January 2009, the Commission decided to initiate proceedings in the above-mentioned case after
finding that the notified concentration raises serious doubts as to its compatibility with the common
market. The initiation of proceedings opens a second phase investigation with regard to the notified concen-
tration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of
Council Regulation (EC) No 139/2004.

The Commission invites interested third parties to submit their observations on the proposed concentration
to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not
later than 15 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 COMP/M.5335 — Lufthansa/SN Holding
(Brussels Airlines), to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels
Case C-69/09 P: Appeal brought on 14 February 2009 by Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl, Magan Italia Srl against the order of the Court of First Instance (Sixth Chamber) delivered on 26 November 2008 in Case T-393/06 Makhteshim-Agan Holding BV and Others v Commission
Date: 2009-02-14
Institutions: Court of Justice
Subjects: European Commission, appeal, marketing standard, plant health legislation, plant health product, testing

C 82/22

EN

Official Journal of the European Union

4.4.2009

Appeal brought on 14 February 2009 by Makhteshim-Agan
Holding BV, Makhteshim-Agan Italia Srl, Magan Italia Srl
against
Instance
(Sixth Chamber) delivered on 26 November 2008 in Case
T-393/06 Makhteshim-Agan Holding BV and Others v
Commission

the Court of

the order of

First

— alternatively, refer

the case back to the Court of First
Instance to rule on the Appellants' application for annul-
ment; and

— order the Commission to pay all the costs of these proceed-
ings (including the costs before the Court of First Instance).

(Case C-69/09 P)

(2009/C 82/39)

Language of the case: English

Pleas in law and main arguments

Parties

Appellants: Makhteshim-Agan Holding BV, Makhteshim-Agan
Italia Srl, Magan Italia Srl (represented by: K. Van Maldegem, C.
Mereu, advocaten)

Other party to the proceedings: Commission of
Communities

the European

Form of order sought

The appellants claim that the Court should, following an oral
hearing:

— set aside the Order of the Court of First Instance in Case
T-393/06 and declare the Appellants' application for annul-
ment admissible; and

The Appellants submit that the CFI erred in law in rejecting
their application for annulment of the decision of the European
Commission, expressed in a letter dated 12 October 2006, not
to include the active substance azinphos-methyl in Annex I to
Council Directive 91/414/EEC (1) of 15 July 1991 concerning
the placing of plant protection products on the market (the
‘Contested Decision’).

In particular, the Appellants contend that the Court of First
Instance erred in law in rejecting their application on grounds
of admissibility. It wrongly held that the Contested Decision was
not a challengeable act pursuant to Article 230 of the EC Treaty.

— annul the Contested Decision; or

(1) OJ L 230, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5443 — Otsuka Pharmaceutica/Nardobel) Text with EEA relevance
Date: 2009-02-14
Institutions: European Commission
Subjects: dietary product, economic concentration, exchange of information, foodstuff, industrial chemistry, merger control, pharmaceutical product

C 37/6

EN

Official Journal of the European Union

14.2.2009

Non-opposition to a notified concentration

(Case COMP/M.5443 — Otsuka Pharmaceutica/Nardobel)

(Text with EEA relevance)

(2009/C 37/03)

On 5 February 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 32009M5443. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Euro exchange rates
Date: 2009-02-14
Institutions: European Commission
Subjects: euro, exchange rate

14.2.2009

EN

Official Journal of the European Union

C 37/7

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

13 February 2009

(2009/C 37/04)

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

1,2823

AUD Australian dollar

117,59

7,4524

0,88415

10,7455

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9404

1,5833

9,9411

2,4325

1,9334

1,4931

KRW South Korean won

1 801,31

8,719

1,9558

28,56

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

298,22

3,4528

0,7071

4,643

4,3005

2,113

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,7845

8,7626

7,4355

15 195,26

4,6221

60,35

44,4395

44,977

2,9137

18,3946

62,095

(1) Source: reference exchange rate published by the ECB.