do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5232 — WPP/TNS) Text with EEA relevance
Date: 2009-04-07
Institutions: European Commission
Subjects: data processing, economic concentration, exchange of information, information analysis, market research, merger control, provision of services








C_2009083EN.01001802.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/18





Non-opposition to a notified concentration
(Case COMP/M.5232 — WPP/TNS)
(Text with EEA relevance)
2009/C 83/06
On 23 September 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 32008M5232. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Prior notification of a concentration (Case COMP/M.5473 — Fincantieri/ABB/JV) Text with EEA relevance
Date: 2009-04-07
Institutions: European Commission
Subjects: automation, economic concentration, energy technology, exchange of information, maritime transport, marketing, merger control, new technology, shipbuilding








C_2009083EN.01002901.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/29





Prior notification of a concentration
(Case COMP/M.5473 — Fincantieri/ABB/JV)
(Text with EEA relevance)
2009/C 83/12






1.


On 31 March 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 Fincantieri — Cantieri Navali Italiani S.p.A. (‘Fincantieri’, Italy) and ABB S.p.A. (‘ABB’, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture ('JV') by way of transfer of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for Fincantieri: shipbuilding,










—


for ABB: provision of power and automation technologies,










—


for JV: development, manufacture and sale of marine automation systems.














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.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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.5473 — Fincantieri/ABB/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.
Euro exchange rates
Date: 2009-04-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2009083EN.01002501.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/25





Euro exchange rates (1)

6 April 2009
2009/C 83/09

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3496




JPY


Japanese yen


136,02




DKK


Danish krone


7,4485




GBP


Pound sterling


0,90520




SEK


Swedish krona


10,7400




CHF


Swiss franc


1,5247




ISK


Iceland króna


 




NOK


Norwegian krone


8,7850




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,558




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


294,30




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


4,4373




RON


Romanian leu


4,1538




TRY


Turkish lira


2,1230




AUD


Australian dollar


1,8954




CAD


Canadian dollar


1,6656




HKD


Hong Kong dollar


10,4611




NZD


New Zealand dollar


2,2923




SGD


Singapore dollar


2,0316




KRW


South Korean won


1 767,00




ZAR


South African rand


12,1319




CNY


Chinese yuan renminbi


9,2242




HRK


Croatian kuna


7,4364




IDR


Indonesian rupiah


15 284,22




MYR


Malaysian ringgit


4,7999




PHP


Philippine peso


64,460




RUB


Russian rouble


44,7815




THB


Thai baht


47,607




BRL


Brazilian real


2,9853




MXN


Mexican peso


18,2000




INR


Indian rupee


67,4800






(1)  Source: reference exchange rate published by the ECB.
Case F-40/09: Action brought on 7 April 2009 — Časta v Commission
Date: 2009-04-07
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), candidate, competition (EU), examination, fine, professional experience








C_2009153EN.01005102.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/51





Action brought on 7 April 2009 — Časta v Commission
(Case F-40/09)
2009/C 153/99
Language of the case: Czech

Parties


Applicant: Radek Časta (Brussels, Belgium) (represented by: L. Tahotná, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

First, an application for annulment of EPSO’s decision not to admit the applicant to the oral tests in open competition EPSO/AD/107/07-LAW on account of the fact that the condition relating to 3 years’ experience in a senior management post was not met. Secondly, an application for an order that the defendant pay the applicant a sum in respect of the material and non-material harm suffered.

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the appointing authority’s decision No R/45715/08 of 22 December 2008;










—


Order the defendant to pay the applicant EUR 20 000, in respect of the material and non-material harm suffered, plus interest for late payment from 9 June 2008 until 15 days after the judgment has acquired the binding authority of a judgment which has become definitive;










—


Order the Commission of the European Communities to pay the costs.
Case F-41/09: Action brought on 7 April 2009 — Roumimper v Europol
Date: 2009-04-07
Institutions: Civil Service Tribunal
Subjects: Europol, action for annulment (EU), fine, operation of the Institutions








C_2009180EN.01006301.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/63





Action brought on 7 April 2009 — Roumimper v Europol
(Case F-41/09)
2009/C 180/115
Language of the case: Dutch

Parties


Applicant: Jaques Pierre Roumimper (Zoetermeer, Netherlands) (represented by: P. de Casparis and D. Dane, lawyers.)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of the decision of 12 June 2008 informing the applicant that it was not possible to offer him a permanent post, and also the decision of 7 January 2009 rejecting the complaint brought against the former decision.

Form of order sought







—


Annul the decision of 12 June 2008 whereby the defendant informed the applicant that it could not offer him permanent employment and also the decision made on his complaint on 7 January 2009 that the grounds of complaint brought by the applicant against the decision of 12 June 2008 were unfounded;










—


Order Europol to pay the costs.
Prior notification of a concentration (Case COMP/M.5499 — IPIC/NOVA) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-04-07
Institutions: European Commission
Subjects: chemical product, distributive trades, economic concentration, energy distribution, exchange of information, investment company, merger control, oil refining, provision of services








C_2009083EN.01003001.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/30





Prior notification of a concentration
(Case COMP/M.5499 — IPIC/NOVA)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 83/13






1.


On 31 March 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 International Petroleum Investment Company (‘IPIC’, United Arab Emirates) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking NOVA Chemicals Corporation (‘NOVA’, Canada) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for IPIC: investment company concentrating on petroleum refining and related upstream and downstream distribution and service networks,










—


for NOVA: ethylene, polyethylene and chemical and energy co-products, styrene-based polymers.














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.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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.5499 — IPIC/NOVA, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




B-1049 Bruxelles/Brussels










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Non-opposition to a notified concentration (Case COMP/M.5289 — Agusta/CAE/Rotorsim) Text with EEA relevance
Date: 2009-04-07
Institutions: European Commission
Subjects: aerospace industry, economic concentration, exchange of information, helicopter, merger control, provision of services, simulation, technology, theft, vocational training








C_2009083EN.01001701.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/17





Non-opposition to a notified concentration
(Case COMP/M.5289 — Agusta/CAE/Rotorsim)
(Text with EEA relevance)
2009/C 83/03
On 27 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 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 32009M5289. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Prior notification of a concentration (Case COMP/M.5483 — Toshiba/Fujitsu HDD Business) Text with EEA relevance
Date: 2009-04-07
Institutions: European Commission
Subjects: Japan, computer systems, economic concentration, electrical equipment, electronics, exchange of information, innovation, marketing, merger control








C_2009083EN.01003201.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/32





Prior notification of a concentration
(Case COMP/M.5483 — Toshiba/Fujitsu HDD Business)
(Text with EEA relevance)
2009/C 83/15






1.


On 31 March 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 Toshiba Corporation (‘Toshiba’, Japan) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of Fujitsu Limited's HDD Business (‘Fujitsu's HDD Business’, Japan) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for Toshiba: manufacturing of a diverse range of advanced electronic and electrical products,










—


for Fujitsu's HDD Business: manufacturing and marketing of hard disk drives (HDDs).














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.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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.5483 — Toshiba/Fujitsu HDD Business, 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-519/09: Order of the Court (Fifth Chamber) of 7 April 2011 (reference for a preliminary ruling from the Arbeitsgericht Wuppertal — Germany) — Dieter May v AOK Rheinland/Hamburg — Die Gesundheitskasse (Article 104(3), first subparagraph, of the Rules of Procedure — Social policy — Organisation of working time — Directive 2003/88/EC — Scope ratione personae — Annual leave coinciding with sick leave — Compensation payment in respect of sickness — Concept of worker — Employees subject to the regulations concerning annual leave of public servants ( ‘Dienstordnungsangestellte’ ))
Date: 2009-04-07
Institutions: Court of Justice
Subjects: Germany, arrangement of working time, civil servant, interpretation of the law, national law, paid leave








C_2011211EN.01000603.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/6





Order of the Court (Fifth Chamber) of 7 April 2011 (reference for a preliminary ruling from the Arbeitsgericht Wuppertal — Germany) — Dieter May v AOK Rheinland/Hamburg — Die Gesundheitskasse
(Case C-519/09) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Social policy - Organisation of working time - Directive 2003/88/EC - Scope ratione personae - Annual leave coinciding with sick leave - Compensation payment in respect of sickness - Concept of worker - Employees subject to the regulations concerning annual leave of public servants (‘Dienstordnungsangestellte’))
2011/C 211/10
Language of the case: German

Referring court

Arbeitsgericht Wuppertal (Germany)

Parties to the main proceedings


Applicant: Dieter May

Defendant: AOK Rheinland/Hamburg — Die Gesundheitskasse

Re:

Reference for a preliminary ruling — Arbeitsgericht Wuppertal — Interpretation of Articles 1(3) and 7(1) and (2) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9) — Entitlement to a compensatory payment for annual leave that has not been taken in full because of illness — Scope ratione personae of Directive 2003/88/EC — Employees of social security institutions performing tasks comparable to those of the public service and who are subject to the working-time rules of public servants (‘Dienstordnungsangestellte’).

Operative part of the order

Article 7(1) and (2) of Directive 2003/88 of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, must be interpreted as meaning that the concept of ‘worker’ includes an employee of a public-law body in the social security sector subject to, in particular as regards their entitlement to paid annual leave, rules applicable to public servants.


(1)  OJ C 80, 27.3.2010.
Decision taken by Serbia to implement unilaterally the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Serbia
Date: 2009-04-07
Institutions: European Commission
Subjects: Serbia, customs duties, import, marketing, originating product








C_2009083EN.01002801.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/28





Decision taken by Serbia to implement unilaterally the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Serbia
2009/C 83/11
Community traders are hereby informed of the trade regime in place with the Republic of Serbia.
As of 30 January 2009 the Serbian authorities have decided to implement unilaterally the trade concessions in the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Serbia signed on 29 April 2008 but provisionally not implemented by the European Community. In case of exports of Community originating goods to Serbia, these goods may benefit from liberalised tariffs, on submission of either a movement certificate EUR.1 or an invoice declaration proving the Community origin of the goods concerned. The conditions of the unilateral implementation of the Interim Agreement in Serbia are specified in the Law of 21 January 2009 amending the Customs Tariff Law (1).
Exporters are informed that, by virtue of Decree of 5 February 2009 amending Decree on customs approved treatment of customs goods, release of customs goods and collection of customs debt (2), this preferential treatment is granted on the basis of the rules of origin identical to the ones provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3). Exporters are nevertheless advised to consult relevant customs laws of Serbia.
In case of imports of Serbian originating goods in the Community, goods remain subject to the provisions of the European Community autonomous trade regime provided for by Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) No 1763/1999 and (EC) No 6/2000 (4). This Regulation is implemented on the basis of the rules of origin laid down in Part I, Title IV, Chapter 2, Section 2 of abovementioned Commission Regulation (EEC) No 2454/93 (namely Articles 98 to 123), including provisions on the issue of proofs of origin for Community goods where these goods are exported to beneficiary countries such as Serbia (Articles 110(5) and 116).


(1)  Official Journal of the Republic of Serbia, No 5/09, 22.1.2009.

(2)  Official Journal of the Republic of Serbia, No 9/09, 6.2.2009.

(3)  OJ L 253, 11.10.1993, p. 1.

(4)  OJ L 240, 23.9.2000, p. 1.
Case T-138/09: Action brought on 7 April 2009 — Muñoz Arraiza v OHIM — Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA)
Date: 2009-04-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, trade-mark law








C_2009153EN.01004002.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/40





Action brought on 7 April 2009 — Muñoz Arraiza v OHIM — Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA)
(Case T-138/09)
2009/C 153/79
Language in which the application was lodged: Spanish

Parties


Applicant: Félix Muñoz Arraiza (Logroño, Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Consejo Regulador de la Denominación de Origen Calificada Rioja (Logroño, Spain)

Form of order sought







—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 29 January 2009 in Case R 721/2008-2, allowing the application for registration of “RIOJAVINA” (word mark) as a Community trade mark in classes 29, 30 and 35;










—


make an express order as to costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Félix Muñoz Arraiza

Community trade mark concerned: Word mark “RIOJAVINA” (Application No 4 121 621) for goods and services in classes 29, 30 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Consejo Regulador de la Denominación de Origen Calificada Rioja

Mark or sign cited in opposition: Various registered marks, including in particular the Community figurative mark “RIOJA” (No 226 118) for goods in class 33 and the International figurative mark “RIOJA” (No 655 291) for goods in class 33.

Decision of the Opposition Division: Partial acceptance of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Non-opposition to a notified concentration (Case COMP/M.4998 — EDF/EnBW/ERSA) Text with EEA relevance
Date: 2009-04-07
Institutions: European Commission
Subjects: Poland, economic concentration, electrical energy, electrical industry, electricity supply, energy production, energy transport, exchange of information, merger control








C_2009083EN.01001801.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/18





Non-opposition to a notified concentration
(Case COMP/M.4998 — EDF/EnBW/ERSA)
(Text with EEA relevance)
2009/C 83/05
On 11 March 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 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 32009M4998. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).