do-me/EUR-LEX huggingface dataset:
Case C-494/06 P: Judgment of the Court (First Chamber) of 30 April 2009 — Commission of the European Communities v Italian Republic, Wam Spa (Appeal — State aid — Loans at reduced rates to enable a firm to establish itself in certain third countries — Effect on trade between Member States — Distortion of competition — Trade with non-member States — Commission decision — Unlawful State aid — Obligation to state the reasons on which the decision is based)
Date: 2009-04-30
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), Italy, State aid, appeal, competition law, control of State aid, industrial equipment, interest rate subsidy








C_2009153EN.01000401.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/4





Judgment of the Court (First Chamber) of 30 April 2009 — Commission of the European Communities v Italian Republic, Wam Spa
(Case C-494/06 P) (1)

(Appeal - State aid - Loans at reduced rates to enable a firm to establish itself in certain third countries - Effect on trade between Member States - Distortion of competition - Trade with non-member States - Commission decision - Unlawful State aid - Obligation to state the reasons on which the decision is based)
2009/C 153/06
Language of the case: Italian

Parties


Appellant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Other party to the proceedings: Italian Republic (represented by: I.M. Braguglia, Agent, and P. Gentili, avvocato dello Stato), Wam SpA (represented by E. Giliani, avvocato)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 6 September 2006 Italian Republic and Wam v Commission (Joined Cases T-304/04 and T 316/04) whereby the Court annulled Commission Decision 2006/177/EC of 19 May 2004 on State aid No C 4/2003 (ex NN 102/2002) implemented by Italy for Wam SpA (OJ 2006 L 63, p. 11)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Commission of the European Communities to pay the costs at both instances.






(1)  OJ C 20, 27.1.2007.
Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2009-04-30
Institutions: European Commission
Subjects: Netherlands, exploitation of resources, gas industry, hydrocarbon, oil industry, petroleum exploration








C_2009099EN.01001401.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/14





Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
2009/C 99/12
The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block F12 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).
With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block F12 of the Dutch continental shelf.
The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:





The Minister for Economic Affairs




For the attention of:




J.C. De Groot




Director for the Energy Market




ALP/562




Postbus 20101




2500 EJ Den Haag




NEDERLAND




Applications received after this period will not be considered.
A decision on the applications will be taken not later than 12 months after this period has expired.
Further information can be obtained by telephoning Mr P.C. de Regt: +31 703797382.
Re-notification of a previously notified concentration — (Case COMP/M.5454 — DSV/Vesterhavet/DFDS) Text with EEA relevance
Date: 2009-04-30
Institutions: European Commission
Subjects: economic concentration, exchange of information, freight rate, maritime transport, merger control, software








C_2009099EN.01001201.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/12





Re-notification of a previously notified concentration
(Case COMP/M.5454 — DSV/Vesterhavet/DFDS)
(Text with EEA relevance)
2009/C 99/10






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.


This notification has been declared incomplete on 20/02/2009. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of Council Regulation (EC) No 139/2004 on 20 April 2009.










3.


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 22964301 or 32 22967244) 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




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Case T-281/06: Judgment of the Court of First Instance of 30 April 2009 — Spain v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Compensatory aid for banana producers — Irregularities in quality controls — Type of financial correction applied — Proportionality)
Date: 2009-04-30
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Spain, action for annulment (EU), marketing, tropical fruit








C_2009141EN.01003802.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/38





Judgment of the Court of First Instance of 30 April 2009 — Spain v Commission
(Case T-281/06) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Compensatory aid for banana producers - Irregularities in quality controls - Type of financial correction applied - Proportionality)
2009/C 141/77
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, lawyer)

Defendant: Commission of the European Communities (represented by: F. Jimeno Fernández, Agent)

Re:

Partial annulment of Commission Decision 2006/554/EC of 27 July 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 218, p. 12) in so far as it provides for a financial correction applicable to expenses declared by the Kingdom of Spain pursuant to compensatory aid for banana producers for the financial years 2002 and 2003.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 294, 2.12.2006.
Action brought on 30 April 2009 by the EFTA Surveillance Authority against Iceland (Case E-5/09)
Date: 2009-04-30
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, EU law - national law, Iceland, reinsurance, supervisory body








C_2009150EN.01001201.xml










2.7.2009   


EN


Official Journal of the European Union


C 150/12





Action brought on 30 April 2009 by the EFTA Surveillance Authority against Iceland
(Case E-5/09)
2009/C 150/13
An action against Iceland was brought before the EFTA Court on 30 April 2009 by the EFTA Surveillance Authority, represented by Bjørnar Alterskjær and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, 35, Rue Belliard, 1040 Brussels, BELGIUM.
The EFTA Surveillance Authority requests the EFTA Court to declare that:






1.


By failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to, inter alia, at point 7b of Annex IX to the Agreement on the European Economic Area (Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 64(1) of that Act and under Article 7 EEA
and










2.


The Republic of Iceland bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


the present case concerns the non-implementation of a reinsurance directive,










—


the EFTA Surveillance Authority pleads that the Government of Iceland has not provided any indication that it has implemented the directive into Icelandic law,










—


the EFTA Surveillance Authority pleads that the Government of Iceland has not disputed that it has not implemented the directive.
Case T-18/03: Judgment of the Court of First Instance of 30 April 2009 — CD-Contact Data v Commission (Competition — Agreements, decisions and concerted practices — Market for Nintendo video games consoles and games cartridges — Decision finding an infringement of Article 81 EC — Limitation of parallel exports — Proof of the existence of an agreement to limit parallel trade — Fines — Differential treatment — Attenuating circumstances)
Date: 2009-04-30
Institutions: Court of First Instance
Subjects: European Commissioner, action for annulment (EU), automatic game, export restriction, software








C_2009141EN.01003801.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/38





Judgment of the Court of First Instance of 30 April 2009 — CD-Contact Data v Commission
(Case T-18/03) (1)

(Competition - Agreements, decisions and concerted practices - Market for Nintendo video games consoles and games cartridges - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Proof of the existence of an agreement to limit parallel trade - Fines - Differential treatment - Attenuating circumstances)
2009/C 141/76
Language of the case: English

Parties


Applicant: CD-Contact Data GmbH (Burglengenfeld, Germany) (represented by: J. de Pree and R. Wesseling, lawyers)

Defendant: Commission of the European Communities (represented by: P. Oliver, X. Lewis and O. Beynet, Agents)

Re:

APPLICATION for the annulment of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33).

Operative part of the judgment

The Court:






1.


Sets the amount of the fine imposed on CD-Contact Data GmbH at EUR 500 000;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 70, 22.3.2003.
Euro exchange rates
Date: 2009-04-30
Institutions: European Commission
Subjects: euro, exchange rate








C_2009099EN.01000201.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/2





Euro exchange rates (1)

29 April 2009
2009/C 99/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3266




JPY


Japanese yen


128,53




DKK


Danish krone


7,4483




GBP


Pound sterling


0,89875




SEK


Swedish krona


10,7597




CHF


Swiss franc


1,5064




ISK


Iceland króna


 




NOK


Norwegian krone


8,7320




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,690




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


289,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


4,4140




RON


Romanian leu


4,1883




TRY


Turkish lira


2,1182




AUD


Australian dollar


1,8434




CAD


Canadian dollar


1,5942




HKD


Hong Kong dollar


10,2816




NZD


New Zealand dollar


2,3233




SGD


Singapore dollar


1,9708




KRW


South Korean won


1 771,85




ZAR


South African rand


11,3115




CNY


Chinese yuan renminbi


9,0547




HRK


Croatian kuna


7,4225




IDR


Indonesian rupiah


14 333,91




MYR


Malaysian ringgit


4,7592




PHP


Philippine peso


64,713




RUB


Russian rouble


43,9300




THB


Thai baht


46,915




BRL


Brazilian real


2,8973




MXN


Mexican peso


18,1459




INR


Indian rupee


66,3760






(1)  Source: reference exchange rate published by the ECB.
Case C-27/08: Judgment of the Court (Fifth Chamber) of 30 April 2009 (reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) — BIOS Naturprodukte GmbH v Saarland (Directive 2001/83/EC — Article 1(2)(b) — Concept of medicinal product by function — Dosage of the product — Normal conditions of use — Risk to health — Ability to restore, correct or modify physiological functions in human beings)
Date: 2009-04-30
Institutions: Court of Justice
Subjects: food supplement, health policy, human nutrition, interpretation of the law, medicinal product, public health








C_2009153EN.01001002.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/10





Judgment of the Court (Fifth Chamber) of 30 April 2009 (reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) — BIOS Naturprodukte GmbH v Saarland
(Case C-27/08) (1)

(Directive 2001/83/EC - Article 1(2)(b) - Concept of ‘medicinal product by function’ - Dosage of the product - Normal conditions of use - Risk to health - Ability to restore, correct or modify physiological functions in human beings)
2009/C 153/20
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: BIOS Naturprodukte GmbH

Defendant: Saarland

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of Article 1(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67), as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 34) — Definition of medicinal product — Product containing a substance having a therapeutic effect in high doses, while capable of being harmful in lower doses, like the dose recommended by the manufacturer — Boswellia extract

Operative part of the judgment

Article 1(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, must be interpreted as meaning that a product which includes in its composition a substance which has a physiological effect when used in a particular dosage is not a medicinal product by function where, having regard to its content in active substances and under normal conditions of use, it constitutes a risk to health without, however, being capable of restoring, correcting or modifying physiological functions in human beings.


(1)  OJ C 92, 12.4.2008.
Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2009-04-30
Institutions: European Commission
Subjects: Netherlands, exploitation of resources, gas industry, hydrocarbon, oil industry, petroleum exploration








C_2009099EN.01001301.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/13





Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
2009/C 99/11
The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to extract hydrocarbons in an area in the province of Friesland, where the line between 3 and 4 coincides with the western boundary of the Gorredijk extraction authorisation.
The coordinates of the area in question are as follows:







 


X


Y




Point 1


174 450,00


559 650,00




Point 2


179 900,00


560 750,00




Point 3


183 450,00


561 231,79




Point 4


172 746,50


545 447,70




Point 5


167 525,00


550 570,00




The coordinates are expressed in accordance with the national triangulation system (Rijksdriehoeksmeting).
The area in respect of which the application is made has a surface area of 104,6 km2.
With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to extract hydrocarbons in the area in question.
The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:





The Minister for Economic Affairs




For the attention of:




J.C. De Groot




Director for the Energy Market




ALP/562




Postbus 20101




2500 EC The Hague




NEDERLAND




Applications received after this period will not be considered.
A decision on the applications will be taken not later than 12 months after this period has expired.
Further information can be obtained from the following telephone number: +31 703797382 (contact person: P.C. de Regt).
Case C-256/08: Judgment of the Court (Eighth Chamber) of 30 April 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2004/83/EC — Minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who need international protection — Failure to transpose the directive within the prescribed period)
Date: 2009-04-30
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, aid to refugees, approximation of laws, foreign national, national implementing measure, right of asylum, stateless person








C_2009153EN.01001402.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/14





Judgment of the Court (Eighth Chamber) of 30 April 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-256/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/83/EC - Minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who need international protection - Failure to transpose the directive within the prescribed period)
2009/C 153/27
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: C. O’Reilly and M. Condou-Durande, acting as Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.






(1)  OJ C 197, 2.8.2008.