do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration — (Case COMP/M.5507 — Q-Cells/Good Energies/Norsun/Sunfilm) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-05-06
Institutions: European Commission
Subjects: economic concentration, energy distribution, exchange of information, merger control, solar energy, wind energy








C_2009104EN.01000901.xml










6.5.2009   


EN


Official Journal of the European Union


C 104/9





Prior notification of a concentration
(Case COMP/M.5507 — Q-Cells/Good Energies/Norsun/Sunfilm)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 104/05






1.


On 27 April 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 Q-Cells SE (‘Q-Cells’, Germany), Good Energies Investments 2 B.V. (‘Good Energies’, Netherlands, controlled by COFRA Holding AG, ‘COFRA’, Switzerland) and NorSun AS (‘NorSun’, Norway) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Sunfilm AG (‘Sunfilm’, Germany) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


Q-Cells: Manufacture and sale of solar cells, solar modules and complete solar energy systems,










—


Good Energies: Investments in renewable energies companies, in particular in the photovoltaic and wind sectors,










—


NorSun: Manufacture and sale of mono-crystalline silicon wafers, which are used for the production of solar cells and solar modules,










—


Sunfilm: Manufacture and sale of solar modules based on tandem junction thin film silicon technology on glass.














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 2964301 or 2967244) or by post, under reference number COMP/M.5507 — Q-Cells/Good Energies/Norsun/Sunfilm, 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.

(2)  OJ C 56, 5.3.2005, p. 32.
Case T-116/04: Judgment of the Court of First Instance of 6 May 2009 — Wieland-Werke v Commission (Competition — Agreements, decisions and concerted practices — Market for copper industrial tubes — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Principle that penalties must have a sound legal basis — Size of the market concerned — Deterrent effect — Duration of the infringement — Cooperation)
Date: 2009-05-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, market-sharing agreement, price agreement, restrictive trade practice, tube








C_2009153EN.01003201.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/32





Judgment of the Court of First Instance of 6 May 2009 — Wieland-Werke v Commission
(Case T-116/04) (1)

(Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Principle that penalties must have a sound legal basis - Size of the market concerned - Deterrent effect - Duration of the infringement - Cooperation)
2009/C 153/60
Language of the case: German

Parties


Applicant: Wieland-Werke AG (Ulm, Germany) (represented by: R. Bechtold and U. Soltész, Lawyers)

Defendant: Commission of the European Communities (represented initially by: É. Gippini Fournier and H. Gading, and subsequently É. Gippini Fournier, O. Weber and K. Mojzesowicz, Lawyers)

Re:

Annulment or reduction of the fine imposed on the applicant under Article 2(a) of Commission Decision C(2003) 4820 final of 16 December 2003 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Wieland-Werke AG to pay the costs.






(1)  OJ C 118, 30.4.2004.
European Globalisation Adjustment Fund ***I European Parliament legislative resolution of 6 May 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (COM(2008)0867 – C6-0518/2008 – 2008/0267(COD))#P6_TC1-COD(2008)0267 Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund
Date: 2009-05-06
Institutions: Committee on Economic and Monetary Affairs, Committee on Regional Development, European Parliament
Subjects: dismissal, economic integration, fund (EU), globalisation, reintegration into working life, social economy








CE2010212EN.01032001.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/320





Wednesday 6 May 2009European Globalisation Adjustment Fund ***I
P6_TA(2009)0365
European Parliament legislative resolution of 6 May 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (COM(2008)0867 – C6-0518/2008 – 2008/0267(COD))
2010/C 212 E/45
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0867),
having regard to Article 251(2) and Article 159, third paragraph of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0518/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Regional Development (A6-0242/2009),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and the Commission.






Wednesday 6 May 2009P6_TC1-COD(2008)0267
Position of the European Parliament adopted at first reading on 6 May 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 546/2009.)
CFP: repeal of 14 obsolete Regulations * European Parliament legislative resolution of 6 May 2009 on the proposal for a Council regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy (COM(2009)0089 – C6-0095/2009 – 2009/0024(CNS))
Date: 2009-05-06
Institutions: Committee on Fisheries, European Parliament
Subjects: Community acquis, EU act, common fisheries policy, consolidation of EU law, drafting of EU law








CE2010212EN.01024902.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/249





Wednesday 6 May 2009CFP: repeal of 14 obsolete Regulations *
P6_TA(2009)0351
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy (COM(2009)0089 – C6-0095/2009 – 2009/0024(CNS))
2010/C 212 E/36
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2009)0089),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0095/2009),
having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,
having regard to the report of the Committee on Fisheries (A6-0202/2009),






1.


Approves the Commission proposal;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










4.


Instructs its President to forward its position to the Council and the Commission.
Case T-122/04: Judgment of the Court of First Instance of 6 May 2009 — Outokumpu and Luvata v Commission (Competition — Agreements, decisions and concerted practices — Market for copper industrial tubes — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Size of the market concerned — Aggravating circumstances — Repeat infringement)
Date: 2009-05-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, flat product, inter-company cooperation, iron and steel industry, restriction on competition, steel, tube








C_2009153EN.01003202.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/32





Judgment of the Court of First Instance of 6 May 2009 — Outokumpu and Luvata v Commission
(Case T-122/04) (1)

(Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Size of the market concerned - Aggravating circumstances - Repeat infringement)
2009/C 153/61
Language of the case: English

Parties


Applicants: Outokumpu Oyj (Espoo, Finland); and Luvata Oy, formerly Outokumpu Copper Products Oy (Espoo) (represented by: J. Ratliff, Barrister, F. Distefano and J. Luostarinen, Lawyers)

Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, Agent)

Re:







(1)


Application for annulment or reduction of the fine imposed on the applicant by Article 2(b) of Commission Decision C(2003) 4820 final of 16 December 2003 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes); and (2) Counterclaim by the Commission that the amount of the fine should be increased.





Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Outokumpu Oyj and Luvata Oy to pay the costs.






(1)  OJ C 118, 30.4.2004.
Prior notification of a concentration — (Case COMP/M.5496 — Vattenfall/Nuon) Text with EEA relevance
Date: 2009-05-06
Institutions: European Commission
Subjects: Belgium, Germany, Netherlands, economic concentration, electricity supply, energy distribution, energy production, exchange of information, gas supply, merger control








C_2009104EN.01001001.xml










6.5.2009   


EN


Official Journal of the European Union


C 104/10





Prior notification of a concentration
(Case COMP/M.5496 — Vattenfall/Nuon)
(Text with EEA relevance)
2009/C 104/06






1.


On 28 April 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Vattenfall AB (‘Vattenfall’, Sweden) wholly owned by the Swedish State acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of N.V. Nuon Energy (former n.v. Nuon PBL Holding-‘Nuon Energy’, the Netherlands) currently controlled by local and regional authorities in the Netherlands by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Vattenfall: different activities along in the electricity t sector in several European countries. On a small scale it is also active in the gas sector,










—


for Nuon: different activities in the energy sector, comprising the production and supply of electricity, gas, heat and cooling mainly in the Netherlands but also in Belgium and to a small extent in Germany too.














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 2964301 or 2967244) or by post, under reference number COMP/M.5496 — Vattenfall/Nuon, 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 C-156/09: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 6 May 2009 — Finanzamt Leverkusen v Verigen Transplantation Service International AG
Date: 2009-05-06
Institutions: Court of Justice
Subjects: approximation of laws, genetics, interpretation of the law, medical device, tax system, turnover








C_2009180EN.01002502.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/25





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 6 May 2009 — Finanzamt Leverkusen v Verigen Transplantation Service International AG
(Case C-156/09)
2009/C 180/43
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Appellant: Finanzamt Leverkusen

Respondent: Verigen Transplantation Service International AG

Questions referred







1.


Is the first paragraph of Article 28bF of Sixth Council Directive 77/388/EEC of 17 May 1977 (1) on the harmonisation of the laws of the Member States relating to turnover taxes to be interpreted as meaning that:






(a)


cartilage material (‘biopsy material’) which is taken from a human being and entrusted to an undertaking for the purpose of cell multiplication and subsequent return as an implant for the patient concerned constitutes ‘movable tangible property’ for the purposes of this provision,










(b)


the removal of joint cartilage cells from the cartilage material and the subsequent cell multiplication constitute ‘work’ on movable tangible property for the purposes of this provision,










(c)


the service has been supplied to a customer ‘identified for valued added tax purposes’ simply if the value added tax identification number is stated in the invoice of the supplier of the service, without any express written agreement as to its use having been made?














2.


If any of the above questions is answered in the negative:
Is Article 13A(1)(c) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes to be interpreted as meaning that the removal of the joint cartilage cells from the cartilage material taken from a human being and the subsequent cell multiplication constitute the ‘provision of medical care’ where the cells obtained from the cell multiplication are reimplanted in the donor?






(1)  OJ 1977 L 145, p. 1.