do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given in a written procedure initiated by letter of 22 August 2008 regarding a draft decision relating to Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG
Date: 2009-06-18
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Liechtenstein, advisory committee (EU), competition law, opinion (EU), restriction on competition, telecommunications industry








C_2009138EN.01000701.xml










18.6.2009   


EN


Official Journal of the European Union


C 138/7





Opinion of the Advisory Committee on restrictive practices and dominant positions given in a written procedure initiated by letter of 22 August 2008 regarding a draft decision relating to Case 61291 — Liechtensteinische Kraftwerke Anstalt and Telecom Liechtenstein AG
2009/C 138/08






1.


The members of the Advisory Committee share the concerns of EFTA Surveillance Authority (the ‘Authority’) expressed in the preliminary assessment with regard to the non-competition obligations.










2.


The members of the Advisory Committee share the concerns of the Authority expressed in the preliminary assessment with regard to the strategic alignment provision pursuant to which Liechtensteinische Kraftwerke Anstalt (‘LKW’) and Telecom Liechtenstein AG (‘Telecom Liechtenstein’) coordinated network infrastructure planning.










3.


The members of the Advisory Committee agree that the practices in question could have an effect on trade between EEA Contracting Parties.










4.


The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein are sufficient to meet the concerns identified by the Authority in its preliminary assessment.










5.


The members of the Advisory Committee agree that the commitments offered by LKW and Telecom Liechtenstein do not exceed the limits of what is appropriate and necessary to remove the restrictive effects of the non-competition obligations and strategic alignment provision.










6.


The members of the Advisory Committee agree to render the commitments binding on LKW and Telecom Liechtenstein for as long as the Consolidation Contract remains in force.










7.


The members of the Advisory Committee intend to recommend the publication of its opinion in the Official Journal of the European Union and the EEA Supplement.
Corrigendum to Council Regulation (EC) No 501/2009 of 15 June 2009 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2009/62/EC ( OJ L 151, 16.6.2009 )
Date: 2009-06-18
Institutions: Council of the European Union
Subjects: economic sanctions, international sanctions, natural person, restriction of liberty, terrorism








L_2009155EN.01005001.xml










18.6.2009   


EN


Official Journal of the European Union


L 155/50







Corrigendum to Council Regulation (EC) No 501/2009 of 15 June 2009 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2009/62/EC
(
Official Journal of the European Union L 151 of 16 June 2009
)

On page 15, Annex, ‘List of persons, groups and entities referred to in Article 1’, ‘1. PERSONS’, No 15:
for:







‘15.


AHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of “al Takfir” and “al Hijra”’,





read:







‘15.


FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of “al Takfir” and “al Hijra”’.
Non-opposition to a notified concentration — (Case COMP/M.5498 — SD/JTIA/Mibrag) Text with EEA relevance
Date: 2009-06-18
Institutions: European Commission
Subjects: Czechia, Germany, Slovakia, economic concentration, electricity supply, energy distribution, exchange of information, merger control, mining extraction








C_2009138EN.01000201.xml










18.6.2009   


EN


Official Journal of the European Union


C 138/2





Non-opposition to a notified concentration
(Case COMP/M.5498 — SD/JTIA/Mibrag)
(Text with EEA relevance)
2009/C 138/03
On 29 May 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:






—


in the merger section of the Competition website of the Commission (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 (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5498. EUR-Lex is the on-line access to the European law.
Case C–11/09: Order of the President of the Court of 18 June 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-06-18
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, ordinance








C_2009220EN.01003106.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/31





Order of the President of the Court of 18 June 2009 — Commission of the European Communities v Portuguese Republic
(Case C–11/09) (1)

2009/C 220/65

Language of the case: Portuguese

The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 55, 7.3.2009.
Commission Regulation (EC) No 525/2009 of 18 June 2009 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-06-18
Institutions: European Commission
Subjects: award of contract, export refund, invitation to tender, skimmed milk powder








L_2009156EN.01000901.xml










19.6.2009   


EN


Official Journal of the European Union


L 156/9








            COMMISSION REGULATION (EC) No 525/2009
of 18 June 2009
         
fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 16 June 2009.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 16 June 2009, the maximum amount of refund for the product and destinations referred to in Article 1(c) and in Article 2 of that Regulation shall be EUR 25,80/100 kg.


Article 2
This Regulation shall enter into force on 19 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Euro exchange rates
Date: 2009-06-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2009138EN.01000401.xml










18.6.2009   


EN


Official Journal of the European Union


C 138/4





Euro exchange rates (1)

17 June 2009
2009/C 138/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3840




JPY


Japanese yen


133,28




DKK


Danish krone


7,4447




GBP


Pound sterling


0,85220




SEK


Swedish krona


10,8932




CHF


Swiss franc


1,5096




ISK


Iceland króna


 




NOK


Norwegian krone


8,9180




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,695




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


283,80




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6985




PLN


Polish zloty


4,5283




RON


Romanian leu


4,2323




TRY


Turkish lira


2,1575




AUD


Australian dollar


1,7528




CAD


Canadian dollar


1,5794




HKD


Hong Kong dollar


10,7263




NZD


New Zealand dollar


2,2077




SGD


Singapore dollar


2,0196




KRW


South Korean won


1 737,55




ZAR


South African rand


11,1715




CNY


Chinese yuan renminbi


9,4630




HRK


Croatian kuna


7,2780




IDR


Indonesian rupiah


14 223,55




MYR


Malaysian ringgit


4,8904




PHP


Philippine peso


66,845




RUB


Russian rouble


43,3240




THB


Thai baht


47,302




BRL


Brazilian real


2,7427




MXN


Mexican peso


18,6785




INR


Indian rupee


66,4180






(1)  Source: reference exchange rate published by the ECB.
Case C-417/08: Judgment of the Court (Fifth Chamber) of 18 June 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2004/35/EC — Environmental liability with regard to the prevention and remedying of environmental damage — Failure to transpose)
Date: 2009-06-18
Institutions: Court of Justice
Subjects: United Kingdom, action for failure to fulfil an obligation, environmental impact, environmental liability, environmental protection, judgment of the Court (EU)








C_2009180EN.01002201.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/22





Judgment of the Court (Fifth Chamber) of 18 June 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-417/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/35/EC - Environmental liability with regard to the prevention and remedying of environmental damage - Failure to transpose)
2009/C 180/36
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: A.-A. Gilly and U. Wölker, Agents)

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

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, the necessary measures to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56).

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 19 of that directive.










2.


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






(1)  OJ C 301, 22.11.2008.
Environment for Europeans. N° 33, 2009.
Date: 2009-06-18
Institutions: Directorate-General for Environment
Subjects: EU environmental policy, environmental protection, serial publication

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Communication Unit
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ENtalon.indd   1
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3/06/09   13:49:58
3/06/09   13:49:58

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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3/06/09   13:49:59
3/06/09   13:49:59
Commission Regulation (EC) No 524/2009 of 18 June 2009 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-06-18
Institutions: European Commission
Subjects: butter, butter oil, designation of origin, location of production, originating product








L_2009156EN.01000701.xml










19.6.2009   


EN


Official Journal of the European Union


L 156/7








            COMMISSION REGULATION (EC) No 524/2009
of 18 June 2009
         
fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3), and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 16 June 2009.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 16 June 2009, the maximum amount of refund for the products and destinations referred to in Article 1(a) and (b) and in Article 2 respectively of that Regulation shall be as shown in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 19 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.




ANNEX







(EUR/100 kg)




Product


Export refund Code


Maximum amount of export refund for exports to the destinations referred to in Article 2 of Regulation (EC) No 619/2008




Butter


ex ex 0405 10 19 9700 


70,00 




Butteroil


ex ex 0405 90 10 9000 


84,50
Case F-43/08: Judgment of the Civil Service Tribunal (Second Chamber) of 18 June 2009 — Spee v Europol (Staff case — Europol staff — Vacant post — Selection procedure)
Date: 2009-06-18
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European official, Europol, action by staff, indemnification, job vacancy








C_2009193EN.01003501.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/35





Judgment of the Civil Service Tribunal (Second Chamber) of 18 June 2009 — Spee v Europol
(Case F-43/08) (1)

(Staff case - Europol staff - Vacant post - Selection procedure)
2009/C 193/57
Language of the case: Dutch

Parties


Applicant: David Spee (Rijswijk, Netherlands) (represented by: P. de Casparis, lawyer, initially, and I. Blekman, lawyer, subsequently)

Defendant: European Police Office (Europol) (represented by: D. Neumann, D. El Khoury, B. Wägenbaur and R. Van der Hout, lawyers)

Re:

Annulment of Europol’s decision to withdraw an offer of employment in respect of which the applicant had submitted an application and subsequently to republish it, along with an claim for damages.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Spee to pay all the costs.






(1)  OJ C 183, 19.7.2008, p. 33.
Case T-243/09: Action brought on 18 June 2009 — Fedecom v Commission
Date: 2009-06-18
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), control of State aid, crop production, market gardening, marketing, marketing year, reimbursement of aid








C_2009205EN.01004301.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/43





Action brought on 18 June 2009 — Fedecom v Commission
(Case T-243/09)
2009/C 205/78
Language of the case: French

Parties


Applicant: Fédération de l’Organisation Économique Fruits et Légumes (Fedecom) (Paris, France) (represented by: C. Galvez, lawyer)

Defendant: Commission of the European Communities

Form of order sought







—


Annul the contested decision on the basis of the fourth paragraph of Article 230 EC;










—


Order the Commission to pay all the costs.





Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision C(2009) 203 final of 28 January 2009, (1) by which the Commission had declared incompatible with the common market the State aid granted by the French Republic to fruit and vegetable producers in the context of ‘contingency plans’ aimed at facilitating the marketing of agricultural products harvested in France and had instructed the French Republic to recover the aid in question.
In support of its claim, the applicant raises three pleas in law alleging:






—


disregard of the concept of State aid within the meaning of Article 87(1) EC, since the Commission took the view that the voluntary contributions paid by the producers in the context of contingency plans (sectoral contributions) constitute State aid;










—


disregard of the provisions of Article 87(3) EC, since, without carrying out an in-depth analysis of each contingency plan, the Commission took the view that the measures implemented as part of the contingency plans were not compatible with the common market;










—


breach of the principle of legitimate expectations, since the Commission’s lack of action for a period of 10 years, when it must of necessity have been aware of the existence of the contingency plans, gave rise to expectations on the part of the producers as to the regularity of the contingency plans.






(1)  OJ L 127, p. 11.
Non-opposition to a notified concentration — (Case COMP/M.5417 — Mubadala/General Electric/JV) Text with EEA relevance
Date: 2009-06-18
Institutions: European Commission
Subjects: direct investment, economic concentration, exchange of information, financial institution, merger control, new technology, provision of services








C_2009138EN.01000301.xml










18.6.2009   


EN


Official Journal of the European Union


C 138/3





Non-opposition to a notified concentration
(Case COMP/M.5417 — Mubadala/General Electric/JV)
(Text with EEA relevance)
2009/C 138/05
On 29 May 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:






—


in the merger section of the Competition website of the Commission (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 (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5417. EUR-Lex is the on-line access to the European law.
Joined Cases F-14/05 and F-20/05: Order of the Civil Service Tribunal of 18 June 2009 — Albert-Bousquet and Others and Johansson and Others v Commission
Date: 2009-06-18
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European Commission, European civil service, European official, action by staff, equal treatment, ordinance, recruitment, regulations for civil servants








C_2009193EN.01003701.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/37





Order of the Civil Service Tribunal of 18 June 2009 — Albert-Bousquet and Others and Johansson and Others v Commission
(Joined Cases F-14/05 and F-20/05) (1)

2009/C 193/62

Language of the case: French

The President of the Second Chamber has ordered that the joined cases be removed from the register.


(1)  OJ C 132, 28.5.2005, p. 31 and C 171, 9.7.2005, p. 27.