do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5530 — GlaxoSmithKline/Stiefel Laboratories) Text with EEA relevance
Date: 2009-06-25
Institutions: European Commission
Subjects: consumer goods, economic concentration, exchange of information, health care, marketing, medicinal product, merger control, pharmaceutical industry, pharmaceutical product, skin disease








C_2009145EN.01002001.xml










25.6.2009   


EN


Official Journal of the European Union


C 145/20





Prior notification of a concentration
(Case COMP/M.5530 — GlaxoSmithKline/Stiefel Laboratories)
(Text with EEA relevance)
2009/C 145/13






1.


On 15 June 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking GlaxoSmithKline plc (‘GSK’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Stiefel Laboratories Inc. (‘Stiefel Laboratories’, USA) by way of a corporate merger of a subsidiary of GSK and Stiefel Laboratories.










2.


The business activities of the undertakings concerned are:






—


for undertaking GSK: discovery, development, manufacture and commercialization of pharmaceutical products and consumer health related products,










—


for undertaking Stiefel Laboratories: discovery, development, manufacture and commercialization of pharmaceutical products, in particular dermatological pharmaceutical and skin care products.














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.5530 — GlaxoSmithKline/Stiefel Laboratories, 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.
Notice for the attention of those persons, entities and bodies that have been included by the Council on the list of persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V)
Date: 2009-06-25
Institutions: Council of the European Union
Subjects: Council of the European Union, Iran, bank, disclosure of information, economic sanctions, legal person, natural person, suspension of aid








C_2009145EN.01000101.xml










25.6.2009   


EN


Official Journal of the European Union


C 145/1





Notice for the attention of those persons, entities and bodies that have been included by the Council on the list of persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V)
2009/C 145/01
The following information is brought to the attention of the persons, entities and bodies that appear in the Annex to Council Decision 2008/475/EC of 23 June 2008 (1).
By that Decision, the Council of the European Union determined that the persons, entities and bodies that appear on the above-mentioned list fulfil the criteria set out in Article 7(2) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (2), and they were consequently included in Annex V to that Regulation. The Regulation provides for a freezing of all funds, other financial assets and economic resources belonging to the persons, entities or bodies concerned and that no funds, other financial assets and economic resources shall be made available to or for the benefit of such persons, entities or bodies, whether directly or indirectly.
According to Article 15(2) of the Regulation, the list of persons, entities and bodies referred to in Article 7(2) shall be reviewed at regular intervals and at least every 12 months.
For this purpose, the persons, entities or bodies concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered.
Any such requests should be sent, within one month from the date of publication of the present notice, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi 175




1048 Bruxelles/Brussels




BELGIQUE/BELGIË






(1)  OJ L 163, 24.6.2008, p. 29.

(2)  OJ L 103, 20.4.2007, p. 1.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance )
Date: 2009-06-25
Institutions: European Commission
Subjects: Germany, State aid, Treasury, United Kingdom, control of State aid, economic recession, exchange of information, innovation, research and development, shipbuilding








C_2009145EN.01000201.xml










25.6.2009   


EN


Official Journal of the European Union


C 145/2





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2009/C 145/02






Date of adoption of the decision


4.5.2009




Reference number of State Aid


N 94/09




Member State


Germany




Region


—




Title (and/or name of the beneficiary)


Änderung des Forschungsprogramms Schifffahrt und Meerestechnik für das 21. Jahrhundert




Legal basis


Bundeshaushaltsordnung mit Allgemeinen Verwaltungsvorschriften, Budeshaushaltsgesetz, Verwaltungsverfahrengesetz




Type of measure


Aid scheme




Objective


Research and development, Innovation, Small and medium-sized enterprises




Form of aid


Direct grant




Budget


Annual budget: EUR 25,771 million; Overall budget: EUR 51,542 million




Intensity


100 %




Duration (period)


until 31.12.2010




Economic sectors


Shipbuilding




Name and address of the granting authority







Bundesministerium für Wirtschaft




Scharnhorststr. 34-37




10115 Berlin




DEUTSCHLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm






Date of adoption of the decision


15.4.2009




Reference number of State Aid


N 193/09




Member State


United Kingdom




Region


—




Title (and/or name of the beneficiary)


Prolongation of the Financial Support Measures to the Banking Industry in the UK




Legal basis


Common Law Powers of UK Government




Type of measure


Aid scheme




Objective


Aid to remedy serious disturbances in the economy




Form of aid


Guarantee, Provision of risk capital




Budget


Overall budget: GBP 250 000 million




Intensity


—




Duration (period)


15.4.2009-13.10.2009




Economic sectors


Financial intermediation




Name and address of the granting authority


The Commissioners of Her Majesty's Treasury




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm
Commission notice concerning the anti-dumping measures in force in respect of imports into the Community of certain side-by-side refrigerators originating in the Republic of Korea: change of the address of a company subject to an individual anti-dumping duty
Date: 2009-06-25
Institutions: European Commission
Subjects: South Korea, anti-dumping duty, anti-dumping legislation, disclosure of information, electrical engineering, household electrical appliance, originating product








C_2009145EN.01001801.xml










25.6.2009   


EN


Official Journal of the European Union


C 145/18





Commission notice concerning the anti-dumping measures in force in respect of imports into the Community of certain side-by-side refrigerators originating in the Republic of Korea: change of the address of a company subject to an individual anti-dumping duty
2009/C 145/12
Imports of certain side-by-side refrigerators originating in the Republic of Korea are subject to a definitive anti-dumping duty, imposed by Council Regulation (EC) No 1289/2006 of 25 August 2006 (1) (‘Regulation (EC) No 1289/2006’).
Samsung Electronics Co., Ltd (for convenience referred to in Regulation (EC) No 1289/2006 as ‘Samsung Electronics Corporation’), a company located in the Republic of Korea, whose exports to the Community of certain side-by-side refrigerators are subject to an anti-dumping duty of 0 % imposed by Article 1(2) of Regulation (EC) No 1289/2006, has informed the Commission that on 11 January 2009, it changed its address.
The company has argued that the change of address does not affect its right to benefit from the individual duty rate applied to it under its previous address of:





Samsung Main Bldg, 250, 2-ga




Taepyeong-ro




Jung-gu




Seoul




The company submitted sufficient evidence to establish that the change of the address was, inter alia, due to an internal reorganization of the company resulting in a relocation of the business unit concerned.
The Commission has examined the information provided and has concluded that the change of address in no way affects the findings of Regulation (EC) No 1289/2006. Furthermore, the reference to the company should reflect the name of the company as it was officially registered. Therefore, the reference in Article 1(2) of Regulation (EC) No 1289/2006 to:





Samsung Electronics Corporation




Samsung Main Bldg, 250, 2-ga




Taepyeong-ro




Jung-gu




Seoul




should be read as:





Samsung Electronics Co., Ltd




443-742, 416 Meatan-3 Dong




Yeongtong-Gu




Suwon




Kyonggi-Do




SOUTH KOREA




The Taric additional code A735 shall apply to:





Samsung Electronics Co., Ltd




443-742, 416 Meatan-3 Dong




Yeongtong-Gu




Suwon




Kyonggi-Do




SOUTH KOREA






(1)  OJ L 236, 31.8.2006, p. 11.
Commission Regulation (EC) No 550/2009 of 25 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-06-25
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009164EN.01000101.xml










26.6.2009   


EN


Official Journal of the European Union


L 164/1








            COMMISSION REGULATION (EC) No 550/2009
of 25 June 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 26 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


53,0 




MK 


21,6 




TR 


82,5 




ZZ 


52,4 




0707 00 05 


JO 


156,8 




MK 


23,0 




TR 


108,9 




ZZ 


96,2 




0709 90 70 


TR 


103,7 




ZZ 


103,7 




0805 50 10 


AR 


66,2 




BR 


104,3 




TR 


54,9 




ZA 


59,9 




ZZ 


71,3 




0808 10 80 


AR 


73,6 




BR 


94,4 




CL 


94,9 




CN 


91,3 




NZ 


108,0 




US 


134,0 




UY 


61,5 




ZA 


77,5 




ZZ 


91,9 




0809 10 00 


TR 


232,3 




US 


172,2 




ZZ 


202,3 




0809 20 95 


TR 


323,9 




US 


377,7 




ZZ 


350,8 




0809 30 


TR 


147,8 




US 


175,8 




ZZ 


161,8 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Opinion of the Advisory Committee on Mergers given at its meeting of 5 September 2008 regarding a draft decision relating to Case COMP/M.4980 — ABF/GBI Business — Rapporteur: Romania
Date: 2009-06-25
Institutions: Advisory Committee on Concentrations
Subjects: Romania, economic concentration, exchange of information, food industry, merger control








C_2009145EN.01001001.xml










25.6.2009   


EN


Official Journal of the European Union


C 145/10





Opinion of the Advisory Committee on Mergers given at its meeting of 5 September 2008 regarding a draft decision relating to Case COMP/M.4980 — ABF/GBI Business
Rapporteur: Romania
2009/C 145/07






1.


The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration within the meaning of the Merger Regulation (EEC) No 139/2004.










2.


The Advisory Committee agrees with the Commission that the Commission's jurisdiction has been established by means of Article 22 decisions addressed to Spain, France, and Portugal on 13 December 2007.










3.


The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant product markets are:






(a)


liquid yeast;










(b)


compressed yeast;










(c)


dry yeast.














4.


The Advisory Committee agrees with the Commission that for the purpose of assessing the present operation, the relevant geographic markets:






(a)


are national for compressed yeast in the territories of Spain, Portugal, and France;










(b)


and for liquid yeast and for dry yeast may ultimately be left open.














5.


The Advisory Committee agrees with the Commission that the proposed concentration is likely to result in a significant impediment to effective competition in the common market or a substantial part of it for the following markets:






(a)


compressed yeast in Spain;










(b)


compressed yeast in Portugal.














6.


The Advisory Committee agrees with the Commission that the proposed concentration does not significantly impede effective competition in the common market or in a substantial part of it for the following markets:






(a)


compressed yeast in France;










(b)


liquid yeast;










(c)


dry yeast.














7.


The Advisory Committee agrees with the Commission that, subject to full compliance with the commitments offered by the parties, and considered all commitments together, the proposed transaction does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, within the meaning of Article 2(2), 8(2) and 10(2) of the Merger Regulation and that the proposed concentration is therefore to be declared compatible with the Common Market and with the EEA Agreement.










8.


The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.
Case C-356/08: Judgment of the Court (First Chamber) of 25 June 2009 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Freedom to provide services — Freedom of establishment — Free movement of capital — National legislation imposing an obligation on medical doctors established in the territory of the Land of Upper Austria to open a bank account with a particular bank)
Date: 2009-06-25
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, free movement of capital, freedom to provide services, health insurance, physician, right of establishment








C_2009205EN.01001001.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/10





Judgment of the Court (First Chamber) of 25 June 2009 — Commission of the European Communities v Republic of Austria
(Case C-356/08) (1)

(Failure of a Member State to fulfil obligations - Freedom to provide services - Freedom of establishment - Free movement of capital - National legislation imposing an obligation on medical doctors established in the territory of the Land of Upper Austria to open a bank account with a particular bank)
2009/C 205/16
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: E. Traversa, acting as Agent and A. Böhlke, Rechtsanwalt)

Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 43 EC, 49 EC and 56 EC — National legislation imposing an obligation on medical doctors established in the territory of the Land of Upper Austria to open a bank account with the Oberösterreichische Landesbank

Operative part of the judgment

The Court:






1.


Declares that, by imposing an obligation on every medical doctor becoming established in Oberösterreich (Land of Upper Austria) to open a bank account with the Oberösterreichische Landesbank in Linz to which fees for benefits in kind in the context of the exercise of his professional activity are to be transferred by the health insurance funds, the Republic of Austria has failed to comply with its obligations under Article 49 EC;










2.


Orders the Republic of Austria to pay the costs.






(1)  OJ C 247, 27.09.2008.
Case T-435/08: Order of the Court of First Instance of 25 June 2009 — Tokita Management Service v OHIM — Eminent Food (Tomatoberry)
Date: 2009-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), pip fruit, trade-mark law








C_2009193EN.01003303.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/33





Order of the Court of First Instance of 25 June 2009 — Tokita Management Service v OHIM — Eminent Food (Tomatoberry)
(Case T-435/08) (1)

2009/C 193/54

Language of the case: English

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


(1)  OJ C 313, 6.12.2008.
Recommendation of the European Central Bank of 25 June 2009 to the Council of the European Union on the external auditors of Národná banka Slovenska (ECB/2009/14)
Date: 2009-06-25
Institutions: European Central Bank
Subjects: European Central Bank, European currency, Slovakia, accession to the European Union, accounting, central bank, financial institution








C_2009149EN.01000101.xml










1.7.2009   


EN


Official Journal of the European Union


C 149/1






RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 25 June 2009
to the Council of the European Union on the external auditors of Národná banka Slovenska
(ECB/2009/14)
2009/C 149/01
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 27.1 thereof,
Whereas:






(1)


The accounts of the European Central Bank (ECB) and national central banks are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.










(2)


Pursuant to Article 1 of Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (1), Slovakia adopted the single currency on 1 January 2009.










(3)


Pursuant to Article 38 of the Law on Národná banka Slovenska, as from 1 January 2009 the accounts of Národná banka Slovenska are audited in accordance with Article 27.1 of the Statute of the ESCB.










(4)


Národná banka Slovenska has selected Deloitte Audit s.r.o. as its external auditors for the financial year 2009,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that Deloitte Audit s.r.o. should be appointed as the external auditors of Národná banka Slovenska for the financial year 2009.

Done at Frankfurt am Main, 25 June 2009.


The President of the ECB

Jean-Claude TRICHET





(1)  OJ L 195, 24.7.2008, p. 24.
Commission Regulation (EC) No 557/2009 of 25 June 2009 on the allocation of import rights for applications lodged for the period 1 July 2009 to 30 June 2010 under tariff quotas opened by Regulation (EC) No 412/2008 for frozen beef intended for processing
Date: 2009-06-25
Institutions: European Commission
Subjects: CCT duties, beef, food processing, frozen product, import (EU), import policy, tariff quota








L_2009164EN.01003901.xml










26.6.2009   


EN


Official Journal of the European Union


L 164/39








            COMMISSION REGULATION (EC) No 557/2009
of 25 June 2009
         
on the allocation of import rights for applications lodged for the period 1 July 2009 to 30 June 2010 under tariff quotas opened by Regulation (EC) No 412/2008 for frozen beef intended for processing


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),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2) and in particular Article 7(2) thereof,

Whereas:







(1)


Commission Regulation (EC) No 412/2008 of 8 May 2008 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (3) opened import tariff quotas for beef and veal products.












(2)


The applications for import rights lodged for the period 1 July 2009 to 30 June 2010 relate to quantities in excess of those available for rights under quota 09.4057. The extent to which import rights may be granted should therefore be determined and the allocation coefficient to be applied to the quantities requested should be laid down,





HAS ADOPTED THIS REGULATION:



Article 1
Applications for import rights lodged for the period 1 July 2009 to 30 June 2010 under Regulation (EC) No 412/2008 shall be weighted by an allocation coefficient of 18,957513 % for rights under quota 09.4057.


Article 2
This Regulation shall enter into force on 26 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 9.5.2008, p. 7.