do-me/EUR-LEX huggingface dataset:
Notice concerning a request under Article 30 of Directive 2004/17/EC — Request made by a Member State
Date: 2009-07-21
Institutions: European Commission
Subjects: award of contract, competition law, energy industry, market access, opinion, postal service, transport company, water








C_2009168EN.01001901.xml










21.7.2009   


EN


Official Journal of the European Union


C 168/19





Notice concerning a request under Article 30 of Directive 2004/17/EC
Request made by a Member State
2009/C 168/08
On 8 July 2009 the Commission received a request in accordance with Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1). The first working day following receipt of the request is 9 July 2009.
This request, made by the Italian Republic, concerns certain financial services (cf: fourth indent of Article 6(2)(c) of Directive 2004/17/EC) in that country. Article 30 provides that the Directive does not apply where the activity in question is directly exposed to competition on markets to which access is not limited. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.
The Commission has a period of three months to take a decision on this request, starting on the working day referred to above. The period therefore ends on 9 October 2009.
The provisions of the third subparagraph of the abovementioned paragraph 4 are not applicable. Consequently, the period allowed to the Commission may be extended by three months. Any such extension must be published.


(1)  OJ L 134, 30.4.2004, p. 1.
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 20 January 2009 regarding a draft decision relating to Case COMP/39.406 — Marine Hoses (1) — Rapporteur: Luxembourg
Date: 2009-07-21
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), economic concentration, exploitation of the sea-bed, marine environment, merger control, opinion (EU), piping








C_2009168EN.01000201.xml










21.7.2009   


EN


Official Journal of the European Union


C 168/2





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 20 January 2009 regarding a draft decision relating to Case COMP/39.406 — Marine Hoses (1)
Rapporteur: Luxembourg
2009/C 168/02






1.


The Advisory Committee agrees with the European Commission's assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the Treaty and Article 53 of the EEA Agreement.










2.


The Advisory Committee agrees with the European Commission's assessment that the measures agreed and taken pursuant to Memorandum of 1 April 1986 and follow up agreements are to be considered as a coherent set of measures of the arrangements agreed at both the global and the European level.










3.


The Advisory Committee agrees with the European Commission's assessment that the agreement and/or concerted practices between the producers of marine hoses were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA.










4.


The Advisory Committee agrees with the European Commission that, despite the limited cartel activities in 1997-1999, there is indeed a single, materially same, infringement.










5.


The Advisory Committee agrees with the European Commission's assessment that the infringement is to be seen as single and continuous in light of the evolution of the cartel over the period from 1986-2007 (with a period of limited, minor cartel activities in 1997-1999).










6.


The Advisory Committee agrees that Bridgestone (DOM that cannot be held liable for its role) and Parker/ITR within the group of suppliers played the role of leader and that this justifies an increase in the basic amount of the fine to be imposed on these undertakings for leadership.










7.


The Advisory Committee agrees with the European Commission's assessment of the applications made under the 2006 Leniency Notice.










8.


The Advisory Committee agrees with the European Commission's draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.










9.


The Advisory Committee agrees with the publication of the Opinion in the Official Journal of the European Communities.
Euro exchange rates
Date: 2009-07-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2009168EN.01000101.xml










21.7.2009   


EN


Official Journal of the European Union


C 168/1





Euro exchange rates (1)

20 July 2009
2009/C 168/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4217




JPY


Japanese yen


134,44




DKK


Danish krone


7,4462




GBP


Pound sterling


0,86010




SEK


Swedish krona


11,0023




CHF


Swiss franc


1,5198




ISK


Iceland króna


 




NOK


Norwegian krone


9,0085




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,838




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


272,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7004




PLN


Polish zloty


4,2980




RON


Romanian leu


4,2390




TRY


Turkish lira


2,1476




AUD


Australian dollar


1,7510




CAD


Canadian dollar


1,5702




HKD


Hong Kong dollar


11,0184




NZD


New Zealand dollar


2,1714




SGD


Singapore dollar


2,0489




KRW


South Korean won


1 772,41




ZAR


South African rand


11,2989




CNY


Chinese yuan renminbi


9,7118




HRK


Croatian kuna


7,3352




IDR


Indonesian rupiah


14 202,88




MYR


Malaysian ringgit


5,0350




PHP


Philippine peso


68,141




RUB


Russian rouble


43,9800




THB


Thai baht


48,359




BRL


Brazilian real


2,7122




MXN


Mexican peso


18,7878




INR


Indian rupee


68,5330






(1)  Source: reference exchange rate published by the ECB.
Case C-547/08: Order of the President of the Fifth Chamber of the Court of 21 July 2009 — Commission of the European Communities v Kingdom of Sweden
Date: 2009-07-21
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, customers, financial institution, financial legislation, political figure








C_2009282EN.01003302.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/33





Order of the President of the Fifth Chamber of the Court of 21 July 2009 — Commission of the European Communities v Kingdom of Sweden
(Case C-547/08) (1)

2009/C 282/60

Language of the case: Swedish

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


(1)  OJ C 32, 7.2.2009.
Prior notification of a concentration (Case COMP/M.5588 — GM/Delphi Steering II) Text with EEA relevance
Date: 2009-07-21
Institutions: European Commission
Subjects: economic concentration, exchange of information, marketing, merger control, motor car, motor vehicle, motor vehicle industry, spare part








C_2009168EN.01001801.xml










21.7.2009   


EN


Official Journal of the European Union


C 168/18





Prior notification of a concentration
(Case COMP/M.5588 — GM/Delphi Steering II)
(Text with EEA relevance)
2009/C 168/07






1.


On 10 July 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 General Motors Corporation (‘GM’, US) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part of the undertaking Delphi Corporation (US) consisting of its global steering business and of certain other assets (together ‘Delphi Targets’) of by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for GM: manufacture and sale of motor vehicles,










—


for Delphi Targets: manufacture and sale of steering products and other components for automotive vehicles.














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.5588 — GM/Delphi Steering II, 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-275/09: Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 21 July 2009 — Brussels Hoofdstedelijk Gewest and Others v Vlaamse Gewest. Other party: Brussels International Airport Company NV, now The Brussels Airport Company NV
Date: 2009-07-21
Institutions: Court of Justice
Subjects: airport, environmental impact, interpretation of the law, project evaluation, public works, trade licence, transport infrastructure








C_2009267EN.01002802.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/28





Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 21 July 2009 — Brussels Hoofdstedelijk Gewest and Others v Vlaamse Gewest. Other party: Brussels International Airport Company NV, now The Brussels Airport Company NV
(Case C-275/09)
2009/C 267/51
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Brussels Hoofdstedelijk Gewest and Others

Defendant: Vlaamse Gewest

Intervening party: Brussels International Airport Company NV (Now: The Brussels Airport Company NV)

Questions referred







1.


When separate development consents are required for, on the one hand, the infrastructure works for an airport with a basic runway length of 2 100 m or more and, on the other hand, for the operation of that airport, and the latter development consent — the environmental permit — is only granted for a fixed period, should the term ‘construction’, referred to in paragraph 7(a) of Annex I to Council Directive 85/337/EEC (1) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997, be interpreted as meaning that an environmental impact report should be compiled not only for the execution of the infrastructure works but also for the operation of the airport?










2.


Is that mandatory environmental impact assessment also required for the renewal of the environmental permit for the airport, both in the case where that renewal is not accompanied by any change or extension to the operation, and in the case where such a change or extension is indeed intended?










3.


Does it make a difference to the mandatory environmental impact reporting in the context of the renewal of an environmental permit for an airport whether an environmental impact report was compiled earlier, in relation to a previous operational consent, and whether the airport was already in operation at the time that environmental impact reporting was introduced by the European or the national legislator?






(1)  OJ L 175, p. 40.
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 23 January 2009 regarding a draft decision relating to Case COMP/39.406 — Marine Hoses (2) — Rapporteur: Luxembourg
Date: 2009-07-21
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), agreement (EU), exploitation of the sea-bed, fine, marine environment, opinion (EU), piping








C_2009168EN.01000501.xml










21.7.2009   


EN


Official Journal of the European Union


C 168/5





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 23 January 2009 regarding a draft decision relating to Case COMP/39.406 — Marine Hoses (2)
Rapporteur: Luxembourg
2009/C 168/04






1.


The Advisory Committee agrees with the Commission on the basic amounts of the fines.










2.


The Advisory Committee agrees with the Commission on the increase of the basic amount due to aggravating circumstances.










3.


The Advisory Committee agrees with the Commission on the amounts of reduction of the fine based on the 2006 Commission Notice on the non-imposition or reduction of fines in cartel cases.










4.


The Advisory Committee agrees with the Commission on the final amounts of the fines.










5.


The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.