do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 852/2009 of 17 September 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: 2009-09-18
Institutions: European Commission
Subjects: award of contract, export refund, invitation to tender, milk, skimmed milk powder








L_2009246EN.01001701.xml










18.9.2009   


EN


Official Journal of the European Union


L 246/17








            COMMISSION REGULATION (EC) No 852/2009
of 17 September 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 15 September 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 15 September 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 18 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 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.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 18 September 2009 regarding a draft decision relating to Case COMP/37.956 — Reinforcing bars, Re-adoption — Rapporteur: France
Date: 2009-09-18
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), cement, dominant position, economic concentration, merger control, opinion (EU), plate, restriction on competition, restrictive trade practice








C_2011098EN.01001301.xml










30.3.2011   


EN


Official Journal of the European Union


C 98/13





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 18 September 2009 regarding a draft decision relating to Case COMP/37.956 — Reinforcing bars, Re-adoption
Rapporteur: France
2011/C 98/04






1.


The Advisory Committee agrees with the European Commission on the applicability of Articles 7(1) and 23(2) of Regulation (EC) No 1/2003 as legal basis.










2.


The Advisory Committee agrees with the European Commission on the proceedings followed for the readoption decision.










3.


The Advisory Committee agrees with the European Commission on the applicability of Article 65(1) of the ECSC Treaty as substantive law despite its expiry.










4.


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 65(1) of the ECSC Treaty.










5.


The Advisory Committee agrees with the European Commission's assessment of the product and geographic market affected by the cartel in the draft decision.










6.


The Advisory Committee agrees with the European Commission's finding that the limitation period has not expired.










7.


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










8.


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










9.


The Advisory Committee agrees with the European Commission on the amount of the reduction of the fine based on the 1996 Commission Notice on the non-imposition or reduction of fines in cartel cases.










10.


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










11.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Commission Regulation (EC) No 858/2009 of 18 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-18
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009247EN.01000101.xml










19.9.2009   


EN


Official Journal of the European Union


L 247/1








            COMMISSION REGULATION (EC) No 858/2009
of 18 September 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 19 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 September 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 


MK 


31,8 




ZZ 


31,8 




0707 00 05 


MK 


33,2 




TR 


94,0 




ZZ 


63,6 




0709 90 70 


TR 


101,6 




ZZ 


101,6 




0805 50 10 


AR 


114,4 




CL 


134,9 




TR 


68,6 




UY 


117,8 




ZA 


88,9 




ZZ 


104,9 




0806 10 10 


EG 


137,1 




IL 


115,4 




TR 


95,4 




ZZ 


116,0 




0808 10 80 


AR 


124,5 




BR 


112,1 




CL 


87,0 




NZ 


83,3 




ZA 


74,3 




ZZ 


96,2 




0808 20 50 


CN 


92,9 




TR 


110,4 




ZA 


78,9 




ZZ 


94,1 




0809 30 


TR 


117,9 




US 


243,3 




ZZ 


180,6 




0809 40 05 


IL 


112,9 




ZZ 


112,9 






(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’.
Case T-367/09: Action brought on 18 September 2009 — Tecnoprocess v Commission and Delegation of the European Commission to the Republic of Nigeria
Date: 2009-09-18
Institutions: Court of First Instance
Subjects: Commission Delegation, European Commission, Nigeria, after-sales service, appeal, damages, development aid, electric machinery








C_2009267EN.01008201.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/82





Action brought on 18 September 2009 — Tecnoprocess v Commission and Delegation of the European Commission to the Republic of Nigeria
(Case T-367/09)
2009/C 267/145
Language of the case: Italian

Parties


Applicant: Tecnoprocess (Rome, Italy) (represented by A. Majoli, lawyer)

Defendant: Commission of the European Communities and Delegation of the European Commission to the Republic of Nigeria

Form of order sought







—


a declaration pursuant to Article 232 EC that the EU Delegation to Abuya and the Commission of the European Communities have failed to act;










—


a declaration, on the basis of Article 288 of the Treaty, that the Delegation and the Commission have incurred non-contractual liability vis-à-vis the applicant and an order that they should jointly and severally pay it compensation for damage in the sum of EUR 600 000 (six hundred thousand euro).





Pleas in law and main arguments

The company which is the applicant in these proceedings is the same as in Case T-264/09 Tecnoprocess v Commission of the European Communities and European Commission Delegation to Morocco. (1)

The subject-matter of the dispute is the conditions surrounding the performance of the contract ‘EuropeAid 123511/D/SUP/NG — Supply, Installation, Delivery, Commissioning and After-Sale Service of 114 27 Kva Generators to the EC Assisted Prime Project in Nigeria’, designed to ensure the supply and installation of 114 27 KVA generators, and the performance of after-sales service assistance, for the National Authorising Officer, National Planning Commission and, especially for the offices of that body situated in six of the main geographic areas of Nigeria.
The applicant claims that the Commission has not shown due care and attention in monitoring the conditions in which the contract at issue was carried out, failing to find a satisfactory solution for its interests faced with the serious breaches of obligations to be found in its performance.
In support of its heads of claim, the applicant puts forward pleas in law and main arguments similar to those pleaded in Case T-264/09, cited above.


(1)  OJ 2009 C 220, p. 16.
Euro exchange rates
Date: 2009-09-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2009225EN.01000501.xml










18.9.2009   


EN


Official Journal of the European Union


C 225/5





Euro exchange rates (1)

17 September 2009
2009/C 225/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4712




JPY


Japanese yen


134,38




DKK


Danish krone


7,4414




GBP


Pound sterling


0,89050




SEK


Swedish krona


10,1134




CHF


Swiss franc


1,5187




ISK


Iceland króna


 




NOK


Norwegian krone


8,6265




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,094




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


270,61




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7032




PLN


Polish zloty


4,1245




RON


Romanian leu


4,2600




TRY


Turkish lira


2,1650




AUD


Australian dollar


1,6863




CAD


Canadian dollar


1,5672




HKD


Hong Kong dollar


11,4021




NZD


New Zealand dollar


2,0708




SGD


Singapore dollar


2,0832




KRW


South Korean won


1 772,13




ZAR


South African rand


10,8334




CNY


Chinese yuan renminbi


10,0431




HRK


Croatian kuna


7,2883




IDR


Indonesian rupiah


14 265,77




MYR


Malaysian ringgit


5,1058




PHP


Philippine peso


70,247




RUB


Russian rouble


44,6026




THB


Thai baht


49,602




BRL


Brazilian real


2,6568




MXN


Mexican peso


19,4178




INR


Indian rupee


70,8460






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5626 — Adecco/Spring) Text with EEA relevance
Date: 2009-09-18
Institutions: European Commission
Subjects: United Kingdom, economic concentration, exchange of information, merger control, provision of services, recruitment, staff








C_2009225EN.01001401.xml










18.9.2009   


EN


Official Journal of the European Union


C 225/14





Prior notification of a concentration
(Case COMP/M.5626 — Adecco/Spring)
(Text with EEA relevance)
2009/C 225/08






1.


On 11 September 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 Adecco S.A. (‘Adecco’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertaking Spring Group PLC (‘Spring’, United Kingdom) by way of public bid announced on 11 August 2009.










2.


The business activities of the undertakings concerned are:






—


for Adecco: international provision of human resources and recruitment services, including temporary staffing, permanent staffing, consulting and outplacement,










—


for Spring: international provision of human resources and recruitment services, including temporary staffing, permanent staffing and managed solutions, with a focus in the United Kingdom.














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 22964301 or 22967244) or by post, under reference number COMP/M.5626 — Adecco/Spring, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Final Report of the Hearing Officer in Case COMP/M.4874 — Itema/BarcoVision (Text with EEA relevance)
Date: 2009-09-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, report, textile industry, textile machine








C_2009225EN.01000801.xml










18.9.2009   


EN


Official Journal of the European Union


C 225/8





Final Report of the Hearing Officer in Case COMP/M.4874 — Itema/BarcoVision (1)

(Text with EEA relevance)
2009/C 225/05
On 20 February 2008, Itema Holding S.p.A., Italy, submitted a notification to the Commission of its intended acquisition of control within the meaning of Article 3 of Council Regulation (EC) No 139/2004 over the whole of BarcoVision Division of Barco NV (Belgium) by way of purchase of shares.
Upon examination, the Commission concluded that the notified operation raised serious doubts as to its compatibility with the common market. On 14 April 2008, the Commission opened an in-depth investigation into this proposed concentration.
Upon request, access to key documents was provided to the notifying party on 16 April 2008, in accordance with paragraph 45 of Competition DG's Best Practices on the conduct of EC merger control proceedings.
The Commission stopped the clock in the in-depth investigation on 3 June 2008, effective as from 26 May 2008, after the target company failed to respond adequately to an information request. The clock was re-started on 9 June 2008.
On the basis of the additional evidence gathered during the in-depth phase of the investigation, the Commission services concluded that the proposed transaction would not significantly impede effective competition in the common market, and is therefore compatible with the common market and the EEA Agreement. Accordingly, no statement of objections was sent to the notifying party.
No queries or submissions have been made to me by the merging parties or any third party. The case does not call for any particular comments as regards the right to be heard.

Brussels, 22 July 2008.

Karen WILLIAMS





(1)  Pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).
Case T-360/09: Action brought on 18 September 2009 — E.ON Ruhrgas and E.ON v Commission
Date: 2009-09-18
Institutions: Court of First Instance
Subjects: action for annulment (EU), fine, gas supply, natural gas, restriction on competition, restrictive trade practice








C_2009282EN.01005002.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/50





Action brought on 18 September 2009 — E.ON Ruhrgas and E.ON v Commission
(Case T-360/09)
2009/C 282/97
Language of the case: German

Parties


Applicants: E.ON Ruhrgas AG (Essen, Germany), E.ON AG (Düsseldorf, Germany) (represented by: G. Wiedemann and T. Klose, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


annul the contested decision;










—


in the alternative, reduce, as appropriate, the amount of the fine imposed on the applicants in the contested decision;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

The applicants challenge Commission Decision C(2009) 5355 final of 8 July 2009 in Case COMP/39.401 — E.ON/GDF. In the contested decision, a fine was imposed on the applicants and another undertaking for infringement of Article 81(1) EC, as they had participated in an agreement and concerted practices in the natural gas sector.
The applicants submit six pleas in support of their action.
First, the applicants question the applicability of Article 81(1) EC, as the agreements, criticised by the Commission, do not infringe the prohibition on cartels. In that regard, they claim, in particular, that they relate to permissible ancillary arrangements for the creation of the joint venture MEGAL.
Second, the applicants submit, in the alternative, that the Commission erred in law in assessing the duration of the infringement. In that regard, they claim that the agreements at issue came to an end shortly after the beginning of liberalisation and, in any event, with the formal termination agreement of 13 August 2004.
Third, the applicants complain of discrimination compared to the parties affected by the parallel Commission decisions of 26 October 2004 in the GDF/ENI and GDF/Enel cases. In that regard, they submit that in those cases the Commission, with reference to the liberalisation which had just occurred, refrained from imposing fines and, furthermore, that it should have done the same in the present case, since the cases are comparable — identical even — in all essential aspects.
Fourth, the applicants claim that the alleged 1975 agreements are already statute-barred, since they had been terminated more than five years before the Commission’s examination.
Fifth, the applicants allege an error in law in the calculation of the fines.
Lastly, it is submitted that the Commission breached the principles concerning liability for competition law infringements, in that E.ON AG cannot be held directly, or indirectly, liable for the alleged infringements committed by E.ON Ruhrgas AG.
EU-27 ethyl alcohol balance for 2008 (Established on 10 July 2009 in accordance with Article 2 of Regulation (EC) No 2336/2003)
Date: 2009-09-18
Institutions: European Commission
Subjects: EU market, balance sheet, ethanol, exchange of information








C_2009225EN.01001301.xml










18.9.2009   


EN


Official Journal of the European Union


C 225/13





EU-27 ethyl alcohol balance for 2008

(Established on 10 July 2009 in accordance with Article 2 of Regulation (EC) No 2336/2003)

2009/C 225/07









 



EU-27 ethyl alcohol balance for 2008


(Established on 10 July 2009 in accordance with Article 2 of Regulation (EC) No 2336/2003 (1))



Hectolitres of pure alcohol




1.


Initial stock






—


Agricultural origin










—


Non-agricultural origin






8 913 486




2.


Production






—


Agricultural origin










—


Non-agricultural origin






40 368 240




3.


Imports (2)







—


0 % duty










—


Reduced duty










—


100 % duty






12 887 108
3 979 240
0
8 907 868




4.


Total resources


62 168 834




5.


Exports


391 488




6.


Internal consumption


53 561 592




 


Agricultural origin


Non-agricultural origin


Total




Food use
Industrial use
Fuel
Other


11 914 766
8 527 575
29 131 475
3 987 777


 


 




Total


53 561 592


 


 




7.


Final stock






—


Agricultural origin










—


Non-agricultural origin






8 215 754





Sources: Communications from the Member States/Eurostat COMEXT.






(1)  Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (OJ L 346, 31.12.2003, pp. 19-25).

(2)  Includes only products falling within CN codes 2207 10, 2207 20, 2208 90 91 and 2208 90 99.

Sources: Communications from the Member States/Eurostat COMEXT.
Non-opposition to a notified concentration (Case COMP/M.5570 — Platinum Equity Group/Delphi Corporation) Text with EEA relevance
Date: 2009-09-18
Institutions: European Commission
Subjects: economic concentration, electro-magnetic equipment, exchange of information, intelligent transport system, investment, merger control, motor vehicle industry, satellite navigation








C_2009225EN.01000401.xml










18.9.2009   


EN


Official Journal of the European Union


C 225/4





Non-opposition to a notified concentration
(Case COMP/M.5570 — Platinum Equity Group/Delphi Corporation)
(Text with EEA relevance)
2009/C 225/02
On 5 August 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/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 32009M5570. EUR-Lex is the on-line access to the European law.