do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5565 — BAE Systems/BVT) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-10-01
Institutions: European Commission
Subjects: armed forces, communications systems, economic concentration, exchange of information, maintenance, merger control, service, warships








C_2009236EN.01002401.xml










1.10.2009   


EN


Official Journal of the European Union


C 236/24





Prior notification of a concentration
(Case COMP/M.5565 — BAE Systems/BVT)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 236/10






1.


On 24 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 BAE Systems plc (‘BAE Systems’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertaking BVT Surface Fleet Limited (‘BVT’, United Kingdom), a company currently jointly-controlled by BAE Systems and VT Group plc, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for BAE Systems: provision of systems and services for air, land and naval forces as well as advanced electronics, information technology solutions and customer support services,










—


for BVT: provision of surface warships and through-life support, principally as a partner for the United Kingdom Ministry of Defence.














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 22964301 or 22967244) or by post, under reference number COMP/M.5565 — BAE Systems/BVT, 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.

(2)  OJ C 56, 5.3.2005, p. 32.
Case C-103/08: Judgment of the Court (First Chamber) of 1 October 2009 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Vorarlberg — Austria) — Arthur Gottwald v Bezirkshauptmannschaft Bregenz (Freedom of movement for persons — Citizenship of the Union — Article 12 EC — Issue of an annual toll disc in respect of a motor vehicle free of charge to disabled persons — Provisions restricting the issue of that disc to disabled persons resident or ordinarily resident in national territory)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: EU law - national law, disabled person, interpretation of the law, residence, toll








C_2009282EN.01000801.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/8





Judgment of the Court (First Chamber) of 1 October 2009 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Vorarlberg — Austria) — Arthur Gottwald v Bezirkshauptmannschaft Bregenz
(Case C-103/08) (1)

(Freedom of movement for persons - Citizenship of the Union - Article 12 EC - Issue of an annual toll disc in respect of a motor vehicle free of charge to disabled persons - Provisions restricting the issue of that disc to disabled persons resident or ordinarily resident in national territory)
2009/C 282/13
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat des Landes Vorarlberg

Parties to the main proceedings


Applicant: Arthur Gottwald

Defendant: Bezirkshauptmannschaft Bregenz

Re:

Reference for a preliminary ruling — Unabhängiger Verwaltungssenat des Landes Vorarlberg (Austria) — Interpretation of Article 12 of the EC Treaty — Discrimination on grounds of nationality — National legislation under which a toll disc made available free of charge to disabled persons is granted only to persons resident or ordinarily resident in national territory.

Operative part of the judgment

Article 12 EC must be interpreted as meaning that it does not preclude a national rule, such as that at issue in the main proceedings, which restricts the issue of an annual toll disc free of charge to those disabled persons who are resident or ordinarily resident in the territory of the Member State concerned, including also those persons who regularly travel to that State for professional or personal reasons.


(1)  OJ C 142, 7.6.2008.
Case C-247/08: Judgment of the Court (First Chamber) of 1 October 2009 (reference for a preliminary ruling from the Finanzgericht Köln — Germany) — Gaz de France — Berliner Investissement SA v Bundeszentralamt für Steuern (Free movement of capital — Profits distributed to a parent company exempt from withholding tax in the Member State of the subsidiary — Concept of company of a Member State — Société par actions simplifiée under French law)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: interpretation of the law, parent company, subsidiary, tax exemption, tax system








C_2009282EN.01001102.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/11





Judgment of the Court (First Chamber) of 1 October 2009 (reference for a preliminary ruling from the Finanzgericht Köln — Germany) — Gaz de France — Berliner Investissement SA v Bundeszentralamt für Steuern
(Case C-247/08) (1)

(Free movement of capital - Profits distributed to a parent company exempt from withholding tax in the Member State of the subsidiary - Concept of ‘company of a Member State’ - ‘Société par actions simplifiée’ under French law)
2009/C 282/19
Language of the case: German

Referring court

Finanzgericht Köln

Parties to the main proceedings


Applicant: Gaz de France — Berliner Investissement SA

Defendant: Bundeszentralamt für Steuern

Re:

Reference for a preliminary ruling — Finanzgericht Köln (Germany) — Interpretation of Articles 43 EC, 48 EC, 56(1) EC and 58(1)(a) and (3) EC, and Article 2(a) and paragraph (f) of the Annex to Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ 1990 L 225, p. 6) — Concept of ‘company of a Member State’ — Refusal, in the Member State of the subsidiary, to grant an exemption from withholding tax to a parent company taking the legal form of a ‘société par actions simplifiée’ in French law, since that form of company does not, at the material time, appear on the list in the annex to the directive

Operative part of the judgment







1.


Article 2(a) of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States, read in conjunction with point (f) of the annex to that directive, must be interpreted as meaning that a company under French law in the form of a ‘société par actions simplifiée’ cannot be considered to be a ‘company of a Member State’ within the meaning of that directive before that directive was amended by Council Directive 2003/123/EC of 22 December 2003;










2.


Examination of the question has not revealed any factor of such a kind as to affect the validity of Article 2(a) of Directive 90/435 read in conjunction with point (f) of the annex thereto and Article 5(1) of that directive.






(1)  OJ C 223, 30.08.2008.
Case C-502/08: Judgment of the Court (Seventh Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2005/60/EC — Prevention of the use of the financial system for the purpose of money laundering and terrorist financing — Failure to transpose completely — Failure to communicate the measures to transpose the directive)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, financing, fine, money laundering, terrorism








C_2009282EN.01001302.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/13





Judgment of the Court (Seventh Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-502/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/60/EC - Prevention of the use of the financial system for the purpose of money laundering and terrorist financing - Failure to transpose completely - Failure to communicate the measures to transpose the directive)
2009/C 282/24
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: P. Dejmek and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain (represented by:J. López-Medel Bascones, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, p. 15)

Operative part of the judgment

The Court:






1.


declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, and by failing to communicate to the Commission of the European Communities, the provisions of national law intended to contribute to ensuring such compliance, the Kingdom of Spain has failed to fulfil its obligations under Article 45 of that directive;










2.


orders the Kingdom of Spain to pay the costs.






(1)  OJ C 6, 10.01.2009.
Case C-3/08: Judgment of the Court (Fourth Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Tribunal du travail de Nivelles — Belgium) — Ketty Leyman v Institut national d’assurance maladie-invalidité (INAMI) (Reference for a preliminary ruling — Social security schemes — Invalidity benefits — Regulation (EEC) No 1408/71 — Article 40(3) — Different benefit schemes in the Member States — Disadvantages for migrant workers — Contributions on which there is no return)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: free movement of workers, incapacity for work, interpretation of the law, social-security benefit








C_2009282EN.01000701.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/7





Judgment of the Court (Fourth Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Tribunal du travail de Nivelles — Belgium) — Ketty Leyman v Institut national d’assurance maladie-invalidité (INAMI)
(Case C-3/08) (1)

(Reference for a preliminary ruling - Social security schemes - Invalidity benefits - Regulation (EEC) No 1408/71 - Article 40(3) - Different benefit schemes in the Member States - Disadvantages for migrant workers - Contributions on which there is no return)
2009/C 282/11
Language of the case: French

Referring court

Tribunal du travail de Nivelles

Parties to the main proceedings


Applicant: Ketty Leyman

Defendant: Institut national d’assurance maladie-invalidité (INAMI)

Re:

Reference for a preliminary ruling — Tribunal du travail de Nivelles (Belgium) — Lawfulness, in the light of Article 18 EC, of Council Regulation No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1971 149, p. 2) as amended — Invalidity allowance — Obstacle to the exercise of free movement as a result of the existence of different indemnification schemes

Operative part of the judgment

Article 39 EC must be interpreted as precluding application by the competent authorities of a Member State of national legislation which, in accordance with Article 40(3)(b) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005, makes acquisition of the right to invalidity benefits subject to the condition that a period of primary incapacity of one year has elapsed, where such application has the result that a migrant worker has paid into the social security scheme of that Member State contributions on which there is no return and is therefore at a disadvantage by comparison with a non-migrant worker.


(1)  OJ C 79, 29.3.2008.
Euro exchange rates
Date: 2009-10-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2009236EN.01000201.xml










1.10.2009   


EN


Official Journal of the European Union


C 236/2





Euro exchange rates (1)

30 September 2009
2009/C 236/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4643




JPY


Japanese yen


131,07




DKK


Danish krone


7,4443




GBP


Pound sterling


0,90930




SEK


Swedish krona


10,2320




CHF


Swiss franc


1,5078




ISK


Iceland króna


 




NOK


Norwegian krone


8,4600




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,164




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


269,70




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7079




PLN


Polish zloty


4,2295




RON


Romanian leu


4,2180




TRY


Turkish lira


2,1734




AUD


Australian dollar


1,6596




CAD


Canadian dollar


1,5709




HKD


Hong Kong dollar


11,3485




NZD


New Zealand dollar


2,0287




SGD


Singapore dollar


2,0654




KRW


South Korean won


1 723,95




ZAR


South African rand


10,8984




CNY


Chinese yuan renminbi


9,9958




HRK


Croatian kuna


7,2580




IDR


Indonesian rupiah


14 130,03




MYR


Malaysian ringgit


5,0679




PHP


Philippine peso


69,318




RUB


Russian rouble


43,9800




THB


Thai baht


48,988




BRL


Brazilian real


2,6050




MXN


Mexican peso


19,7454




INR


Indian rupee


70,0010






(1)  Source: reference exchange rate published by the ECB.
Case C-252/08: Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Republic of Malta (Failure of a Member State to fulfil obligations — Pollution and nuisance — Combustion plants — Limitation of emissions of certain pollutants into the air)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: European Commission, Malta, action for failure to fulfil an obligation, air quality, combustion gases, environmental monitoring, industrial pollution, pollution control








C_2009282EN.01001103.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/11





Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Republic of Malta
(Case C-252/08) (1)

(Failure of a Member State to fulfil obligations - Pollution and nuisance - Combustion plants - Limitation of emissions of certain pollutants into the air)
2009/C 282/20
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: L. Flynn and A. Alcover San Pedro, Agents)

Defendant: Republic of Malta (represented by: S. Camilleri, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(1) in conjunction with Annexes IV A, VI A and VII A, and of Article 12 in conjunction with Annexe VIII A.2 of Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ 2001 L 309, p. 1) — Non-compliance with the emission limit values laid down in respect of sulphur dioxide, nitrogen oxides and dust — Delimara and Marsa installations

Operative part of the judgment

The Court:






1.


Declares that, by failing correctly to apply Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants in relation to the operation of the Phase One steam plant of the Delimara and Marsa power stations, the Republic of Malta has failed to fulfil its obligations under Articles 4(1) and 12 of that directive in conjunction with Part A of Annex IV, Part A of Annex VI, Part A of Annex VII and Part A.2 of Annex VIII thereto;










2.


Orders the Republic of Malta to pay the costs.






(1)  OJ C 197, 2.08.2008.
Case C-552/08P P: Order of the Court of 1 October 2009 — Agrar-Invest-Tatschl GmbH v Commission of the European Communities (Appeal — Customs Code — Article 220(2)(b) — Post-clearance recovery of import duties — Waiver of subsequent entry in the accounts of import duties — Notice to importers — Good faith)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: CCT duties, Croatia, European Commission, appeal, customs regulations, import, sugar








C_2010011EN.01001102.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/11





Order of the Court of 1 October 2009 — Agrar-Invest-Tatschl GmbH v Commission of the European Communities
(Case C-552/08P P) (1)

(Appeal - Customs Code - Article 220(2)(b) - Post-clearance recovery of import duties - Waiver of subsequent entry in the accounts of import duties - Notice to importers - Good faith)
2010/C 11/19
Language of the case: German

Parties


Appellant: Agrar-Invest-Tatschl GmbH (represented by: O. Wenzlaff, Rechtsanwält)

Other party to the proceedings: Commission of the European Communities (represented by: S. Schønberg, agent and B. Wägenbaur, Rechtsanwält)

Re:

Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 8 October 2008 in Case T-51/07 Agrar-Invest-Tatschl v Commission, by which the Court dismissed the action for partial annulment of Commission Decision C (2006) 5789 final of 4 December 2006 finding that post-clearance recovery of a part of the import duty not demanded from the applicant in respect of the import of sugar from Croatia should be effected — Good faith of the person liable to duty precluded if the Commission has published a notice to importers — Incorrect assessment of the effect which the subsequent confirmation of the authenticity and accuracy of the certificates of origin by the customs authorities of the State of export has on the criterion of good faith

Operative part of the order

The Court:






1.


Dismisses the appeal.










2.


Orders Agrar-Invest-Tatschl GmbH to pay the costs.






(1)  OJ C 55, 7.3.2009.
Case C-575/08: Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: Belgium, action for failure to fulfil an obligation, company with share capital, frontier worker, internal border of the EU, merger








C_2009282EN.01001501.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/15





Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-575/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period)
2009/C 282/27
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: V. Peere and P. Dejmek, acting as Agents)

Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to take or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 44, 21.02.2009.
Prior notification of a concentration (Case COMP/M.5632 — Pepsico/Pepsi Americas) Text with EEA relevance
Date: 2009-10-01
Institutions: European Commission
Subjects: beverage, bottling, economic concentration, exchange of information, food industry, merger control








C_2009236EN.01002201.xml










1.10.2009   


EN


Official Journal of the European Union


C 236/22





Prior notification of a concentration
(Case COMP/M.5632 — Pepsico/Pepsi Americas)
(Text with EEA relevance)
2009/C 236/08






1.


On 21 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 Pepsico (USA) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of Pepsi Americas (USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Pepsico: food and beverage in over 200 countries,










—


for Pepsi Americas: bottling mostly Pepsico beverages with operations in USA, Central and Eastern Europe, the Caribbean and Central America.














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.5632 — Pepsico/Pepsi Americas, 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.