do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5633 — Pepsico/The Pepsico Bottling Group) 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.01002301.xml










1.10.2009   


EN


Official Journal of the European Union


C 236/23





Prior notification of a concentration
(Case COMP/M.5633 — Pepsico/The Pepsico Bottling Group)
(Text with EEA relevance)
2009/C 236/09






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 The Pepsico Bottling Group (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 The Pepsico Bottling Group: bottling mostly Pepsico beverages with operations in USA, Mexico, Canada, Spain, Russia, Greece and Turkey.














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.5633 — Pepsico/The Pepsico Bottling Group, 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.
Case C-549/08: Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2006/70/EC — Money laundering and terrorist financing — Failure to transpose within the period prescribed)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: EU law, Ireland, action for failure to fulfil an obligation, customers, fine








C_2009282EN.01001402.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/14





Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v Ireland
(Case C-549/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/70/EC - Money laundering and terrorist financing - Failure to transpose within the period prescribed)
2009/C 282/26
Language of the case: English

Parties


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

Defendant: Ireland (represented by: D. O’Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to have adopted, within the prescribed period, the measures necessary to comply with Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis (OJ 2008 L 214, p. 29)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis, Ireland has failed to fulfil its obligations under that directive;










2.


Orders Ireland to pay the costs.






(1)  OJ C 55, 07.03.2009.
Case C-567/07: Judgment of the Court (First Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Raad van State — Netherlands) — Minister voor Wonen, Wijken en Integratie v Woningstichting Sint Servatius (Free movement of capital — Article 56 EC — Restrictions — Justification — Housing policy — Services of general economic interest)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: Netherlands, free movement of capital, interpretation of the law, service industry, subsidised housing








C_2009282EN.01000601.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/6





Judgment of the Court (First Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Raad van State — Netherlands) — Minister voor Wonen, Wijken en Integratie v Woningstichting Sint Servatius
(Case C-567/07) (1)

(Free movement of capital - Article 56 EC - Restrictions - Justification - Housing policy - Services of general economic interest)
2009/C 282/09
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Minister voor Wonen, Wijken en Integratie

Defendant: Woningstichting Sint Servatius

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of Articles 56 EC, 58 EC, 86(2) EC, 87 EC and 88 EC — National legislation which, in the absence of prior authorisation by the Minister concerned, prohibits cross-border activities on the part of an undertaking required by statute to operate in furtherance of the housing policy of the Member State in question — Housing policy and public interest

Operative part of the judgment

Article 56 EC must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which makes the exercise of cross-frontier activities of institutions approved under Article 70(1) of the Housing Law (Woningwet) in relation to housing matters subject to prior administrative authorisation, in so far as such legislation is not based on objective, non-discriminatory criteria which are known in advance and which are capable of adequately circumscribing the exercise by the national authorities of their discretion, a matter which falls to be determined by the national court.


(1)  OJ C 64, 8.3.2008.
Case C-468/08: Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Recognition of professional qualifications — Directive 2005/36/EC — Failure to transpose)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: Basque Country, incapacity for work, interpretation of the law, occupational disease, parental leave, working time








C_2009282EN.01001202.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/12





Judgment of the Court (Sixth Chamber) of 1 October 2009 — Commission of the European Communities v French Republic
(Case C-468/08) (1)

(Failure of a Member State to fulfil obligations - Recognition of professional qualifications - Directive 2005/36/EC - Failure to transpose)
2009/C 282/22
Language of the case: French

Parties


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

Defendant: French Republic (represented by: G. de Bergues and B. Messmer, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22) or to inform thereof

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the French Republic has failed to fulfil its obligations under Article 63 of that directive;










2.


orders the French Republic to pay the costs.






(1)  OJ C 6, 10.01.2009.
Case C-100/09: Judgment of the Court (Seventh Chamber) of 1 October 2009 — Commission of the European Communities v Czech Republic (Failure of a Member State to fulfil obligations — Directive 2007/14/EC — Detailed rules for the implementation of certain provisions of Directive 2004/109/EC — Failure to transpose within the prescribed period)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: Czechia, action for failure to fulfil an obligation, disclosure of information, property market, securities








C_2009282EN.01001602.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/16





Judgment of the Court (Seventh Chamber) of 1 October 2009 — Commission of the European Communities v Czech Republic
(Case C-100/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2007/14/EC - Detailed rules for the implementation of certain provisions of Directive 2004/109/EC - Failure to transpose within the prescribed period)
2009/C 282/31
Language of the case: Czech

Parties


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

Defendant: Czech Republic (represented by: M. Smolek, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the provisions necessary to comply with Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (OJ 2007 L 69, p. 27)

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 Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, the Czech Republic has failed to fulfil its obligations under Article 24 of that directive;










2.


orders the Czech Republic to pay the costs.






(1)  OJ C 113, 16.05.2009.
Case C-569/07: Judgment of the Court (Second Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Special Commissioners of Income Tax, London –United Kingdom) — HSBC Holdings plc, Vidacos Nominees Ltd v The Commissioners of Her Majesty’s Revenue & Customs (Indirect taxation — Raising of capital — Levying of a duty of 1,5 % on the transfer or issue of shares into a clearance service)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: United Kingdom, bank, interpretation of the law, share, tax system








C_2009282EN.01000602.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/6





Judgment of the Court (Second Chamber) of 1 October 2009 (Reference for a preliminary ruling from the Special Commissioners of Income Tax, London –United Kingdom) — HSBC Holdings plc, Vidacos Nominees Ltd v The Commissioners of Her Majesty’s Revenue & Customs
(Case C-569/07) (1)

(Indirect taxation - Raising of capital - Levying of a duty of 1,5 % on the transfer or issue of shares into a clearance service)
2009/C 282/10
Language of the case: English

Referring court

Special Commissioners of Income Tax, London

Parties to the main proceedings


Applicant: HSBC Holdings plc, Vidacos Nominees Ltd

Defendant: The Commissioners of Her Majesty’s Revenue & Customs

Re:

Reference for a preliminary ruling — Special Commissioners of Income Tax, London — Interpretation of Articles 10 and 11 of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ 1969 L 249, p. 5), as amended by Council Directive 85/303/EEC of 10 June 1985 (OJ 1985 L 156, p. 23), and of Articles 43, 49 and 56 EC — Offer by a company (‘A’) established in a Member State to acquire the shares of a company (‘B’) established in another Member State in exchange for the issue of shares in company A on the stock market of the other Member State — Imposition of a duty of 1.5 % on the transfer or issuing of shares in a clearance service

Operative part of the judgment

Article 11(a) of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital, as amended by Council Directive 85/303/EEC of 10 June 1985, must be interpreted as meaning that it prohibits the levying of a duty, such as that at issue in the main proceedings, on the issue of shares into a clearance service.


(1)  OJ C 64, 8.3.2008.
Commission Regulation (EC) No 917/2009 of 1 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-01
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009259EN.01000101.xml










2.10.2009   


EN


Official Journal of the European Union


L 259/1








            COMMISSION REGULATION (EC) No 917/2009
of 1 October 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 2 October 2009.




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


29,8 




ZZ 


29,8 




0707 00 05 


TR 


114,4 




ZZ 


114,4 




0709 90 70 


TR 


110,2 




ZZ 


110,2 




0805 50 10 


AR 


96,7 




CL 


103,4 




TR 


77,4 




UY 


88,0 




ZA 


75,0 




ZZ 


88,1 




0806 10 10 


BR 


195,6 




EG 


159,5 




TR 


92,9 




US 


152,0 




ZZ 


150,0 




0808 10 80 


CL 


85,7 




NZ 


67,1 




US 


83,8 




ZA 


74,1 




ZZ 


77,7 




0808 20 50 


AR 


82,8 




CN 


62,5 




TR 


99,5 




ZA 


74,6 




ZZ 


79,9 






(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 C-370/07: Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Council of the European Union (Action for annulment — Establishment of the positions to be adopted on behalf of the Community in a body established by a convention — Obligation to state reasons — Reference to the legal basis — 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES))
Date: 2009-10-01
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, action for annulment (EU), animal life, international convention, international trade, plant life, protected species








C_2009282EN.01000401.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/4





Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Council of the European Union
(Case C-370/07) (1)

(Action for annulment - Establishment of the positions to be adopted on behalf of the Community in a body established by a convention - Obligation to state reasons - Reference to the legal basis - 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES))
2009/C 282/05
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: G. Valero Jordana and C. Zadra, Agents)

Defendant: Council of the European Union (represented by: J.-P. Jacqué, F. Florindo Gijón and K. Michoel, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and I. Rao, Agents, and D. Wyatt QC)

Re:

Annulment of the Council Decision of 24 May 2007 establishing the position to be adopted on behalf of the European Community with regard to certain proposals submitted to the 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Hague, Netherlands, 3-15 June 2007 — Choice of legal basis

Operative part of the judgment

The Court:






1.


Annuls the decision of the Council of the European Union of 24 May 2007 establishing the position to be adopted on behalf of the European Community with regard to certain proposals submitted at the 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), The Hague (Netherlands), 3 to 15 June 2007.










2.


Maintains in force the effects of the annulled decision.










3.


Orders the Council of the European Union to pay the costs.










4.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.






(1)  OJ C 223, 22.09.2007.
Non-opposition to a notified concentration (Case COMP/M.5613 — Piraeus Bank/BNP Paribas/Greek JV/Swiss JV) Text with EEA relevance
Date: 2009-10-01
Institutions: European Commission
Subjects: Greece, bank, disclosure of information, economic concentration, financial institution, heritage protection, investment transaction, merger control, restrictive-practice authorisation








C_2009236EN.01000101.xml










1.10.2009   


EN


Official Journal of the European Union


C 236/1





Non-opposition to a notified concentration
(Case COMP/M.5613 — Piraeus Bank/BNP Paribas/Greek JV/Swiss JV)
(Text with EEA relevance)
2009/C 236/01
On 24 September 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 32009M5613. EUR-Lex is the on-line access to the European law.
Case C-219/08: Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Freedom to provide services — Unjustified obstacle — Posting of workers who are nationals of non-member States)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, economic discrimination, freedom to provide services, migrant worker, residence permit, restriction on competition








C_2009282EN.01001101.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/11





Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-219/08) (1)

(Failure of a Member State to fulfil obligations - Freedom to provide services - Unjustified obstacle - Posting of workers who are nationals of non-member States)
2009/C 282/18
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: E. Traversa, J.-P. Keppenne and G. Rozet, Agents)

Defendant: Kingdom of Belgium (represented by: C. Pochet, Agent, and M. Detry, avocat)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Unjustified obstacle to the free provision of services — Posting of workers who are nationals of third countries

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Commission of the European Communities and the Kingdom of Belgium each to bear its own costs..






(1)  OJ C 183, 19.07.2008.
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
Date: 2009-10-01
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, aid system, audiovisual production, control of State aid, cultural promotion, film production








C_2009236EN.01000501.xml










1.10.2009   


EN


Official Journal of the European Union


C 236/5





Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
2009/C 236/05
The EFTA Surveillance Authority raises no objections to the following aid measure:







Date of adoption of the decision


:


31.3.2009




Case number


:


65120




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Aid schemes for audiovisual productions and development of screenplays and educational measures




Legal basis


:


Regulation for support to audiovisual productions
Regulation for support for screenplay development and educational measures
State budget 2009 (Chapter 0334 regarding film and media)




Type of measure


:


Scheme




Objective


:


Culture




Form of aid


:


Direct grants




Budget


:


NOK 321 million in 2008




Duration


:


Until 31 December 2014




Economic sectors


:


Cultural




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/