do-me/EUR-LEX huggingface dataset:
Case C-401/09 P: Appeal brought on 3 October 2009 by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE against the order of the Court of First Instance (Fourth Chamber) delivered on 2 July 2009 in Case T-279/06: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v Banque centrale européenne BCE
Date: 2009-10-03
Institutions: Court of Justice
Subjects: European Central Bank, General Court (EU), action for annulment (EU), admissibility, award of contract, tendering








C_2010011EN.01001402.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/14





Appeal brought on 3 October 2009 by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE against the order of the Court of First Instance (Fourth Chamber) delivered on 2 July 2009 in Case T-279/06: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v Banque centrale européenne BCE
(Case C-401/09 P)
2010/C 11/25
Language of the case: English

Parties


Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis and M. Dermitzakis, Δικηγόροι)

Other party to the proceedings: European Central Bank

Form of order sought

The applicant claims that the Court should:






—


Set aside the decision of the Court of First Instance;










—


Annul the decision of the European Central Bank to evaluate the applicant's bid as not successful and award the contract to the successful contractor;










—


Order ECB to pay the applicant's legal and other costs and expenses incurred in connection with the initial procedure, even if the current Appeal is rejected as well as those of the current Appeal, in case it is accepted.





Pleas in law and main arguments

The appellant submits that the defendant's objection of inadmissibility, submitted together with the defence, should have been declared inadmissible due to the fact that it does not comply with article 114 of the rules of procedure of the CFI which expressly provides that such an objection must be submitted ‘by a separate document’. The appellant also submits that, by accepting the objection of inadmissibility and failing to comment on the appellant's arguments with respect to the objection, the CFI infringed article 36 of the Statute of the Court of Justice.
In the appellant's view the CFI was wrong when it held that European Dynamics, because its bid was unacceptable, had no legal interest in seeking review of the decision of the contracting authority. The appellant also argues that the CFI erred by considering that it was necessary for the appellant to obtain an Arbeitnehmerüberlassungsgenehmigung (AÜG) in order to offer its services lawfully.
Finally the appellant submits that the CFI failed to apply the relevant legal provisions concerning the duty of the contracting authority to provide reasons for its decision.
Euro exchange rates
Date: 2009-10-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2009238EN.01000501.xml










3.10.2009   


EN


Official Journal of the European Union


C 238/5





Euro exchange rates (1)

2 October 2009
2009/C 238/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4537




JPY


Japanese yen


129,95




DKK


Danish krone


7,4449




GBP


Pound sterling


0,91720




SEK


Swedish krona


10,2490




CHF


Swiss franc


1,5107




ISK


Iceland króna


 




NOK


Norwegian krone


8,4470




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,454




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


268,65




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7083




PLN


Polish zloty


4,2438




RON


Romanian leu


4,2770




TRY


Turkish lira


2,1806




AUD


Australian dollar


1,6838




CAD


Canadian dollar


1,5856




HKD


Hong Kong dollar


11,2664




NZD


New Zealand dollar


2,0358




SGD


Singapore dollar


2,0583




KRW


South Korean won


1 707,07




ZAR


South African rand


11,2356




CNY


Chinese yuan renminbi


9,9234




HRK


Croatian kuna


7,2580




IDR


Indonesian rupiah


14 021,41




MYR


Malaysian ringgit


5,0581




PHP


Philippine peso


68,368




RUB


Russian rouble


43,9119




THB


Thai baht


48,655




BRL


Brazilian real


2,6046




MXN


Mexican peso


20,0138




INR


Indian rupee


69,4100






(1)  Source: reference exchange rate published by the ECB.
Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — deadline extension — Request made by a Member State
Date: 2009-10-03
Institutions: European Commission
Subjects: Italy, award of contract, financial services, opinion








C_2009238EN.01001801.xml










3.10.2009   


EN


Official Journal of the European Union


C 238/18





Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — deadline extension
Request made by a Member State
2009/C 238/09
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).
This request, made by the Italian Republic, concerns certain financial services (cf: the fourth indent of Article 6(2)(c) of Directive 2004/17/EC) in that country. The request was published in OJ C 168, 21.7.2009, p. 19. The initial deadline was 9 October 2009.
In accordance with the second sentence of Article 30(6), since the Commission needs to obtain and examine additional information, the period within which the Commission must take a decision on this request has been extended by three months.
The final deadline is therefore 9 January 2010.


(1)  OJ L 134, 30.4.2004, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVS) Text with EEA relevance
Date: 2009-10-03
Institutions: European Commission
Subjects: disclosure of information, economic concentration, electronic publishing, merger control, multimedia, postal service, publishing, restrictive-practice authorisation








C_2009238EN.01000402.xml










3.10.2009   


EN


Official Journal of the European Union


C 238/4





Non-opposition to a notified concentration
(Case COMP/M.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVS)
(Text with EEA relevance)
2009/C 238/03
On 28 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 German 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 32009M5594. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.5574 — IPIC/OMV/NOVA) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-10-03
Institutions: European Commission
Subjects: economic concentration, energy distribution, energy production, exchange of information, gas industry, investment company, merger control, oil industry, oil refining








C_2009238EN.01000701.xml










3.10.2009   


EN


Official Journal of the European Union


C 238/7





Prior notification of a concentration
(Case COMP/M.5574 — IPIC/OMV/NOVA)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 238/06






1.


On 25 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 undertakings International Petroleum Investment Company (‘IPIC’, United Arab Emirates) and OMV Aktiengesellschaft (‘OMV’, Austria) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking NOVA Chemicals Corporation (‘NOVA’, Canada) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for IPIC: investment company concentrating on petroleum refining and related upstream and downstream distribution and service networks,










—


for OMV: oil exploration and production, refining and distribution of mineral oil products, petrochemical industry, exploration, production and distribution of gas,










—


for NOVA: ethylene, polyethylene and chemical and energy co-products, styrene-based polymers.














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.5574 — IPIC/OMV/NOVA, 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.
Non-opposition to a notified concentration (Case COMP/M.5540 — Lion Capital/CEDC/Russian Alcohol Group) Text with EEA relevance
Date: 2009-10-03
Institutions: European Commission
Subjects: alcoholic beverage, disclosure of information, economic concentration, investment company, merger control, private investment, restrictive-practice authorisation








C_2009238EN.01000401.xml










3.10.2009   


EN


Official Journal of the European Union


C 238/4





Non-opposition to a notified concentration
(Case COMP/M.5540 — Lion Capital/CEDC/Russian Alcohol Group)
(Text with EEA relevance)
2009/C 238/02
On 4 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 32009M5540. EUR-Lex is the on-line access to the European law.
Notice of Implementation of the Competitiveness and Innovation Framework Programme (2007-2013) — SME Guarantee Facility (SMEG) and High Growth and Innovative SME Facility (GIF) — List of Participating Countries (Text with EEA relevance)
Date: 2009-10-03
Institutions: European Commission
Subjects: EU Member State, EU financing, competitiveness, financial instrument, innovation, investment, research programme, small and medium-sized enterprises, third country








C_2009238EN.01000601.xml










3.10.2009   


EN


Official Journal of the European Union


C 238/6





Notice of Implementation of the Competitiveness and Innovation Framework Programme (2007-2013)
SME Guarantee Facility (SMEG) and High Growth and Innovative SME Facility (GIF)
List of Participating Countries
(Text with EEA relevance)
2009/C 238/05
Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, United Kingdom
European Economic Area (EEA) countries: Iceland, Liechtenstein, Norway
Candidate countries: Croatia, The former Yugoslav Republic of Macedonia, Turkey
Countries of the Western Balkans: Montenegro, Serbia
(Reference: Notice 2007/C 226/02 published in 
Official Journal of the European Union C 226, 26.9.2007, page 2 and notice 2007/C 302/09 published in 
Official Journal of the European Union C 302, 14.12.2007, page 8)