do-me/EUR-LEX huggingface dataset:
Final Report of the Hearing Officer in Case COMP/M.4381 — JCI/VB/FIAMM (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 ) (Text with EEA relevance)
Date: 2009-10-08
Institutions: European Commission
Subjects: audit, commercial vehicle, dominant position, economic concentration, electricity storage device, merger control, motor car, report, restriction on competition








C_2009241EN.01001101.xml










8.10.2009   


EN


Official Journal of the European Union


C 241/11





Final Report of the Hearing Officer in Case COMP/M.4381 — JCI/VB/FIAMM

(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)

(Text with EEA relevance)
2009/C 241/05
On 26 October 2006, the Commission received a notification of a proposed concentration by which VB Autobatterie GmbH (‘VB’, Germany), an undertaking jointly controlled by Johnson Controls Inc. (USA) and Robert Bosch GmbH (Germany), acquires sole control of the automotive starter battery business of FIAMM SpA. (‘FIAMM SBB’, Italy).
Upon examination of the notification, the Commission concluded that the notified operation raised serious concerns as to its compatibility with the common market, and decided to initiate proceedings pursuant to Article 6(1)(c) of Council Regulation (EC) No 139/2004 on 4 December 2006.
Access to key documents was provided to the notifying party on 6 December 2006 and 12 December 2006, in accordance with paragraph 45 of DG Competition's Best Practices on the conduct of EC merger control proceedings.
The Commission sent a Statement of Objections to VB on 12 February 2007, to which VB and FIAMM each replied on 26 February 2007. The parties did not request a formal oral hearing.
VB was granted access to file upon issuance of the Statement of Objections. Further access to the results of the market investigation was granted throughout the procedure.
On 8 March 2007, the notifying party offered commitments designed to meet the competition concerns identified by the Commission in the Statement of Objections, and subsequently submitted a revised proposal for commitments on 29 March 2007.
In the light of the Commitments offered by the notifying party, the Commission has concluded that the proposed concentration does not significantly impede effective competition in the common market or a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, subject to the conditions set out in the Annex to the draft Decision.
In the light of the above, I consider that the rights to be heard of all participants to the present proceeding have been respected.

Brussels, 19 April 2007.

Karen WILLIAMS
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 — EFTA Surveillance Authority decision not to raise objections
Date: 2009-10-08
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Iceland, State aid, control of State aid, financial institution, real estate credit








C_2009241EN.01001601.xml










8.10.2009   


EN


Official Journal of the European Union


C 241/16





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
EFTA Surveillance Authority decision not to raise objections
2009/C 241/07







Date of adoption of the decision


:


27 March 2009




Case number


:


65140




EFTA State


:


Iceland




Title


:


Loan category of the Housing Financing Fund on lending to banks, saving banks and other financial institutions for the purpose of temporarily refinancing mortgage loans




Legal basis


:


Regulation (EC) No 715/2008 of 17 July 2008, amending Regulation (EC) No 458/1999 on the loan categories of the Housing Financing Fund, as subsequently replaced by Regulation (EC) No 57/2009 on the loan categories of the Housing Financing Fund




Objective


:


To remedy the serious disturbance in the economy




Form of aid


:


Asset swap




Budget


:


ISK 30 billion (approximately EUR 246 million)




Duration


:


Three months, subject to prolongations up to maximum 12 months, upon applicant’s request




Economic sectors


:


Banking and financial sector




Name and address of the granting authority


:







Housing Financing Fund




Borgartúni 21




105 Reykjavik




ICELAND








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/
Case T-408/09: Action brought on 8 October 2009 — ancotel v OHIM — Acotel (ancotel)
Date: 2009-10-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), telematics, trade-mark law








C_2009312EN.01003301.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/33





Action brought on 8 October 2009 — ancotel v OHIM — Acotel (ancotel)
(Case T-408/09)
2009/C 312/55
Language in which the application was lodged: German

Parties


Applicant: ancotel GmbH (Frankfurt am Main, Germany) (represented by: H. Truelsen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Acotel SpA (Rome, Italy)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 19 June 2009 in Case R 1385/2008 1;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: ancotel

Community trade mark concerned: the figurative mark ‘ancotel’ for services in Classes 35 and 38 (Application No 3 314 424)

Proprietor of the mark or sign cited in the opposition proceedings: Acotel SpA

Mark or sign cited in opposition: in particular the Italian figurative mark No 643 751 and the Community figurative mark No 1 442 268‘ACOTEL’ for goods and services in Classes 9 and 38

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no likelihood of confusion between the trade marks at issue


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EC) No 940/2009 of 8 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-08
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009265EN.01000101.xml










9.10.2009   


EN


Official Journal of the European Union


L 265/1








            COMMISSION REGULATION (EC) No 940/2009
of 8 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 9 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 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 


28,3 




TR 


71,2 




ZZ 


49,8 




0707 00 05 


TR 


114,4 




ZZ 


114,4 




0709 90 70 


TR 


111,0 




ZZ 


111,0 




0805 50 10 


AR 


96,4 




CL 


81,0 




TR 


79,4 




ZA 


101,1 




ZZ 


89,5 




0806 10 10 


BR 


188,8 




TR 


108,5 




US 


186,7 




ZZ 


161,3 




0808 10 80 


BR 


63,1 




CL 


86,6 




NZ 


79,1 




US 


80,3 




ZA 


72,6 




ZZ 


76,3 




0808 20 50 


CN 


41,0 




TR 


102,8 




ZA 


77,8 




ZZ 


73,9 






(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’.
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 — EFTA Surveillance Authority decision not to raise objections
Date: 2009-10-08
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, air transport, airline, carriage of passengers, charges for use of infrastructure, control of State aid, international transport, tariff reduction








C_2009241EN.01001701.xml










8.10.2009   


EN


Official Journal of the European Union


C 241/17





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
EFTA Surveillance Authority decision not to raise objections
2009/C 241/08







Date of adoption of the decision


:


31.3.2009




Case number


:


65827




EFTA State


:


Norway




Region


:


Nordland




Title (and/or name of the beneficiary)


:


Route Development Fund Bodø




Legal basis


:


Article 61(3)(c) EEA




Type of measure


:


Aid scheme




Objective


:


Creation of new international air routes to Bodø




Form of aid


:








(i)


Route-specific marketing support










(ii)


Development project aid










(iii)


Discount support for airport charges








Budget


:


NOK 12 million (approximately EUR 1,2 million)




Intensity costs


:


Aid cannot exceed 50 % of total eligible for a given year and total aid may not may not exceed an average of 40 % of eligible costs




Duration


:


Five years




Economic sectors


:


Passenger air transport




Name and address of the granting authority


:







Bodø Municipality




Postbox 319




8001 Bodø




NORWAY








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/
Euro exchange rates
Date: 2009-10-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2009241EN.01000801.xml










8.10.2009   


EN


Official Journal of the European Union


C 241/8





Euro exchange rates (1)

7 October 2009
2009/C 241/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4694




JPY


Japanese yen


130,68




DKK


Danish krone


7,4436




GBP


Pound sterling


0,92490




SEK


Swedish krona


10,3610




CHF


Swiss franc


1,5150




ISK


Iceland króna


 




NOK


Norwegian krone


8,3640




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,680




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


267,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7089




PLN


Polish zloty


4,2180




RON


Romanian leu


4,2685




TRY


Turkish lira


2,1625




AUD


Australian dollar


1,6512




CAD


Canadian dollar


1,5546




HKD


Hong Kong dollar


11,3879




NZD


New Zealand dollar


2,0025




SGD


Singapore dollar


2,0582




KRW


South Korean won


1 719,70




ZAR


South African rand


10,9850




CNY


Chinese yuan renminbi


10,0306




HRK


Croatian kuna


7,2855




IDR


Indonesian rupiah


13 853,11




MYR


Malaysian ringgit


5,0217




PHP


Philippine peso


68,474




RUB


Russian rouble


43,7065




THB


Thai baht


49,041




BRL


Brazilian real


2,5925




MXN


Mexican peso


19,8597




INR


Indian rupee


68,6060






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 944/2009 of 8 October 2009 fixing the maximum buying-in price for skimmed milk powder for the 3th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 733/2009
Date: 2009-10-08
Institutions: European Commission
Subjects: award of contract, intervention price, market intervention, maximum price, purchase price, skimmed milk powder








L_2009265EN.01000801.xml










9.10.2009   


EN


Official Journal of the European Union


L 265/8








            COMMISSION REGULATION (EC) No 944/2009
of 8 October 2009
         
fixing the maximum buying-in price for skimmed milk powder for the 3th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 733/2009


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 43, in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EC) No 733/2009 (2) has opened buying-in of skimmed milk powder by a tendering procedure for the period expiring on 30 November 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder (3).












(2)


In the light of the tenders received in response to individual invitations to tender, a maximum buying-in price is to be fixed or a decision to make no award is to be taken, in accordance with Article 17 of Regulation (EC) No 214/2001.












(3)


In the light of the tenders received for the 3th individual invitation to tender, a maximum buying-in price should be fixed.












(4)


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 3th individual invitation to tender for the buying-in of skimmed milk powder within the tendering procedure opened by Regulation (EC) No 733/2009, in respect of which the time limit for the submission of tenders expired on 6 October 2009, the maximum buying-in price shall be EUR 167,90/100 kg.


Article 2
This Regulation shall enter into force on 9 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 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 208, 12.8.2009, p. 5.

(3)  
            OJ L 37, 7.2.2001, p. 100.
Commission Regulation (EC) No 943/2009 of 8 October 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: 2009-10-08
Institutions: European Commission
Subjects: award of contract, export refund, milk product, skimmed milk powder








L_2009265EN.01000701.xml










9.10.2009   


EN


Official Journal of the European Union


L 265/7








            COMMISSION REGULATION (EC) No 943/2009
of 8 October 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 6 October 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 6 October 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 9 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Commission Regulation (EC) No 942/2009 of 8 October 2009 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-10-08
Institutions: European Commission
Subjects: award of contract, butter, butter oil, export refund








L_2009265EN.01000501.xml










9.10.2009   


EN


Official Journal of the European Union


L 265/5








            COMMISSION REGULATION (EC) No 942/2009
of 8 October 2009
         
fixing the maximum export refund for butter 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 6 October 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 6 October 2009, the maximum amount of refund for the products and destinations referred to in Article 1(a) and (b) and in Article 2 respectively of that Regulation shall be as shown in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 9 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.




ANNEX







(EUR/100 kg)




Product


Export refund Code


Maximum amount of export refund for exports to the destinations referred to in Article 2 of Regulation (EC) No 619/2008




Butter


ex ex 0405 10 19 9700 


70,00 




Butteroil


ex ex 0405 90 10 9000 


84,50