do-me/EUR-LEX huggingface dataset:
Case C-554/08 P: Judgment of the Court (Fourth Chamber) of 12 November 2009 — Le Carbone-Lorraine SA v Commission of the European Communities (Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — Market for electrical and mechanical carbon and graphite products — Article 15(2) of Regulation No 17 — Setting the amount of the fine — Gravity of the infringement — Cooperation during the administrative procedure — Principle of the individual nature of penalties — Equal treatment — Principle of proportionality)
Date: 2009-11-12
Institutions: Court of Justice
Subjects: General Court (EU), appeal, carbon, competition, electrical equipment, equal treatment, principle of proportionality








C_2010011EN.01000502.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/5





Judgment of the Court (Fourth Chamber) of 12 November 2009 — Le Carbone-Lorraine SA v Commission of the European Communities
(Case C-554/08 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - Market for electrical and mechanical carbon and graphite products - Article 15(2) of Regulation No 17 - Setting the amount of the fine - Gravity of the infringement - Cooperation during the administrative procedure - Principle of the individual nature of penalties - Equal treatment - Principle of proportionality)
2010/C 11/08
Language of the case: French

Parties


Appellant: Le Carbone-Lorraine SA (represented by: A. Winckler and H. Kanellopoulos, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre and E. Gippini Fournier, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 8 October 2008 in Case T-73/04 Carbone-Lorraine v Commission, in which the Court dismissed the application brought by the appellant for the annulment of Commission Decision 2004/420/EC of 3 December 2003 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement concerning an agreement in the market for electrical and mechanical carbon and graphite products, and, in the alternative, annulment or reduction of the fine imposed on the appellant — Breach of the principle of the individual nature of penalties — Method for setting the amount of the fine imposed — Constant and close cooperation during the administrative procedure — Principles of proportionality and of equal treatment

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Le Carbone-Lorraine SA to pay the costs.






(1)  OJ C 44 of 21.02.2009
Case C-220/09: Order of the President of the Court of 12 November 2009 — Commission of the European Communities v Republic of Malta
Date: 2009-11-12
Institutions: Court of Justice
Subjects: European Commission, Malta, action for failure to fulfil an obligation, application of EU law, approximation of laws, consumer protection, dissemination of information, national law








C_2010051EN.01002903.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/29





Order of the President of the Court of 12 November 2009 — Commission of the European Communities v Republic of Malta
(Case C-220/09) (1)

2010/C 51/55

Language of the case: Maltese

The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 193, 15.8.2009.
Case T-263/09: Order of the Court of First Instance of 12 November 2009 — Mannatech v OHIM (BOUNCEBACK)
Date: 2009-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, trade-mark law








C_2010011EN.01003902.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/39





Order of the Court of First Instance of 12 November 2009 — Mannatech v OHIM (BOUNCEBACK)
(Case T-263/09) (1)

2010/C 11/75

Language of the case: English

The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 205, 29.8.2009.
Case C-7/09: Judgment of the Court (Sixth Chamber) of 12 November 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2006/86/EC — Traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells — Failure to transpose within the prescribed periods)
Date: 2009-11-12
Institutions: Court of Justice
Subjects: Belgium, European Community, action for failure to fulfil an obligation, free movement of goods, stem cell, storage








C_2010011EN.01000602.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/6





Judgment of the Court (Sixth Chamber) of 12 November 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-7/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/86/EC - Traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells - Failure to transpose within the prescribed periods)
2010/C 11/10
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: C. Cattabriga and J. Sénéchal, acting as Agents)

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

Re:

Failure of a Member State to fulfil its obligations — Failure to have adopted or communicated, within the prescribed time-limit, the measures necessary to comply with Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells (OJ 2006 L 294, p. 32)

Operative part of the judgment

The Court:






1.


declares that, by not adopting within the period prescribed in the first subparagraph of Article 11(1) of Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells all the laws, regulations and administrative provisions necessary to comply with that directive, 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 69, 21.03.2009.
Prior notification of a concentration (Case COMP/M.5691 — Mubadala/Veolia Eau/Azaliya) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-11-12
Institutions: European Commission
Subjects: direct investment, economic concentration, exchange of information, merger control, water management, water treatment








C_2009271EN.01001701.xml










12.11.2009   


EN


Official Journal of the European Union


C 271/17





Prior notification of a concentration
(Case COMP/M.5691 — Mubadala/Veolia Eau/Azaliya)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 271/08






1.


On 4 November 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 MDC — V Holdings Sarl (‘MDC’ United Arab Emirates), belonging to the Mubadala Development Company PJSC (‘Mubadala’ United Arab Emirates) and Veolia Eau Compagnie Générale des Eaux S.C.A. (‘Veolia Eau’ France) belonging to Veolia Environment (‘VE’ France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Azaliya (‘Azaliya’ France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Mubadala: private direct principal investments,










—


for Veolia Eau: water supply services and wastewater treatment,










—


for Azaliya: outsourced management of water supply and water treatment solutions.














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.5691 — Mubadala/Veolia Eau/Azaliya, 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 T-438/07: Judgment of the Court of First Instance of 12 November 2009 — Spa Monopole v OHIM — De Francesco Import (SpagO) (Community trade mark — Opposition proceedings — Application for Community word mark SpagO — Earlier national word mark SPA — Relative ground for refusal — No damage to reputation — Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009))
Date: 2009-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, non-alcoholic beverage, trade-mark law








C_2010011EN.01002403.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/24





Judgment of the Court of First Instance of 12 November 2009 — Spa Monopole v OHIM — De Francesco Import (SpagO)
(Case T-438/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark SpagO - Earlier national word mark SPA - Relative ground for refusal - No damage to reputation - Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009))
2010/C 11/47
Language of the case: German

Parties


Applicant: Spa Monopole, compagnie fermière de Spa SA/NV, (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu, É. De Gryse, D. Moreau, J. Pagenberg, A. von Mühlendahl and S. Abel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: De Francesco Import GmbH, (Nuremberg, Germany) (represented by: D. Terheggen and H. Lindner, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 September 2007 (Case R 1285/2006-2), relating to opposition proceedings between De Francesco Import GmbH and Spa Monopole, compagnie fermière de Spa SA/NV.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


orders Spa Monopole, compagnie fermière de Spa SA/NV to pay the costs.






(1)  OJ C 37, 9.2.2008.
Case C-564/08 P: Judgment of the Court (Fourth Chamber) of 12 November 2009 — SGL Carbon AG v Commission of the European Communities (Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — Market for electrical and mechanical carbon and graphite products — Article 15(2) of Regulation No 17 — Guidelines on the method of setting fines — Turnover and share of the relevant market — Value of captive use — Principle of equal treatment — Principle of proportionality)
Date: 2009-11-12
Institutions: Court of Justice
Subjects: European Commission, Germany, appeal, carbon, electrical equipment, electrical process, fine, judgment of the Court (EU)








C_2010011EN.01000601.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/6





Judgment of the Court (Fourth Chamber) of 12 November 2009 — SGL Carbon AG v Commission of the European Communities
(Case C-564/08 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - Market for electrical and mechanical carbon and graphite products - Article 15(2) of Regulation No 17 - Guidelines on the method of setting fines - Turnover and share of the relevant market - Value of ‘captive’ use - Principle of equal treatment - Principle of proportionality)
2010/C 11/09
Language of the case: German

Parties


Appellant: SGL Carbon (represented by: M. Klusmann, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre and W. Mölls, Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 8 October 2008 in Case T-68/04 SGL Carbon v Commission, in which the Court of First Instance dismissed the application brought by the appellant for the annulment of Commission Decision 2004/420/EC of 3 December 2003 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement concerning an agreement in the market for electrical and mechanical carbon and graphite products and, in the alternative, an application for the reduction of the fine imposed on the appellant — Failure to take into consideration, by classifying it as a new complaint that is inadmissible, the appellant’s argument concerning the taking into account of the value of the captive use in calculating the turnover and market shares of the undertakings concerned — Infringement of the principles of proportionality and equal treatment

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Carbon AG to pay the costs.






(1)  OJ C 69 of 21.03.2009
Non-opposition to a notified concentration (Case COMP/M.5555 — Novartis/Ebewe) Text with EEA relevance
Date: 2009-11-12
Institutions: European Commission
Subjects: disclosure of information, economic concentration, health care, health costs, merger control, pharmaceutical industry, pharmaceutical product, restrictive-practice authorisation, vaccine








C_2009271EN.01000502.xml










12.11.2009   


EN


Official Journal of the European Union


C 271/5





Non-opposition to a notified concentration
(Case COMP/M.5555 — Novartis/Ebewe)
(Text with EEA relevance)
2009/C 271/04
On 22 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 32009M5555. EUR-Lex is the on-line access to the European law.
Case C-12/09: Judgment of the Court (Seventh Chamber) of 12 November 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2006/17/EC — Technical requirements for the donation, procurement and testing of human tissues and cells — Failure to transpose within the prescribed period)
Date: 2009-11-12
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, donation, stem cell








C_2010011EN.01000701.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/7





Judgment of the Court (Seventh Chamber) of 12 November 2009 — Commission of the European Communities v Italian Republic
(Case C-12/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/17/EC - Technical requirements for the donation, procurement and testing of human tissues and cells - Failure to transpose within the prescribed period)
2010/C 11/11
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: C. Cattabriga and S. Mortoni, acting as Agents)

Defendant: Italian Republic (represented by: I. Bruni, acting as Agent, F. Arena, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells (OJ 2006 L 38, p. 40)

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 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells, the Italian Republic has failed to fulfil its obligations under the first subparagraph of Article 7(1) of Directive 2006/17;










2.


orders the Italian Republic to pay the costs.






(1)  OJ C 55, 07.03.2009.
Case C-44/09: Order of the President of the Eighth Chamber of the Court of 12 November 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-11-12
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, equal treatment, gender equality, provision of services








C_2010063EN.01004401.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/44





Order of the President of the Eighth Chamber of the Court of 12 November 2009 — Commission of the European Communities v Hellenic Republic
(Case C-44/09) (1)

2010/C 63/71

Language of the case: Greek

The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 69, 21.3.2009.
Case C-530/08: Order of the President of the Sixth Chamber of the Court of 12 November 2009 — Commission of the European Communities v Republic of Hungary
Date: 2009-11-12
Institutions: Court of Justice
Subjects: European Commission, Hungary, action for failure to fulfil an obligation, fine, health care profession, professional qualifications, recognition of vocational training qualifications, town-planning profession








C_2010063EN.01004304.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/43





Order of the President of the Sixth Chamber of the Court of 12 November 2009 — Commission of the European Communities v Republic of Hungary
(Case C-530/08) (1)

2010/C 63/70

Language of the case: Hungarian

The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 19, 24.1.2009.
Euro exchange rates
Date: 2009-11-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2009271EN.01000601.xml










12.11.2009   


EN


Official Journal of the European Union


C 271/6





Euro exchange rates (1)

11 November 2009
2009/C 271/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,5037




JPY


Japanese yen


135,11




DKK


Danish krone


7,4406




GBP


Pound sterling


0,90290




SEK


Swedish krona


10,2233




CHF


Swiss franc


1,5104




ISK


Iceland króna


 




NOK


Norwegian krone


8,3600




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,379




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


269,27




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7088




PLN


Polish zloty


4,1221




RON


Romanian leu


4,2970




TRY


Turkish lira


2,2098




AUD


Australian dollar


1,6133




CAD


Canadian dollar


1,5693




HKD


Hong Kong dollar


11,6538




NZD


New Zealand dollar


2,0278




SGD


Singapore dollar


2,0849




KRW


South Korean won


1 741,17




ZAR


South African rand


11,0399




CNY


Chinese yuan renminbi


10,2641




HRK


Croatian kuna


7,2853




IDR


Indonesian rupiah


14 126,32




MYR


Malaysian ringgit


5,0772




PHP


Philippine peso


70,256




RUB


Russian rouble


43,0800




THB


Thai baht


50,051




BRL


Brazilian real


2,5639




MXN


Mexican peso


19,7323




INR


Indian rupee


69,6360






(1)  Source: reference exchange rate published by the ECB.
Case C-495/08: Judgment of the Court (Sixth Chamber) of 12 November 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of projects on the environment — Obligation to give reasons for a decision not to make a project subject to an assessment)
Date: 2009-11-12
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, environmental impact, impact study, mining extraction








C_2010011EN.01000501.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/5





Judgment of the Court (Sixth Chamber) of 12 November 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-495/08) (1)

(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of projects on the environment - Obligation to give reasons for a decision not to make a project subject to an assessment)
2010/C 11/07
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: P. Oliver and J.-B. Laignelot, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: L. Seeboruth and H. Walker, Agents, and by J. Maurici, Barrister)

Re:

Failure of a Member State to fulfil obligations — Infringement of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40) — Requirement to give reasons for a decision not to make a project subject to an assessment

Operative part of the judgment

The Court:






1.


Declares that, by failing to make applications for Review of Mineral Planning lodged in Wales prior to 15 November 2000 subject to the requirements of Articles 2(1) and 4(2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.






(1)  OJ C 32, 7.2.2009.