do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5633 — Pepsico/The Pepsico Bottling Group) Text with EEA relevance
Date: 2009-11-13
Institutions: European Commission
Subjects: beverage, bottling, disclosure of information, economic concentration, food industry, merger control, restrictive-practice authorisation








C_2009272EN.01001001.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/10





Non-opposition to a notified concentration
(Case COMP/M.5633 — Pepsico/The Pepsico Bottling Group)
(Text with EEA relevance)
2009/C 272/03
On 26 October 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 32009M5633. EUR-Lex is the on-line access to the European law.
Case T-301/07: Order of the Court of First Instance of 13 November 2009 — Lumenis v OHIM (FACES)
Date: 2009-11-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medical device, trade-mark law








C_2010011EN.01003802.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/38





Order of the Court of First Instance of 13 November 2009 — Lumenis v OHIM (FACES)
(Case T-301/07) (1)

2010/C 11/71

Language of the case: English

The President of the Court of First Instance (Third Chamber) has ordered that the case be removed from the register.


(1)  OJ C 247, 20.10.2007.
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance)
Date: 2009-11-13
Institutions: European Commission
Subjects: Greece, air transport, airline, inland transport, invitation to tender, public service, transport regulations








C_2009272EN.01002001.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/20





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2009/C 272/09






Member State


Greece




Concerned route








—


Athens–Astypalea










—


Athens–Ikaria










—


Athens–Leros










—


Athens–Milos










—


Thessaloniki–Chios










—


Thessaloniki–Samos










—


Limnos–Mitilin–Chios–Samos–Rhodes










—


Rhodes–Karpathos–Kasos–Sitia










—


Alexandroupolis–Sitia










—


Aktio–Sitia










—


Athens–Kithira










—


Athens–Naxos










—


Athens–Paros










—


Athens–Karpathos










—


Athens–Sitia










—


Athens–Skiathos










—


Thessaloniki–Corfu










—


Rhodes–Kos–Leros–Astypalea










—


Corfu–Aktion–Kefalinia–Zakinthos










—


Athens–Kalymnos










—


Thessaloniki–Kalamata










—


Athens–Skyros










—


Thessaloniki–Skyros










—


Rhodes–Kastelorizo








Period of validity of the contract


1st April 2010 to the 31st March 2012




Deadline for submission of tenders


61 days after the day of publication of the present notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the pubic tender and the public service obligation can be obtained free of charge







Hellenic Civil Aviation Authority




Directorate General for Air Transport




Air Transport and International Affairs Division — Section II




Vas. Georgiou 1




16604 Elliniko




GREECE




Tel. +30 2108916149 or 8916121




Fax +30 2108947132




Website: http://www.hcaa.gr
Non-opposition to a notified concentration (Case COMP/M.5632 — Pepsico/Pepsi Americas) Text with EEA relevance
Date: 2009-11-13
Institutions: European Commission
Subjects: beverage, bottling, disclosure of information, economic concentration, food industry, merger control, restrictive-practice authorisation








C_2009272EN.01001002.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/10





Non-opposition to a notified concentration
(Case COMP/M.5632 — Pepsico/Pepsi Americas)
(Text with EEA relevance)
2009/C 272/04
On 26 October 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 32009M5632. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.5644 — Kraft Foods/Cadbury) Text with EEA relevance
Date: 2009-11-13
Institutions: European Commission
Subjects: confectionery, economic concentration, exchange of information, foodstuff, merger control, milk product








C_2009272EN.01002401.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/24





Prior notification of a concentration
(Case COMP/M.5644 — Kraft Foods/Cadbury)
(Text with EEA relevance)
2009/C 272/12






1.


On 9 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 Kraft Foods Inc (‘Kraft Foods’, USA) acquire within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertakings Cadbury plc (‘Cadbury’, United Kingdom) by way of public bid announced on 9 November 2009.










2.


The business activities of the undertakings concerned are:






—


for undertaking Kraft Foods: manufacture and sales of packaged food and beverages, in particular snacks, beverages, dairy and cheese, grocery and convenient meals, including chocolate confectionary,










—


for undertaking Cadbury: manufacture and sales of chocolate confectionary, sugar confectionary and chewing-gum.














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.5644 — Kraft Foods/Cadbury, 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 T-458/09: Action brought on 13 November 2009 — Slovak Telekom v Commission
Date: 2009-11-13
Institutions: Court of First Instance
Subjects: European Commission, Slovakia, accession to the European Union, action for annulment (EU), application of EU law, competition law, economic concentration, merger control, telecommunications industry








C_2010011EN.01003601.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/36





Action brought on 13 November 2009 — Slovak Telekom v Commission
(Case T-458/09)
2010/C 11/67
Language of the case: English

Parties


Applicant: Slovak Telekom a.s. (Bratislava, Slovak Republic) (represented by: M. Maier, L. Kjølbye and D. Geradin, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


Annul the contested decision;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

In the present case, the applicant seeks the annulment of Commission decision C(2009) 6840 of 3 September 2009 ordering it, in accordance with Articles 18(3) and 24(1) of Council Regulation 1/2003 (1) to provide the information in the framework of the Case COMP/39523 — Slovak Telekom relating to a proceeding under Article 82 EC and imposing the periodic penalties in case of non compliance with the decision.
In support of its claims the applicant puts forward three pleas in law.
First, the applicant argues that the contested decision is in breach of Article 18(3) of Regulation 1/2003 regarding the information covering a period that predates the Slovak Republic’s accession to the EU. In the applicant’s opinion, prior to this date the Commission did not have power to apply the EC law to conduct engaged in within the territory of the Slovak Republic; as a consequence, it is not entitled to use its power of investigation enshrined in this article to obtain information pertaining to that same period.
Second, applicant claims that the contested decision infringes the principle of procedural fairness enshrined in Article 41(1) of the Charter of Fundamental Rights. The Commission’s investigation into the applicant’s conduct during a period where EC law was not applicable and it was under no obligation to comply with these rules may be prejudicial to the applicant.
Third, the applicant contends that the contested decision infringes the principle of proportionality as reflected in Article 18(3) of Regulation 1/2003, according to which the Commission is empowered to require undertakings to provide all necessary information. In this regard, the applicant claims that the Commission failed to establish the required link between the requested pre-accession information and the allegedly illegal conduct after 1 May 2004. As a result, in the applicant's opinion, information or documents pertaining to the pre-accession period are not necessary in order to enable the Commission to assess whether the applicant’s post-accession conduct complies with the EC law.


(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty; OJ L 1, p. 1
Case F-95/09: Action brought on 13 November 2009 — Skareby v Commission
Date: 2009-11-13
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, psychological harassment








C_2010024EN.01008101.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/81





Action brought on 13 November 2009 — Skareby v Commission
(Case F-95/09)
2010/C 24/155
Language of the case: English

Parties


Applicant: Carina Skareby (Leuven, Belgium) (represented by: S. Rodrigues, C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities

The subject matter and description of the proceedings

An appeal lodged against the decision of the Commission rejecting the applicant’s request that an administrative inquiry be opened in order to establish the psychological harassment she alleges to have been a victim of.

Form of order sought

The applicant claims that the Court should:






—


declare her appeal admissible;










—


annul the decision of the Commission of 4 March 2009 and, so far as necessary, the decision rejecting the complaint;










—


order the Commission to pay the costs.
Euro exchange rates
Date: 2009-11-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2009272EN.01001101.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/11





Euro exchange rates (1)

12 November 2009
2009/C 272/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4922




JPY


Japanese yen


134,32




DKK


Danish krone


7,4412




GBP


Pound sterling


0,90200




SEK


Swedish krona


10,2480




CHF


Swiss franc


1,5106




ISK


Iceland króna


 




NOK


Norwegian krone


8,3915




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,505




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


271,14




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7086




PLN


Polish zloty


4,1411




RON


Romanian leu


4,2995




TRY


Turkish lira


2,2081




AUD


Australian dollar


1,6062




CAD


Canadian dollar


1,5702




HKD


Hong Kong dollar


11,5646




NZD


New Zealand dollar


2,0287




SGD


Singapore dollar


2,0716




KRW


South Korean won


1 727,11




ZAR


South African rand


11,1420




CNY


Chinese yuan renminbi


10,1867




HRK


Croatian kuna


7,2955




IDR


Indonesian rupiah


14 066,34




MYR


Malaysian ringgit


5,0466




PHP


Philippine peso


69,935




RUB


Russian rouble


43,0070




THB


Thai baht


49,713




BRL


Brazilian real


2,5761




MXN


Mexican peso


19,6791




INR


Indian rupee


69,5969






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5679 — Boreas Holdings/Centrica Renewable Energy Limited/Glid Wind Farms) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-11-13
Institutions: European Commission
Subjects: United Kingdom, economic concentration, electrical energy, energy distribution, energy production, exchange of information, financial services, merger control, natural gas, wind energy








C_2009272EN.01002101.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/21





Prior notification of a concentration
(Case COMP/M.5679 — Boreas Holdings/Centrica Renewable Energy Limited/Glid Wind Farms)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 272/10






1.


On 6 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 undertakings (i) Boreas Holdings S.à.r.l (‘Boreas Holdings’, Luxemburg), a special purpose vehicle owned by two investment funds (TCW Energy XIV and European Clean Energy Fund) managed by TCW Asset Management Company (‘TAMCO’, UK), a subsidiary of The TCW Group, Inc. (‘TCW’, USA), which in turn is wholly owned by Société Générale S.A. (‘Société Générale’, France) and (ii) Centrica Renewable Energy Limited, a wholly owned subsidiary of Centrica plc (‘Centrica’ UK), will acquire within the meaning of Article 3(1)(b) of that Regulation joint control of the GLID Wind Farms TopCo Limited (‘GLID Wind Farms’, UK), currently wholly controlled by Centrica, by way of sale and purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for TCW and Société Générale: provision of international financial services,










—


for Centrica: generation, trading and supply of electricity mainly in the UK. It also produces and supplies natural gas,










—


for GLID Wind Farms: development, ownership, operation and management of wind farms generating electricity in UK.














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.5679 — Boreas Holdings/Centrica Renewable Energy Limited/Glid Wind Farms, 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.
Explanatory Notes to the Combined Nomenclature of the European Communities
Date: 2009-11-13
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, cultural heritage, information, motor car, vehicle parts








C_2009272EN.01000801.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/8





Explanatory Notes to the Combined Nomenclature of the European Communities
2009/C 272/02
Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

On page 402:


9705 00 00   Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest

The existing text is replaced by the following:






‘1.


This heading includes motor vehicles which are:






—


in their original state, without substantial changes to the chassis, steering or braking system, engine, etc.,










—


at least 30 years old, and










—


of a model or type which is no longer in production.




However, motor vehicles are deemed not to be of historical or ethnographical interest and are excluded from this heading when the competent authorities establish that the motor vehicles are not liable to evidence a significant step in the evolution of human achievements or illustrate a period of that evolution.
Such vehicles must also possess the requisite characteristics for inclusion in a collection by:






—


being relatively rare,










—


not being normally used for their original purpose,










—


being the subject of special transactions outside the normal trade in similar utility articles, and










—


being of greater value.














2.


It also includes as collectors’ pieces of historical interest:






(a)


motor vehicles, irrespective of their date of manufacture, which can be proved to have been used in the course of an historic event;










(b)


motor racing vehicles, which can be proved to be designed, built and used solely for competition and have achieved significant sporting success at prestigious national or international events.














3.


Articles of a kind used as parts and accessories for the above-mentioned vehicles are classified in this heading if they are collectors’ pieces themselves, whether or not they are intended to be fitted into those vehicles.
Proof can be supplied by appropriate documentation, for example, reference books or specialised literature, or by opinions from recognised experts.
The above Explanatory Notes apply, mutatis mutandis, to motorcycles.
Replicas are always excluded (generally Chapter 87).’






(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.
Special Report No 10/2009 Information provision and promotion measures for agricultural products
Date: 2009-11-13
Institutions: European Court of Auditors
Subjects: European Court of Auditors, agricultural product, disclosure of information, public awareness campaign, report, sales promotion








C_2009272EN.01001201.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/12





Special Report No 10/2009 ‘Information provision and promotion measures for agricultural products’
2009/C 272/06
The European Court of Auditors hereby informs you that Special Report No 10/2009 ‘Information provision and promotion measures for agricultural products’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://www.eca.europa.eu
A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: euraud@eca.europa.eu




or by filling in an electronic order form at EU Bookshop.
Prior notification of a concentration (Case COMP/M.5684 — BNP Paribas Assurance/Fortis Insurance International/UBI Assicurazioni) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-11-13
Institutions: European Commission
Subjects: banking, economic concentration, exchange of information, insurance, merger control








C_2009272EN.01002301.xml










13.11.2009   


EN


Official Journal of the European Union


C 272/23





Prior notification of a concentration
(Case COMP/M.5684 — BNP Paribas Assurance/Fortis Insurance International/UBI Assicurazioni)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 272/11






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 Fortis Insurance International NV, controlled by Fortis SA/NV and Fortis NV, (‘Fortis Insurance’, the Netherlands/Belgium) and BNP Paribas Assurance, part of the BNP Paribas group, controlled by BNP Paribas SA (‘BNP Paribas group’, France) will acquire joint control over UBI Assicurazioni SpA (‘UBI Assicurazioni’, Italy) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for the BNP Paribas group: banking and insurance activities,










—


for Fortis Insurance: financial and insurance activities, and,










—


for UBI Assicurazioni: non-life insurance activities in Italy.














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.5684 — BNP Paribas Assurance/Fortis Insurance International/UBI Assicurazioni, 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.