do-me/EUR-LEX huggingface dataset:
No State aid within the meaning of Article 61 of the EEA Agreement — Bjørndalen Eiendom AS
Date: 2009-12-03
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, health care, medical institution








C_2009294EN.01001501.xml










3.12.2009   


EN


Official Journal of the European Union


C 294/15





No State aid within the meaning of Article 61 of the EEA Agreement — Bjørndalen Eiendom AS
2009/C 294/05
The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:







Date of adoption of the decision


:


8 July 2009




Case number


:


47657




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Alleged aid being granted to Bjørndalen Eiendom AS




Type of measure


:


No aid




Economic sectors


:


Nursing home




Name and address of the granting authority


:







Municipality of Oslo




Rådhuset




0037 Oslo




NORWAY








Other information


:


—




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/
Prior notification of a concentration (Case COMP/M.5680 — Faurecia/EMCON Technologies) Text with EEA relevance
Date: 2009-12-03
Institutions: European Commission
Subjects: anti-pollution device, combustion gases, economic concentration, exchange of information, merger control, motor vehicle industry, reduction of gas emissions, technology, vehicle parts








C_2009294EN.01002501.xml










3.12.2009   


EN


Official Journal of the European Union


C 294/25





Prior notification of a concentration
(Case COMP/M.5680 — Faurecia/EMCON Technologies)
(Text with EEA relevance)
2009/C 294/09






1.


On 24 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 Faurecia (France) controlled by PSA Peugeot Citroën SA (France) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of EMCON Technologies (United States) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Faurecia: automotive equipment engineering and production, in particular vehicle seating, interiors, front ends and exhaust systems (worldwide),










—


for EMCON Technologies: global exhaust emission controls (worldwide).














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.5680 — Faurecia/EMCON Technologies, 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.
Commission Regulation (EU) No 1190/2009 of 3 December 2009 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009
Date: 2009-12-03
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, import, maize, tariff quota, tariff reduction








L_2009318EN.01005001.xml










4.12.2009   


EN


Official Journal of the European Union


L 318/50








            COMMISSION REGULATION (EU) No 1190/2009
of 3 December 2009
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


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 144(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened by Commission Regulation (EC) No 676/2009 (2).












(2)


Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For tenders lodged from 27 November to 3 December 2009 under the invitation to tender issued in Regulation (EC) No 676/2009, the maximum reduction in the duty on maize imported shall be 17,33 EUR/t for a total maximum quantity of 55 700 t.


Article 2
This Regulation shall enter into force on 4 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 2009.


For the Commission, On behalf of the President,

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 196, 28.7.2009, p. 6.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Case C-501/09: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 3 December 2009 — Lothar Lohmeyer v Finanzamt Minden
Date: 2009-12-03
Institutions: Court of Justice
Subjects: VAT, delivery, distributive trades, interpretation of the law, prepared foodstuff, provision of services, tax harmonisation








C_2010063EN.01002202.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/22





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 3 December 2009 — Lothar Lohmeyer v Finanzamt Minden
(Case C-501/09)
2010/C 63/36
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Lothar Lohmeyer

Defendant: Finanzamt Minden

Questions referred







1.


Is the term ‘foodstuffs for human consumption’ in Category 1 of Annex H to Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (1) to be interpreted as covering only ‘take-away’ foodstuffs as typically sold in the grocery business, or does it also cover dishes and meals which have been prepared by boiling, grilling, roasting, baking or other means for immediate consumption?










2.


In the event that ‘foodstuffs for human consumption’ within the meaning of Category 1 of Annex H to Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes also covers dishes or meals for immediate consumption:
Is the first subparagraph of Article 6(1) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes to be interpreted as covering the sale of freshly prepared dishes or meals which the customer does not take away, but consumes on the spot making use of facilities for consumption such as counters, tables for standing at or the like?






(1)  OJ 1977 L 145, p. 1.
Case C-475/08: Judgment of the Court (Sixth Chamber) of 3 December 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2003/55/EC — Internal market in natural gas — Definitive designation of system operators — Decision exempting major new gas infrastructures from the application of certain provisions of Directive 2003/55/EC — Publication, consultation and notification obligations)
Date: 2009-12-03
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, domestic market, energy grid, energy storage, energy transport, natural gas








C_2010024EN.01001401.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/14





Judgment of the Court (Sixth Chamber) of 3 December 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-475/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/55/EC - Internal market in natural gas - Definitive designation of system operators - Decision exempting major new gas infrastructures from the application of certain provisions of Directive 2003/55/EC - Publication, consultation and notification obligations)
2010/C 24/22
Language of the case: French

Parties


Applicant: European Commission (represented by: M. Patakia and B. Schima, Agents)

Defendant: Kingdom of Belgium (represented by: C. Pochet, Agent, J. Scalais and O. Vanhulst, avocats)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt all the provisions necessary to comply with Articles 7, 11 and 18, in conjunction with Article 25(2), and Article 22(3)(d) and (e) and (4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57) — Failure to designate systems operators for the transmission and storage of liquefied natural gas — No requirement to publish the decision exempting new large natural gas facilities from the application of the directive — No requirement to consult the other Member States or regulatory authorities concerned by the interconnection of those facilities.

Operative part of the judgment

The Court:






1.


Declares that, by failing to designate transmission, storage and liquefied natural gas system operators on a definitive basis as required under Article 7 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, and by failing to transpose Article 22(3)(d) and (e) and (4) of that directive, the Kingdom of Belgium has failed to fulfil its obligations under those provisions;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 32, 7.2.2009.
Case T-485/09: Action brought on 3 December 2009 — France v Commission
Date: 2009-12-03
Institutions: General Court
Subjects: France, action for annulment (EU), animal disease, food safety, import, import restriction, marketing restriction, milk, milk product








C_2010037EN.01004101.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/41





Action brought on 3 December 2009 — France v Commission
(Case T-485/09)
2010/C 37/57
Language of the case: French

Parties


Applicant: The French Republic (represented by: E. Belliard, G. de Bergues, B. Cabouat, and R. Loosli-Surrans, Agents)

Defendant: European Commission

Form of order sought







—


Annul Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

By its application, the French government requests the Court, under Article 263 of the TFEU, to annul Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed. (1)

The decision being challenged orders France to suspend the application of interim protection measures which it adopted following the publication of new scientific opinions about a risk of human exposure to classical scrapie due to the consumption of milk and milk products originating from infected herds of ovine and caprine animals in order to prohibit the introduction onto its territory, for the purposes of human consumption, of milk and milk products coming from a holding where a classical scrapie case is confirmed.
In support of its action, the applicant submits that the decision being challenged must be annulled on the grounds that it infringes the precautionary principle, as regards both risk assessment and risk management.
The applicant claims that the Commission infringed the precautionary principle at the risk assessment stage by ignoring the remaining scientific uncertainties over the risk of the transmission to humans of TSE other than BSE.
In the applicant’s opinion, the Commission also infringed the precautionary principle at the risk management stage by failing to adopt any measure in order to restrict the risk of human exposure to classical scrapie.


(1)  OJ 2009 L 258, p. 27
Case C-476/08 P: Judgment of the Court (Eighth Chamber) of 3 December 2009 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission (Appeal — Regulations (EC, Euratom) Nos 1605/2002 and 2342/2002 — Public contracts awarded by the Community institutions on their own account — Error in the evaluation committee’s report — Obligation to state reasons for the rejection of the tender’s bid)
Date: 2009-12-03
Institutions: Court of Justice
Subjects: European Commission, appeal, award of contract, farming sector, invitation to tender, services contract, software








C_2010024EN.01001402.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/14





Judgment of the Court (Eighth Chamber) of 3 December 2009 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission
(Case C-476/08 P) (1)

(Appeal - Regulations (EC, Euratom) Nos 1605/2002 and 2342/2002 - Public contracts awarded by the Community institutions on their own account - Error in the evaluation committee’s report - Obligation to state reasons for the rejection of the tender’s bid)
2010/C 24/23
Language of the case: English

Parties


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

Other party to the proceedings: European Commission (represented by: M. Wilderspin and E. Manhaeve, Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 10 September 2008 in Case T-59/05 Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v Commission of the European Communities by which the Court of First Instance dismissed an action for the annulment of the Commission’s decision of 23 November 2004 rejecting the tender submitted by the appellant in the tendering procedure relating to the provision of development, maintenance and related support services for the financial information systems of the Directorate-General for Agriculture and of the decision awarding the contract to another tenderer — Obligation to state reasons for the rejection of a submitted tender

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.






(1)  OJ C 19, 24.1.2009.
Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2010 under certain quotas opened by the Community for products in the poultrymeat sector
Date: 2009-12-03
Institutions: European Commission
Subjects: import, import licence, poultrymeat, tariff quota








C_2009294EN.01000601.xml










3.12.2009   


EN


Official Journal of the European Union


C 294/6





Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2010 under certain quotas opened by the Community for products in the poultrymeat sector
2009/C 294/03
Commission Regulation (EC) No 616/2007 (1) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of October 2009 for the subperiod 1 January to 31 March 2010 do not, for quotas 09.4212, 09.4214, 09.4216 and 09.4218, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 April to 30 June 2010; they are set out in the Annex to this notice.


(1)  OJ L 142, 5.6.2007, p. 3.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April to 30 June 2010
(in kg)




09.4212


74 088 000




09.4214


11 977 776




09.4216


2 659 510




09.4218


9 276 800
Euro exchange rates
Date: 2009-12-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2009294EN.01000501.xml










3.12.2009   


EN


Official Journal of the European Union


C 294/5





Euro exchange rates (1)

2 December 2009
2009/C 294/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,5090




JPY


Japanese yen


131,55




DKK


Danish krone


7,4419




GBP


Pound sterling


0,90430




SEK


Swedish krona


10,3413




CHF


Swiss franc


1,5072




ISK


Iceland króna


 




NOK


Norwegian krone


8,4210




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,972




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


270,50




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7080




PLN


Polish zloty


4,1086




RON


Romanian leu


4,2455




TRY


Turkish lira


2,2622




AUD


Australian dollar


1,6262




CAD


Canadian dollar


1,5766




HKD


Hong Kong dollar


11,6949




NZD


New Zealand dollar


2,0742




SGD


Singapore dollar


2,0830




KRW


South Korean won


1 741,27




ZAR


South African rand


11,0459




CNY


Chinese yuan renminbi


10,3009




HRK


Croatian kuna


7,3080




IDR


Indonesian rupiah


14 238,30




MYR


Malaysian ringgit


5,0951




PHP


Philippine peso


70,184




RUB


Russian rouble


44,1100




THB


Thai baht


50,031




BRL


Brazilian real


2,5950




MXN


Mexican peso


19,3303




INR


Indian rupee


69,9200






(1)  Source: reference exchange rate published by the ECB.
Case C-502/09: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 3 December 2009 — Fleischerei Nier GmbH & Co. KG v Finanzamt Detmold
Date: 2009-12-03
Institutions: Court of Justice
Subjects: VAT, delivery, distributive trades, interpretation of the law, prepared foodstuff, provision of services, tax harmonisation








C_2010063EN.01002301.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/23





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 3 December 2009 — Fleischerei Nier GmbH & Co. KG v Finanzamt Detmold
(Case C-502/09)
2010/C 63/37
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Fleischerei Nier GmbH & Co. KG

Defendant: Finanzamt Detmold

Questions referred







1.


Is the term ‘foodstuffs for human consumption’ in Category 1 of Annex H to Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (1) to be interpreted as covering only ‘take-away’ foodstuffs as typically sold in the grocery business, or does it also cover dishes and meals which have been prepared by boiling, grilling, roasting, baking or other means for immediate consumption?










2.


In the event that ‘foodstuffs for human consumption’ within the meaning of Category 1 of Annex H to Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes also covers dishes or meals for immediate consumption:
Is the process of the preparation of the dishes or meals to be taken into account as a service element if it has to be decided whether the single supply of a party-service business (provision of dishes or meals ready for consumption together with the transport thereof and, perhaps, the provision of cutlery and crockery and/or tables for standing at as well as the collection of the objects provided for use) is to be classified as a supply of foodstuffs that is subject to a reduced rate of taxation (Category 1 of Annex H to that directive) or as a supply of services not subject to a reduced rate of taxation (Article 6(1) of that directive)?










3.


In the event that Question 2 is answered in the negative:
Is it consistent with Article 2(1), in conjunction with Articles 5(1) and 6(1), of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes for the classification of the single supply of a party-service business as either a supply of goods or a sui generis supply of services to be based purely on the number of the elements in the nature of supplies of services (two or more) compared with the proportion constituted by the supply of goods, or must the elements in the nature of a supply of services necessarily be assessed independently of their number, and, if so, according to what criteria?






(1)  OJ 1977 L 145, p. 1.
Case T-245/08: Order of the Court of First Instance of 3 December 2009 — Iranian Tobacco v OHIM — AD Bulgartabac (TIR 20 FILTER CIGARETTES) (Community trade mark — Revocation proceedings — Figurative Community trade mark TIR 20 FILTER CIGARETTES — Interest in bringing proceedings not required — Article 55(1)(a) of Regulation (EC) No 40/94 (now Article 56(1)(a) of Regulation (EC) No 207/2009))
Date: 2009-12-03
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), tobacco, tobacco industry, trade-mark law








C_2010024EN.01004901.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/49





Order of the Court of First Instance of 3 December 2009 — Iranian Tobacco v OHIM — AD Bulgartabac (TIR 20 FILTER CIGARETTES)
(Case T-245/08) (1)

(Community trade mark - Revocation proceedings - Figurative Community trade mark TIR 20 FILTER CIGARETTES - Interest in bringing proceedings not required - Article 55(1)(a) of Regulation (EC) No 40/94 (now Article 56(1)(a) of Regulation (EC) No 207/2009))
2010/C 24/85
Language of the case: German

Parties


Applicant: Iranian Tobacco Co. (Tehran, Iran) (represented by: A. Beckensträter, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: AD Bulgartabac Holding Sofia (Sofia, Bulgaria) (represented by: M. Maček, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 April 2008 in Case R 708/2007-1 concerning revocation proceedings between AD Bulgartabac Holding Sofia and Iranian Tobacco Co

Operative part of the order







1.


Dismisses the action;










2.


orders Iranian Tobacco to pay the costs.






(1)  OJ C 223 of 30.8.2008