do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5713 — Altor/Pharmacy Company Sweden 1 AB and Pharmacy Company Sweden 8) Text with EEA relevance
Date: 2009-12-16
Institutions: European Commission
Subjects: Sweden, economic concentration, exchange of information, exclusive distribution agreement, investment company, merger control, pharmaceutical product, private limited company








C_2009305EN.01000602.xml










16.12.2009   


EN


Official Journal of the European Union


C 305/6





Non-opposition to a notified concentration
(Case COMP/M.5713 — Altor/Pharmacy Company Sweden 1 AB and Pharmacy Company Sweden 8)
(Text with EEA relevance)
2009/C 305/04
On 11 December 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 32009M5713. EUR-Lex is the on-line access to the European law.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance)
Date: 2009-12-16
Institutions: European Commission
Subjects: State aid, aid to undertakings, control of State aid, economic aid, research and development








C_2009305EN.01000401.xml










16.12.2009   


EN


Official Journal of the European Union


C 305/4





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2009/C 305/02






Date of adoption of the decision


15.9.2009




Reference number of State Aid


N 357/09




Member State


United Kingdom




Region


—




Title (and/or name of the beneficiary)


Individual R&D aid to GKN




Legal basis


Section 1 of the 1982 Civil Aviation Act




Type of measure


Individual aid




Objective


Research and development




Form of aid


Reimbursable grant




Budget


Overall budget: GBP 60 million




Intensity


—




Duration (period)


Until 31.12.2016




Economic sectors


Air transport




Name and address of the granting authority







Aerospace, Marine and Defence Unit




Department for Business, Innovation and Skills




1 Victoria Street




London




SW1H 0ET




UNITED KINGDOM








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm






Date of adoption of the decision


7.10.2009




Reference number of State Aid


N 531/09




Member State


Germany




Region


—




Title (and/or name of the beneficiary)


Assumption of risk for WestLB




Legal basis


§ 8 Gesetz zur Fortentwicklung der Finanzmarktstabilisierung („FMStFG“)




Type of measure


Individual aid




Objective


Aid to remedy serious disturbances in the economy




Form of aid


Guarantee




Budget


Overall budget: EUR 6 400 million




Intensity


—




Duration (period)


Until 30.11.2009




Economic sectors


Financial intermediation




Name and address of the granting authority


Bundesland Nordrhein-Westfalen u.a.




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28) European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence
Date: 2009-12-16
Institutions: European Parliament
Subjects: European Parliament, interpretation of the law, operation of the Institutions, rules of procedure








CE2010286EN.01004401.xml










22.10.2010   


EN


Official Journal of the European Union


CE 286/44





Wednesday 16 December 2009Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28)
P7_TA(2009)0112
European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence
2010/C 286 E/09

The European Parliament,
having regard to the letter of 2 December 2009 from the chair of the Committee on Constitutional Affairs,
having regard to Rule 211 of its Rules of Procedure,






1.


Decides to append the following interpretation to Rules 27(1) and 28(1):
‘In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member, or, in the absence of the latter, by the oldest Member present.’;










2.


Instructs its President to forward this decision to the Council and the Commission, for information.
Case T-194/08: Order of the General Court of 16 December 2009 — Cattin v Commission (Non-contractual liability — EDF — List of exporters eligible to receive payment of debts owed to them by the Central African Republic — Not included on the list — Limitation period — Inadmissibility)
Date: 2009-12-16
Institutions: General Court
Subjects: Central African Republic, European Commission, European Development Fund, appeal to the Court (EU), coffee, economic offence, redemption








C_2010037EN.01003702.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/37





Order of the General Court of 16 December 2009 — Cattin v Commission
(Case T-194/08) (1)

(Non-contractual liability - EDF - List of exporters eligible to receive payment of debts owed to them by the Central African Republic - Not included on the list - Limitation period - Inadmissibility)
2010/C 37/51
Language of the case: French

Parties


Applicants: R. Cattin & Cie (Bimbo, Central African Republic); and Yves Cattin (Cadiz, Spain) (represented by: B. Wägenbaur, lawyer)

Defendant: European Commission (represented by: A. Bordes, Agent)

Re:

Action for damages seeking compensation for the loss allegedly suffered by the applicants following a Commission decision not to include them on the list of exporters eligible to receive payment, via funds of the European Development Fund (EDF), in respect of the debts owed to them by a State body of the Central African Republic

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


R. Cattin & Cie and Yves Cattin shall bear their own costs and pay those incurred by the European Commission.






(1)  OJ C 197, 2.8.2008.
Commission Regulation (EU) No 1240/2009 of 16 December 2009 amending Regulation (EC) No 428/2008 determining the intervention centres for cereals
Date: 2009-12-16
Institutions: European Commission
Subjects: EU Member State, cereals, codification of EU law, intervention agency




L_2009332EN.01005201.xml










17.12.2009   


EN


Official Journal of the European Union


L 332/52








            COMMISSION REGULATION (EU) No 1240/2009
of 16 December 2009
         
amending Regulation (EC) No 428/2008 determining the intervention centres for cereals


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of 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 41 in conjunction with Article 4 thereof,

Whereas:







(1)


Estonia and Romania have requested amendments relating to some of the intervention centres listed in Annex I to Commission Regulation (EC) No 428/2008 (2) with a view to improving their location or responding better to the conditions required. Their requests should be granted.












(2)


Regulation (EC) No 428/2008 should be amended accordingly.












(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
Annex I to Regulation (EC) No 428/2008 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2009.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ L 129, 17.5.2008, p. 8.




ANNEX
Annex I to Regulation (EC) No 428/2008 is amended as follows:






1.


the table entitled ‘ESTONIA’ is to be replaced with the following table:









Intervention centre


Common wheat


Barley


Maize


Sorghum




‘ESTONIA





Tartu


+


+


-


-




Viljandi


+


+


-


-




Tamsalu


+


+


-


-




Keila


+


+


-


-’














2.


the table entitled ‘ROMANIA’ is amended as follows:






a)


the line corresponding to the ‘Brăila’ centre is to be replaced by the following:









Intervention centre


Common wheat


Barley


Maize


Sorghum




‘Brăila


+


+


+


-’














b)


the following line is to be inserted after the line for the ‘Brăila’ centre:









Intervention centre


Common wheat


Barley


Maize


Sorghum




‘Ianca


-


+


-


-’














c)


the line corresponding to the ‘Roman’ centre is to be replaced by the following:









Intervention centre


Common wheat


Barley


Maize


Sorghum




‘Roman


+


+


-


-’
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council relating to the radio interference (electromagnetic compatibility) of vehicles (codified version)’ COM(2009) 546 final — 2009/0154 (COD)
Date: 2009-12-16
Institutions: European Economic and Social Committee
Subjects: Community certification, approximation of laws, codification of EU law, commercial vehicle, electromagnetic interference, motor vehicle, technical standard








C_2010255EN.01013201.xml










22.9.2010   


EN


Official Journal of the European Union


C 255/132





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council relating to the radio interference (electromagnetic compatibility) of vehicles (codified version)’
COM(2009) 546 final — 2009/0154 (COD)
(2010/C 255/24)
On 9 November 2009 the Council decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

Proposal for a Directive of the European Parliament and of the Council relating to the radio interference (electromagnetic compatibility) of vehicles

COM(2009) 546 final – 2009/0154 (COD).
Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 458th plenary session of 16 and 17 December 2009 (meeting of 16 December 2009), by 179 votes, with two abstentions, to issue an opinion endorsing the proposed text.

Brussels, 16 December 2009.


The President of the European Economic and Social Committee

Mario SEPI
Opinion of the European Economic and Social Committee on the ‘Proposal for a decision of the European Parliament and of the Council repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat’ COM(2009) 516 final — 2009/0146 (COD)
Date: 2009-12-16
Institutions: European Economic and Social Committee
Subjects: cattle, fresh meat, import (EU), import licence, swine








C_2010255EN.01013301.xml










22.9.2010   


EN


Official Journal of the European Union


C 255/133





Opinion of the European Economic and Social Committee on the ‘Proposal for a decision of the European Parliament and of the Council repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat’
COM(2009) 516 final — 2009/0146 (COD)
(2010/C 255/25)
On 27 October 2009 the Council decided to consult the European Economic and Social Committee, under Article 37 and Article 152, 4b) of the Treaty establishing the European Community, on the

Proposal for a decision of the European Parliament and of the Council repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat

COM(2009) 516 final – 2009/0146(COD).
Since the Committee endorses the contents of the proposal and feels that it requires no comment on its part, it decided, at its 458th plenary session, held on 16 and 17 December 2009 (meeting of 16 December 2009), by 178 votes in favour and 4 abstentions to issue an opinion endorsing the proposed text.

Brussels, 16 December 2009.


The President of the European Economic and Social Committee

Mario SEPI
Euro exchange rates
Date: 2009-12-16
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate








C_2009305EN.01000701.xml










16.12.2009   


EN


Official Journal of the European Union


C 305/7





Euro exchange rates (1)

15 December 2009
2009/C 305/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4541




JPY


Japanese yen


130,22




DKK


Danish krone


7,4416




GBP


Pound sterling


0,89600




SEK


Swedish krona


10,4635




CHF


Swiss franc


1,5123




ISK


Iceland króna


 




NOK


Norwegian krone


8,4735




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,105




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


277,10




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7063




PLN


Polish zloty


4,1865




RON


Romanian leu


4,2523




TRY


Turkish lira


2,1992




AUD


Australian dollar


1,6048




CAD


Canadian dollar


1,5459




HKD


Hong Kong dollar


11,2735




NZD


New Zealand dollar


2,0183




SGD


Singapore dollar


2,0283




KRW


South Korean won


1 688,69




ZAR


South African rand


10,8737




CNY


Chinese yuan renminbi


9,9286




HRK


Croatian kuna


7,2800




IDR


Indonesian rupiah


13 777,64




MYR


Malaysian ringgit


4,9636




PHP


Philippine peso


67,167




RUB


Russian rouble


43,9725




THB


Thai baht


48,218




BRL


Brazilian real


2,5636




MXN


Mexican peso


18,6052




INR


Indian rupee


67,8700






(1)  Source: reference exchange rate published by the ECB.
Case T-333/08: Order of the General Court of 16 December 2009 — Bull and Others v Commission
Date: 2009-12-16
Institutions: General Court
Subjects: France, Luxembourg, action for annulment (EU), market stabilisation, price agreement








C_2010037EN.01004901.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/49





Order of the General Court of 16 December 2009 — Bull and Others v Commission
(Case T-333/08) (1)

2010/C 37/74

Language of the case: French

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


(1)  OJ C 285, 8.11.2008.
Case T-505/09: Action brought on 16 December 2009 — Carlyle v OHIM — Mascha & Regner Consulting (CAFE CARLYLE)
Date: 2009-12-16
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010051EN.01003602.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/36





Action brought on 16 December 2009 — Carlyle v OHIM — Mascha & Regner Consulting (CAFE CARLYLE)
(Case T-505/09)
2010/C 51/70
Language in which the application was lodged: English

Parties


Applicant: The Carlyle, LLC (St. Louis, United States) (represented by: E. Cornu, E. De Gryse and D. Moreau, lawyers)

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

Other party to the proceedings before the Board of Appeal: Mascha & Regner Consulting KEG (Vienna, Austria)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2009 in case R 239/2009-4; and










—


Order the defendant to bear the costs.





Pleas in law and main arguments


Registered Community trade mark subject of the request for revocation: The word mark “CAFE CARLYLE”, for services in class 42

Proprietor of the Community trade mark: The applicant

Party requesting the revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Rejected the request for revocation

Decision of the Board of Appeal: Revoked the Community trade mark concerned

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation 207/2009, as the Board of Appeal erroneously employed a too restrictive interpretation of the concept of genuine use. Moreover, the Board of Appeal failed: (i) to take into consideration properly the evidence of use submitted by the applicant before the Cancellation Division; (ii) to assess correctly the scope of the said evidence of use; and (iii) to make an overall assessment thereof.
Case T-506/09: Action brought on 16 December 2009 — Carlyle v OHIM — Mascha & Regner Consulting (THE CARLYLE)
Date: 2009-12-16
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010051EN.01003701.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/37





Action brought on 16 December 2009 — Carlyle v OHIM — Mascha & Regner Consulting (THE CARLYLE)
(Case T-506/09)
2010/C 51/71
Language in which the application was lodged: English

Parties


Applicant: The Carlyle, LLC (St. Louis, United States) (represented by: E. Cornu, E. De Gryse and D. Moreau, lawyers)

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

Other party to the proceedings before the Board of Appeal: Mascha & Regner Consulting KEG (Vienna, Austria)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2009 in case R 240/2009-4; and










—


Order the defendant to bear the costs.





Pleas in law and main arguments


Registered Community trade mark subject of the request for revocation: The word mark ‘THE CARLYLE’, for goods and services in classes 3, 25 and 42

Proprietor of the Community trade mark: The applicant

Party requesting the revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Partially rejected the request for revocation

Decision of the Board of Appeal: Revoked the Community trade mark concerned

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation 207/2009, as the Board of Appeal erroneously employed a too restrictive interpretation of the concept of genuine use. Moreover, the Board of Appeal failed: (i) to take into consideration properly the evidence of use submitted by the applicant before the Cancellation Division; (ii) to assess correctly the scope of the said evidence of use; and (iii) to make an overall assessment thereof.
Non-opposition to a notified concentration (Case COMP/M.5690 — Occidental Petroleum Corporation/Phibro) Text with EEA relevance
Date: 2009-12-16
Institutions: European Commission
Subjects: economic concentration, exchange of information, gas industry, merger control, metallurgical industry, oil industry, primary product








C_2009305EN.01000601.xml










16.12.2009   


EN


Official Journal of the European Union


C 305/6





Non-opposition to a notified concentration
(Case COMP/M.5690 — Occidental Petroleum Corporation/Phibro)
(Text with EEA relevance)
2009/C 305/03
On 11 December 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 32009M5690. EUR-Lex is the on-line access to the European law.
Case T-503/09: Action brought on 16 December 2009 — Cybergun v OHIM — Umarex Sportwaffen (AK 47)
Date: 2009-12-16
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), automatic game, gaming, information technology, measuring equipment, military equipment, trade-mark law








C_2010051EN.01003601.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/36





Action brought on 16 December 2009 — Cybergun v OHIM — Umarex Sportwaffen (AK 47)
(Case T-503/09)
2010/C 51/69
Language in which the application was lodged: French

Parties


Applicant: Cybergun (Bondoufle, France) (represented by: S. Guyot, 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: Umarex Sportwaffen GmbH & Co KG (Arnsberg, Germany).

Form of order sought







—


Annul the decision of the First Board of Appeal of OHIM of 8 October 2009 in so far as it declared the mark AK 47 invalid;










—


in accordance with Articles 87(2) and 92 of the Rules of Procedure, order OHIM to pay the costs including the costs incurred by the applicant for the purposes of the present procedure, in particular the costs associated with the translation of documents, lawyer’s fees, and, in so far as necessary, travel and hotel costs; the Court is asked to assess that sum at EUR 20 000





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark ‘AK 47’ for goods and services in Classes 9, 28 and 38 (Community trade mark No 3 249 381)

Proprietor of the Community trade mark: Cybergun

Applicant for the declaration of invalidity: Umarex Sportwaffen GmbH & Co KG

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity of the trade mark at issue

Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration of invalidity of the Community trade mark

Pleas in law: Infringement of Article 7(1) of Regulation (EC) No 40/94 [now Article 8(1) of Regulation (EC) No 207/2009] and Article 51(1) of Regulation No 40/94 [now Article 52(1)(b) of Regulation (EC) No 207/2009]