do-me/EUR-LEX huggingface dataset:
Case C-151/10: Reference for a preliminary ruling from the Arbeidshof te Antwerpen — Afdeling Hasselt (Belgium), lodged on 31 March 2010 — Dai Cugini NV v Rijksdienst voor Sociale Zekerheid
Date: 2010-03-31
Institutions: Court of Justice
Subjects: anti-discriminatory measure, equal treatment, framework agreement, full-time employment, interpretation of the law, part-time employment, social security








C_2010161EN.01002201.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/22






Reference for a preliminary ruling from the Arbeidshof te Antwerpen — Afdeling Hasselt (Belgium), lodged on 31 March 2010 — Dai Cugini NV v Rijksdienst voor Sociale Zekerheid
(Case C-151/10)
(2010/C 161/31)
Language of the case: Dutch

Referring court

Arbeidshof te Antwerpen — Afdeling Hasselt

Parties to the main proceedings


Appellant: Dai Cugini NV

Respondent: Rijksdienst voor Sociale Zekerheid

Questions referred







1.


Are national provisions, specifically the presumption in Article 22b of the Law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for workers (the RSZ Law) and Article 171 of the Programme Law of 22 December 1989, as successively amended, compatible with the provisions of Community law and with Council Directive 97/81/EC (1) of 15 December 1997, in particular Clause 5(1)(a) of the Annex thereto, which states that, in the context of the principle of non-discrimination between part-time and full-time workers, the Member States, following consultations with the social partners in accordance with national law or practice, should identify and review obstacles of a legal or administrative nature which may limit the opportunities for part-time work and, where appropriate, eliminate them?










2.


Are the national provisions requiring employers to compile and maintain numerous social-security documents under Articles 157 to 169 of the Programme Law of 22 December 1989, and under which non-compliance with those provisions is punishable under criminal law, or may result in the imposition of administrative fines and civil-law penalties, compatible with the provisions of Community law and with Council Directive 97/81/EC of 15 December 1997, in particular Clause 5(1)(a) of the Annex thereto, which states that, in the context of the principle of non-discrimination between part-time and full-time workers, the Member States, following consultations with the social partners in accordance with national law or practice, should identify and review obstacles of a legal or administrative nature which may limit the opportunities for part-time work and, where appropriate, eliminate them?






(1)  Council Directive 97/81/EC concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9).
Prior notification of a concentration (Case COMP/M.5845 — Bain Capital/Styron Business) — Candidate case for simplified procedure Text with EEA relevance
Date: 2010-03-31
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial institution, merger control, plastics








C_2010085EN.01003001.xml










31.3.2010   


EN


Official Journal of the European Union


C 85/30





Prior notification of a concentration
(Case COMP/M.5845 — Bain Capital/Styron Business)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 85/11






1.


On 23 March 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Bain Capital Investors LLC (‘Bain Capital’, USA) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of Styron LLC and Styron Holding BV (‘The Styron Business’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Bain Capital: private equity investment,










—


for The Styron Business: the manufacture of latexes, synthetic rubber and certain plastics products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5845 — Bain Capital/Styron Business, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case C-152/10: Reference for a preliminary ruling from the Højesteret (Denmark) lodged on 31 March 2010 — Unomedical A/S v Skatteministeriet
Date: 2010-03-31
Institutions: Court of Justice
Subjects: Combined Nomenclature, interpretation of the law, medical device, packaging product, plastics








C_2010148EN.01002002.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/20





Reference for a preliminary ruling from the Højesteret (Denmark) lodged on 31 March 2010 — Unomedical A/S v Skatteministeriet
(Case C-152/10)
2010/C 148/31
Language of the case: Danish

Referring court

Højesteret

Parties to the main proceedings


Applicant: Unomedical A/S

Defendant: Skatteministeriet

Questions referred







1.


Is a dialysis bag, manufactured from plastic, which is specially designed for and can only be used with a dialyser to be classified under






—


Chapter 90, CN heading 9010 90 30, as a ‘part’ and/or ‘accessory’ for a dialyser, see chapter note 2(b) to Chapter 90 of the Common Customs Tariff
or










—


Chapter 39, CN heading 3926 90 99, as plastics or articles thereof?














2.


Is a urine drainage bag, manufactured from plastic, which is specially designed for and therefore can only be, and in fact is, used exclusively in connection with a catheter, to be classified under






—


Chapter 90, CN heading 9018399030, as a ‘part’ and/or ‘accessory’ for a catheter, see chapter note 2(b) to Chapter 90 of the Customs Tariff
or










—


Chapter 39, CN heading 3926 90 99, as plastics or articles thereof?
Case F-21/10: Action brought on 31 March 2010 — Marcuccio v Commission
Date: 2010-03-31
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), lawyer, legal expenses








C_2010161EN.01005702.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/57






Action brought on 31 March 2010 — Marcuccio v Commission
(Case F-21/10)
(2010/C 161/92)
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s request for compensation for the damage suffered as a result of the fact that the defendant sent a debit note relating to the fees of the lawyer who assisted him in Case T-241/03 to the lawyer who represented him in that case rather than to the applicant himself.

Form of order sought







—


Annul the implied decision rejecting the request of 23 February 2009.










—


In so far as necessary, annul the act, in whatever form, rejecting the complaint of 14 September 2009 against the decision rejecting the request of 23 February 2009.










—


In so far as necessary, annul the note of 1 December 2009 written in French received by the applicant on 19 January 2010 enclosed with the attached translation of the note in Italian.










—


Order the Commission to make reparation for the material and non-material damage unjustly suffered by the applicant as a result of the fact that the note of 4 December 2006 was prepared and sent to the lawyer who represented him in Case T-241/03 by paying to the applicant the sum of EUR 10 000, or such other sum as the General Court may consider just and equitable.










—


Order the Commission to pay to the applicant, with effect from the date following that on which the request of 23 February 2009 was received by the Commission until actual payment of the sum of EUR 10 000, interest on that sum at the rate of 10 % per annum, with annual capitalisation.










—


Order the Commission to pay the costs.
Commission Regulation (EU) No 279/2010 of 31 March 2010 amending Council Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of the Republic of Guinea
Date: 2010-03-31
Institutions: European Commission
Subjects: Guinea, economic sanctions, human rights, international sanctions, natural person, political opposition, repression








L_2010086EN.01002001.xml










1.4.2010   


EN


Official Journal of the European Union


L 86/20








            COMMISSION REGULATION (EU) No 279/2010
of 31 March 2010
         
amending Council Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of the Republic of Guinea


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EU) No 1284/2009 of 22 December 2009 imposing certain specific restrictive measures in respect of the Republic of Guinea, (1) and in particular Article 15 thereof,

Whereas:







(1)


Annex II to Regulation (EU) No 1284/2009 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


Council Decision 2010/186/CFSP (2) amends the Annex to Common Position 2009/788/CFSP (3). Annex II to Regulation (EU) No 1284/2009 should, therefore, be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex II to Regulation (EU) No 1284/2009 is hereby amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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, 31 March 2010.


For the Commission, On behalf of the President,

João VALE DE ALMEIDA
            

Director-General for External Relations






(1)  
            OJ L 346, 23.12.2009, p. 26.

(2)  
            OJ L 83, 30.3.2010, p. 23.

(3)  
            OJ L 281, 28.10.2009, p. 7.




ANNEX
Annex II to Regulation (EU) No 1284/2009 is amended as follows:
The following entries shall be removed:








 


Name (and possible aliases)


Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number etc.)


Reasons




2.


Major-General Mamadouba (alias Mamadou) Toto CAMARA


d.o.b: 01/01/46
Pass: R00009392


Minister for Security and Civil Protection




3.


General Sékouba KONATÉ


d.o.b: 01/01/64


Minister for Defence




16.


Commandant Kelitigui FARO


d.o.b: 03/08/72
Pass: R0003410


 




43.


Mr Kabinet (alias Kabiné) KOMARA


d.o.b: 08/03/50
Pass: R0001747


Prime Minister
2010/251/: Council Decision of 31 March 2010 appointing a member of the Court of Auditors
Date: 2010-03-31
Institutions: Council of the European Union
Subjects: European Court of Auditors, appointment of members








L_2010111EN.01001901.xml










4.5.2010   


EN


Official Journal of the European Union


L 111/19








            COUNCIL DECISION
         
of 31 March 2010
         
appointing a member of the Court of Auditors
(2010/251/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(5) thereof,


Having regard to the proposal of the Irish Government,


Having regard to the opinion of the European Parliament,

Whereas:







(1)


The term of office of Ms Máire GEOGHEGAN-QUINN was renewed for the period from 1 March 2006 to 29 February 2012 by Council Decision of 23 January 2006 (1).












(2)


By letter of 8 February 2010 addressed to the President of the Council, Ms Máire GEOGHEGAN-QUINN presented her resignation as Member of the Court of Auditors.












(3)


Following her resignation, it is necessary for a successor to be appointed for the remainder of her term,





HAS ADOPTED THIS DECISION:



Article 1
Mr Eoin O'SHEA is hereby appointed a member of the Court of Auditors for the remainder of the term of office of Ms Máire GEOGHEGAN-QUINN, which runs until 29 February 2012.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 31 March 2010.


For the Council


The President

A. PÉREZ RUBALCABA
            





(1)  
            OJ L 22, 26.1.2006, p. 51.
Commission communication pursuant to Article 16(4) 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 — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2010-03-31
Institutions: European Commission
Subjects: Greece, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2010085EN.01001201.xml










31.3.2010   


EN


Official Journal of the European Union


C 85/12





Commission communication pursuant to Article 16(4) 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
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2010/C 85/06






Member State


Greece




Concerned route


Thessaloniki–Limnos–Ikaria




Date of entry into force of the public service obligations


From 1 September 2010




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







Hellenic Civil Aviation Authority




Directorate General for Air Transport




Air Transport Division




Section II




Vas. Georgiou




166 04 Elliniko




GREECE




Tel. +30 2108916149 / 2108916121




Fax +30 2108947132




Website: http://www.hcaa.gr
Euro exchange rates
Date: 2010-03-31
Institutions: European Commission
Subjects: euro, exchange rate








C_2010085EN.01000201.xml










31.3.2010   


EN


Official Journal of the European Union


C 85/2





Euro exchange rates (1)

30 March 2010
2010/C 85/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3482




JPY


Japanese yen


124,80




DKK


Danish krone


7,4439




GBP


Pound sterling


0,89330




SEK


Swedish krona


9,7803




CHF


Swiss franc


1,4316




ISK


Iceland króna


 




NOK


Norwegian krone


8,0410




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,443




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


265,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7088




PLN


Polish zloty


3,8759




RON


Romanian leu


4,0715




TRY


Turkish lira


2,0583




AUD


Australian dollar


1,4650




CAD


Canadian dollar


1,3731




HKD


Hong Kong dollar


10,4682




NZD


New Zealand dollar


1,8925




SGD


Singapore dollar


1,8863




KRW


South Korean won


1 523,55




ZAR


South African rand


9,9389




CNY


Chinese yuan renminbi


9,2025




HRK


Croatian kuna


7,2640




IDR


Indonesian rupiah


12 241,67




MYR


Malaysian ringgit


4,4066




PHP


Philippine peso


61,056




RUB


Russian rouble


39,6675




THB


Thai baht


43,594




BRL


Brazilian real


2,4140




MXN


Mexican peso


16,7339




INR


Indian rupee


60,8020






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.5680 — Faurecia/EMCON Technologies) Text with EEA relevance
Date: 2010-03-31
Institutions: European Commission
Subjects: anti-pollution device, combustion gases, disclosure of information, economic concentration, merger control, motor vehicle industry, reduction of gas emissions, restrictive-practice authorisation, technology, vehicle parts








C_2010085EN.01000102.xml










31.3.2010   


EN


Official Journal of the European Union


C 85/1





Non-opposition to a notified concentration
(Case COMP/M.5680 — Faurecia/EMCON Technologies)
(Text with EEA relevance)
2010/C 85/02
On 6 January 2010, 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 32010M5680. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.5666 — Xerox/Affiliated Computer Services) Text with EEA relevance
Date: 2010-03-31
Institutions: European Commission
Subjects: disclosure of information, economic concentration, information technology industry, merger control, provision of services, restrictive-practice authorisation








C_2010085EN.01000101.xml










31.3.2010   


EN


Official Journal of the European Union


C 85/1





Non-opposition to a notified concentration
(Case COMP/M.5666 — Xerox/Affiliated Computer Services)
(Text with EEA relevance)
2010/C 85/01
On 19 January 2010, 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 32010M5666. EUR-Lex is the on-line access to the European law.
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: 2010-03-31
Institutions: European Commission
Subjects: Greece, air transport, airline, inland transport, invitation to tender, public service, transport regulations








C_2010085EN.01001301.xml










31.3.2010   


EN


Official Journal of the European Union


C 85/13





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)
2010/C 85/07






Member State


Greece




Concerned route


Thessaloniki–Limnos–Ikaria




Period of validity of the contract


September 1st 2010-August 31st 2014




Deadline for submission of tenders


61 days after the day of publication of the notice of PSOs




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public 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




166 04 Elliniko




GREECE




Tel. +30 2108916149 / 2108916121




Fax +30 2108947132




Website: http://www.hcaa.gr
Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 April 2010 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))
Date: 2010-03-31
Institutions: European Commission
Subjects: EU Member State, State aid, interest, reimbursement of aid








C_2010085EN.01001101.xml










31.3.2010   


EN


Official Journal of the European Union


C 85/11





Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 April 2010

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

2010/C 85/05
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basispoints has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basispoints to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 55, 5.3.2010, p. 7.

































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.4.2010


…


1,24


1,24


4,92


1,24


2,39


1,24


1,88



3,47



1,24


1,24


1,24


1,24



5,97



1,24


1,24



5,90



1,24



8,97



1,24


1,24


4,49


1,24


9,92


1,02


1,24


1,24


1,16




1.3.2010


31.3.2010


1,24


1,24


4,92


1,24


2,39


1,24


1,88



4,73



1,24


1,24


1,24


1,24


7,03


1,24


1,24



7,17



1,24



11,76



1,24


1,24


4,49


1,24


9,92


1,02


1,24


1,24


1,16




1.1.2010


28.2.2010



1,24




1,24




4,92




1,24




2,39




1,24




1,88




6,94




1,24




1,24




1,24




1,24




7,03




1,24




1,24




8,70




1,24




15,11




1,24




1,24




4,49




1,24




9,92




1,02




1,24




1,24




1,16