do-me/EUR-LEX huggingface dataset:
Case T-151/10: Action brought on 1 April 2010 — Bank Nederlandse Gemeenten NV v Commission
Date: 2010-04-01
Institutions: General Court
Subjects: European Commission, State aid, action for annulment (EU), control of State aid, loan, subsidised housing, type of business








C_2010148EN.01004302.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/43





Action brought on 1 April 2010 — Bank Nederlandse Gemeenten NV v Commission
(Case T-151/10)
2010/C 148/72
Language of the case: Dutch

Parties


Applicant: Bank Nederlandse Gemeenten NV (The Hague, Netherlands) (represented by: B. Drijber, lawyer)

Defendant: European Commission

Form of order sought







—


Annul the Commission’s Decision of 15 December 2009 (C(2009) 9963) in so far as concerns the Commission’s finding that the opportunity for housing corporations to borrow from the Bank Nederlandse Gemeenten NV constitutes State aid within the meaning of Article 107(1) TFEU;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

The applicant’s application is for the partial annulment of Commission Decision C(2009) 9963 final of 15 December 2009 concerning State aid No E 2/2005 and N 642/2009 — The Netherlands, Existing and special project aid to housing corporations.
In support of its application the applicant submits, first, that the contested decision is contrary to Article 107(1) TFEU because the Commission’s conclusion that the applicant’s loans constituted State aid was based on an incorrect interpretation of the condition for liability.
Second, the contested decision is contrary to Article 107(1) TFEU because the Commission’s conclusion that the applicant’s loans were not in accordance with market conditions, and therefore contained an advantage, was based on an incorrect interpretation of the facts.
Third, the Commission infringed the obligation to state reasons and the principle of care because, despite the submissions concerning the loans which the applicant put forward through the Netherlands authorities, the Commission found, without any investigation, that the loans were State aid.
Corrigendum to Commission communication in the framework of the implementation of the European Parliament and Council Directive 95/16/EC on the approximation of the laws of the Member States relating to lifts ( OJ C 52, 2.3.2010 )
Date: 2010-04-01
Institutions: European Commission
Subjects: European standard, harmonisation of standards, lift, product safety, safety standard, technical standard








C_2010087EN.01002301.xml










1.4.2010   


EN


Official Journal of the European Union


C 87/23





Corrigendum to Commission communication in the framework of the implementation of the European Parliament and Council Directive 95/16/EC on the approximation of the laws of the Member States relating to lifts

(
Official Journal of the European Union C 52 of 2 March 2010
)

2010/C 87/11
On page 5:
for:










‘CEN


EN 81-1:1998+A3:2009
Safety rules for the construction and installation of lifts — Part 1: Electric lifts


This is the first publication


EN 81-1:1998
Note 2.1


30.6.2011




CEN


EN 81-2:1998+A3:2009
Safety rules for the construction and installation of lifts — Part 2: Hydraulic lifts


This is the first publication


EN 81-2:1998
Note 2.1


30.6.2011




CEN


EN 81-28:2003
Safety rules for the construction and installation of lifts — Lifts for the transport of persons and goods — Part 28: Remote alarm on passenger and goods passenger lifts


10.2.2004’


 


 





read:










‘CEN


EN 81-1:1998+A3:2009
Safety rules for the construction and installation of lifts — Part 1: Electric lifts


This is the first publication


EN 81-1:1998
Note 2.1
Note 4


30.6.2011




CEN


EN 81-2:1998+A3:2009
Safety rules for the construction and installation of lifts — Part 2: Hydraulic lifts


This is the first publication


EN 81-2:1998
Note 2.1
Note 4


30.6.2011




CEN


EN 81-28:2003
Safety rules for the construction and installation of lifts — Lifts for the transport of persons and goods — Part 28: Remote alarm on passenger and goods passenger lifts


10.2.2004


Note 4’
Case F-22/10: Action brought on 1 April 2010 — Bombín Bombín v Commission
Date: 2010-04-01
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, indemnification, paid leave, unpaid leave








C_2010148EN.01005402.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/54





Action brought on 1 April 2010 — Bombín Bombín v Commission
(Case F-22/10)
2010/C 148/96
Language of the case: Spanish

Parties


Applicant: Luis María Bombín Bombín (Rome, Italy) (represented by: R. Pardo Pedernera, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the European Commission, in response to the applicant’s complaint, to grant financial compensation in respect of only 12 rather than 29 days of accrued leave which he had not yet taken at the time he began his leave of absence.

Form of order sought







—


annul the decision of the European Commission, issued on 4 January 2010, to grant and pay to the applicant financial compensation for only 12 days;










—


grant to the applicant (for calculation purposes and in respect of the financial compensation) all the days of leave (in total 29 days) which he had accrued and had not yet taken at the time he began his leave of absence;










—


as to costs, the applicant submits no claim, since he considers that the resolution of the present case by the Tribunal is important for the parties, both being in good faith, and the case does not justify claims in respect thereof.
Non-opposition to a notified concentration (Case COMP/M.5761 — E.ON/MASDAR/JV) Text with EEA relevance
Date: 2010-04-01
Institutions: European Commission
Subjects: disclosure of information, economic concentration, electrical energy, energy distribution, energy production, gas, merger control, renewable energy, restrictive-practice authorisation








C_2010087EN.01001001.xml










1.4.2010   


EN


Official Journal of the European Union


C 87/10





Non-opposition to a notified concentration
(Case COMP/M.5761 — E.ON/MASDAR/JV)
(Text with EEA relevance)
2010/C 87/03
On 24 March 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 32010M5761. EUR-Lex is the on-line access to the European law.
Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 247, 13.10.2006, p. 17 ; OJ C 77, 5.4.2007, p. 11 ; OJ C 153, 6.7.2007, p. 21 ; OJ C 331, 31.12.2008, p. 15 )
Date: 2010-04-01
Institutions: European Commission
Subjects: Estonia, Hungary, Schengen Agreement, border control, directory, disclosure of information, external border of the EU, foreign national








C_2010087EN.01001501.xml










1.4.2010   


EN


Official Journal of the European Union


C 87/15





Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21; OJ C 331, 31.12.2008, p. 15)
2010/C 87/08
The publication of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.
In addition to the publication in the Official Journal of the European Union, a monthly update is available on the website of Directorate-General for Justice, Freedom and Security.
ESTONIA

Amendment of the information published in OJ C 247, 13.10.2006


The national service responsible for border controls: Politsei- ja Piirivalveamet (the Police and Border Guard Board)
HUNGARY

Amendment of the information published in OJ C 247, 13.10.2006


The national service responsible for border controls: Rendőrség (the National Police) and Vám-és Pénzügyőrség (the Customs and Finance Guard). The latter is present at external borders with Ukraine, Serbia and Croatia.
Case C-153/10: Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 1 April 2010 — Sony Logistics Europe B.V. v Staatssecretaris van Financiën
Date: 2010-04-01
Institutions: Court of Justice
Subjects: Combined Nomenclature, Netherlands, customs duties, customs territory (EU), interpretation of the law








C_2010179EN.01001501.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/15






Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 1 April 2010 — Sony Logistics Europe B.V. v Staatssecretaris van Financiën
(Case C-153/10)
(2010/C 179/24)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Sony Logistics Europe B.V.

Defendant: Staatssecretaris van Financiën

Questions referred







1.


Must Community law, and in particular Article 12(2) and (5) and Article 217(1) of the CCC (1), and Article 11 of the CCIR (2) in conjunction with Article 243 of the CCC, be interpreted to mean that a person involved in proceedings concerning customs duties which have been imposed may challenge their imposition by producing binding tariff information issued in another Member State for the same goods, which information was still the subject of a legal dispute at that time, but was eventually revised?










2.


If the answer to Question 1 is in the affirmative, can the person declaring the goods to customs in his own name and for his own account successfully rely in a case such as this, when making customs declarations for release for free circulation, on binding tariff information whose holder is not that person, but an associated firm on whose instructions that person made the customs declarations?










3.


If the answer to Question 2 is in the negative, does Community law preclude a person in a case such as this from successfully relying on a national policy decision in which the national authorities raise the expectation that, in respect of the tariff classification of the goods declared, it can rely on tariff information issued to a third party for the same goods?






(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1)

(2)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1)
Euro exchange rates
Date: 2010-04-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2010087EN.01001201.xml










1.4.2010   


EN


Official Journal of the European Union


C 87/12





Euro exchange rates (1)

31 March 2010
2010/C 87/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3479




JPY


Japanese yen


125,93




DKK


Danish krone


7,4447




GBP


Pound sterling


0,88980




SEK


Swedish krona


9,7135




CHF


Swiss franc


1,4276




ISK


Iceland króna


 




NOK


Norwegian krone


8,0135




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,440




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


265,75




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7085




PLN


Polish zloty


3,8673




RON


Romanian leu


4,0970




TRY


Turkish lira


2,0512




AUD


Australian dollar


1,4741




CAD


Canadian dollar


1,3687




HKD


Hong Kong dollar


10,4653




NZD


New Zealand dollar


1,9024




SGD


Singapore dollar


1,8862




KRW


South Korean won


1 525,11




ZAR


South African rand


9,8922




CNY


Chinese yuan renminbi


9,2006




HRK


Croatian kuna


7,2638




IDR


Indonesian rupiah


12 227,26




MYR


Malaysian ringgit


4,3968




PHP


Philippine peso


60,920




RUB


Russian rouble


39,6950




THB


Thai baht


43,598




BRL


Brazilian real


2,4043




MXN


Mexican peso


16,6573




INR


Indian rupee


60,5140






(1)  Source: reference exchange rate published by the ECB.
Decision on a reorganisation measure in respect of Progress Assicurazioni S.p.A. (Publication in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)
Date: 2010-04-01
Institutions: European Commission
Subjects: Italy, insurance company, liquidation








C_2010087EN.01001401.xml










1.4.2010   


EN


Official Journal of the European Union


C 87/14





Decision on a reorganisation measure in respect of Progress Assicurazioni S.p.A.

(Publication in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)

2010/C 87/07






Insurance undertaking







Progress Assicurazioni S.p.A.




Piazza Alberico Gentili 3




90143 Palermo PA




ITALIA








Date, entry into force and nature of the decision


ISVAP measure No 2773 of 9 February 2010 — Appointment of a Commissioner for interim management within the meaning of Article 230 of Legislative Decree No 209/2005




Competent authorities







ISVAP




Via del Quirinale 21




00187 Roma RM




ITALIA








Supervisory authority







ISVAP




Via del Quirinale 21




00187 Roma RM




ITALIA








Commissioner appointed







Prof. avv. Andrea GEMMA




Piazza Alberico Gentili 3




90143 Palermo PA




ITALIA








Applicable law


Italy
Article 230 of Legislative Decree No 209/2005




Under ISVAP measure No 2773 of 9 February 2010, prof. avv. Andrea GEMMA has been appointed within the meaning of Article 230 of Legislative Decree No 209 of 7 September 2005 as Commissioner for the interim management of Progress Assicurazioni S.p.A., with its head office in Palermo, Piazza Alberico Gentili 3, for a maximum period of 2 months from the adoption of this order. Consequently, the powers of the administrative and controlling bodies of the company are suspended.
Decision on a reorganisation measure in respect of Commercial Value Insurance A.Α.Ε. (Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)
Date: 2010-04-01
Institutions: European Commission
Subjects: Greece, insurance company, liquidation








C_2010087EN.01001301.xml










1.4.2010   


EN


Official Journal of the European Union


C 87/13





Decision on a reorganisation measure in respect of Commercial Value Insurance A.Α.Ε.

(Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings)

2010/C 87/06






Insurance undertaking







Commercial Value Α.Α.Ε.




Vasilissis Sofias 60 and Papadiamandopoulou




115 28 Athens




GREECE








Date, entry into force and nature of the decision


Decision 174/2 of the Board of the Greek Private Insurance Supervisory Committee (EPEIA) of 4 February 2010 on the immediate suspension of all the insurance activities of Commercial Value A.A.E., both in Greece and abroad.
Entry into force: 4.2.2010




Competent authorities







The Private Insurance Supervisory Committee (EPEIA)




Ipatias 5




105 57 Athens




GREECE








Supervisory authority







The Private Insurance Supervisory Committee (EPEIA)




Ipatias 5




105 57 Athens




GREECE








Administrator appointed


(name, address and contact details, if legal person, physical person acting in its name)




Applicable law


Greek law in accordance with Article 9 of Legislative Decree 400/1970
Case C-154/10 P: Appeal brought on 1 April 2010 by Nokia Oyj against the judgment of the General Court (Eighth Chamber) delivered on 20 January 2010 in Case T-460/07 Nokia Oyj v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2010-04-01
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, telecommunications, trade-mark law








C_2010179EN.01001502.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/15






Appeal brought on 1 April 2010 by Nokia Oyj against the judgment of the General Court (Eighth Chamber) delivered on 20 January 2010 in Case T-460/07 Nokia Oyj v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-154/10 P)
(2010/C 179/25)
Language of the case: Finnish

Parties


Appellant: Nokia Oyj (represented by C. Rehaag, asianajaja)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Medion AG

Form of order sought







—


set aside the judgment in Case T-460/07;










—


order OHIM to pay the costs.





Pleas in law and main arguments

The appellant claims that the judgment of the General Court in Case T-460/07 should be set aside on the ground that the General Court wrongly considered in that judgment that there was a likelihood of confusion between the marks LIFE and LIFE BLOG and thus applied incorrectly Article 8(1)(b) of Regulation No 40/94. (1) The applicant submits that by so doing the judgment infringed European Union law.
The General Court indeed found, as regards the similarity of the marks, that the subjects of comparison were the marks LIFE and LIFE BLOG, but then proceeded in a manner that clearly contradicted that finding, by assessing only the component LIFE of the composite mark LIFE BLOG in order to justify the conclusion that the marks were similar.
In that connection the General Court incorrectly examined the questions of what kind of consumers belonged to the relevant group and how the consumers understood the mark, and thereby infringed the principles recognised in the case-law of the Court of Justice.


(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
Uniform application of the Combined Nomenclature (CN) (Classification of goods)
Date: 2010-04-01
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, footwear industry, leather, textile product








C_2010087EN.01000901.xml










1.4.2010   


EN


Official Journal of the European Union


C 87/9





UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)
(Classification of goods)
2010/C 87/02
Explanatory Notes adopted under Article 9(1)(a) 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) shall be amended as follows:

Page 256 to 258


Chapter 64 General


The second paragraph of General, point 1(c), is replaced by the following text:


‘Accessories generally have an ornamental function and reinforcements have a protective or strengthening function. Since reinforcements are attachments to the upper aiming to give additional strength, they are attached to the external surface of the upper and not merely to the lining. However, a section of lining may appear underneath the reinforcement, provided that its reinforcement function is not thereby reduced. Besides being attached to the upper the reinforcement or accessory may also be attached to, or go into, the sole. A material is not considered an accessory or reinforcement, but is considered a part of the upper provided the method of assembling of the materials underneath is not durable (sewn seams are an example of a durable method of assembling).’


Consideration 3 of the text below the diagrams of General, point 1(c), is replaced by the following text:








‘3.


Removing the leather section (3) has revealed an area of textile (marked A on the diagram) and an area of lining material lying underneath section 3. As the textile does not extend all the way under section 3, and, as the lining is not considered to be an upper, and, as there is mainly lining material under the leather, the leather section does not reinforce any upper material, and, thus, has to be counted as part of the upper.’







(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.