do-me/EUR-LEX huggingface dataset:
Case T-18/05: Judgment of the General Court of 19 May 2010 — IMI and Others v Commission (Competition — Agreements, decisions and concerted practices — Copper plumbing tubes sector — Decision finding an infringement of Article 81 EC — Continuous and multiform infringement — Interruption of participation — Fines — Limited participation in the cartel)
Date: 2010-05-19
Institutions: General Court
Subjects: European Commission, action for annulment (EU), control of restrictive practices, equal treatment, fine, ironmongery








C_2010179EN.01002902.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/29






Judgment of the General Court of 19 May 2010 — IMI and Others v Commission
(Case T-18/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tubes sector - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Interruption of participation - Fines - Limited participation in the cartel)
(2010/C 179/48)
Language of the case: English

Parties


Applicants: IMI plc (Birmingham, Warwickshire, United Kingdom); IMI Kynoch Ltd (Birmingham); and Yorkshire Copper Tube (Liverpool, Merseyside, United Kingdom) (represented by: M. Struys and D. Arts, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and S. Noë, Agents)

Re:

Application for (1) annulment of Article 1(h) to (j) and Article 2(f) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes); and (2) in the alternative, reduction in the amount of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:






1.


Annuls Article 1(h) to (j) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) in so far as it relates to the period from 1 December 1994 to 11 April 1996;










2.


Determines the amount of the fine imposed jointly and severally on IMI plc, IMI Kynoch Ltd and Yorkshire Copper Tube in Article 2(f) of Decision C(2004) 2826 at EUR 38.556 million;










3.


Dismisses the action as to the remainder;










4.


Orders the European Commission to pay its own costs and 40 % of the costs incurred by IMI, IMI Kynoch and Yorkshire Copper Tube;










5.


Orders IMI, IMI Kynoch and Yorkshire Copper Tube to bear 60 % of their own costs.






(1)  OJ C 69, 19.3.2005.
European Refugee Fund for the period 2008–2013 (amendment of Decision No 573/2007/EC) ***II European Parliament legislative resolution of 19 May 2010 on the Council position at first reading for adopting a decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions (16627/1/2009 – C7-0051/2010 – 2009/0026(COD))
Date: 2010-05-19
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Community migration, aid to refugees, free movement of persons, political asylum, refugee








CE2011161EN.01026601.xml










31.5.2011   


EN


Official Journal of the European Union


CE 161/266





Wednesday 19 May 2010European Refugee Fund for the period 2008–2013 (amendment of Decision No 573/2007/EC) ***II
P7_TA(2010)0177
European Parliament legislative resolution of 19 May 2010 on the Council position at first reading for adopting a decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions (16627/1/2009 – C7-0051/2010 – 2009/0026(COD))
2011/C 161 E/34
(Ordinary legislative procedure: second reading)

The European Parliament,
having regard to the Council position at first reading (16627/1/2009 – C7-0051/2010),
having regard to the Commission proposal to Parliament and the Council (COM(2009)0067),
having regard to Article 251(2) and Article 63, first paragraph, point (2)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0070/2009),
having regard to its position at first reading (1),
having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),
having regard to Article 294(7) and Article 78(2) of the Treaty on the Functioning of the European Union,
having regard to Rule 72 of its Rules of Procedure,
having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A7-0117/2010),






1.


Approves the Council’s position;










2.


Notes that the act is adopted in accordance with the position;










3.


Instructs its President to sign the act with the President of the Council pursuant to Article 297(1) of the Treaty on the Functioning of the European Union;










4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;










5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  Texts adopted, 7.5.2009, P6_TA(2009)0375.
Case T-20/05: Judgment of the General Court of 19 May 2010 — Outokumpu and Luvata v Commission (Competition — Agreements, decisions and concerted practices — Copper plumbing tube industry — Decision finding an infringement of Article 81 EC — Fines — Size of the relevant market — Aggravating circumstance — Repeat infringement)
Date: 2010-05-19
Institutions: General Court
Subjects: Finland, action for annulment (EU), competition policy, copper, fine, tube








C_2010179EN.01003002.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/30






Judgment of the General Court of 19 May 2010 — Outokumpu and Luvata v Commission
(Case T-20/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Fines - Size of the relevant market - Aggravating circumstance - Repeat infringement)
(2010/C 179/50)
Language of the case: English

Parties


Applicants: Outokumpu Oyj (Espoo, Finland); and Luvata Oy, formerly Outokumpu Copper Products Oy (Espoo) (represented by: J. Ratliff, Barrister, F. Distefano and J. Luostarinen, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and S. Noë, Agents)

Re:

Application for cancellation or reduction of the fine imposed on the applicants under Article 2(j) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Outokumpu Oyj and Luvata Oy to pay the costs.






(1)  OJ C 82, 2.4.2005.
Prior notification of a concentration (Case COMP/M.5802 — RWE Energy/Mitgas)  Text with EEA relevance
Date: 2010-05-19
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy distribution, exchange of information, merger control, natural gas








C_2010129EN.01002001.xml










19.5.2010   


EN


Official Journal of the European Union


C 129/20





Prior notification of a concentration
(Case COMP/M.5802 — RWE Energy/Mitgas)
(Text with EEA relevance)
2010/C 129/12






1.


On 10 May 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking(s) enviaM Mitteldeutsche Energie AG (‘enviaM’, Germany), which is controlled by RWE AG (‘RWE’, Germany), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Mitgas Mitteldeutsche Gasversognung GmbH (‘Mitgas’, Germany), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


RWE: electricity and natural gas,










—


enviaM: transmission and retailing of electricity, heat and related services to local distributors and to end consumers and also activity in the gas sector,










—


Mitgas: wholesale supply of H-gas to local gas suppliers and retail supply of H-gas to end consumers.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5802 — RWE Energy/Mitgas, 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’).
2010/325/: Decision No 3/2010 of the ACP-EU Committee of Ambassadors of 19 May 2010 on the appointment of the Director of the Centre for the Development of Enterprise (CDE)
Date: 2010-05-19
Institutions: ACP Committee of Ambassadors
Subjects: Centre for the Development of Enterprise, appointment of members, managing director








L_2010145EN.01001701.xml










11.6.2010   


EN


Official Journal of the European Union


L 145/17








            DECISION No 3/2010 OF THE ACP-EU COMMITTEE OF AMBASSADORS
         
of 19 May 2010
         
on the appointment of the Director of the Centre for the Development of Enterprise (CDE)
(2010/325/EU)


THE ACP-EU COMMITTEE OF AMBASSADORS,

Having regard to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000 (1), as revised by the Agreement amending the said Partnership Agreement, signed in Luxembourg on 25 June 2005 (2), and in particular Article 2(7) of Annex III thereto,

Whereas:







(1)


The previous Director’s term of office expired on 28 February 2010.












(2)


At the end of its proceedings, a joint selection committee established by both sides proposed the appointment of Mr Jean-Erick ROMAGNE (France) as Director of the Centre for the Development of Enterprise,





HAS ADOPTED THIS DECISION:



Sole Article
Without prejudice to any subsequent decisions that the Committee might have to take under its prerogatives, Mr Jean-Erick ROMAGNE (France) is hereby appointed Director of the Centre for the Development of Enterprise with effect from 6 September 2010 until 28 February 2015.




Done at Brussels, 19 May 2010.


For the ACP-EU Committee of Ambassadors


The Chairman

René MAKONGO
            





(1)  
            OJ L 317, 15.12.2000, p. 3.

(2)  
            OJ L 209, 11.8.2005, p. 27.
Case T-108/09: Judgment of the General Court of 19 May 2010 — Ravensburger v OHIM — Educa Borras (MEMORY) (Community trade mark — Invalidity proceedings — Community word mark MEMORY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) and Article 75 of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 77 of Regulation (EC) No 207/2009))
Date: 2010-05-19
Institutions: General Court
Subjects: EU trade mark, European Commission, European Union Intellectual Property Office, action for failure to fulfil an obligation, competition law, consumer protection, trade-mark law








C_2010179EN.01003802.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/38






Judgment of the General Court of 19 May 2010 — Ravensburger v OHIM — Educa Borras (MEMORY)
(Case T-108/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark MEMORY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 75 of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 77 of Regulation (EC) No 207/2009))
(2010/C 179/66)
Language of the case: English

Parties


Applicant: Ravensburger AG (Ravensburg, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Educa Borras, SA (Barcelona, Spain) (represented by: I. Valdelomar Serrano, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 January 2009 (Case R 305/2008-2), relating to invalidity proceedings between Educa Borras, SA and Ravensburger AG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ravensburger AG to pay the costs.






(1)  OJ C 129, 6.6.2009.
Case T-21/05: Judgment of the General Court of 19 May 2010 — Chalkor v Commission (Competition — Agreements, decisions and concerted practices — Copper plumbing tube industry — Decision finding an infringement of Article 81 EC — Continuous and multiform infringement — Fines — Limited participation in the cartel — Geographic extent of the relevant market — Duration of the infringement — Cooperation)
Date: 2010-05-19
Institutions: General Court
Subjects: Greece, action for annulment (EU), competition policy, copper, fine, tube








C_2010179EN.01003101.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/31






Judgment of the General Court of 19 May 2010 — Chalkor v Commission
(Case T-21/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Fines - Limited participation in the cartel - Geographic extent of the relevant market - Duration of the infringement - Cooperation)
(2010/C 179/51)
Language of the case: English

Parties


Applicant: Chalkor AE Epexergasias Metallon (Athens, Greece) (represented by: I. Forrester QC, A. Schulz and A. Komninos, lawyers)

Defendant: European Commission (represented by: P. Oliver and S. Noë, Agents)

Re:

Application for cancellation or reduction of the fine imposed on the applicant by Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes).

Operative part of the judgment

The Court:






1.


Orders that the fine imposed on Chalkor AE Epexergasias Metallon under Article 2(d) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) shall be set at EUR 8,2467 million.










2.


Dismisses the action as to the remainder;










3.


Orders Chalkor Epexergasias Metallon and the European Commission to bear their own costs.






(1)  OJ C 82, 2.4.2005.
Prior notification of a concentration (Case COMP/M.5828 — Procter & Gamble/Sara Lee Air Care)  Text with EEA relevance
Date: 2010-05-19
Institutions: European Commission
Subjects: cosmetic product, cosmetics industry, economic concentration, exchange of information, merger control, polishing and scouring preparations








C_2010129EN.01001801.xml










19.5.2010   


EN


Official Journal of the European Union


C 129/18





Prior notification of a concentration
(Case COMP/M.5828 — Procter & Gamble/Sara Lee Air Care)
(Text with EEA relevance)
2010/C 129/10






1.


On 10 May 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Procter & Gamble Company (P&G, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Sara Lee Air Care (USA) by way of purchase of assets. The concentration had been referred to the Commission by the German Bundeskartellamt pursuant to Article 22 of the Merger Regulation. The referral was subsequently joined by the UK, Spain, Portugal and Belgium.










2.


The business activities of the undertakings concerned are:






—


for P&G: the manufacturing, development, distribution and marketing of household care products including air care under the Febreze brand, beauty care, health care and well being, baby and family care products,










—


for Sara Lee Air Care: the manufacturing and marketing of aire care products under the Ambi Pur brand.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. 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), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5828 — Procter & Gamble/Sara Lee Air Care, 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’).
Request for an Advisory Opinion from the EFTA Court by Fürstliches Obergericht dated 19 May 2010 in the case of Dr Joachim Kottke v Präsidial Anstalt and Sweetlye Stiftung (Case E-5/10)
Date: 2010-05-19
Institutions: Liechtenstein
Subjects: EFTA Court, EFTA countries, Liechtenstein, discrimination on the basis of nationality, guarantee








C_2010325EN.01002201.xml










2.12.2010   


EN


Official Journal of the European Union


C 325/22





Request for an Advisory Opinion from the EFTA Court by Fürstliches Obergericht dated 19 May 2010 in the case of Dr Joachim Kottke v Präsidial Anstalt and Sweetlye Stiftung
(Case E-5/10)
2010/C 325/06
A request has been made to the EFTA Court by a letter of 19 May 2010 from Fürstliches Obergericht (Princely Court of Appeal), which was received at the Court Registry on 27 May 2010, for an Advisory Opinion in the case of Dr Joachim Kottke v Präsidial Anstalt and Sweetlye Stiftung, on the following questions:






1.


Does the Agreement on the European Economic Area, which entered into force in Liechtenstein on 1 May 1995, constitute a (multilateral) treaty which, as a result of the prohibition of discrimination contained particularly in Article 4 thereof, prohibit an obligation to provide security for costs from being imposed on claimants who reside in another EEA Member State if claimants who reside in Liechtenstein are not obliged to provide such security for costs?
In the event that the first question is answered in the negative:










2.


Is the provision contained in Section 57(2) point 1 of the Liechtenstein Zivilprozessordnung (Code of Civil Procedure), whereby a waiver of the obligation on claimants who reside in another State to provide security is made conditional upon the possibility of enforcement in the country of residence, compatible with the EEA Agreement, in particular with the general prohibition of discrimination under Article 4 thereof, insofar as it applies to claimants who reside in an EEA Member State?
Commission Regulation (EU) No 426/2010 of 19 May 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-05-19
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2010124EN.01000101.xml










20.5.2010   


EN


Official Journal of the European Union


L 124/1








            COMMISSION REGULATION (EU) No 426/2010
of 19 May 2010
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 20 May 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 May 2010.


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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


69,6 




MK 


66,4 




TN 


80,6 




TR 


63,4 




ZZ 


70,0 




0707 00 05 


MA 


46,5 




MK 


52,3 




TR 


119,4 




ZZ 


72,7 




0709 90 70 


TR 


112,1 




ZZ 


112,1 




0805 10 20 


EG 


59,4 




IL 


55,0 




MA 


51,7 




PY 


48,3 




TN 


51,1 




TR 


49,3 




ZA 


74,5 




ZZ 


55,6 




0805 50 10 


AR 


98,3 




BR 


117,8 




TR 


74,7 




ZA 


105,9 




ZZ 


99,2 




0808 10 80 


AR 


79,6 




BR 


78,0 




CA 


69,6 




CL 


81,5 




CN 


74,6 




MK 


26,7 




NZ 


119,8 




US 


122,4 




UY 


77,5 




ZA 


83,7 




ZZ 


81,3 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.