do-me/EUR-LEX huggingface dataset:
Case T-424/08: Judgment of the General Court of 19 May 2010 — Nexus Europe (Ireland) v Commission (Arbitration clause — Fifth framework programme for research, technological development and demonstration activities — Macro-Economic and Urban Trends in Europe’s Information Society (MUTEIS) Project — Loss caused by amending a contract in relation to the system for reimbursing costs incurred by a participant in the project)
Date: 2010-05-19
Institutions: General Court
Subjects: European Commission, European Economic Area, action for annulment (EU), fine, fraud, knowledge economy, research and development








C_2010179EN.01003601.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/36






Judgment of the General Court of 19 May 2010 — Nexus Europe (Ireland) v Commission
(Case T-424/08) (1)

(Arbitration clause - Fifth framework programme for research, technological development and demonstration activities - Macro-Economic and Urban Trends in Europe’s Information Society (MUTEIS) Project - Loss caused by amending a contract in relation to the system for reimbursing costs incurred by a participant in the project)
(2010/C 179/61)
Language of the case: English

Parties


Applicant: Nexus Europe (Ireland) Ltd (Dublin, Ireland) (represented by: M. Noonan, Barrister)

Defendant: European Commission (represented by: R. Lyal and A. Sauka, Agents)

Re:

Application for compensation for the loss allegedly suffered by the applicant as a consequence of the Commission obtaining certain amendments to the contract MUTEIS IST-2000-30117, concluded on 31 October 2001.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nexus Europe (Ireland) Ltd to pay the costs.






(1)  OJ C 6, 10.1.2009.
Notice of the impending expiry of certain anti-dumping measures
Date: 2010-05-19
Institutions: European Commission
Subjects: China, Indonesia, Taiwan, Thailand, Viet Nam, anti-dumping duty, anti-dumping legislation, import, iron and steel product, originating product








C_2010129EN.01001601.xml










19.5.2010   


EN


Official Journal of the European Union


C 129/16





Notice of the impending expiry of certain anti-dumping measures
2010/C 129/08
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Stainless steel fasteners and parts thereof


People's Republic of China
Indonesia
Taiwan
Thailand
Vietnam


Anti-dumping duty


Council Regulation (EC) No 1890/2005 (OJ L 302, 19.11.2005, p. 1) as last amended by Council Regulation (EC) No 768/2009 (OJ L 221, 25.8.2009, p. 1)


20.11.2010






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.
Case C-248/10: Action brought on 19 May 2010 — European Commission v Hellenic Republic
Date: 2010-05-19
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, credit institution, financial instrument, financial market








C_2010209EN.01002601.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/26





Action brought on 19 May 2010 — European Commission v Hellenic Republic
(Case C-248/10)
()
2010/C 209/36
Language of the case: Greek

Parties


Applicant: European Commission (represented by: K. Karanasou-Apostolopoulou and A. Nijenhuis)

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:






—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply fully with Directive 2007/44/EC (1) of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector, or in any event by failing to inform the Commission of those measures, the Hellenic Republic has failed to fulfil its obligations under that directive;










—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments

The time-limit for transposing Directive 2007/44/EC into domestic law expired on 21 March 2009.


(1)  OJ L 247 of 21.9.2007, p. 1
Prior notification of a concentration (Case COMP/M.5841 — Cathay Pacific Airways/Air China/ACC)  Text with EEA relevance
Date: 2010-05-19
Institutions: European Commission
Subjects: air transport, carriage of goods, carriage of passengers, economic concentration, exchange of information, merger control








C_2010129EN.01001701.xml










19.5.2010   


EN


Official Journal of the European Union


C 129/17





Prior notification of a concentration
(Case COMP/M.5841 — Cathay Pacific Airways/Air China/ACC)
(Text with EEA relevance)
2010/C 129/09






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 undertakings Cathay Pacific Airways Limited (‘Cathay Pacific’, Hong Kong) and Air China Limited (‘Air China’, China) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Air China Cargo Co. Limited (‘ACC’, China), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Cathay Pacific: international airline company active in passenger and cargo services,










—


Air China: international and domestic airline company. Through its 51 % stake in Shenzhen Airlines, which in turn has a 51 % stake in Jade Cargo International, Air China has an indirect majority participation in Jade Cargo International, which is also active in international air cargo transport,










—


ACC: current subsidiary of Air China active in air cargo services.














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.5841 — Cathay Pacific Airways/Air China/ACC, 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’).
Case C-253/10: Action brought on 19 May 2010 — European Commission v Slovak Republic
Date: 2010-05-19
Institutions: Court of Justice
Subjects: Slovakia, action for failure to fulfil an obligation, environmental protection, storage of waste, waste management








C_2010195EN.01001402.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/14





Action brought on 19 May 2010 — European Commission v Slovak Republic
(Case C-253/10)
2010/C 195/21
Language of the case: Slovak

Parties


Applicant: European Commission (represented by: A. Tokár and A. Marghelis, acting as Agents)

Defendant: Slovak Republic

Form of order sought







—


declare that, by failing to adopt a national strategy for the implementation of the reduction of biodegradable waste going to landfills in accordance with Article 5(1) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Slovak Republic has failed to fulfil its obligations under Article 5(1) of that directive;










—


order Slovak Republic to pay the costs.





Pleas in law and main arguments

According to Article 5(1) of Council Directive 1999/31/EC, ‘Member States shall set up a national strategy for the implementation of the reduction of biodegradable waste going to landfills, not later than two years after the date laid down in Article 18(1) and notify the Commission of this strategy’, Article 18(1) providing that ‘Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than two years after its entry into force’. Pursuant to Article 19, the directive entered into force 16 July 1999. That directive thus had to be complied with by 16 July 2001 and the obligation to set up a national strategy, as laid down in Article 5(1), had to be fulfilled by 16 July 2003.
Since for new Member States no different time-limit was laid down in Article 54 of the Act concerning the conditions of accession, the Slovak Republic was to set up a national strategy for the implementation of the reduction of biodegradable waste going to landfills pursuant to Article 5(1) by the date of accession, that is, by 1 May 2004.
The European Commission thus claims that the Slovak Republic has failed to fulfil its obligations under Article 5(1) of Directive 1999/31/EC on the landfill of waste.
Case C-244/10: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 19 May 2010 — Mesopotamia Broadcast A/S METV v Federal Republic of Germany
Date: 2010-05-19
Institutions: Court of Justice
Subjects: Germany, approximation of laws, association, broadcasting, interpretation of the law, television








C_2010234EN.01002003.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/20





Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 19 May 2010 — Mesopotamia Broadcast A/S METV v Federal Republic of Germany
(Case C-244/10)
()
2010/C 234/32
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Mesopotamia Broadcast A/S METV

Defendant: Federal Republic of Germany

Question referred

A ruling is sought from the Court of Justice of the European Union on whether and, if so, the circumstances under which the application of national legislation concerning the prohibition of an association for infringement of the principles of international understanding falls within the field coordinated by Council Directive 89/552/EEC (1) of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC (2) of 30 June 1997 and, thus, is precluded by Article 2a of the directive?


(1)  Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23).

(2)  Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 1997 L 202, p. 60).
Authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections  (Text with EEA relevance)
Date: 2010-05-19
Institutions: European Commission
Subjects: Germany, Spain, State aid, control of State aid, research and development








C_2010129EN.01000101.xml










19.5.2010   


EN


Official Journal of the European Union


C 129/1





Authorisation for State aid pursuant to Articles 107 and 108 TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2010/C 129/01






Date of adoption of the decision


12.2.2010




Reference number of State Aid


N 32/10




Member State


Spain




Region


Pais Vasco




Title (and/or name of the beneficiary)


Ayudas a proyectos de innovación en materia de procesos y organización en actividades de servicio




Legal basis


Borrador de Decreto de ayudas a la investigación, desarrollo e innovación en el sector agrario, alimentario y pesquero




Type of measure


Aid scheme




Objective


Research and development




Form of aid


Direct grant




Budget


Annual budget: EUR 0,7 million
Overall budget: EUR 4,2 million




Intensity


35 %




Duration (period)


until 31.12.2015




Economic sectors


Agriculture, Fisheries




Name and address of the granting authority







Gobierno Vasco — Dep. de Medio Ambiente, Planificación Territorial, Agricultura y Pesca




C/ Donostia, 1




01010 Vitoria — Pais Vasco




ESPAÑA








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


7.4.2010




Reference number of State Aid


N 85/10




Member State


Germany




Region


Forschung für die zivile Sicherheit




Title (and/or name of the beneficiary)


Forschung für die zivile Sicherheit




Legal basis


Programmrichtlinien „Forschung für zivile Sicherheit — Programm der Bundesregierung“ gemäß Beschluss des Bundeskabinetts vom 24. Januar 2007.




Type of measure


Aid scheme




Objective


Research and development




Form of aid


Direct grant




Budget


Annual budget: EUR 74 million
Overall budget: EUR 222 million




Intensity


100 %




Duration (period)


1.1.2011-31.12.2013




Economic sectors


All sectors




Name and address of the granting authority







Bundesministerium für Bildung und Forschung




Heinemannstraße 2




53175 Bonn




DEUTSCHLAND








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
Case T-163/08: Order of the General Court of 19 May 2010 — Arbeitsgemeinschaft Golden Toast v OHIM (Golden Toast) (Community trade mark — Application for the Community word mark Golden Toast — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009))
Date: 2010-05-19
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010179EN.01003401.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/34






Order of the General Court of 19 May 2010 — Arbeitsgemeinschaft Golden Toast v OHIM (Golden Toast)
(Case T-163/08) (1)

(Community trade mark - Application for the Community word mark Golden Toast - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009))
(2010/C 179/57)
Language of the case: German

Parties


Applicant: Arbeitsgemeinschaft Golden Toast e.V. (Düsseldorf, Germany) (represented by: A. Späth and G. Hasselblatt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2008 (Case R 761/2007-1) relating to an application to register the word sign Golden Toast as a Community trade mark.

Operative part of the order

The Court






1.


Dismisses the action;










2.


Orders the Arbeitsgemeinschaft Golden Toast e.V. to pay the costs.






(1)  OJ C 171, 5.7.2008.
Prior notification of a concentration (Case COMP/M.5872 — Warburg Pincus/Poundland) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-05-19
Institutions: European Commission
Subjects: consumer goods, economic concentration, exchange of information, financial services, marketing, merger control








C_2010129EN.01001901.xml










19.5.2010   


EN


Official Journal of the European Union


C 129/19





Prior notification of a concentration
(Case COMP/M.5872 — Warburg Pincus/Poundland)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 129/11






1.


On 7 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 Warburg Pincus & Co. (‘Warburg Pincus’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Poundland Holdings Limited (‘Poundland’, UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Warburg Pincus: private equity investor,










—


for Poundland: retail sales of daily consumer goods.














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.5872 — Warburg Pincus/Poundland, 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’).
Non-opposition to a notified concentration (Case COMP/M.5724 — Suez Environnement/AGBAR)  Text with EEA relevance
Date: 2010-05-19
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, wastewater, water supply, water treatment








C_2010129EN.01001001.xml










19.5.2010   


EN


Official Journal of the European Union


C 129/10





Non-opposition to a notified concentration
(Case COMP/M.5724 — Suez Environnement/AGBAR)
(Text with EEA relevance)
2010/C 129/03
On 27 April 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 32010M5724. EUR-Lex is the on-line access to the European law.