do-me/EUR-LEX huggingface dataset:
Action brought on 21 May 2010 by the Principality of Liechtenstein against the EFTA Surveillance Authority (Case E-4/10)
Date: 2010-05-21
Institutions: Liechtenstein
Subjects: EFTA Court, Liechtenstein, action for annulment, insurance company








C_2010191EN.01001101.xml










15.7.2010   


EN


Official Journal of the European Union


C 191/11





Action brought on 21 May 2010 by the Principality of Liechtenstein against the EFTA Surveillance Authority
(Case E-4/10)
2010/C 191/09
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 21 May 2010 by the Principality of Liechtenstein, represented by Dr Andrea Entner-Koch, acting as Agent for the Principality of Liechtenstein, EEA Coordination Unit, Austrasse 79/Europark, FL-9490 Vaduz.
The Principality of Liechtenstein requests the EFTA Court to:






1.


Annul the EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 regarding the taxation of captive insurance companies under the Liechtenstein Tax Act;










2.


In the alternative, declare void Articles 3 and 4 of the EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010, to the extent that they order the recovery of the aid referred to in Article 1 of that Decision;
and










3.


Order the EFTA Surveillance Authority to pay the costs of the proceedings.





Legal and factual background and pleas in law adduced in support:







—


The EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 declared that the tax rules applicable to captive (re)insurers in Liechtenstein, under Articles 82(a) and 88(d)(3) of the Liechtenstein Tax Act, constituted State aid within the meaning of Article 61(1) of the EEA Agreement, as they taxed captive (re)insurers more favourably than ‘normal insurance companies’. The EFTA Surveillance Authority further decided that the alleged aid constituted unlawful aid subject to recovery from the captive (re)insurers as from 6 November 2001.










—


The applicant contends that the tax provisions at stake do not constitute State aid within the meaning of Article 61(1) of the EEA Agreement










—


The applicant claims that the EFTA Surveillance Authority:






—


erred when it applied Article 61(1) of the EEA Agreement to the taxation of captives under the Liechtenstein Tax Act, and when it ordered the repayment of the alleged unlawful aid from the captive (re)insurances as from 6 November 2001;










—


wrongfully applied Article 61(1) of the EEA Agreement towards captives, given their special nature and restricted ambit of activities;










—


did not provide adequate reasoning in its contested Decision, as required by Article 16 of the Surveillance and Court Agreement.
Case T-228/10: Action brought on 21 May 2010 — Telefónica v Commission
Date: 2010-05-21
Institutions: General Court
Subjects: Spain, State aid, action for annulment (EU), control of State aid, fiscal policy








C_2010195EN.01002802.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/28





Action brought on 21 May 2010 — Telefónica v Commission
(Case T-228/10)
2010/C 195/44
Language of the case: Spain

Parties


Applicant: Telefónica, SA (Madrid, Spain) (represented by: J. Ruiz Calzado, M. Núñez Müller and J. Domínguez Pérez, lawyers)

Defendant: European Commission

Form of order sought







—


annul Article 1(1) of the Decision;










—


order the Commission to pay all the costs arising from the proceedings.





Pleas in law and main arguments

The decision against which these proceedings are brought is the same as that contested in Cases T-219/10 Autogrill España v Commission; T-221/10 IBERDROLA v Commission; and T-227/10 Banco Santander v Commission.
The pleas in law and the principal arguments are similar to those relied on in those cases.
Corrigendum to prior notification of a concentration (Case COMP/M.5740 — Gazprom/A2A/JV) ( This text annuls and replaces that published in OJ C 126, 18.5.2010, p. 16 )
Date: 2010-05-21
Institutions: European Commission
Subjects: economic concentration, energy distribution, exchange of information, gas industry, merger control








C_2010132EN.01002001.xml










21.5.2010   


EN


Official Journal of the European Union


C 132/20





Corrigendum to prior notification of a concentration (Case COMP/M.5740 — Gazprom/A2A/JV)
(This text annuls and replaces that published in 
Official Journal of the European Union C 126 of 18 May 2010, p. 16

)
2010/C 132/09
 


‘Prior notification of a concentration
(Case COMP/M.5740 — Gazprom/A2A/JV)
(Text with EEA relevance)






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 Gazprom Germania GmbH (“Gazprom Germania”, Germany), which is ultimately controlled by OAO Gazprom (“Gazprom”, Russian Federation) and the undertaking A2A SpA (“A2A”, Italy), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking PremiumGas SpA (“PremiumGas”, Italy), by way of purchase of shares in a company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for Gazprom Germania: it is active in the sale of gas in Europe and in the Community of Independent States (CIS) (2) as well as in the construction of gas infrastructure;










—


for A2A: it operates mainly in Italy in the supply of electricity, gas, district heating and waste treatment;










—


PremiumGas: it is active in the supply of natural gas in Italy.














3.


On preliminary examination, the European Commission finds that the notified transaction could fall within the scope of the 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 European Commission not later than 10 days following the date of the original publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5740 — Gazprom/A2A/JV, 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 “Merger Regulation”).

(2)  The countries of the CIS are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.’
Case T-441/08: Order of the General Court of 21 May 2010 — ICO Services v Parliament and Council (Actions for annulment — Decision No 626/2008/EC — Common framework for the selection and authorisation of operators of systems providing mobile satellite services — Absence of direct concern — Inadmissibility)
Date: 2010-05-21
Institutions: General Court
Subjects: EU Member State, European Council, action for annulment (EU), mobile phone, parliament, satellite communications, telecommunications industry








C_2010195EN.01001801.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/18





Order of the General Court of 21 May 2010 — ICO Services v Parliament and Council
(Case T-441/08) (1)

(Actions for annulment - Decision No 626/2008/EC - Common framework for the selection and authorisation of operators of systems providing mobile satellite services - Absence of direct concern - Inadmissibility)
2010/C 195/28
Language of the case: English

Parties


Applicant: ICO Services Ltd (Slough, Berkshire, United Kingdom) (represented by: S. Tupper, Solicitor)

Defendants: European Parliament (represented by: J. Rodrigues and R. Kaškina, Agents) and Council of the European Union (represented by: G. Kimberley and F. Florindo Gijón, Agents)

Intervener in support of the defendants: European Commission (represented by: M. Wilderspin and A. Nijenhuis, Agents)

Re:

Application for annulment of Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS) (OJ 2008 L 172, p. 15)

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


ICO Services Ltd shall bear its own costs and pay the costs of the European Parliament and of the Council of the European Union.










3.


The European Commission shall bear its own costs.






(1)  OJ C 6, 10.1.2009.
Commission Regulation (EU) No 441/2010 of 21 May 2010 entering a name in the register of protected designations of origin and protected geographical indications [Canestrato di Moliterno (PGI)]
Date: 2010-05-21
Institutions: European Commission
Subjects: Italy, cheese, designation of origin, location of production, originating product, product designation








L_2010126EN.01000601.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/6








            COMMISSION REGULATION (EU) No 441/2010
of 21 May 2010
         
entering a name in the register of protected designations of origin and protected geographical indications [Canestrato di Moliterno (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Canestrato di Moliterno’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following 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, 21 May 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 235, 30.9.2009, p. 28.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY
Canestrato di Moliterno (PGI)
Euro exchange rates
Date: 2010-05-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2010132EN.01000901.xml










21.5.2010   


EN


Official Journal of the European Union


C 132/9





Euro exchange rates (1)

20 May 2010
2010/C 132/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2334




JPY


Japanese yen


111,93




DKK


Danish krone


7,4422




GBP


Pound sterling


0,86440




SEK


Swedish krona


9,7388




CHF


Swiss franc


1,4179




ISK


Iceland króna


 




NOK


Norwegian krone


8,0450




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,913




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


283,00




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7074




PLN


Polish zloty


4,1880




RON


Romanian leu


4,2031




TRY


Turkish lira


1,9625




AUD


Australian dollar


1,4920




CAD


Canadian dollar


1,3120




HKD


Hong Kong dollar


9,6233




NZD


New Zealand dollar


1,8412




SGD


Singapore dollar


1,7389




KRW


South Korean won


1 473,34




ZAR


South African rand


9,8041




CNY


Chinese yuan renminbi


8,4215




HRK


Croatian kuna


7,2680




IDR


Indonesian rupiah


11 297,49




MYR


Malaysian ringgit


4,0400




PHP


Philippine peso


56,720




RUB


Russian rouble


38,5590




THB


Thai baht


39,931




BRL


Brazilian real


2,3067




MXN


Mexican peso


16,1134




INR


Indian rupee


57,7540






(1)  Source: reference exchange rate published by the ECB.
Case T-231/10: Action brought on 21 May 2010 — Merlin and Others v OHIM — Dusyma (Games)
Date: 2010-05-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment, designs and models, gaming, industrial property, toy industry, trade-mark law








C_2010209EN.01004301.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/43





Action brought on 21 May 2010 — Merlin and Others v OHIM — Dusyma (Games)
(Case T-231/10)
()
2010/C 209/66
Language in which the application was lodged: German

Parties


Applicants: Merlin Handelsgesellschaft mbH (Forchtenberg, Germany), Rolf Krämer (Forchtenberg), BLS Basteln, Lernen, Spielen GmbH (Forchtenberg), Andreas Hohl (Künzelsau, Germany), represented by: R. Kramer, 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: Dusyma Kindergartenbedarf GmbH (Schorndorf, Germany)

Form of order sought







—


annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 March 2010 in Case R 879/2009-3 and declare Community design No 526 801-0011 invalid;










—


in the alternative, annul the decision of the Third Board of Appeal and refer the case back to the Board of Appeal;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Registered Community design in respect of which a declaration of invalidity has been sought: Community design No 526 801-0011 for the products ‘Games (including educational games)’.

Proprietor of the Community trade mark: Dusyma Kindergartenbedarf GmbH.

Applicant for the declaration of invalidity: the Applicants.

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 3 of Council Regulation (EC) No 6/2002 (1) on Community designs, because the Board of Appeal misinterpreted the provisions of that article concerning definitions and did not take into consideration the fact that a Community design can also consist in the appearance of a part of a product.


(1)  Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).
Winding-up proceedings — Decision (Order EHA/662/2010 of 15 March 2010 ) to initiate winding up proceedings in respect of Seguros Mercurio, SA (Publication made in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
Date: 2010-05-21
Institutions: European Commission
Subjects: Spain, insurance company, judicial proceedings, liquidation








C_2010132EN.01001601.xml










21.5.2010   


EN


Official Journal of the European Union


C 132/16





Winding-up proceedings
Decision (Order EHA/662/2010 of 15 March 2010) to initiate winding up proceedings in respect of Seguros Mercurio, SA

(Publication made in accordance with Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)

2010/C 132/06






Insurance undertaking







Seguros Mercurio, S.A.




Cl Alfonso Gómez, 45 A




28037 Madrid




ESPAÑA








Date, entry into force and nature of the decision









Date


:


15 March 2010




Entry into force


:


15 March 2010




Nature of decision


:


Ministerial Order








Competent authorities


Ministry of Economic Affairs and Finance







Capacity


:


Minister for Economic Affairs and Finance




Name


:


Elena




Surnames


:


Salgado Méndez




Address


:







Cl Alcalá, 9




28046 Madrid




ESPAÑA












Supervisory authority


Directorate-General for Insurance and Pension Funds







Capacity


:


Director-General for Insurance and Pension Funds




Name


:


Ricardo




Surnames


:


Lozano Aragüés




Address


:







Po Castellana, 44




28046 Madrid




ESPAÑA












Liquidator appointed


Consorcio de Compensación de Seguros






Capacity:


Director-General




Name:


Ignacio




Surnames:


Machetti Bermejo




Address:







Po Castellana, 44




28046 Madrid




ESPAÑA








Tel.


+34 913395500




Fax


+34 913395678




E-mail:


actividadliquidadora@consorseguros.es








Applicable law


Spanish






—


Legislative Royal Decree 6/2004, of 29 December 2004, approving the revised text of the Law on the Organisation and Supervision of Private Insurance










—


Legislative Royal Decree 7/2004, of 29 December 2004, approving the revised text of the Memorandum and Articles of Association of the Consorcio de Compensación de Seguros










—


Royal Decree 2020/1986 of 22 August 1986 approving the Rules of Procedure of the Insurance Companies Settlements Commission
2010/294/: Council Decision of 10 May 2010 on the European Capital of Culture event for the year 2014
Date: 2010-05-21
Institutions: Council of the European Union
Subjects: Latvia, Sweden, capital city, cultural event, cultural policy, town








L_2010126EN.01002401.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/24








            COUNCIL DECISION
         
of 10 May 2010
         
on the European Capital of Culture event for the year 2014
(2010/294/EU)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,


Having regard to the Selection Panel reports of September 2009 regarding the selection process of the European Capitals of Culture in Sweden and Latvia respectively and the positive opinion issued by the European Parliament,


Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,


Having regard to the recommendation from the Commission of the 23 April 2010,

HAS ADOPTED THIS DECISION:



Sole Article
Umeå (Sweden) and Riga (Latvia) are designated as ‘European Capital of Culture 2014’.




Done at Brussels, 10 May 2010.


For the Council


The President

Á. GONZÁLEZ-SINDE REIG
            





(1)  
            OJ L 304, 3.11.2006, p. 1.
2010/295/CFSP: Political and Security Committee Decision EU BAM Rafah/1/2010 of 21 May 2010 extending the mandate of the Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point
Date: 2010-05-21
Institutions: Political and Security Committee
Subjects: Palestine question, border control, public safety, the EU's international role








L_2010126EN.01002501.xml










22.5.2010   


EN


Official Journal of the European Union


L 126/25








            POLITICAL AND SECURITY COMMITTEE DECISION EU BAM Rafah/1/2010
of 21 May 2010
         
extending the mandate of the Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point
(2010/295/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Joint Action 2005/889/CFSP of 12 December 2005 on establishing a European Union Border Assistance Mission at the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(2) thereof,

Whereas:







(1)


Pursuant to Article 10(2) of Joint Action 2005/889/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EU BAM Rafah mission, including the decision to appoint a Head of Mission.












(2)


On 11 November 2008, upon a proposal by the Secretary General/High Representative, the PSC appointed by Decision EUBAM Rafah/1/2008 (2) Mr Alain FAUGERAS as Head of Mission of EU BAM Rafah.












(3)


On 20 May 2010, the High Representative of the Union for Foreign Affairs and Security Policy proposed to the PSC that it extend the mandate of Mr Alain FAUGERAS as Head of Mission of EU BAM Rafah until 24 May 2011,





HAS ADOPTED THIS DECISION:



Article 1
The mandate of Mr Alain FAUGERAS as Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point is hereby extended from 25 November 2009 until 24 May 2011.


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




Done at Brussels, 21 May 2010.


For the Political and Security Committee


The President

C. FERNÁNDEZ-ARIAS
            





(1)  
            OJ L 327, 14.12.2005, p. 28.

(2)  
            OJ L 306, 15.11.2008, p. 99.
Case T-229/10: Action brought on 21 May 2010 — Graf-Syteco v OHIM — Teco Electric & Machinery (SYTECO)
Date: 2010-05-21
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), information technology, trade-mark law








C_2010195EN.01002803.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/28





Action brought on 21 May 2010 — Graf-Syteco v OHIM — Teco Electric & Machinery (SYTECO)
(Case T-229/10)
2010/C 195/45
Language in which the application was lodged: German

Parties


Applicant: Graf-Syteco Gmbh & Co. KG (Tuningen, Germany) (represented by: T. Kieser, lawyer)

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

Other party/parties to the proceedings before the Board of Appeal of OHIM: Teco Electric & Machinery Co. Ltd (Taipai, Taiwan)

Form of order sought







—


Amend the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 February 2010 in Case R 230/2009-1 so as to reject opposition No B 1 112 889 of 5 February 2007 based on the German figurative word mark No 30 327 439, the British and Northern Irish figurative word mark No 233 226, the Benelux figurative word mark No 742 535 and the Spanish figurative word mark No 2 545 860 TECO;










—


In the alternative, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 February 2010 in Case R 230/2009-1;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘SYTECO’ for goods and services in Classes 9, 37 and 42.

Proprietor of the mark or sign cited in the opposition proceedings: Teco Electric & Machinery Co. Ltd.

Mark or sign cited in opposition: Four national figurative marks which include the element ‘TECO’, for goods in Classes 7, 9 and 11.

Decision of the Opposition Division: The opposition was upheld in part.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).