do-me/EUR-LEX huggingface dataset:
Case C-571/08: Judgment of the Court (Third Chamber) of 24 June 2010 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 95/59/EC — Taxes other than turnover taxes which affect the consumption of manufactured tobacco — Article 9(1) — Free determination, by manufacturers and importers, of the maximum retail selling prices of their products — National legislation imposing a minimum retail selling price for cigarettes — Justification — Protection of public health)
Date: 2010-06-24
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, approval of tariffs, assessment of prices, smoking, tobacco








C_2010221EN.01000702.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/7





Judgment of the Court (Third Chamber) of 24 June 2010 — European Commission v Italian Republic
(Case C-571/08) (1)

(Failure of a Member State to fulfil obligations - Directive 95/59/EC - Taxes other than turnover taxes which affect the consumption of manufactured tobacco - Article 9(1) - Free determination, by manufacturers and importers, of the maximum retail selling prices of their products - National legislation imposing a minimum retail selling price for cigarettes - Justification - Protection of public health)
2010/C 221/11
Language of the case: Italian

Parties


Applicant: European Commission (represented by: W. Mölls and L. Pignataro, acting as Agents)

Defendant: Italian Republic (represented by: I. Bruni, then by G. Palmieri, acting as Agents and F. Arena, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 9 of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (OJ 1995 L 291, p. 40) — Fixing minimum prices — Approval of prices.

Operative part of the judgment

The Court:






1.


Declares that, by providing for a minimum price for cigarettes, the Italian Republic has failed to fulfil its obligations under Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco, as amended by Council Directive 2002/10/EC of 12 February 2002;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 55, 7.3.2009.
Case C-117/09 P: Order of the Court of 24 June 2010 — Kronoply GmbH & Co. KG v European Commission (Appeal — State aid — Application for aid intended to amend aid previously granted to the recipient undertaking and notified to the Commission after the investment project had been fully completed — Criteria of the incentive effect and of necessity)
Date: 2010-06-24
Institutions: Court of Justice
Subjects: Germany, State aid, action for failure to fulfil an obligation, control of State aid, investment project, regional aid








C_2010346EN.01002102.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/21





Order of the Court of 24 June 2010 — Kronoply GmbH & Co. KG v European Commission
(Case C-117/09 P) (1)

(Appeal - State aid - Application for aid intended to amend aid previously granted to the recipient undertaking and notified to the Commission after the investment project had been fully completed - Criteria of the incentive effect and of necessity)
2010/C 346/35
Language of the case: German

Parties


Appellant: Kronoply GmbH & Co. KG (represented by: R. Nierer and L. Gordalla, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: K. Gross, V. Kreuschitz and T. Scharf, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 January 2009 in Case T-162/06 Kronoply v Commission by which the Court dismissed the application for annulment of Commission Decision 2006/262/EC of 21 September 2005 declaring State aid which Germany is planning to implement for the appellant to be incompatible with the common market (OJ 2006 L 94, p. 50) — Proposed aid intended to amend aid previously granted to the recipient undertaking notified to the Commission after the investment project had been fully completed by means of the aid initially approved — Incorrect assessment of the incentive effect and of the necessity of the aid at issue

Operative part of the order







1.


The appeal is dismissed.










2.


Kronoply GmbH & Co. KG is ordered to pay the costs.






(1)  OJ C 141, 20.6.2009.
Council Decision of 24 June 2010 appointing half of the members of the Management Board of the European Food Safety Authority
Date: 2010-06-24
Institutions: Council of the European Union
Subjects: European Food Safety Authority, appointment of members, board of directors








C_2010171EN.01000301.xml










30.6.2010   


EN


Official Journal of the European Union


C 171/3





COUNCIL DECISION
of 24 June 2010
appointing half of the members of the Management Board of the European Food Safety Authority
2010/C 171/05
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 25(1) thereof,
Having regard to the list of candidates submitted to the Council by the European Commission,
Having regard to the views expressed by the European Parliament,
Whereas:






(1)


It is vital to ensure the independence, high scientific quality, transparency and efficiency of the European Food Safety Authority (hereinafter referred to as ‘EFSA’). Cooperation with Member States is also indispensable.










(2)


Half of the members of the Management Board of the Authority will finish their term of office on 30 June 2010.










(3)


Candidatures have been examined with a view to appointing seven new members of the Management Board on the basis of the documentation provided by the Commission and in the light of the views expressed by the European Parliament. The aim is to secure the highest standard of competence, a broad range of relevant expertise, for instance in management and in public administration, and the broadest possible geographic distribution within the Union.










(4)


Three of the current EFSA Management Board members have a background in organisations representing consumers and other interests in the food chain, therefore, at least one of the new members of the EFSA Management Board should still have such a background,




HAS ADOPTED THIS DECISION:
Article 1
The following shall be appointed as members of the Management Board of the European Food Safety Authority for the period from 1 July 2010 to 30 June 2014:
Diána Bánáti (2)

Manuel Barreto Dias
Marianne Elvander (2)

Milan Kováč
Stella Michaelidou-Canna
Jan Mousing
Pieter Vanthemsche (3)

Article 2
This Decision shall be published in the Official Journal of the European Union.

Done at Luxembourg, 24 June 2010.


For the Council


The President

J. BLANCO LÓPEZ




(1)  OJ L 31, 1.2.2002, p. 1.

(2)  Current member of the EFSA Management Board.

(3)  Background in organisations representing other interests in the food chain.
Euro exchange rates
Date: 2010-06-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2010164EN.01000201.xml










24.6.2010   


EN


Official Journal of the European Union


C 164/2





Euro exchange rates (1)

23 June 2010
2010/C 164/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2271




JPY


Japanese yen


110,76




DKK


Danish krone


7,4438




GBP


Pound sterling


0,82290




SEK


Swedish krona


9,5120




CHF


Swiss franc


1,3611




ISK


Iceland króna


 




NOK


Norwegian krone


7,9290




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,725




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


280,38




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7084




PLN


Polish zloty


4,0662




RON


Romanian leu


4,2235




TRY


Turkish lira


1,9239




AUD


Australian dollar


1,4062




CAD


Canadian dollar


1,2680




HKD


Hong Kong dollar


9,5445




NZD


New Zealand dollar


1,7276




SGD


Singapore dollar


1,7064




KRW


South Korean won


1 457,85




ZAR


South African rand


9,2776




CNY


Chinese yuan renminbi


8,3595




HRK


Croatian kuna


7,1950




IDR


Indonesian rupiah


11 109,73




MYR


Malaysian ringgit


3,9709




PHP


Philippine peso


56,506




RUB


Russian rouble


38,0524




THB


Thai baht


39,730




BRL


Brazilian real


2,1975




MXN


Mexican peso


15,4432




INR


Indian rupee


56,6740






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5904 — SAP/Sybase)  Text with EEA relevance
Date: 2010-06-24
Institutions: European Commission
Subjects: consultancy, economic concentration, exchange of information, information processing, merger control, software








C_2010164EN.01002501.xml










24.6.2010   


EN


Official Journal of the European Union


C 164/25





Prior notification of a concentration
(Case COMP/M.5904 — SAP/Sybase)
(Text with EEA relevance)
2010/C 164/09






1.


On 16 June 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 SAP AG (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Sybase (USA) by way of public bid.










2.


The business activities of the undertakings concerned are:






—


for SAP: provider of Enterprise Application Software Solutions (EAS), including support, consulting, maintenance and other related services,










—


for Sybase: software vendor, focusing on databases, data management/middleware and mobile architectures.














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.5904 — SAP/Sybase, 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’).
No State aid within the meaning of Article 61 of the EEA Agreement
Date: 2010-06-24
Institutions: EFTA Surveillance Authority
Subjects: Liechtenstein, State aid, bus, control of State aid, disclosure of information, road transport








C_2010164EN.01001101.xml










24.6.2010   


EN


Official Journal of the European Union


C 164/11





No State aid within the meaning of Article 61 of the EEA Agreement
2010/C 164/05
The EFTA Surveillance Authority considers that the following measures do not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:







Date of adoption of the decision


:


16 December 2009




Case number


:


48093




EFTA State


:


Liechtenstein




Type of measure


:


n.a.




Economic sectors


:


Bus transportation services




Name and address of the granting authority


:







Liechtenstein Bus Anstalt




Städtle 17




9490 Vaduz




LIECHTENSTEIN








Other information


:


—




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case C-478/09: Judgment of the Court (Seventh Chamber) of 24 June 2010 — European Commission v Hellenic Republic (Merger or division of public limited liability companies — Requirement of an independent expert’s report — Failure to transpose within the prescribed period)
Date: 2010-06-24
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, company law, demerger, merger, national implementing measure, public limited company, report








C_2010221EN.01001401.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/14





Judgment of the Court (Seventh Chamber) of 24 June 2010 — European Commission v Hellenic Republic
(Case C-478/09) (1)

(Merger or division of public limited liability companies - Requirement of an independent expert’s report - Failure to transpose within the prescribed period)
2010/C 221/22
Language of the case: Greek

Parties


Applicant: European Commission (represented by: S. La Pergola and M. Karanasou Apostolopoulou, acting as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou and V. Karra, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to take within the prescribed period the measures necessary to comply with Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies.

Operative part of the judgment

The Court:






1.


Declares that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies or in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 24, 30.1.2010.
Case F-49/10: Action brought on 24 June 2010 — De Nicola v EIB
Date: 2010-06-24
Institutions: Civil Service Tribunal
Subjects: European Investment Bank, action for annulment, civil servant, health service, therapeutics








C_2010221EN.01006102.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/61





Action brought on 24 June 2010 — De Nicola v EIB
(Case F-49/10)
()
2010/C 221/98
Language of the case: Italian

Parties


Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Application for annulment of the decision communicated to the applicant on 11 May 2009 insofar as it essentially obstructed the attempted amicable settlement of the matter by rejecting by implication the claim for reimbursement of medical expenses for laser therapy treatment, and an order that the defendant pay to the applicant the sum of EUR 3 000 together with interest, monetary inflation to be taken into account in fixing the amount awarded.

Form of order sought







—


Annul the measure communicated by e-mail on 11 May 2010.










—


Order the EIB to pay to the applicant the sum of EUR 3 000, expenditure for the laser therapy treatment undergone in 2007, together with compensation for monetary inflation and interest on the amount awarded.










—


Order the EIB to pay the costs of the proceedings.
Case C-51/09 P: Judgment of the Court (Fourth Chamber) of 24 June 2010 — Barbara Becker v Harman International Industries, Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word mark Barbara Becker — Opposition by the proprietor of the Community word marks BECKER and BECKER ONLINE PRO — Assessment of the likelihood of confusion — Assessment of the conceptual similarity of the signs)
Date: 2010-06-24
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, satellite navigation, software, trade-mark law








C_2010221EN.01001001.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/10





Judgment of the Court (Fourth Chamber) of 24 June 2010 — Barbara Becker v Harman International Industries, Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-51/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark Barbara Becker - Opposition by the proprietor of the Community word marks BECKER and BECKER ONLINE PRO - Assessment of the likelihood of confusion - Assessment of the conceptual similarity of the signs)
2010/C 221/15
Language of the case: English

Parties


Appellant: Barbara Becker (represented by: P. Baronikians, Rechtsanwalt)

Other parties to the proceedings: Harman International Industries, Inc. (represented by: M. Vanhegan, Barrister), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 2 December 2008 in Case T-212/07 Harman International Industries v OHIM — Becker (Barbara Becker), in which the Court of First Instance annulled Decision R 502/2006-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 March 2007 annulling the Opposition Division’s decision refusing the registration of the word mark ‘Barbara Becker’ for goods in Class 9 in opposition proceedings brought by Harman International Industries, Inc.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Court of First Instance of the European Communities of 2 December 2008 in Case T-212/07 Harman International Industries v OHIM — Becker (Barbara Becker);










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 82, 4.4.2009.
Non-opposition to a notified concentration (Case COMP/M.5815 — PFD/Radio Salü/Antenne)  Text with EEA relevance
Date: 2010-06-24
Institutions: European Commission
Subjects: broadcasting, disclosure of information, economic concentration, merger control, press undertaking, restrictive-practice authorisation, television








C_2010164EN.01000101.xml










24.6.2010   


EN


Official Journal of the European Union


C 164/1





Non-opposition to a notified concentration
(Case COMP/M.5815 — PFD/Radio Salü/Antenne)
(Text with EEA relevance)
2010/C 164/01
On 16 June 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 32010M5815. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 559/2010 of 24 June 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-06-24
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit








L_2010159EN.01002201.xml










25.6.2010   


EN


Official Journal of the European Union


L 159/22








            COMMISSION REGULATION (EU) No 559/2010
of 24 June 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 25 June 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 June 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 


44,4 




MK 


39,0 




TR 


53,0 




ZZ 


45,5 




0707 00 05 


MK 


36,4 




TR 


118,5 




ZZ 


77,5 




0709 90 70 


TR 


99,2 




ZZ 


99,2 




0805 50 10 


AR 


80,3 




TR 


97,3 




US 


84,1 




ZA 


91,7 




ZZ 


88,4 




0808 10 80 


AR 


89,3 




BR 


83,0 




CA 


68,4 




CL 


93,9 




CN 


56,5 




NZ 


116,6 




US 


137,2 




UY 


160,6 




ZA 


89,5 




ZZ 


99,4 




0809 10 00 


TR 


236,2 




ZZ 


236,2 




0809 20 95 


SY 


178,6 




TR 


314,4 




US 


700,6 




ZZ 


397,9 




0809 30 


TR 


149,8 




ZZ 


149,8 




0809 40 05 


AU 


185,7 




EG 


218,2 




IL 


92,2 




US 


373,2 




ZZ 


217,3 






(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’.