do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5879 — Alstom/RZD/Cypriot Companies/TMH) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-10-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, railway industry








C_2010278EN.01002301.xml










15.10.2010   


EN


Official Journal of the European Union


C 278/23





Prior notification of a concentration
(Case COMP/M.5879 — Alstom/RZD/Cypriot Companies/TMH)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 278/14






1.


On 1 October 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation No 139/2004 (1) by which Alstom Holdings (‘Alstom’, France) and Russian Railways (‘RZD’, Russia) and Ammonis Trading Limited, Latorio Holdings Limited and Mafrido Trading Limited (together ‘the Cypriot Companies’, Cyprus) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of CJSC Transmashholding (‘TMH’, Russia) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Alstom: group of companies active world-wide mainly in the manufacture of equipment and the provision of services for power generation, power transmission, and rail transport,










—


for RZD: state-owned railway company and rail operator in Russia and in certain CIS states,










—


for the Cypriot Companies: financial investment companies whose activities are limited to indirectly holding shares of TMH,










—


for TMH: manufacture of locomotives and rail equipment active mainly in Russia and some EEA states.














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.5879 — Alstom/RZD/Cypriot Companies/TMH, 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’).
Case T-415/10 R: Order of the President of the General Court of 15 October 2010 — Nexans France v Joint Undertaking Fusion for Energy (Application for interim measures — Tendering procedure — Rejection of a tender — Application for suspension of operation of a measure — No urgency)
Date: 2010-10-15
Institutions: General Court
Subjects: France, action for annulment, energy research, joint venture, nuclear fusion, research programme








C_2010328EN.01003002.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/30





Order of the President of the General Court of 15 October 2010 — Nexans France v Joint Undertaking Fusion for Energy
(Case T-415/10 R)
(Application for interim measures - Tendering procedure - Rejection of a tender - Application for suspension of operation of a measure - No urgency)
2010/C 328/51
Language of the case: French

Parties


Applicant: Nexans France SAS (Clichy, France) (represented by: J.-P. Tran Thiet and J.-F. Le Corre, lawyers)

Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (represented by: A. Verpoint, Agent and C. Kennedy-Loest, C. Thomas, M. Farley, Solicitors, J. Derenne and N. Pourbaix, lawyers)

Re:

Application for suspension of operation of decisions taken by the defendant, in a tendering procedure, to reject the applicant’s bid and to award the contract for supply of TF and PF conductors to another tenderer.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case C-493/10: Reference for a preliminary ruling from High Court of Ireland made on 15 October 2010 — M. E. and others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform
Date: 2010-10-15
Institutions: Court of Justice
Subjects: EU Charter of Fundamental Rights, EU law - national law, interpretation of the law








C_2011013EN.01001803.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/18





Reference for a preliminary ruling from High Court of Ireland made on 15 October 2010 — M. E. and others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform
(Case C-493/10)
()
2011/C 13/32
Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings


Applicants: M. E. and others

Defendants: Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform

Questions referred







1.


Is the transferring Member State under Council Regulation (EC) No. 343/2003 (1) obliged to assess the compliance of the receiving Member State with Article 18 of the Charter of Fundamental Rights and Freedoms of the EU, Council Directives 2003/9EC (2), 2004/83/EC (3) and 2005/85/EC (4) and Council Regulation (EC) No. 343/2003?










2.


If the answer is yes, and if the receiving Member State is found not to be in compliance with one or more of those provisions, is the transferring Member Sate obliged to accept responsibility for examining the application under Article 3(2) of Council Regulation (EC) No. 343/2003?






(1)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national
OJ L 50, p. 1

(2)  Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers
OJ L 31, p. 18

(3)  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted
OJ L 304, p. 2

(4)  Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status
OJ L 326, p. 13
Publication of the application for recognition of a traditional term as provided for in Article 33 of Commission Regulation (EC) No 607/2009
Date: 2010-10-15
Institutions: European Commission
Subjects: United States, designation of origin, disclosure of information, location of production, originating product, product designation, wine








C_2010278EN.01002701.xml










15.10.2010   


EN


Official Journal of the European Union


C 278/27





Publication of the application for recognition of a traditional term as provided for in Article 33 of Commission Regulation (EC) No 607/2009
2010/C 278/18
According to Article 33 of Commission Regulation (EC) No 607/2009 (1), an application for recognition of a traditional term shall be published in the Official Journal, C Series, in order to inform third parties of the existence of such an application, with the view of possibly objecting to the recognition and protection of the traditional term applied for.

PUBLICATION OF AN APPLICATION FOR RECOGNITION OF A TRADITIONAL TERM ACCORDING TO ARTICLE 33 OF COMMISSION REGULATION (EC) No 607/2009







Date of receipt


22.6.2010




Number of pages


15




Language of the application


English




File number


TDT-US-N0026




Applicant: 





Wine America




1212 New York Avenue, Suite 425




Washington, DC 20005




UNITED STATES OF AMERICA









California Export Association




425 Market St., Suite 1000




San Francisco, CA 94105




UNITED STATES OF AMERICA




Denomination: VINTAGE CHARACTER
Traditional term under Article 118u(1)(b) of Regulation (EC) No 1234/2007
Language: 






—


Article 31(1)(b) of Commission Regulation (EC) No 607/2009




List of protected designations of origin or geographical indications concerned: 






—


Protected designations of origin




Grapevine products categories: 






—


Wine, Liqueur wine (Annex XIb to Council Regulation (EC) No 1234/2007)




Definition: 






—


‘Vintage’, either alone or in a descriptive term such as ‘Vintage Character’ describes a style of US wine that is 85 % produced from a single vintage year and shows that vintage year on the label. When applied to US fortified wine, the wine would also generally be characterised by relative long periods of bottle maturation and would be generally deep in colour, full-bodied and smooth. These US fortified wines also generally would have the ability to improve with aging or cellaring. Fortification must be from grape spirit.






(1)  OJ L 193, 24.7.2009, p. 60.
Publication of the application for recognition of a traditional term as provided for in Article 33 of Commission Regulation (EC) No 607/2009
Date: 2010-10-15
Institutions: European Commission
Subjects: United States, designation of origin, disclosure of information, location of production, originating product, product designation, wine








C_2010278EN.01002501.xml










15.10.2010   


EN


Official Journal of the European Union


C 278/25





Publication of the application for recognition of a traditional term as provided for in Article 33 of Commission Regulation (EC) No 607/2009
2010/C 278/16
According to Article 33 of Commission Regulation (EC) No 607/2009 (1), an application for recognition of a traditional term shall be published in the Official Journal, Series C, in order to inform third parties of the existence of such an application, with the view of possibly objecting to the recognition and protection of the traditional term applied for.

PUBLICATION OF AN APPLICATION FOR RECOGNITION OF A TRADITIONAL TERM ACCORDING TO ARTICLE 33 OF COMMISSION REGULATION (EC) No 607/2009







Date of receipt


22.6.2010




Number of pages


16




Language of the application


English




File number


TDT-US-N0024




Applicant: 





Wine America




1212 New York Avenue, Suite 425




Washington, DC 20005




UNITED STATES OF AMERICA









California Export Association




425 Market St., Suite 1000




San Francisco, CA 94105




UNITED STATES OF AMERICA




Denomination: TAWNY
Traditional term under Article 118u(1)(b) of Regulation (EC) No 1234/2007
Language: 






—


Article 31(1)(b) of Commission Regulation (EC) No 607/2009




List of protected designations of origin or geographical indications concerned: 






—


Protected designations of origin




Grapevine products categories: 






—


Liqueur wine (Annex XIb to Council Regulation (EC) No 1234/2007)




Definition: 






—


Tawny describes a style of US fortified wine that is aged prior to bottling. At bottling the wine has a red-gold or ‘tawny’ hue. The wines should reflect the characteristics of careful aging showing ‘developed’ rather than ‘fresh’ fruit characters. However, many show the fresh well developed ‘fruit’ characteristics of younger wine. The wine is usually blended from more than one vintage, may be aged in oak containers and reaches an optimal age before sale. Fortification must be from grape spirit.






(1)  OJ L 193, 24.7.2009, p. 60.
Non-opposition to a notified concentration (Case COMP/M.5951 — AON Corporation/Hewitt Associates)  Text with EEA relevance
Date: 2010-10-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, health care, human relations, medical device, merger control








C_2010278EN.01000501.xml










15.10.2010   


EN


Official Journal of the European Union


C 278/5





Non-opposition to a notified concentration
(Case COMP/M.5951 — AON Corporation/Hewitt Associates)
(Text with EEA relevance)
2010/C 278/02
On 28 September 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 32010M5951. EUR-Lex is the on-line access to the European law.
Council Decision 2010/619/CFSP of 15 October 2010 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Date: 2010-10-15
Institutions: Council of the European Union
Subjects: Kosovo, common foreign and security policy, fact-finding mission, rule of law, the EU's international role




L_2010272EN.01001901.xml










16.10.2010   


EN


Official Journal of the European Union


L 272/19








            COUNCIL DECISION 2010/619/CFSP
of 15 October 2010
         
amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,

Whereas:







(1)


On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP (2).












(2)


On 9 June 2009, the Council adopted Joint Action 2009/445/CFSP (3), which amended Joint Action 2008/124/CFSP by increasing the financial reference amount to cover the expenditure of the European Union Rule of Law Mission in Kosovo (hereinafter ‘EULEX KOSOVO’) until the expiry of Joint Action 2008/124/CFSP.












(3)


On 8 June 2010, the Council adopted Decision 2010/322/CFSP (4), which amended and extended Joint Action 2008/124/CFSP for a period of two years until 14 June 2012, and laid down the financial reference amount of EUR 265 000 000 until 14 October 2010.












(4)


EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could harm the objectives of the common foreign and security policy as set out in Article 21 of the Treaty.












(5)


Joint Action 2008/124/CFSP should be amended to provide a new financial reference amount until 14 October 2011,





HAS ADOPTED THIS DECISION:



Article 1
Article 16(1) of Joint Action 2008/124/CFSP is hereby replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2010 shall be EUR 265 000 000.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2011 shall be EUR 165 000 000.
The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.’.



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




Done at Luxembourg, 15 October 2010.


For the Council


The President

E. SCHOUPPE
            





(1)  Under United Nations Security Council Resolution 1244 (1999).

(2)  
            OJ L 42, 16.2.2008, p. 92.

(3)  
            OJ L 148, 11.6.2009, p. 33.

(4)  
            OJ L 145, 11.6.2010, p. 13.
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2010-10-15
Institutions: European Commission
Subjects: France, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2010278EN.01001701.xml










15.10.2010   


EN


Official Journal of the European Union


C 278/17





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2010/C 278/11






Member State


France




Route concerned


Aurillac–Paris (Orly)




Period of validity of the contract


1 June 2011-31 May 2015




Deadline for submission of applications and tenders








—


for applications (1st step):
29 November 2010, (17.30, local time)










—


for tenders (2nd step)
10 January 2011, (17.30, local time)








Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained







Conseil général du Cantal




Service des Transports




28 avenue Gambetta




15015 Aurillac Cedex




FRANCE




Mlle Thai-Duc Anh-Thu




Service des Transports




Tel. +33 0471462249




Fax +33 0471465982




E-mail: servicetransports@cg15.fr
2010/628/EU: Council Decision of 15 October 2010 appointing a Member of the Court of Auditors
Date: 2010-10-15
Institutions: Council of the European Union
Subjects: appointment of members, member of the Court of Auditors (EU), operation of the Institutions, staff








L_2010278EN.01002801.xml










22.10.2010   


EN


Official Journal of the European Union


L 278/28








            COUNCIL DECISION
         
of 15 October 2010
         
appointing a Member of the Court of Auditors
(2010/628/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


The term of office of Mr Kikis KAZAMIAS expires on 1 November 2010.












(2)


A new appointment should therefore be made,





HAS ADOPTED THIS DECISION:



Article 1
Mr Lazaros LAZAROU is hereby appointed Member of the Court of Auditors for the period from 2 November 2010 to 1 November 2016.


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




Done at Luxembourg, 15 October 2010.


For the Council


The President

E. SCHOUPPE
            





(1)  Opinion of 7 October 2010 (not yet published in the Official Journal).
Case C-495/10: Reference for a preliminary ruling from the Conseil d’État (France), lodged on 15 October 2010 — Centre hospitalier universitaire de Besançon v Thomas Dutrueux, Caisse primaire d’assurance maladie du Jura
Date: 2010-10-15
Institutions: Court of Justice
Subjects: civil liability, consumer protection, defective product, interpretation of the law, patient's rights, producer's liability, product safety








C_2011030EN.01001401.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/14





Reference for a preliminary ruling from the Conseil d’État (France), lodged on 15 October 2010 — Centre hospitalier universitaire de Besançon v Thomas Dutrueux, Caisse primaire d’assurance maladie du Jura
(Case C-495/10)
()
2011/C 30/21
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Appellant: Centre hospitalier universitaire de Besançon

Respondents: Thomas Dutrueux, Caisse primaire d’assurance maladie du Jura

Questions referred







1.


Having regard to the provisions of Article 13 thereof, does Directive 85/374/EEC of 25 July 1985 (1) permit the implementation of a liability system based on the special situation of patients in public health establishments, in so far as it recognises, inter alia, that they have the right to obtain from such establishments, even in the absence of fault on the part of those establishments, compensation for injury caused by the failure of products and equipment which they use, without prejudice to the possibility for the establishment to seek indemnity from the producer?










2.


Does Directive 85/374 limit the possibility for Member States to define the liability of persons who use defective equipment or products while providing services and, in so doing, cause damage to the recipient of those services?






(1)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29).
Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting of 9 July 2010 concerning a draft decision relating to Case COMP/39.596 — British Airways/American Airlines/Iberia (BA/AA/IB) — Rapporteur: Austria
Date: 2010-10-15
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Austria, air transport, carriage of passengers, dominant position, market-sharing agreement, merger control, restriction on competition








C_2010278EN.01001101.xml










15.10.2010   


EN


Official Journal of the European Union


C 278/11





Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting of 9 July 2010 concerning a draft decision relating to Case COMP/39.596 — British Airways/American Airlines/Iberia (BA/AA/IB)
Rapporteur: Austria
2010/C 278/07






1.


The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 25 June 2010 under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 53 of the EEA Agreement.










2.


The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.










3.


The Advisory Committee agrees with the Commission that the commitments offered by British Airways, American Airlines and Iberia are suitable, necessary and proportionate.










4.


The Advisory Committee agrees with the Commission that, in light of the commitments offered by British Airways, American Airlines and Iberia, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.










5.


The Advisory Committee asks the Commission to take into account any other points raised during the discussion.










6.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.