do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.5913 — CEZ/EPH/Mibrag Group)  Text with EEA relevance
Date: 2010-11-04
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy industry, exchange of information, merger control








C_2010298EN.01001101.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/11





Prior notification of a concentration
(Case COMP/M.5913 — CEZ/EPH/Mibrag Group)
(Text with EEA relevance)
2010/C 298/09






1.


On 25 October 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which HC Fin3 NV (The Netherlands) wholly owned by Energetický a průmyslový holding, a.s. (‘EPH’, Czech Republic), and ČEZ, a.s. (‘ČEZ’, Czech Republic) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over JTSD Braunkohlebergbau GmbH (‘JTSD’, Germany) and its wholly owned subsidiary Mitteldeutsche Braunkohlengesellschaft mbH (‘Mibrag’, Germany, Mibrag and its subsidiaries collectively called Mibrag Group) which are currently controlled by ČEZ 's subsidiary Severočeské doly a.s. (‘SD’, Czech Republic) and Mr Křetínský wholly-owned special purpose vehicle, namely, Lignite Investments (Cyprus), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for EPH: strategic investor in the energy sector and a major investor in industry,










—


for JTSD: limited liability company fully controlling Mibrag,










—


for Mibrag Group: mainly active in ortho-lignite mining, district heating, operation of lignite fired power generation plants in Germany,










—


for SD: lignite mining in Czech Republic,










—


for ČEZ: different activities in the energy sector like (i) generation, (ii) distribution and (iii) sale of electricity and heat in the Czech Republic and (iv)electricity trading and operation of power plants in some other European countries.














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.5913 — CEZ/EPH/Mibrag Group, 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’).
Non-opposition to a notified concentration (Case COMP/M.5975 — Lion Capital/Picard Groupe)  Text with EEA relevance
Date: 2010-11-04
Institutions: European Commission
Subjects: economic concentration, exchange of information, food industry, merger control








C_2010298EN.01000401.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/4





Non-opposition to a notified concentration
(Case COMP/M.5975 — Lion Capital/Picard Groupe)
(Text with EEA relevance)
2010/C 298/02
On 30 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 32010M5975. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.5785 — Sun Capital/DSM Special Products)  Text with EEA relevance
Date: 2010-11-04
Institutions: European Commission
Subjects: chemical industry, economic concentration, exchange of information, food industry, merger control








C_2010298EN.01001201.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/12





Prior notification of a concentration
(Case COMP/M.5785 — Sun Capital/DSM Special Products)
(Text with EEA relevance)
2010/C 298/10






1.


On 23 July 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 (EC) No 139/2004 (1) by which the undertaking Sun Capital Partners IV, LP (‘Sun Capital Partners Fund’, USA), belonging to the Sun Capital Partners group, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of DSM Special Products BV (‘DSP’, the Netherlands), a subsidiary of the Royal DSM NV, by way of purchase of shares and assets.










2.


This notification was declared incomplete on 26 August 2010. The undertakings concerned have now provided the further information required. The notification became complete within the meaning of Article 10(1) of the Merger Regulation on 26 October 2010.










3.


The business activities of the undertakings concerned are:
—   for Sun Capital Partners Fund: private equity investments,
—   for DSP: production of fine chemicals, industrial intermediates and food additives.










4.


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.










5.


The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5785 — Sun Capital/DSM Special Products, 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’).
Corrigendum to the minutes of the sitting of 5 May 2010 ( OJ C 188 E, 13.7.2010 )
Date: 2010-11-04
Institutions: European Parliament
Subjects: European Parliament, parliamentary debate








CE2010298EN.01021501.xml










4.11.2010   


EN


Official Journal of the European Union


CE 298/215





Corrigendum to the minutes of the sitting of 5 May 2010
(
Official Journal of the European Union C 188 E of 13 July 2010
)
2010/C 298 E/05
Page 28, Item ‘13.50. 2008 discharge: European Police College (vote)’, last paragraph:
for:

‘Closure of the accounts was thereby approved (see Annex V, Article 5(1)(a) to the Rules of Procedure).’

read:

‘Closure of the accounts was postponed (see Annex VI, Article 5(1)(b) to the Rules of Procedure).’

Pages 15 to 28, Items 13.4 to 13.50 (votes):
for:
Annex V
read:
Annex VI.
Case T-517/10: Action brought on 4 November 2010 — Pharmazeutische Fabrik Evers v OHIM — Ozone Laboratories Pharma (HYPOCHOL)
Date: 2010-11-04
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011013EN.01003101.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/31





Action brought on 4 November 2010 — Pharmazeutische Fabrik Evers v OHIM — Ozone Laboratories Pharma (HYPOCHOL)
(Case T-517/10)
()
2011/C 13/60
Language in which the application was lodged: English

Parties


Applicant: Pharmazeutische Fabrik Evers GmbH & Co. KG (Pinneberg, Germany) (represented by: R. Kaase and R. Möller, lawyers)

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

Other party to the proceedings before the Board of Appeal: Ozone Laboratories Pharma SA (București, Romania)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1st September 2010 in case R 1332/2009-4; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘HYPOCHOL’, for goods in class 5 — Community trade mark application No 5718069

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: German trade mark registration No 1171145 of the figurative mark ‘HITRECHOL’, for goods in class 5

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that there was no likelihood of confusion between the trade marks due to a lacking similarity between the signs.
Case F-114/10: Action brought on 4 November 2010 — Bowles and Others v ECB
Date: 2010-11-04
Institutions: Civil Service Tribunal
Subjects: European Central Bank, action for annulment, pay, pay rise








C_2011055EN.01003702.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/37





Action brought on 4 November 2010 — Bowles and Others v ECB
(Case F-114/10)
2011/C 55/69
Language of the case: French

Parties


Applicants: Carlos Bowles and Others (Frankfurt-am-Main, Germany) (represented by: L. Lévi and M. Vandenbussche, lawyers)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Annulment of the applicants’ salary slips for January 2010 and the following months in so far as they apply a salary increase of 2 % as a result of the 2010 salary adjustment procedure and compensation for the material loss suffered by the applicants.

Form of order sought







—


Annul the applicants’ salary slips for January 2010 and the following months in so far as they apply a salary increase of 2 %, in order to apply an increase of 2.1 %, calculated on the basis of an adjustment of 3.6 % at the Commission










—


In so far as is necessary, annul the decisions rejecting the applications for reconsideration and the complaints brought by the applicants;










—


Compensate the applicants for their material loss, consisting of the difference between the salary increase of 2 % improperly awarded from January 2010 and the 2.1 % increase to which they should have been entitled, that is to say, a increase of 0.1 % per month from January 2010 in salary and in all other amounts derived from it (including pension rights). Interest must be paid on those amounts from the respective dates on which they became due until they are actually paid, the interest to be calculated on the basis of a rate two points above that applied by the European Central Bank to main refinancing operations during the period concerned.










—


Compensate for the loss of purchasing power, fixed, ex aequo et bono, at EUR 5 000 for each applicant;










—


Compensate the applicants for their non-material loss, calculated, ex aequo et bono, at EUR 5 000 for each applicant;










—


Order the European Central Bank to pay the costs.
Commission Regulation (EU) No 993/2010 of 4 November 2010 granting no export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2010-11-04
Institutions: European Commission
Subjects: award of contract, export refund, powdered milk, skimmed milk








L_2010288EN.01001601.xml










5.11.2010   


EN


Official Journal of the European Union


L 288/16








            COMMISSION REGULATION (EU) No 993/2010
of 4 November 2010
         
granting no export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


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), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 2 November 2010.












(3)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 2 November 2010, no export refund shall be granted for the product and destinations referred to in point (c) of Article 1 and in Article 2 respectively of that Regulation.


Article 2
This Regulation shall enter into force on 5 November 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 November 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 November 2010 — Euro exchange rates
Date: 2010-11-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, interest








C_2010298EN.01000501.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/5





Interest rate applied by the European Central Bank to its main refinancing operations (1):
1,00 % on 1 November 2010
Euro exchange rates (2)

3 November 2010
2010/C 298/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4014




JPY


Japanese yen


113,67




DKK


Danish krone


7,4553




GBP


Pound sterling


0,87030




SEK


Swedish krona


9,3240




CHF


Swiss franc


1,3761




ISK


Iceland króna


 




NOK


Norwegian krone


8,2080




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,497




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


272,00




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7097




PLN


Polish zloty


3,9327




RON


Romanian leu


4,2978




TRY


Turkish lira


1,9768




AUD


Australian dollar


1,4058




CAD


Canadian dollar


1,4136




HKD


Hong Kong dollar


10,8624




NZD


New Zealand dollar


1,8093




SGD


Singapore dollar


1,8049




KRW


South Korean won


1 555,48




ZAR


South African rand


9,6805




CNY


Chinese yuan renminbi


9,3559




HRK


Croatian kuna


7,3432




IDR


Indonesian rupiah


12 497,56




MYR


Malaysian ringgit


4,3233




PHP


Philippine peso


59,472




RUB


Russian rouble


43,1885




THB


Thai baht


41,694




BRL


Brazilian real


2,3706




MXN


Mexican peso


17,2162




INR


Indian rupee


62,1240






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Special Report No 7/2010 ‘Audit of the clearance of accounts procedure’
Date: 2010-11-04
Institutions: European Court of Auditors
Subjects: EU financing arrangements, State aid, administrative procedure, common agricultural policy, control of State aid








C_2010298EN.01000601.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/6





Special Report No 7/2010 ‘Audit of the clearance of accounts procedure’
2010/C 298/04
The European Court of Auditors hereby informs you that Special Report No 7/2010 ‘Audit of the clearance of accounts procedure’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://www.eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: euraud@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
No State aid within the meaning of Article 61 of the EEA Agreement
Date: 2010-11-04
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, disclosure of information, maritime transport








C_2010298EN.01000801.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/8





No State aid within the meaning of Article 61 of the EEA Agreement
2010/C 298/06
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


7 July 2010




Case number


:


67488




Decision number


:


292/10/COL




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Amendment to the Norwegian Special Tax System for Shipping




Legal basis


:


Article 61(3)(c)




Type of measure


:


Aid scheme




Objective


:


Promotion of the maritime sector




Form of aid


:


Tax exemptions




Budget


:


0




Duration


:


Income year 2010




Economic sector


:


Maritime sector




Name and address of the granting authority


:







Ministry of Finance




PO Box 8008 Dep.




0030 Oslo




NORWAY








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/
Corrigendum to Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and of the Council ( OJ L 13, 19.1.2010 )
Date: 2010-11-04
Institutions: European Commission
Subjects: drivers, form, intra-EU transport, professional qualifications, rail transport, recognition of vocational training qualifications, technical standard, transport licence








L_2010286EN.01002201.xml










4.11.2010   


EN


Official Journal of the European Union


L 286/22







Corrigendum to Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and of the Council
(
Official Journal of the European Union L 13 of 19 January 2010
)

On page 7, Annex I, Section 3, point (d) 9b:
for:







‘German


EISENBAHNFAHRZEUG-FÜHRERSCHEIN (Belgium, Germany)
FAHRERLAUBNIS FÜR TRIEBFAHRZEUGFÜHRER (Austria)’,





read:







‘German


TRIEBFAHRZEUGFÜHRERSCHEIN (Germany)
EISENBAHNFAHRZEUG-FÜHRERSCHEIN (Belgium)
FAHRERLAUBNIS FÜR TRIEBFAHRZEUGFÜHRER (Austria)’.
Commission Regulation (EU) No 991/2010 of 4 November 2010 entering a name in the register of protected designations of origin and protected geographical indications [Olive de Nîmes (PDO)]
Date: 2010-11-04
Institutions: European Commission
Subjects: France, designation of origin, location of production, mode of production, olive, product designation, product quality








L_2010288EN.01001201.xml










5.11.2010   


EN


Official Journal of the European Union


L 288/12








            COMMISSION REGULATION (EU) No 991/2010
of 4 November 2010
         
entering a name in the register of protected designations of origin and protected geographical indications [Olive de Nîmes (PDO)]


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) of Regulation (EC) No 510/2006, France's application to register the name ‘Olive de Nîmes’ 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 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 twentieth day following that of 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, 4 November 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 44, 20.2.2010, p. 13.




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

Class 1.6   Fruit, vegetables and cereals, fresh or processed

FRANCE
Olive de Nîmes (PDO)
Call for proposals under the 2011 Ideas work programme of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
Date: 2010-11-04
Institutions: European Commission
Subjects: administrative competition, invitation to tender, research staff








C_2010298EN.01000901.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/9





Call for proposals under the 2011 Ideas work programme of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
2010/C 298/07
Notice is hereby given of the launch of a call for proposals under the 2011 Ideas work programme of the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).
Proposals are invited for the following call. Call deadlines and budget are given in the call text, which is published on the CORDIS and the Participant Portal websites.

Ideas Work Programme







Call Title


ERC Advanced Investigators Grant




Call Identifier


ERC-2011-AdG





This call for proposals relates to the work programme adopted by Commission Decision C(2010) 4898 of 19 July 2010.

Information on the modalities of the call, the work programme, and the guidance for applicants on how to submit proposals is available through the relevant European Commission websites:






 


http://cordis.europa.eu/fp7/dc/index.cfm?fuseaction=UserSite.FP7CallsPage and










 


http://ec.europa.eu/research/participants/portal/appmanager/participants/portal