do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5987 — Zublin/VMT/ITC JV)  Text with EEA relevance
Date: 2010-11-10
Institutions: European Commission
Subjects: architecture, economic concentration, exchange of information, merger control








C_2010304EN.01000201.xml










10.11.2010   


EN


Official Journal of the European Union


C 304/2





Non-opposition to a notified concentration
(Case COMP/M.5987 — Zublin/VMT/ITC JV)
(Text with EEA relevance)
2010/C 304/03
On 4 November 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 German 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 32010M5987. EUR-Lex is the on-line access to the European law.
Case C-525/10 P: Appeal brought on 10 November 2010 by Mariyus Noko Ngele against the order of the General Court (Third Chamber) made on 10 December 2009 in Case T-390/09 Mariyus Noko Ngele v European Commission
Date: 2010-11-10
Institutions: Court of Justice
Subjects: European Commission, action for annulment, servant (EU)








C_2011139EN.01001201.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/12





Appeal brought on 10 November 2010 by Mariyus Noko Ngele against the order of the General Court (Third Chamber) made on 10 December 2009 in Case T-390/09 Mariyus Noko Ngele v European Commission
(Case C-525/10 P)
2011/C 139/19
Language of the case: French

Parties


Appellant: Mariyus Noko Ngele (represented by: F. Sabakunzi, avocat)

Other party to the proceedings: European Commission
By order of 10 March 2011, the Court of Justice (Eighth Chamber) declared the appeal inadmissible.
Non-opposition to a notified concentration (Case COMP/M.6008 — IK/GHD)  Text with EEA relevance
Date: 2010-11-10
Institutions: European Commission
Subjects: cosmetics industry, economic concentration, exchange of information, merger control








C_2010304EN.01000102.xml










10.11.2010   


EN


Official Journal of the European Union


C 304/1





Non-opposition to a notified concentration
(Case COMP/M.6008 — IK/GHD)
(Text with EEA relevance)
2010/C 304/02
On 29 October 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 32010M6008. EUR-Lex is the on-line access to the European law.
Decision of the EEA Joint Committee No 123/2010 of 10 November 2010 amending Annex XIII (Transport) to the EEA Agreement
Date: 2010-11-10
Institutions: EEA Joint Committee
Subjects: air transport, aircraft, carriage of goods, carriage of passengers, carrier, compulsory insurance, liability, transport insurance




L_2011058EN.01008101.xml










3.3.2011   


EN


Official Journal of the European Union


L 58/81








            DECISION OF THE EEA JOINT COMMITTEE
         
No 123/2010
of 10 November 2010
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 108/2010 of 1 October 2010 (1).












(2)


Commission Regulation (EU) No 285/2010 of 6 April 2010 amending Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following shall be added in point 66l (Regulation (EC) No 785/2004 of the European Parliament and of the Council) of Annex XIII to the Agreement:

                  ‘, as amended by:






—



32010 R 0285: Commission Regulation (EU) No 285/2010 of 6 April 2010 (OJ L 87, 7.4.2010, p. 19).’
                     






Article 2
The text of Regulation (EU) No 285/2010 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 11 November 2010, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 10 November 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 332, 16.12.2010, p. 58.

(2)  
            OJ L 87, 7.4.2010, p. 19.

(*1)  Constitutional requirements indicated.
Decision of the EEA Joint Committee No 118/2010 of 10 November 2010 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2010-11-10
Institutions: EEA Joint Committee
Subjects: chemical product, consumer information, health legislation, market approval, marketing restriction, marketing standard, product safety




L_2011058EN.01007501.xml










3.3.2011   


EN


Official Journal of the European Union


L 58/75








            DECISION OF THE EEA JOINT COMMITTEE
         
No 118/2010
of 10 November 2010
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 138/2009 of 4 December 2009 (1).












(2)


Commission Decision 2009/251/EC of 17 March 2009 requiring Member States to ensure that products containing the biocide dimethylfumarate are not placed or made available on the market (2) is to be incorporated into the Agreement.












(3)


Commission Decision 2010/153/EU of 11 March 2010 prolonging the validity of Decision 2009/251/EC requiring Member States to ensure that products containing the biocide dimethylfumarate are not placed or made available on the market (3) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following shall be inserted after point 3m (Commission Decision 2008/357/EC) of Chapter XIX of Annex II to the Agreement:






‘3n.



32009 D 0251: Commission Decision 2009/251/EC of 17 March 2009 requiring Member States to ensure that products containing the biocide dimethylfumarate are not placed or made available on the market (OJ L 74, 20.3.2009, p. 32), as amended by:






—



32010 D 0153: Commission Decision 2010/153/EU of 11 March 2010 (OJ L 63, 12.3.2010, p. 21).’
                                 










Article 2
The texts of Decisions 2009/251/EC and 2010/153/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 11 November 2010, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 10 November 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 62, 11.3.2010, p. 31.

(2)  
            OJ L 74, 20.3.2009, p. 32.

(3)  
            OJ L 63, 12.3.2010, p. 21.

(*1)  No constitutional requirements indicated.
Case F-116/10: Action brought on 10 November 2010 — Sandro Gozi v European Commission
Date: 2010-11-10
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, criminal procedure, redemption








C_2011055EN.01003801.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/38





Action brought on 10 November 2010 — Sandro Gozi v European Commission
(Case F-116/10)
2011/C 55/70
Language of the case: Italian

Parties


Applicant(s): Sandro Gozi (Sogliano al Rubicone, Italy) (represented by: L. De Luca and G. Passalacqua, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision rejecting the request for reimbursement of the legal costs incurred by the applicant in criminal proceedings before a national court.

Form of order sought







—


Annul the measure taken by the Directorate General for Human Resources and Security — HR.D.2/MB/db Ares (2010) — Y96985










—


Recognise and declare the right of the applicant to reimbursement of legal costs and, consequently, order the payment of the sum of EUR 24 480.
Case T-260/09: Judgment of the General Court of 10 November 2010 — OHIM v Simões Dos Santos (Appeal — Cross-appeal — Civil service — Officials — Promotion — 2003 promotion procedure — Merit points reset at zero and their total recalculated — Compliance with a judgment of the General Court — Res judicata — Legal basis — Non-retroactivity — Legitimate expectation — Material damage — Loss of opportunity for promotion — Non-material damage)
Date: 2010-11-10
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, European official, action for annulment (EU), promotion, shorter working week, staff assessment, trade-mark law








C_2011013EN.01002403.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/24





Judgment of the General Court of 10 November 2010 — OHIM v Simões Dos Santos
(Case T-260/09) (1)

(Appeal - Cross-appeal - Civil service - Officials - Promotion - 2003 promotion procedure - Merit points reset at zero and their total recalculated - Compliance with a judgment of the General Court - Res judicata - Legal basis - Non-retroactivity - Legitimate expectation - Material damage - Loss of opportunity for promotion - Non-material damage)
2011/C 13/47
Language of the case: French

Parties


Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)

Other party to the proceedings: Simões Dos Santos (Alicante, Spain) (represented by: A. Creus Carreras, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Paragraphs 2 to 25 of the operative part of the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 5 May 2009 in Case F-27/08 Simões Dos Santos v OHIM are annulled.










2.


The main appeal and the cross appeal are dismissed as to the remainder.










3.


The case is referred back to the Civil Service Tribunal.










4.


The costs are reserved.






(1)  OJ C 220, 12.9.2009.
Euro exchange rates
Date: 2010-11-10
Institutions: European Commission
Subjects: euro, exchange rate








C_2010304EN.01000401.xml










10.11.2010   


EN


Official Journal of the European Union


C 304/4





Euro exchange rates (1)

9 November 2010
2010/C 304/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3945




JPY


Japanese yen


112,44




DKK


Danish krone


7,4544




GBP


Pound sterling


0,86235




SEK


Swedish krona


9,3083




CHF


Swiss franc


1,3420




ISK


Iceland króna


 




NOK


Norwegian krone


8,0770




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,583




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


274,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


3,9219




RON


Romanian leu


4,2850




TRY


Turkish lira


1,9623




AUD


Australian dollar


1,3726




CAD


Canadian dollar


1,3931




HKD


Hong Kong dollar


10,8093




NZD


New Zealand dollar


1,7681




SGD


Singapore dollar


1,7905




KRW


South Korean won


1 551,58




ZAR


South African rand


9,4949




CNY


Chinese yuan renminbi


9,2651




HRK


Croatian kuna


7,3558




IDR


Indonesian rupiah


12 421,33




MYR


Malaysian ringgit


4,3177




PHP


Philippine peso


60,236




RUB


Russian rouble


42,7017




THB


Thai baht


41,149




BRL


Brazilian real


2,3638




MXN


Mexican peso


16,9759




INR


Indian rupee


61,8555






(1)  Source: reference exchange rate published by the ECB.
Update of reference amounts for the crossing of external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 247, 13.10.2006, p. 19 ; OJ C 153, 6.7.2007, p. 22 ; OJ C 182, 4.8.2007, p. 18 ; OJ C 57, 1.3.2008, p. 38 ; OJ C 134, 31.5.2008, p. 19 ; OJ C 37, 14.2.2009, p. 8 ; OJ C 35, 12.2.2010, p. 7 )
Date: 2010-11-10
Institutions: European Commission
Subjects: Schengen Agreement, border control, diplomatic representation, external border of the EU, foreign national, identity document








C_2010304EN.01000501.xml










10.11.2010   


EN


Official Journal of the European Union


C 304/5





Update of reference amounts for the crossing of external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 35, 12.2.2010, p. 7)
2010/C 304/06
The publication of reference amounts for the crossing of external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.
In addition to the publication in the Official Journal, a monthly update is available on the website of the Directorate-General for Home Affairs.
FRANCE

Replacement of the information published in OJ C 153, 6.7.2007


The reference amount for adequate means of subsistence for the planned duration of an alien's stay or for his transit via France to a destination in a third State is equal to the amount of the guaranteed minimum wage in France (SMIC) calculated daily on the basis of the rate fixed on 1 January of the current year.
This amount is regularly reassessed on the basis of the French cost of living index:






—


automatically whenever the retail price index rises more than 2 %,










—


by a government decision — after consultation with the national commission for collective bargaining — to grant a rise higher than the rise in the retail price index.




As of 1 January 2010, the daily amount of the SMIC (minimum wage) is EUR 62,00.
Persons holding proof of accommodation (attestation d'accueil) must possess a minimum amount of money, equivalent to half the SMIC, in order to stay in France. This amount is therefore EUR 31,00 per day.
Case T-520/10: Action brought on 10 November 2010 — Comunidad Autónoma de Galicia v Commission
Date: 2010-11-10
Institutions: General Court
Subjects: European Commission, State aid, action for annulment, energy industry








C_2011013EN.01003202.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/32





Action brought on 10 November 2010 — Comunidad Autónoma de Galicia v Commission
(Case T-520/10)
()
2011/C 13/62
Language of the case: Spanish

Parties


Applicant: Comunidad Autónoma de Galicia (Santiago de Compostela, Spain) (represented by: S. Martínez Lage and H. Brokelmann, lawyers)

Defendant: Commission

Form of order sought







—


Annul Decision N 178/2010 of 29 September 2010 approving public-service compensation for Spanish electricity producers;










—


order the Commission to pay the costs.





Pleas in law and main arguments

This action is brought against the same decision as that challenged in Case T-484/10 Gas Natural Fenosa SDG v Commission.
The applicant puts forward three pleas in support of its action:






—


Infringement of procedural rights ensured by Article 108(2) TFEU and Article 6 of Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, (1) since the Commission failed to initiate the formal investigation procedure, which it is obliged to do whenever there are serious doubts as to the compatibility of the aid under consideration with the common market.










—


Infringement of Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry (2).










—


Infringement of Article 106(2) TFEU, inasmuch as the conditions of necessity and proportionality required by that provision if the aid in the present case, which was granted by the Spanish authorities to compensate for the additional costs resulting from the provision of a public service, is to be approved are not met.










—


Infringement of Article 34 TFEU, since the aid in the present case is a measure having equivalent effect, which cannot be justified under Article 36 TFEU by the need to secure the electricity supply.










—


The aid in the present case constitutes an undue cumulation of aid granted to the coal industry in the period 2008-2010, contrary to the provision made in Article 8(1) of Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry, (3) and seriously distorts competition in the electricity sector, disregarding Article 4(d) and (e) of Regulation No 1407/2002.










—


Infringement of Articles 11 and 191 TFEU and of Article 3(3) TEU, since the contested decision fails, in the applicant’s submission, to have to regard to the damaging effects which the decision will have so far as the environment is concerned.




Finally, the applicant alleges breach of the right to property safeguarded by Article 17 of the Charter of Fundamental Rights of the European Union.


(1)  OJ 1999 L 83, p. 1.

(2)  OJ 2002 L 205, p. 1


(3)  OJ 2002 L 205, p. 1.
Decision of the EEA Joint Committee No 122/2010 of 10 November 2010 amending Annex XIII (Transport) to the EEA Agreement
Date: 2010-11-10
Institutions: EEA Joint Committee
Subjects: administrative cooperation, electronic mail, exchange of information, information network, road transport, traffic control, transport licence




L_2011058EN.01008001.xml










3.3.2011   


EN


Official Journal of the European Union


L 58/80








            DECISION OF THE EEA JOINT COMMITTEE
         
No 122/2010
of 10 November 2010
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 108/2010 of 1 October 2010 (1).












(2)


Commission Recommendation 2010/19/EU of 13 January 2010 on the secure exchange of electronic data between Member States to check the uniqueness of driver cards that they issue (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following shall be inserted after point 36a (Directive 2003/59/EC of the European Parliament and of the Council) of Annex XIII to the Agreement:

                           ‘
                           ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:






36b.



32010 H 0019: Commission Recommendation 2010/19/EU of 13 January 2010 on the secure exchange of electronic data between Member States to check the uniqueness of driver cards that they issue (OJ L 9, 14.1.2010, p. 10).’






Article 2
The text of Recommendation 2010/19/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 11 November 2010, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 10 November 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 332, 16.12.2010, p. 58.

(2)  
            OJ L 9, 14.1.2010, p. 10.

(*1)  No constitutional requirements indicated.