do-me/EUR-LEX huggingface dataset:
Case C-164/09: Judgment of the Court (Fourth Chamber) of 11 November 2010 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Conservation of wild birds — Directive 79/409/EEC — Derogations from the system of protection for wild birds — Hunting)
Date: 2010-11-11
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, bird, protected species, protection of animal life








C_2011013EN.01000902.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/9





Judgment of the Court (Fourth Chamber) of 11 November 2010 — European Commission v Italian Republic
(Case C-164/09) (1)

(Failure of a Member State to fulfil obligations - Conservation of wild birds - Directive 79/409/EEC - Derogations from the system of protection for wild birds - Hunting)
2011/C 13/14
Language of the case: Italian

Parties


Applicant: European Commission (represented by: C. Zadra and D. Recchia, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and G. Fiengo, lawyer)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Derogations from the system of protection for wild birds — Veneto Region

Operative part of the judgment

The Court:






1.


Declares that, since the Veneto Region has adopted and applied legislation authorising derogations from the system of protection for wild birds which fails to satisfy the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under Article 9 of that directive;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 180, 1.8.2009.
Case T-29/09: Order of the General Court of 11 November 2010 — Easycamp v OHIM — Oase Outdoors (EASYCAMP)
Date: 2010-11-11
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011030EN.01005702.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/57





Order of the General Court of 11 November 2010 — Easycamp v OHIM — Oase Outdoors (EASYCAMP)
(Case T-29/09) (1)

()
2011/C 30/102
Language of the case: English
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 69, 21.3.2009.
No State aid within the meaning of Article 49 of the EEA Agreement
Date: 2010-11-11
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, railway industry, transport market








C_2010305EN.01001401.xml










11.11.2010   


EN


Official Journal of the European Union


C 305/14





No State aid within the meaning of Article 49 of the EEA Agreement
2010/C 305/07
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


1 July 2010




Case number


:


68188




Decision number


:


267/10/COL




EFTA State


:


Norway




Region


:


N/A




Title (and/or name of the beneficiary)


:


State aid scheme for railway sidings and freight terminals




Legal basis


:


Article 49 EEA; Norwegian State Budget, Prop. 1 S(2009-2010)




Type of measure


:


Repayable grant




Objective


:


Transfer of freight transport from road to rail




Form of aid


:


Coordination of transport




Budget


:


NOK 5 million (2010) — thereafter subject to Parliamentary budgetary resolutions




Intensity


:


Maximum 50 % of eligible costs




Duration


:


5 years




Economic sectors


:


Transport




Name and address of the granting authority


:


Norwegian Rail Administration (Jernbaneverket) — ‘JBV’




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/
Non-opposition to a notified concentration (Case COMP/M.5967 — PHL/CSI)  Text with EEA relevance
Date: 2010-11-11
Institutions: European Commission
Subjects: distributive trades, economic concentration, exchange of information, foodstuff, frozen product, holding company, investment company, merger control








C_2010305EN.01000101.xml










11.11.2010   


EN


Official Journal of the European Union


C 305/1





Non-opposition to a notified concentration
(Case COMP/M.5967 — PHL/CSI)
(Text with EEA relevance)
2010/C 305/01
On 17 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 32010M5967. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.5959 — Carlyle/NBTY)  Text with EEA relevance
Date: 2010-11-11
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment, merger control








C_2010305EN.01000102.xml










11.11.2010   


EN


Official Journal of the European Union


C 305/1





Non-opposition to a notified concentration
(Case COMP/M.5959 — Carlyle/NBTY)
(Text with EEA relevance)
2010/C 305/02
On 3 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 32010M5959. EUR-Lex is the on-line access to the European law.
Case T-25/08: Order of the General Court of 11 November 2010 — Katjes Fassin v OHMI (Yoghurt-Gums)
Date: 2010-11-11
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011013EN.01003501.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/35





Order of the General Court of 11 November 2010 — Katjes Fassin v OHMI (Yoghurt-Gums)
(Case T-25/08) (1)

()
2011/C 13/67
Language of the case: German
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 64, 8.3.2008.
Alternative investment fund managers ***I European Parliament legislative resolution of 11 November 2010 on the proposal for a directive of the European Parliament and of the Council on Alternative Investment Fund Managers and amending Directives 2004/39/EC and 2009/…/EC (COM(2009)0207 – C7-0040/2009 – 2009/0064(COD))#P7_TC1-COD(2009)0064 Position of the European Parliament adopted at first reading on 11 November 2010 with a view to the adoption of Directive 2011/…/EU of the European Parliament and of the Council on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010
Date: 2010-11-11
Institutions: Committee on Economic and Monetary Affairs, Committee on Legal Affairs, European Parliament
Subjects: credit institution, financial instrument, investment company, provision of services, securities








CE2012074EN.01005101.xml










13.3.2012   


EN


Official Journal of the European Union


CE 74/51





Thursday 11 November 2010Alternative investment fund managers ***I
P7_TA(2010)0393
European Parliament legislative resolution of 11 November 2010 on the proposal for a directive of the European Parliament and of the Council on Alternative Investment Fund Managers and amending Directives 2004/39/EC and 2009/…/EC (COM(2009)0207 – C7-0040/2009 – 2009/0064(COD))
2012/C 74 E/10
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2009)0207),










—


having regard to Article 251(2) and Article 47(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0040/2009),










—


having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),










—


having regard to Article 294(3) and Article 53(1) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A7-0171/2010),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






Thursday 11 November 2010P7_TC1-COD(2009)0064
Position of the European Parliament adopted at first reading on 11 November 2010 with a view to the adoption of Directive 2011/…/EU of the European Parliament and of the Council on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2011/61/EU).
Case C-543/08: Judgment of the Court (First Chamber) of 11 November 2010 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 56 EC and 43 EC — Free movement of capital — Golden shares in EDP — Energias de Portugal held by the Portuguese State — Restrictions on the acquisition of holdings and participation in the management of a privatised company)
Date: 2010-11-11
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, capital increase, merger, public service, right to vote, shareholder








C_2011013EN.01000302.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/3





Judgment of the Court (First Chamber) of 11 November 2010 — European Commission v Portuguese Republic
(Case C-543/08) (1)

(Failure of a Member State to fulfil obligations - Articles 56 EC and 43 EC - Free movement of capital - Golden shares in EDP - Energias de Portugal held by the Portuguese State - Restrictions on the acquisition of holdings and participation in the management of a privatised company)
2011/C 13/05
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: G. Braun, P. Guerra e Andrade and M. Teles Romão, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, C. Botelho Moniz and P. Gouveia e Melo, advogados)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 43 EC and 56 EC — Golden shares held by the Portuguese State in the company EDP — Energias de Portugal

Operative part of the judgment

The Court:






1.


Declares that by maintaining for the Portuguese State and other public bodies special rights in EDP — Energias de Portugal such as those provided for in this instance by Law No 11/90 of 5 April 1990 concerning the framework law on privatisations (Lei No 11/90, Lei Quadro das Privatizações), by Decree-Law No 141/2000 of 15 July 2000 approving the fourth phase of the re-privatisation of the share capital of EDP — Electricidade de Portugal SA, and by the articles of association of that company, allocated in connection with golden shares held by the Portuguese State in the share capital of that company, the Portuguese Republic has failed to fulfil its obligations under Article 56 EC.










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 19, 24.01.2009.
Case C-36/09 P: Judgment of the Court (Seventh Chamber) of 11 November 2010 — Transportes Evaristo Molina, SA v European Commission (Appeal — Agreements, decisions and concerted practices — Service station market in Spain — Long-term exclusive fuel supply agreements — Commission decision — Right of purchase granted to certain service stations — Conditions of supply by Repsol — List of the service stations concerned — Action for annulment — Time-limits for commencing proceedings — Starting point)
Date: 2010-11-11
Institutions: Court of Justice
Subjects: European Commission, appeal, competition law, distributive trades, motor fuel








C_2011013EN.01000401.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/4





Judgment of the Court (Seventh Chamber) of 11 November 2010 — Transportes Evaristo Molina, SA v European Commission
(Case C-36/09 P) (1)

(Appeal - Agreements, decisions and concerted practices - Service station market in Spain - Long-term exclusive fuel supply agreements - Commission decision - Right of purchase granted to certain service stations - Conditions of supply by Repsol - List of the service stations concerned - Action for annulment - Time-limits for commencing proceedings - Starting point)
2011/C 13/06
Language of the case: Spanish

Parties


Appellant: Transportes Evaristo Molina, SA (represented by: A. Hernández Pardo, S. Beltrán Ruiz and M.L. Ruiz Ezquerra, abogados)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier, acting as Agent)

Intervener in support of the defendant: Repsol Comercial de Productos Petrolíferos SA (represented by: F. Lorente Hurtado and P. Vidal Martínez, abogados)

Re:

Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 14 November 2008 in Case T-45/08 Transportes Evaristo Molina v Commission dismissing the action for annulment of Commission Decision 2006/446/EC of 12 April 2006 relating to a proceeding pursuant to Article 81 EC (Case COMP/B-1/38.348 — Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making binding the undertakings given by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Transportes Evaristo Molina, SA to pay the costs.






(1)  OJ C 82, 4.4.2009.
Non-opposition to a notified concentration (Case COMP/M.6016 — Sun Capital/Divisie Vroom & Dreesmann)  Text with EEA relevance
Date: 2010-11-11
Institutions: European Commission
Subjects: banking, economic concentration, exchange of information, leisure, merger control








C_2010305EN.01000201.xml










11.11.2010   


EN


Official Journal of the European Union


C 305/2





Non-opposition to a notified concentration
(Case COMP/M.6016 — Sun Capital/Divisie Vroom & Dreesmann)
(Text with EEA relevance)
2010/C 305/03
On 5 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 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 32010M6016. EUR-Lex is the on-line access to the European law.
Case C-146/10: Order of the President of the Court of 11 November 2010 — European Commission v Republic of Austria
Date: 2010-11-11
Institutions: Court of Justice
Subjects: Austria, action for failure to fulfil an obligation, mining extraction, national implementing measure, waste management








C_2011030EN.01003106.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/31





Order of the President of the Court of 11 November 2010 — European Commission v Republic of Austria
(Case C-146/10) (1)

()
2011/C 30/54
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 148, 5.6.2010.
Euro exchange rates
Date: 2010-11-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2010305EN.01000601.xml










11.11.2010   


EN


Official Journal of the European Union


C 305/6





Euro exchange rates (1)

10 November 2010
2010/C 305/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3770




JPY


Japanese yen


113,48




DKK


Danish krone


7,4534




GBP


Pound sterling


0,85685




SEK


Swedish krona


9,2975




CHF


Swiss franc


1,3402




ISK


Iceland króna


 




NOK


Norwegian krone


8,0760




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,618




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


273,40




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,8843




RON


Romanian leu


4,2777




TRY


Turkish lira


1,9488




AUD


Australian dollar


1,3766




CAD


Canadian dollar


1,3832




HKD


Hong Kong dollar


10,6740




NZD


New Zealand dollar


1,7680




SGD


Singapore dollar


1,7738




KRW


South Korean won


1 530,02




ZAR


South African rand


9,4791




CNY


Chinese yuan renminbi


9,1346




HRK


Croatian kuna


7,3655




IDR


Indonesian rupiah


12 243,64




MYR


Malaysian ringgit


4,2566




PHP


Philippine peso


59,620




RUB


Russian rouble


42,2800




THB


Thai baht


40,752




BRL


Brazilian real


2,3446




MXN


Mexican peso


16,9259




INR


Indian rupee


61,0080






(1)  Source: reference exchange rate published by the ECB.
Case C-229/09: Judgment of the Court (Second Chamber) of 11 November 2010 (reference for a preliminary ruling from the Bundespatentgericht (Germany)) — Hogan Lovells International LLP v Bayer CropScience AG (Patent law — Plant-protection products — Regulation (EC) No 1610/96 — Directive 91/414/EEC — Supplementary protection certificate for plant protection products — Grant of a certificate for a product which had obtained a provisional marketing authorisation)
Date: 2010-11-11
Institutions: Court of Justice
Subjects: Germany, interpretation of the law, market approval, marketing, movement certificate, pharmaceutical legislation, plant health legislation








C_2011013EN.01001002.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/10





Judgment of the Court (Second Chamber) of 11 November 2010 (reference for a preliminary ruling from the Bundespatentgericht (Germany)) — Hogan Lovells International LLP v Bayer CropScience AG
(Case C-229/09) (1)

(Patent law - Plant-protection products - Regulation (EC) No 1610/96 - Directive 91/414/EEC - Supplementary protection certificate for plant protection products - Grant of a certificate for a product which had obtained a provisional marketing authorisation)
2011/C 13/16
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Applicant: Hogan Lovells International LLP

Defendant: Bayer CropScience AG

Re:

Reference for a preliminary ruling — Bundespatentgericht — Interpretation of Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ 1996 L 198, p. 30) — Conditions governing the acquisition of a supplementary protection certificate — Possibility of having such a certificate issued on the basis of a previous marketing authorisation issued pursuant to Article 8(1) of Directive 91/414/EEC — Active substance iodosulfuron

Operative part of the judgment

Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products must be interpreted as not precluding a supplementary protection certificate from being issued for a plant protection product in respect of which a valid marketing authorisation has been granted pursuant to Article 8(1) of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, as amended by Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005.


(1)  OJ C 220, 12.09.2009.
Corrigendum to Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin ( OJ L 15, 20.1.2010 )
Date: 2010-11-11
Institutions: European Commission
Subjects: animal product, consumer protection, food safety, foodstuff, health legislation, human nutrition, veterinary drug








L_2010293EN.01007201.xml










11.11.2010   


EN


Official Journal of the European Union


L 293/72







Corrigendum to Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin
(
Official Journal of the European Union L 15 of 20 January 2010
)

On page 52, in the sixth column of the entry for Oxytetracycline:
for:


                  ‘MRLs for fat, liver and kidney do not apply to fin fish.’,

read:


                  ‘MRLs for liver and kidney do not apply to fin fish.’.