do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6057 — Carlyle/Commscope) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-11-19
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, provision of services, telecommunications equipment








C_2010315EN.01001301.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/13





Prior notification of a concentration
(Case COMP/M.6057 — Carlyle/Commscope)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 315/08






1.


On 12 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cedar I Holding Company Inc. (‘Cedar Holding’, US), a special purpose acquisition vehicle owned and controlled by Carlyle Partners V, L.P., an investment fund sponsored by The Carlyle Group (‘Carlyle’, US), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over CommScope Inc. (‘CommScope’, US), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Carlyle: global alternative asset manager, which sponsors funds that invest globally across four investment disciplines (buyout, credit alternatives, growth capital and real estate) in a range of industries,










—


for CommScope: provision of infrastructure solutions for communications networks.














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.6057 — Carlyle/Commscope, 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’).
Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for poultry meat, eggs and egg albumin
Date: 2010-11-19
Institutions: European Commission
Subjects: egg, egg product, import, import licence, poultrymeat, tariff quota








C_2010315EN.01000301.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/3





Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for poultry meat, eggs and egg albumin
2010/C 315/03
Commission Regulations (EC) No 533/2007 (1), (EC) No 536/2007 (2) and (EC) No 539/2007 (3) opened tariff quotas for imports of poultry meat, eggs and egg albumin. The applications for import licences lodged during the first seven days of September 2010 for the subperiod 1 October to 31 December 2010 do not, for quotas 09.4068, 09.4070, 09.4169, 09.4015 and 09.4402, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (4), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 January to 31 March 2011; they are set out in the Annex to this notice.


(1)  OJ L 125, 15.5.2007, p. 9.

(2)  OJ L 128, 16.5.2007, p. 6.

(3)  OJ L 128, 16.5.2007, p. 19.

(4)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2011
(in kg)




09.4068


3 727 000




09.4070


582 500




09.4169


8 332 500




09.4015


67 500 000




09.4402


5 848 176
Information communicated by Member States regarding closure of fisheries
Date: 2010-11-19
Institutions: France
Subjects: France, catch of fish, fishing controls, fishing regulations, frozen product, sea fish








C_2010315EN.01000601.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/6





Information communicated by Member States regarding closure of fisheries
2010/C 315/06
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


21.1.2010




Duration


21.1.2010-31.12.2010




Member State


France




Stock or Group of stocks


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Case F-121/10: Action brought on 19 November 2010 — Heath v ECB
Date: 2010-11-19
Institutions: Civil Service Tribunal
Subjects: European Central Bank, European official, action for annulment, pension scheme








C_2011030EN.01006701.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/67





Action brought on 19 November 2010 — Heath v ECB
(Case F-121/10)
()
2011/C 30/133
Language of the case: French

Parties


Applicant: Michael Heath (Southampton, United Kingdom) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Annulment of the applicant's pension slips for the month of January 2010 and the following months, in so far as these apply a pension increase of 0,6 % following the pensions adjustment procedure for 2010, and damages for loss suffered by the applicant.

Form of order sought







—


Annul the salary slip for January 2010 and the following months, in so far as these apply a pension increase of 0,6 %, in order to apply an increase of 2,1 % calculated in accordance with a lawful GSA [General Salary Adjustment];










—


to the extent necessary, annul the decisions rejecting the requests for reconsideration and the complaints lodged by the applicant, decisions of 11 May 2010 and 9 September 2010 respectively;










—


order the defendant to pay the difference between the pension increase of 0,6 % granted unlawfully to the applicant as from January 2010 and that of 2,1 % to which he should have been entitled, namely a salary increase of 1,5 % per month as from January 2010. Those amounts should have interest applied as from their respective due dates until the date of actual payment, calculated on the basis of the rate set by the European Central Bank for main refinancing operations, applicable during the relevant period, plus 2 points;










—


order the defendant to pay EUR 5 000, to compensate for the applicant's material damage resulting from the loss in his purchasing power;










—


order the defendant to pay EUR 5 000, assessed ex aequo et bono to compensate for his non-material damage;










—


order the ECB to pay the costs.
Information communicated by Member States regarding closure of fisheries
Date: 2010-11-19
Institutions: France
Subjects: France, catch of fish, fishing controls, fishing regulations, frozen product, sea fish








C_2010315EN.01000501.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/5





Information communicated by Member States regarding closure of fisheries
2010/C 315/05
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


30.9.2010




Duration


30.9.2010-31.12.2010




Member State


France




Stock or Group of stocks


DGS/2AC4-C.




Species


Spurdog/dogfish (Squalus acanthias)




Zone


EU waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


664718




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2010-11-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2010315EN.01000201.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/2





Euro exchange rates (1)

18 November 2010
2010/C 315/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3647




JPY


Japanese yen


113,72




DKK


Danish krone


7,4549




GBP


Pound sterling


0,85220




SEK


Swedish krona


9,3573




CHF


Swiss franc


1,3475




ISK


Iceland króna


 




NOK


Norwegian krone


8,1620




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,648




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


275,09




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9375




RON


Romanian leu


4,2980




TRY


Turkish lira


1,9747




AUD


Australian dollar


1,3812




CAD


Canadian dollar


1,3895




HKD


Hong Kong dollar


10,5816




NZD


New Zealand dollar


1,7577




SGD


Singapore dollar


1,7672




KRW


South Korean won


1 542,77




ZAR


South African rand


9,5363




CNY


Chinese yuan renminbi


9,0529




HRK


Croatian kuna


7,3945




IDR


Indonesian rupiah


12 203,70




MYR


Malaysian ringgit


4,2612




PHP


Philippine peso


59,350




RUB


Russian rouble


42,3910




THB


Thai baht


40,859




BRL


Brazilian real


2,3385




MXN


Mexican peso


16,7858




INR


Indian rupee


61,7250






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.6044 — Alliance Boots/Andreae-Noris Zahn)  Text with EEA relevance
Date: 2010-11-19
Institutions: European Commission
Subjects: distributor, economic concentration, exchange of information, merger control, pharmaceutical product








C_2010315EN.01001501.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/15





Prior notification of a concentration
(Case COMP/M.6044 — Alliance Boots/Andreae-Noris Zahn)
(Text with EEA relevance)
2010/C 315/10






1.


On 11 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Alliance Boots GmbH (‘Alliance Boots’, United Kingdom) belonging to the Alliance Boots group acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Andreae-Noris Zahn AG (‘Anzag’, Germany), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Alliance Boots GmbH: wholesale distribution of pharmaceuticals and retailing of health and beauty products,










—


Andreae-Noris Zahn AG: wholesaling of pharmaceutical products in Germany and related logistic services.














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.6044 — Alliance Boots/Andreae-Noris Zahn, 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’).
Case F-122/10: Action brought on 19 November 2010 — Cocchi and Falcione v Commission
Date: 2010-11-19
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment, transfer of pension rights








C_2011063EN.01003402.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/34





Action brought on 19 November 2010 — Cocchi and Falcione v Commission
(Case F-122/10)
2011/C 63/62
Language of the case: French

Parties


Applicants: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium) (represented by S. Orlandi and J.-N. Louis, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to withdraw a proposal relating to transfer of the applicants’ pension rights when already accepted by them.

Form of order sought







—


Annul the decision of 12 February 2010‘annulling’ the proposal of 16 September 2009, accepted by Mr Falcione on 9 October 2009, relating to the transfer, under Article 11(2) of Annex VIII to the Staff Regulations, of his pension rights;










—


Annul the decision of 23 February 2010‘annulling’ the proposal of 13 October 2009, accepted by Mr Cocchi on 10 November 2010, relating to the transfer, under Article 11(2) of Annex VIII to the Staff Regulations, of his pension rights;










—


order the defendant to pay EUR 200 000 to Mr Falcione and EUR 50 000 to Mr Cocchi;










—


order the European Commission to pay the costs.
Case C-538/10: Reference for a preliminary ruling from the Tribunal de première instance, Liège (Belgium) lodged on 19 November 2010 — Richard Lebrun, Marcelle Howet v État belge — SPF Finances
Date: 2010-11-19
Institutions: Court of Justice
Subjects: fundamental rights, interpretation of the law, judicial proceedings, right to justice, rights of the defence








C_2011038EN.01000401.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/4





Reference for a preliminary ruling from the Tribunal de première instance, Liège (Belgium) lodged on 19 November 2010 — Richard Lebrun, Marcelle Howet v État belge — SPF Finances
(Case C-538/10)
2011/C 38/04
Language of the case: French

Referring court

Tribunal de première instance, Liège

Parties to the main proceedings


Applicants: Richard Lebrun, Marcelle Howet

Defendant: État belge — SPF Finances

Question referred

Do Article 6 of Title I, ‘Common Provisions’, of the [Treaty on European Union, as amended by the] Treaty of Lisbon of 13 December 2007 amending the Treaty on European Union signed at Maastricht on 7 February 1992, in force since 1 December 2009 (substantially reproducing the provisions previously contained in Article 6 of Title I of the Treaty on European Union signed at Maastricht on 7 February 1992, which itself entered into force on 1 November 1993) and Article 234 (formerly 177) of the Treaty establishing the European Community (EC Treaty) of 25 March 1957, on the one hand, and/or Article 47 of the Charter of Fundamental Rights of the European Union of 7 December 2000, on the other hand, preclude a national law, such as that of 12 July 2009 amending Article 26 of the Special Law of 6 January 1989 on the [Constitutional Court], (1) from requiring prior recourse to the Constitutional Court by a national court which finds that a taxpaying citizen is deprived of the effective judicial protection guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as incorporated into Community law, by another national law, namely Article 2 of the Law of 24 July 2008, without that national court being able immediately to ensure the direct applicability of Community law to the dispute before it or being able to scrutinise compliance with that convention when the Constitutional Court has recognised the compatibility of the national law with the fundamental rights guaranteed by Title II of the [Belgian] Constitution?


(1)  Moniteur belge, 31 July 2009, p. 51617.
Council conclusions of 19 November 2010 on the European and International Policy Agendas on Children, Youth and Children’s Rights
Date: 2010-11-19
Institutions: Council of the European Union
Subjects: EU initiative, EU policy, EU relations, child protection, children's rights, young person








C_2010326EN.01000101.xml










3.12.2010   


EN


Official Journal of the European Union


C 326/1





Council conclusions of 19 November 2010 on the European and International Policy Agendas on Children, Youth and Children’s Rights
2010/C 326/01
THE COUNCIL OF THE EUROPEAN UNION,
1.   RECALLING:






—


Article 3(3) of the Treaty on European Union,










—


The Council Resolution of 27 November 2009 on a renewed framework for European cooperation in the youth field (2010-2018) which states that where appropriate, a children's policy dimension — having regard to their rights and protection taking into account that the life and future prospects of young people are significantly determined by opportunities, support and protection received during childhood — should be considered,










—


The Communication from the European Commission of 4 July 2006‘Towards an EU Strategy on the Rights of the Child’ (1).




2.   TAKES NOTE:






—


Of the information provided by the Presidency on the European and International Policy Agendas on Children, Youth and Children’s Rights (2).










—


Of the measures taken in the youth field in order to promote the right of children and young people to participate in the decision making affecting their lives.




3.   UNDERLINES:






—


The crucial importance of work undertaken in the area of children, youth and children’s rights.




4.   WELCOMES:






—


The European Commission’s intention to adopt a new Communication in this area setting off a strategy for the EU on the rights of the child.




5.   ACCORDINGLY ENCOURAGES:






—


Member States to cooperate and take an active role in this field and in future international meetings at both expert and ministerial level dealing with children’s rights.






(1)  COM(2006) 367 final.

(2)  Doc. 14855/10.
Non-opposition to a notified concentration (Case COMP/M.5982 — CVCII/Advance Properties/Huvepharma)  Text with EEA relevance
Date: 2010-11-19
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, pharmaceutical industry








C_2010315EN.01000101.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/1





Non-opposition to a notified concentration
(Case COMP/M.5982 — CVCII/Advance Properties/Huvepharma)
(Text with EEA relevance)
2010/C 315/01
On 12 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 32010M5982. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6075 — DHC/Vue Entertainment Investment) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-11-19
Institutions: European Commission
Subjects: economic concentration, exchange of information, film industry, investment company, merger control








C_2010315EN.01001401.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/14





Prior notification of a concentration
(Case COMP/M.6075 — DHC/Vue Entertainment Investment)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 315/09






1.


On 12 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking DHC Limited (‘DHC’, Cayman Islands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Vue Entertainment Investment Limited (‘Vue’, United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for DHC: private equity fund manager,










—


for Vue: cinema exhibition services.














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.6075 — DHC/Vue Entertainment Investment, 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’).
Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for pig meat products
Date: 2010-11-19
Institutions: European Commission
Subjects: import, import licence, pigmeat, tariff quota








C_2010315EN.01000401.xml










19.11.2010   


EN


Official Journal of the European Union


C 315/4





Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2011 under certain quotas opened by the European Union for pig meat products
2010/C 315/04
Commission Regulation (EC) No 442/2009 (1) opened tariff quotas for imports of pig meat products. The import licence applications lodged during the first seven days of September 2010 for the subperiod 1 October to 31 December 2010 do not, for quotas 09.4038, 09.4170 and 09.4204, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 January to 31 March 2011; they are set out in the Annex to this notice.


(1)  OJ L 129, 28.5.2009, p. 13.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2011
(in kg)




09.4038


16 473 700




09.4170


2 361 000




09.4204


2 312 000