do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5875 — Lactalis/Puleva Dairy)  Text with EEA relevance
Date: 2010-12-07
Institutions: European Commission
Subjects: dairy industry, economic concentration, exchange of information, merger control








C_2010329EN.01000102.xml










7.12.2010   


EN


Official Journal of the European Union


C 329/1





Non-opposition to a notified concentration
(Case COMP/M.5875 — Lactalis/Puleva Dairy)
(Text with EEA relevance)
2010/C 329/02
On 23 August 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 French 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 32010M5875. EUR-Lex is the on-line access to the European law.
Case C-116/09: Order of the President of the Eighth Chamber of the Court of 7 December 2010 — (reference for a preliminary ruling from the Bezirksgericht Ried i.I. (Austria)) — Criminal proceedings against Antonio Formato, Lenka Rohackova, Torsten Kuntz, Gardel Jong Aten, Hubert Kanatschnig, Jarmila Szabova, Zdenka Powerova, Nousia Nettuno
Date: 2010-12-07
Institutions: Court of Justice
Subjects: Austria, Bulgaria, EU Member State, Romania, accession to the European Union, game of chance, interpretation of the law, public limited company








C_2011063EN.01002403.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/24





Order of the President of the Eighth Chamber of the Court of 7 December 2010 — (reference for a preliminary ruling from the Bezirksgericht Ried i.I. (Austria)) — Criminal proceedings against Antonio Formato, Lenka Rohackova, Torsten Kuntz, Gardel Jong Aten, Hubert Kanatschnig, Jarmila Szabova, Zdenka Powerova, Nousia Nettuno
(Case C-116/09) (1)

2011/C 63/45
Language of the case: German
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 129, 6.6.2009.
Euro exchange rates
Date: 2010-12-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2010329EN.01000201.xml










7.12.2010   


EN


Official Journal of the European Union


C 329/2





Euro exchange rates (1)

6 December 2010
2010/C 329/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3280




JPY


Japanese yen


110,06




DKK


Danish krone


7,4525




GBP


Pound sterling


0,84720




SEK


Swedish krona


9,1115




CHF


Swiss franc


1,3084




ISK


Iceland króna


 




NOK


Norwegian krone


7,9785




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,043




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


280,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7098




PLN


Polish zloty


4,0190




RON


Romanian leu


4,3060




TRY


Turkish lira


1,9722




AUD


Australian dollar


1,3454




CAD


Canadian dollar


1,3366




HKD


Hong Kong dollar


10,3113




NZD


New Zealand dollar


1,7469




SGD


Singapore dollar


1,7345




KRW


South Korean won


1 507,76




ZAR


South African rand


9,1756




CNY


Chinese yuan renminbi


8,8291




HRK


Croatian kuna


7,3753




IDR


Indonesian rupiah


11 983,86




MYR


Malaysian ringgit


4,1790




PHP


Philippine peso


58,097




RUB


Russian rouble


41,5395




THB


Thai baht


39,860




BRL


Brazilian real


2,2405




MXN


Mexican peso


16,4460




INR


Indian rupee


59,6700






(1)  Source: reference exchange rate published by the ECB.
Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2011 under certain quotas opened by the Community for products in the poultrymeat sector
Date: 2010-12-07
Institutions: European Commission
Subjects: import, poultrymeat, tariff quota








C_2010329EN.01000301.xml










7.12.2010   


EN


Official Journal of the European Union


C 329/3





Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2011 under certain quotas opened by the Community for products in the poultrymeat sector
2010/C 329/04
Commission Regulation (EC) No 616/2007 (1) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of October 2010 for the subperiod 1 January to 31 March 2011 do not, for quotas 09.4212, 09.4214, 09.4217 and 09.4218, 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 April to 30 June 2011; they are set out in the Annex to this notice.


(1)  OJ L 142, 5.6.2007, p. 3.

(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 April to 30 June 2011
(in kg)




09.4212


74 088 000




09.4214


3 269 290




09.4217


18 202 000




09.4218


9 276 800
Case T-385/10 R: Order of the President of the General Court of 7 December 2010 — ArcelorMittal Wire France and Others v Commission (Application for interim measures — Competition — Commission decision imposing a fine — Bank guarantee — Application for suspension of operation of a measure — Financial loss — Absence of exceptional circumstances — No urgency)
Date: 2010-12-07
Institutions: General Court
Subjects: European Commission, action for annulment, action for failure to fulfil an obligation, fine, infringement of EU law








C_2011055EN.01002401.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/24





Order of the President of the General Court of 7 December 2010 — ArcelorMittal Wire France and Others v Commission
(Case T-385/10 R)
(Application for interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of operation of a measure - Financial loss - Absence of exceptional circumstances - No urgency)
2011/C 55/43
Language of the case: French

Parties


Applicants: ArcelorMittal Wire France (Bourg-en-Bresse, France); ArcelorMittal Fontaine (Fontaine-l’Évêque, Belgium); and ArcelorMittal Verderio Srl (Verderio Inferiore, Italy) (represented by: H. Calvet, O. Billard and M. Pittie, lawyers)

Defendant: European Commission (represented by: C. Giolito, L. Parpala and V. Bottka, Agents)

Re:

Application for suspension of operation of Article 2 of Commission Decision C(2010) 4387 final, of 30 June 2010, relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/38.344 — Prestressing steel), as amended by Commission Decision C(2010) 6676 final of 30 September 2010.

Operative part of the order







1.


The application for interim measures is dismissed;










2.


Costs are reserved.
Case T-11/07: Judgment of the General Court of 7 December 2010 — Frucona Košice v Commission (State aid — Partial remission of a tax debt in the context of an arrangement — Decision declaring the aid to be incompatible with the common market and ordering its recovery — Test of a private creditor in a market economy)
Date: 2010-12-07
Institutions: General Court
Subjects: European Commission, Slovakia, State aid, action for annulment (EU), control of State aid, tax debt write-off








C_2011030EN.01003301.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/33





Judgment of the General Court of 7 December 2010 — Frucona Košice v Commission
(Case T-11/07) (1)

(State aid - Partial remission of a tax debt in the context of an arrangement - Decision declaring the aid to be incompatible with the common market and ordering its recovery - Test of a private creditor in a market economy)
2011/C 30/57
Language of the case: English

Parties


Applicant: Frucona Košice a.s. (Košice, Slovakia) (represented by: B. Hartnett, Barrister, and O.H. Geiss and A. Barger, lawyers)

Defendant: European Commission (represented by: B. Martenczuk and K. Walkerová, Agents)

Intervener in support of the defendant: St. Nicolaus-trade a.s. (Bratislava, Slovakia) (represented by N. Smaho, lawyer)

Re:

ACTION for annulment of Commission Decision 2007/254/EC of 7 June 2006 on State aid C 25/05 (ex NN 21/05) implemented by the Slovak Republic for Frucona Košice a.s. (OJ 2007 L 112, p. 14).

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Frucona Košice a.s. to pay the costs.






(1)  OJ C 56, 10.3.2007.
Prior notification of a concentration (Case COMP/M.5984 — Intel/McAfee)  Text with EEA relevance
Date: 2010-12-07
Institutions: European Commission
Subjects: economic concentration, exchange of information, information technology industry, merger control, telecommunications industry








C_2010329EN.01001301.xml










7.12.2010   


EN


Official Journal of the European Union


C 329/13





Prior notification of a concentration
(Case COMP/M.5984 — Intel/McAfee)
(Text with EEA relevance)
2010/C 329/10






1.


On 29 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 Intel Corporation (‘Intel’, US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking McAfee Inc. (‘McAfee’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Intel: development and production of advanced integrated digital technology products, primarily integrated circuits, for industries such as computing and communications,










—


for McAfee: design and development of information technology security products and 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.5984 — Intel/McAfee, 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 C-439/10: Order of the Court (Fifth Chamber) of 7 December 2010 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — SC DRA SPEED SRL v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău (Reference for a preliminary ruling — Failure to provide a factual description — Inadmissibility)
Date: 2010-12-07
Institutions: Court of Justice
Subjects: Romania, interpretation of the law, motor vehicle, pollution, tax system








C_2011063EN.01001702.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/17





Order of the Court (Fifth Chamber) of 7 December 2010 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — SC DRA SPEED SRL v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău
(Case C-439/10) (1)

(Reference for a preliminary ruling - Failure to provide a factual description - Inadmissibility)
2011/C 63/32
Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings


Applicant: SC DRA SPEED SRL

Defendant: Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

Re:

Reference for a preliminary ruling — Curtea de Apel Secția Bacău Secția Comercială, Contencios Administrativ și Fiscal — Registration of second-hand vehicles previously registered in another Member State — Environmental tax on vehicles on their first registration in a Member State — Compatibility of the national rules with Article 110 TFEU — Discrimination in relation to second-hand vehicles already registered in the territory of that Member State and not subject to that tax on a subsequent sale or new registration

Operative part of the order

The reference for a preliminary ruling made by the Curtea de Apel Bacău by decision of 1 September 2010 is manifestly inadmissible.


(1)  OJ C 328, 4.12.2010.
Non-opposition to a notified concentration (Case COMP/M.6014 — GDF Suez/Certain Assets of Acea Electrabel)  Text with EEA relevance
Date: 2010-12-07
Institutions: European Commission
Subjects: economic concentration, energy production, exchange of information, merger control








C_2010329EN.01000101.xml










7.12.2010   


EN


Official Journal of the European Union


C 329/1





Non-opposition to a notified concentration
(Case COMP/M.6014 — GDF Suez/Certain Assets of Acea Electrabel)
(Text with EEA relevance)
2010/C 329/01
On 24 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 32010M6014. EUR-Lex is the on-line access to the European law.
Case T-59/08: Judgment of the General Court of 7 December 2010 — Nute Partecipazioni and La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC) (Community trade mark — Invalidity proceedings — Community word mark NIMEI LA PERLA MODERN CLASSIC — Earlier national figurative marks la PERLA — Relative ground for refusal — Injury to reputation — Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009))
Date: 2010-12-07
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), jewellery and goldsmith's articles, trade-mark law








C_2011030EN.01003401.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/34





Judgment of the General Court of 7 December 2010 — Nute Partecipazioni and La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC)
(Case T-59/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark NIMEI LA PERLA MODERN CLASSIC - Earlier national figurative marks la PERLA - Relative ground for refusal - Injury to reputation - Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009))
2011/C 30/59
Language of the case: Italian

Parties


Applicants: Nute Partecipazioni SpA, formerly Gruppo La Perla SpA (Bologna, Italy); and La Perla Srl (Bologna) (represented by: R. Morresi and A. Dal Ferro, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: L. Rampini, and subsequently by O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Worldgem Brands Srl, formerly Worldgem Brands — Gestão e Investimentos Lda (Creazzo, Italy) (represented by: V. Bilardo, M. Mazzitelli and C. Bacchini, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2007 (Case R 537/2004-2) concerning invalidity proceedings between Nute Partecipazioni SpA and Worldgem Brands Srl.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 November 2007 (Case R 537/2004-2) in so far as it dismissed the application for a declaration of invalidity and ordered Nute Partecipazioni SpA to bear its own costs;










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to bear its own costs together with 90 % of the costs of Nute Partecipazioni and of La Perla Srl before the Court and all the costs of Nute Partecipazioni before the Board of Appeal;










4.


Orders Nute Partecipazioni and La Perla to bear 10 % of their own costs before the Court;










5.


Orders Worldgem Brands Srl to bear its own costs.






(1)  OJ C 92, 12.4.2008.
Case T-238/08: Judgment of the General Court of 7 December 2010 — Commission v Commune de Valbonne (Arbitration clause — Research and training contract relating to a mutual education project between the city of Valbonne (France) and the province of Ascoli Piceno (Italy) — Application for reimbursement of advance payments)
Date: 2010-12-07
Institutions: General Court
Subjects: Economic Interest Grouping, European Commission, action for annulment (EU), contract, financial solvency, research, teaching








C_2011030EN.01003501.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/35





Judgment of the General Court of 7 December 2010 — Commission v Commune de Valbonne
(Case T-238/08) (1)

(Arbitration clause - Research and training contract relating to a mutual education project between the city of Valbonne (France) and the province of Ascoli Piceno (Italy) - Application for reimbursement of advance payments)
2011/C 30/61
Language of the case: French

Parties


Applicant: European Commission (represented by: initially, L. Escobar Guerrero, and subsequently, F. Dintilhac and A. Sauka, agents, and E. Bouttier, lawyer)

Defendant: Commune de Valbonne (France) (represented by: B. Rapp-Jung, lawyer)

Re:

Action based on an arbitration clause in accordance with Article 238 EC seeking an order that the Commune de Valbonne reimburse advance payments made by the European Commission, together with late-payment interest, in connection with Contract Valaspi MM 1027 of 29 December 1997.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders the European Commission to pay the costs.






(1)  OJ C 223, 30.8.2008.
Prior notification of a concentration (Case COMP/M.5999 — Sanofi-Aventis/Genzyme)  Text with EEA relevance
Date: 2010-12-07
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, pharmaceutical industry, pharmaceutical product








C_2010329EN.01001201.xml










7.12.2010   


EN


Official Journal of the European Union


C 329/12





Prior notification of a concentration
(Case COMP/M.5999 — Sanofi-Aventis/Genzyme)
(Text with EEA relevance)
2010/C 329/09






1.


On 29 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 Sanofi-Aventis (France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Genzyme (U.S.) by way of public bid announced on 4 October 2010.










2.


The business activities of the undertakings concerned are:






—


for undertaking Sanofi-Aventis: development, production, distribution and marketing of pharmaceuticals, human vaccines, and animal health products,










—


for undertaking Genzyme: research, development, manufacture and sale of pharmaceuticals, in particular biotechnology products used in the treatment of rare genetic diseases, cardiometabolic and renal diseases, biosurgery and hematologic oncology and multiple sclerosis.














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.5999 — Sanofi-Aventis/Genzyme, 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 C-440/10: Order of the Court (Fifth Chamber) of 7 December 2010 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — SC SEMTEX SRL v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău (Reference for a preliminary ruling — Failure to provide a factual description — Inadmissibility)
Date: 2010-12-07
Institutions: Court of Justice
Subjects: Romania, interpretation of the law, motor vehicle, pollution, tax system








C_2011063EN.01001801.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/18





Order of the Court (Fifth Chamber) of 7 December 2010 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — SC SEMTEX SRL v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău
(Case C-440/10) (1)

(Reference for a preliminary ruling - Failure to provide a factual description - Inadmissibility)
2011/C 63/33
Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings


Applicant: SC SEMTEX SRL

Defendant: Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

Re:

Reference for a preliminary ruling — Curtea de Apel Secția Bacău Secția Comercială, Contencios Administrativ și Fiscal — Registration of second-hand vehicles previously registered in another Member State — Environmental tax on vehicles on their first registration in a Member State — Compatibility of the national rules with Article 110 TFEU — Discrimination in relation to second-hand vehicles already registered in the territory of that Member State and not subject to that tax on a subsequent sale or new registration

Operative part of the order

The reference for a preliminary ruling made by the Curtea de Apel Bacău by decision of 1 September 2010 is manifestly inadmissible.


(1)  OJ C 328, 4.12.2010.