do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5976 — Lufthansa Technik/Panasonic Avionics/Idair JV)  Text with EEA relevance
Date: 2011-02-24
Institutions: European Commission
Subjects: aerospace industry, civil aviation, economic concentration, exchange of information, merger control








C_2011058EN.01000101.xml










24.2.2011   


EN


Official Journal of the European Union


C 58/1





Non-opposition to a notified concentration
(Case COMP/M.5976 — Lufthansa Technik/Panasonic Avionics/Idair JV)
(Text with EEA relevance)
2011/C 58/01
On 17 February 2011, 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 32011M5976. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2011-02-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2011058EN.01000301.xml










24.2.2011   


EN


Official Journal of the European Union


C 58/3





Euro exchange rates (1)

23 February 2011
2011/C 58/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3731




JPY


Japanese yen


113,69




DKK


Danish krone


7,4551




GBP


Pound sterling


0,84590




SEK


Swedish krona


8,7935




CHF


Swiss franc


1,2853




ISK


Iceland króna


 




NOK


Norwegian krone


7,7390




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,527




HUF


Hungarian forint


272,65




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7045




PLN


Polish zloty


3,9583




RON


Romanian leu


4,2253




TRY


Turkish lira


2,1878




AUD


Australian dollar


1,3691




CAD


Canadian dollar


1,3629




HKD


Hong Kong dollar


10,7008




NZD


New Zealand dollar


1,8394




SGD


Singapore dollar


1,7518




KRW


South Korean won


1 543,26




ZAR


South African rand


9,7189




CNY


Chinese yuan renminbi


9,0272




HRK


Croatian kuna


7,4105




IDR


Indonesian rupiah


12 156,39




MYR


Malaysian ringgit


4,1838




PHP


Philippine peso


59,849




RUB


Russian rouble


40,1920




THB


Thai baht


42,044




BRL


Brazilian real


2,2910




MXN


Mexican peso


16,6260




INR


Indian rupee


61,9710






(1)  Source: reference exchange rate published by the ECB.
Case C-86/11: Action brought on 24 February 2011 — European Commission v United Kingdom of Great Britain and Northern Ireland
Date: 2011-02-24
Institutions: Court of Justice
Subjects: Northern Ireland, United Kingdom, VAT, basis of tax assessment, tax exemption, tax relief








C_2011145EN.01001101.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/11





Action brought on 24 February 2011 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-86/11)
2011/C 145/15
Language of the case: English

Parties


Applicant: European Commission (represented by: R. Lyal, Agent)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:







—


declare that by permitting non-taxable persons to be members of a VAT group (a single taxable person for VAT purposes), the United Kingdom has failed to comply with its obligations under Articles 9 and 11 of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax;










—


order United Kingdom of Great Britain and Northern Ireland to pay the costs.





Pleas in law and main arguments

For reasons of facility and in order to combat possible abuses, the VAT directive allows Member States to treat two or more taxable persons together as a single taxable person. It is submitted that the directive does not allow them to include non-taxable persons in such a group, thus extending the rights and obligations of taxable persons to non-taxable persons. The United Kingdom legislation which permits the inclusion of non-taxable persons in a VAT group is thus contrary to the directive.


(1)  OJ L 347, p. 1
Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Action withdrawn — Request made by a Member State
Date: 2011-02-24
Institutions: European Commission
Subjects: Denmark, award of contract, extraction of oil, gas industry








C_2011058EN.01001301.xml










24.2.2011   


EN


Official Journal of the European Union


C 58/13





Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Action withdrawn
Request made by a Member State
2011/C 58/07
On 26 October 2010, the Commission received a request in accordance with Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).
This request, from the Kingdom of Denmark, concerns exploration for and extraction of oil and gas in that country, excluding Greenland and the Faeroe Islands. The request was published in OJ C 300, 6.11.2010, p. 37. The initial period expired on 27 January 2011. That deadline was extended until 28 February 2011, and the extension was published in OJ C 332, 9.12.2010, p. 11 and OJ C 32, 1.2.2011, p. 26.
On 15 February 2011, the Danish authorities withdrew the request, which should be considered null and void. There is therefore no need to decide whether or not Article 30(1) should apply to these sectors in Denmark. Directive 2004/17/EC therefore continues to apply when contracting entities award contracts intended to enable exploration for and extraction of oil and gas in Denmark, excluding Greenland and the Faeroe Islands, and when they organise competitive tendering for the pursuit of such an activity in the said geographical areas.


(1)  OJ L 134, 30.4.2004, p. 1.
Action brought on 24 February 2011 by the EFTA Surveillance Authority against Norway (Case E-5/11)
Date: 2011-02-24
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, Norway, action for failure to fulfil an obligation, maritime safety, pollution control measures, pollution from ships








C_2011125EN.01001301.xml










28.4.2011   


EN


Official Journal of the European Union


C 125/13





Action brought on 24 February 2011 by the EFTA Surveillance Authority against Norway
(Case E-5/11)
2011/C 125/11
An action against Norway was brought before the EFTA Court on 24 February 2011 by the EFTA Surveillance Authority, represented by Xavier Lewis and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, 35, Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to declare that:






1.


By failing to adopt the measures necessary to make:






(a)


the Act referred to at point 56oa of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto; and










(b)


the Act referred to at point 56oa of Chapter V of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 2038/2006 of the European Parliament and of the Council of 18 December 2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Kingdom of Norway has failed to fulfil its obligations under Article 7 EEA.














2.


The Kingdom of Norway be ordered to bear the costs of the proceedings.





Legal and factual background and pleas in law adduced in support:







—


The EFTA Surveillance Authority submits that the Kingdom of Norway has failed to make Regulation (EC) No 2038/2006 and Regulation (EC) No 1406/2002 part of its internal legal order, within the time prescribed by EEA Joint Committee Decisions No 52/2007 and No 81/2003, respectively.










—


The EFTA Surveillance Authority submits that Norway should have incorporated Regulation (EC) No 1406/2002 and Regulation (EC) No 2038/2006 respectively more than seven and more than three and a half years ago. It therefore considers that the Norwegian Government has had more than sufficient time to adopt the measures necessary to make the Regulations part of its internal legal order, and that it has failed to fulfil its obligations under Article 7 EEA.
Case C-85/11: Action brought on 24 February 2011 — European Commission v Ireland
Date: 2011-02-24
Institutions: Court of Justice
Subjects: Ireland, VAT, basis of tax assessment, tax exemption, tax relief








C_2011145EN.01001001.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/10





Action brought on 24 February 2011 — European Commission v Ireland
(Case C-85/11)
2011/C 145/14
Language of the case: English

Parties


Applicant: European Commission (represented by: R. Lyal, Agent)

Defendant: Ireland

The applicant claims that the Court should:







—


declare that by permitting non-taxable persons to be members of a VAT group (a single taxable person for VAT purposes), Ireland has failed to comply with its obligations under Articles 9 and 11 of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax;










—


order Ireland to pay the costs.





Pleas in law and main arguments

For reasons of facility and in order to combat possible abuses, the VAT directive allows Member States to treat two or more taxable persons together as a single taxable person. It is submitted that the directive does not allow them to include non-taxable persons in such a group, thus extending the rights and obligations of taxable persons to non-taxable persons. The Irish legislation which permits the inclusion of non-taxable persons in a VAT group is thus contrary to the directive.


(1)  OJ L 347, p. 1
Corrigendum to Commission Regulation (EU) No 143/2011 of 17 February 2011 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals ( ‘REACH’ ) ( OJ L 44, 18.2.2011 )
Date: 2011-02-24
Institutions: European Commission
Subjects: European Chemicals Agency, administrative formalities, chemical product, environmental risk prevention, marketing standard, product safety, scientific report








L_2011049EN.01005201.xml










24.2.2011   


EN


Official Journal of the European Union


L 49/52







Corrigendum to Commission Regulation (EU) No 143/2011 of 17 February 2011 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (‘REACH’)
(
Official Journal of the European Union L 44 of 18 February 2011
)

On page 5, the Annex is replaced by the following text:




                           ‘ANNEX
In Annex XIV to Regulation (EC) No 1907/2006 the following table is inserted:












‘Entry Nr


Substance


Intrinsic property(ies) referred to in Article 57


Transitional arrangements


Exempted (categories of) uses


Review periods




Latest application date (1)



Sunset date (2)





1.


5-tert-butyl-2,4,6-trinitro-m-xylene
(Musk xylene)
EC No: 201-329-4
CAS No: 81-15-2


vPvB


21 February 2013


21 August 2014


—


—




2.


4,4’-Diaminodiphenylmethane

(MDA)

EC No: 202-974-4
CAS No: 101-77-9


Carcinogenic
(category 1B)


21 February 2013


21 August 2014


—


—




3.


Hexabromocyclododecane
(HBCDD)
EC No: 221-695-9,
247-148-4,
CAS No: 3194-55-6
25637-99-4
alpha-hexabromocyclododecane







CAS No


:


134237-50-6,




beta-hexabromocyclododecane







CAS No


:


134237-51-7




gamma-hexabromocyclododecane







CAS No


:


134237-52-8






PBT


21 February 2014


21 August 2015


—


—




4.


Bis(2-ethylhexyl) phthalate
(DEHP)
EC No: 204-211-0
CAS No: 117-81-7


Toxic for reproduction
(category 1B)


21 August 2013


21 February 2015


Uses in the immediate packaging of medicinal products covered under Regulation (EC) No 726/2004, Directive 2001/82/EC, and/or Directive 2001/83/EC.


 




5.


Benzyl butyl phthalate
(BBP)
EC No: 201-622-7
CAS No: 85-68-7


Toxic for reproduction
(category 1B)


21 August 2013


21 February 2015


Uses in the immediate packaging of medicinal products covered under Regulation (EC) No 726/2004, Directive 2001/82/EC, and/or Directive 2001/83/EC.


 




6.


Dibutyl phthalate
(DBP)
EC No: 201-557-4
CAS No: 84-74-2


Toxic for reproduction
(category 1B)


21 August 2013


21 February 2015


Uses in the immediate packaging of medicinal products covered under Regulation (EC) No 726/2004, Directive 2001/82/EC, and/or Directive 2001/83/EC.


 










(1)  Date referred to in Article 58(1)(c)(ii) of Regulation (EC) No 1907/2006.

(2)  Date referred to in Article 58(1)(c)(i) of Regulation (EC) No 1907/2006.’ ’
Corrigendum to Commission Regulation (EU) No 144/2011 of 17 February 2011 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements ( OJ L 44, 18.2.2011 )
Date: 2011-02-24
Institutions: European Commission
Subjects: animal product, health certificate, health control, import (EU), live animal, originating product, third country, transport of animals, veterinary inspection








L_2011049EN.01005301.xml










24.2.2011   


EN


Official Journal of the European Union


L 49/53







Corrigendum to Commission Regulation (EU) No 144/2011 of 17 February 2011 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements
(
Official Journal of the European Union L 44 of 18 February 2011
)

On page 17, Annex, the table in point 2, row ‘BW — Botswana’, 8th column:
for:

               ‘[insert the date of application of present Regulation]’,
read:

               ‘
               18 February 2011
               ’.
Council position on the draft budget of the European Union for the financial year 2011
Date: 2011-02-24
Institutions: Council of the European Union
Subjects: Council of the European Union, European Union, draft budget, financial year, general budget








C_2011058EN.01000201.xml










24.2.2011   


EN


Official Journal of the European Union


C 58/2





Council position on the draft budget of the European Union for the financial year 2011
2011/C 58/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic and Energy Community, and in particular Article 106a thereof,
Having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (1),
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), as last amended by Council Regulation (EU, Euratom) No 1081/2010 of 24 November 2010 (3),
Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management, as last amended by Decision 2009/1005/EU of the European Parliament and of the Council of 17 December 2009 (4), and in particular the multiannual financial framework provided for in Part I thereof,
Whereas:






—


on 26 November 2010, the Commission submitted a proposal containing the new draft budget for the financial year 2011 (5),










—


given the need to adopt a Council position on the new draft budget proposal as soon as possible with a view to a budget being definitively adopted before the beginning of the financial year 2011, thus ensuring the continuity of the Union's action, it is justified to shorten the eight-week period laid down in Article 4 of the Protocol No 1 for the information of the National Parliaments, as well as the ten-day period for the placing of the item on the Council's provisional agenda, in accordance with Article 3(3) of the Council's Rules of Procedure,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on the new draft general budget of the European Union for the financial year 2011 was adopted by the Council on 10 December 2010.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 10 December 2010.


For the Council


The President

V. VAN QUICKENBORNE




(1)  OJ L 163, 23.6.2007, p. 17.

(2)  OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

(3)  OJ L 311, 26.11.2010, p. 9.

(4)  OJ L 347, 24.12.2009, p. 26.

(5)  COM(2010) 750 final.