do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6135 — Carlyle/Administratiekantoor Alpinvest/Alpinvest)  Text with EEA relevance
Date: 2011-03-09
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control








C_2011075EN.01000102.xml










9.3.2011   


EN


Official Journal of the European Union


C 75/1





Non-opposition to a notified concentration
(Case COMP/M.6135 — Carlyle/Administratiekantoor Alpinvest/Alpinvest)
(Text with EEA relevance)
2011/C 75/02
On 2 March 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 32011M6135. EUR-Lex is the on-line access to the European law.
Case C-517/10: Order of the President of the Court of 9 March 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Canarias — Spain) — María Luisa Gómez Cueto v Administración del Estado
Date: 2011-03-09
Institutions: Court of Justice
Subjects: civil servant, interpretation of the law, interprofessional agreement, national implementing measure, professional association, public administration








C_2011186EN.01001702.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/17





Order of the President of the Court of 9 March 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Canarias — Spain) — María Luisa Gómez Cueto v Administración del Estado
(Case C-517/10) (1)

2011/C 186/30
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 30, 29.1.2011.
Case T-235/09: Judgment of the General Court of 9 March 2011 — Commission v Edificios Inteco (Arbitration clause — Programme concerning the promotion of energy technologies for Europe (Thermie) — Contract concerning the construction in Valladolid (Spain) of a commercial and business centre equipped with a solar powered air conditioning system — Non-performance of the contract — Reimbursement of sums advanced — Late payment interest — Procedure by default)
Date: 2011-03-09
Institutions: General Court
Subjects: European Commission, Spain, action for annulment (EU), building industry, economic infrastructure, urban construction








C_2011120EN.01001201.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/12





Judgment of the General Court of 9 March 2011 — Commission v Edificios Inteco
(Case T-235/09) (1)

(Arbitration clause - Programme concerning the promotion of energy technologies for Europe (Thermie) - Contract concerning the construction in Valladolid (Spain) of a commercial and business centre equipped with a solar powered air conditioning system - Non-performance of the contract - Reimbursement of sums advanced - Late payment interest - Procedure by default)
2011/C 120/29
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: G. Valero Jordana)

Defendant: Edificios Inteco SL (Valladolid, Spain) (represented by: C. de la Red Mantilla, lawyer)

Re:

Action brought by the Commission pursuant to Article 238 EC for reimbursement of the sum of EUR 157 238,07, paid by it to the defendant in relation to a construction project in Valladolid of a commercial and business centre equipped with a solar powered air conditioning system (contract BU/104/93) plus late payment interest.

Operative part of the judgment

The Court:






1.


Orders Edificios Inteco SL to reimburse to the European Commission the sum of EUR 157 238,07, plus EUR 81 686,22 corresponding to interest due on 1 June 2009;










2.


Orders Edificios Inteco to reimburse the Commission the sum of EUR 2 173 796 for each additional day’s delay from 2 June 2009 to payment in full of the debt.










3.


Orders Edificios Inteco to pay the costs.






(1)  OJ C 220, 12.9.2009.
Case T-190/09: Judgment of the General Court of 9 March 2011 — Longevity Health Products v OHIM — Performing Science (5 HTP) (Community trade mark — Invalidity proceedings — Community word mark 5 HTP — Absolute ground of refusal — Signs or indications which have become customary — Article 7(1)(d) of Regulation (EC) No 207/2009 — Distinctive character acquired by use — Article 52(2) of Regulation No 207/2009)
Date: 2011-03-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, trade-mark law








C_2011120EN.01001102.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/11





Judgment of the General Court of 9 March 2011 — Longevity Health Products v OHIM — Performing Science (5 HTP)
(Case T-190/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark 5 HTP - Absolute ground of refusal - Signs or indications which have become customary - Article 7(1)(d) of Regulation (EC) No 207/2009 - Distinctive character acquired by use - Article 52(2) of Regulation No 207/2009)
2011/C 120/28
Language of the case: German

Parties


Applicant: Longevity Health Products Inc. (Nassau, Bahamas) (represented by: J.E. Korab, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Performing Science LLC (Las Vegas, Nevada, United States) (represented by: D. Plasser, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) relating to invalidity proceedings between Performing Science LLC and Longevity Health Products Inc.

Operative part of the judgment

The Court:






1.


The action is dismissed;










2.


Longevity Health Products Inc. is ordered to pay the costs.






(1)  OJ C 167, 18.7.2009.
Case C-125/11: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 9 March 2011 — Bundesrepublik Deutschland v Robert Klinke
Date: 2011-03-09
Institutions: Court of Justice
Subjects: Germany, State aid, interpretation of the law, rights of civil servants, sick leave








C_2011269EN.01001903.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/19





Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 9 March 2011 — Bundesrepublik Deutschland v Robert Klinke
(Case C-125/11)
2011/C 269/34
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Bundesrepublik Deutschland

Defendant: Robert Klinke

Question referred

Does Council Directive 2000/78/EC establishing a general framework for equal treatment in employment (1) and occupation apply to national legislation on the grant of assistance to public servants in cases of illness?


(1)  OJ 2000 L 303, p. 16
Non-opposition to a notified concentration (Case COMP/M.6060 — Citigroup/Public Sector Pension Investment Board/DP World/DP World Australia/JV)  Text with EEA relevance
Date: 2011-03-09
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, port administration








C_2011075EN.01000201.xml










9.3.2011   


EN


Official Journal of the European Union


C 75/2





Non-opposition to a notified concentration
(Case COMP/M.6060 — Citigroup/Public Sector Pension Investment Board/DP World/DP World Australia/JV)
(Text with EEA relevance)
2011/C 75/03
On 2 March 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 32011M6060. EUR-Lex is the on-line access to the European law.
Commission Implementing Regulation (EU) No 231/2011 of 9 March 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-03-09
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2011063EN.01001301.xml










10.3.2011   


EN


Official Journal of the European Union


L 63/13








            COMMISSION IMPLEMENTING REGULATION (EU) No 231/2011
of 9 March 2011
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 10 March 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 March 2011.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


IL 


122,2 




MA 


51,5 




TN 


115,9 




TR 


89,8 




ZZ 


94,9 




0707 00 05 


TR 


166,1 




ZZ 


166,1 




0709 90 70 


MA 


43,3 




TR 


102,7 




ZZ 


73,0 




0805 10 20 


EG 


57,2 




IL 


64,5 




MA 


50,0 




TN 


55,5 




TR 


69,9 




ZZ 


59,4 




0805 50 10 


EG 


42,1 




MA 


42,1 




TR 


52,4 




ZZ 


45,5 




0808 10 80 


AR 


99,8 




CA 


101,6 




CL 


105,4 




CN 


84,8 




MK 


54,8 




US 


146,4 




ZA 


67,5 




ZZ 


94,3 




0808 20 50 


AR 


85,2 




CL 


106,8 




CN 


81,8 




US 


79,9 




ZA 


103,8 




ZZ 


91,5 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Action brought on 9 March 2011 by the VTM Fundmanagement AG against the EFTA Surveillance Authority (Case E-6/11)
Date: 2011-03-09
Institutions: EFTA Court
Subjects: EFTA Court, investment company, tax system








C_2011135EN.01001301.xml










5.5.2011   


EN


Official Journal of the European Union


C 135/13





Action brought on 9 March 2011 by the VTM Fundmanagement AG against the EFTA Surveillance Authority
(Case E-6/11)
2011/C 135/07
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 9 March 2011 by the VTM Fundmanagement AG, represented by Dr Michael Sánchez Rydelski, Rechtsanwalt, of Steptoe & Johnson LLP, Avenue Louise 240, BE-1050 Brussels, Belgium and Dr Hans-Michael Pott, Rechtsanwalt, of Sernetz Schäfer Rechtsanwälte, Berliner Allee 10, 40212 Düsseldorf, Germany.
The VTM Fundmanagement AG requests the EFTA Court to:






1.


annul the EFTA Surveillance Authority’s Decision No 416/10/COL of 3 November 2010 on the taxation of investment undertakings under the Liechtenstein Tax Act;










2.


in the alternative, declare void Articles 3 and 4 of the EFTA Surveillance Authority’s Decision No 416/10/COL of 3 November 2010, to the extent that they order the recovery of the aid referred to in Article 1 of that Decision;
and










3.


order the EFTA Surveillance Authority to pay the costs of the proceedings.





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







—


The EFTA Surveillance Authority’s Decision No 416/10/COL of 3 November 2010 declared that the aid measure implemented by the Liechtenstein authorities in favour of investment companies, and which were repealed with effect from 30 June 2006, were not compatible with Article 61(1) of the EEA Agreement.










—


The EFTA Surveillance Authority further decided that the alleged aid constituted unlawful aid subject to recovery from investment companies receiving it from 15 March 1997 until the date in which beneficiaries last benefited from the tax exemptions following their repeal in 2006.










—


The applicant claims that the EFTA Surveillance Authority:






—


incorrectly applied Article 61(1) of the EEA Agreement,










—


erred in ordering the recovery of the alleged aid,










—


did not provide adequate reasoning as required by Article 16 of the Surveillance and Court Agreement.
2011/218/EU: Council Decision of 9 March 2011 on the conclusion of the Agreement between the European Union and the Government of the Faeroe Islands on scientific and technological cooperation, associating the Faeroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013)
Date: 2011-03-09
Institutions: Council of the European Union
Subjects: Faroes, cooperation agreement (EU), scientific cooperation, signature of an agreement, technical cooperation, technology








L_2011093EN.01000101.xml










7.4.2011   


EN


Official Journal of the European Union


L 93/1








            COUNCIL DECISION
         
of 9 March 2011
         
on the conclusion of the Agreement between the European Union and the Government of the Faeroe Islands on scientific and technological cooperation, associating the Faeroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013)
(2011/218/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186, in conjunction with point (v) of Article 218(6)(a), thereof,


Having regard to the proposal from the Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


The Commission has negotiated, on behalf of the Union, an Agreement with the Government of the Faeroe Islands on scientific and technological cooperation associating the Faeroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013) (hereinafter referred to as ‘the Agreement’).












(2)


The Agreement was signed by the representatives of the Parties on 3 June 2010 in Brussels, and was made provisionally applicable as from 1 January 2010, pending its conclusion at a later date.












(3)


The Agreement should be concluded on behalf of the Union,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Union and the Government of the Faeroe Islands on scientific and technological cooperation associating the Faeroe Islands to the Union’s Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013) is hereby approved on behalf of the Union (1).


Article 2
The Commission shall adopt the position to be taken by the Union in the Joint Committee established by Article 4(1) of the Agreement.


Article 3
The President of the Council, on behalf of the Union, shall make the notification provided for in Article 5(2) of the Agreement.


Article 4
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 9 March 2011.


For the Council


The President


               CSÉFALVAY Z.





(1)  
            OJ L 245, 17.9.2010, p. 2.
Case C-124/11: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 9 March 2011 — Bundesrepublik Deutschland v Karen Dittrich
Date: 2011-03-09
Institutions: Court of Justice
Subjects: Germany, State aid, interpretation of the law, rights of civil servants, sick leave








C_2011269EN.01001902.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/19





Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 9 March 2011 — Bundesrepublik Deutschland v Karen Dittrich
(Case C-124/11)
2011/C 269/33
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Bundesrepublik Deutschland

Defendant: Karen Dittrich

Question referred

Does Council Directive 2000/78/EC establishing a general framework for equal treatment in employment (1) and occupation apply to national legislation on the grant of assistance to public servants in cases of illness?


(1)  OJ 2000 L 303, p. 16
2011/343/EU: Council Decision of 9 March 2011 on the conclusion of the Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation
Date: 2011-03-09
Institutions: Council of the European Union
Subjects: Jordan, cooperation agreement (EU), revision of an agreement, scientific cooperation, technical cooperation








L_2011159EN.01000101.xml










17.6.2011   


EN


Official Journal of the European Union


L 159/1








            COUNCIL DECISION
         
of 9 March 2011
         
on the conclusion of the Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation
(2011/343/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186, in conjunction with point (v) of Article 218(6)(a), thereof,


Having regard to the proposal from the Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


The Commission negotiated, on behalf of the Community, an Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation.












(2)


That Agreement was signed by the representatives of the Parties on 30 November 2009 in Brussels, and has been provisionally applied upon signature pursuant to Article 7(2) of the Agreement, pending its conclusion.












(3)


As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.












(4)


The Agreement should be concluded on behalf of the Union,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Community and the Hashemite Kingdom of Jordan on Scientific and Technological Cooperation is hereby approved on behalf of the Union (1).


Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 7(2) of the Agreement and make the following notification to the Hashemite Kingdom of Jordan:
‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 9 March 2011.


For the Council


The President


               CSÉFALVAY Z.





(1)  See page 108 of this Official Journal.
Non-opposition to a notified concentration (Case COMP/M.6038 — EDFT-L/ATIC/STMC6 JV)  Text with EEA relevance
Date: 2011-03-09
Institutions: European Commission
Subjects: economic concentration, electrical industry, exchange of information, maritime transport, merger control, mining industry








C_2011075EN.01000101.xml










9.3.2011   


EN


Official Journal of the European Union


C 75/1





Non-opposition to a notified concentration
(Case COMP/M.6038 — EDFT-L/ATIC/STMC6 JV)
(Text with EEA relevance)
2011/C 75/01
On 2 March 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 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 32011M6038. EUR-Lex is the on-line access to the European law.
Case C-123/11: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 9 March 2011 — A Oy
Date: 2011-03-09
Institutions: Court of Justice
Subjects: Finland, financial loss, merger, organisation








C_2011145EN.01001702.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/17





Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 9 March 2011 — A Oy
(Case C-123/11)
2011/C 145/24
Language of the case: Finish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Applicant: A Oy

Defendant: Veronsaajien oikeudenvalvontayksikkö and Valtiovarainministerio

Questions referred







1.


Do Article 49 TFEU and Article 54 TFEU require that the acquiring company is entitled to deduct in its taxation losses incurred in previous years by a company merging with it, which has resided in another Member State where it has incurred the losses in connection with business activities, when the acquiring company will not have a fixed place of business in the resident state of the acquired company and when, under national legislation, the acquiring company is entitled to deduct the losses of an acquired company, if the acquired company was Finnish or if the losses had been incurred in a fixed place of business located in this state?










2.


If the answer to the first question is affirmative, do Article 49 TFEU and Article 54 TFEU have a bearing on whether the loss to be deducted is calculated in accordance with the tax legislation of the acquiring company’s state of residence, or should the losses consolidated in the acquired company’s state of residence be considered as the deductible losses?