do-me/EUR-LEX huggingface dataset:
Case C-375/09: Judgment of the Court (Grand Chamber) of 3 May 2011 (reference for a preliminary ruling from the Sąd Najwyższy — Republic of Poland) — Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp. z o.o., now Netia SA (Competition — Regulation (EC) No 1/2003 — Article 5 — Abuse of a dominant position — Powers of the competition authorities of the Member States to find that there has been no breach of Article 102 TFEU)
Date: 2011-05-03
Institutions: Court of Justice
Subjects: competition law, dominant position, interpretation of the law, restriction on competition








C_2011186EN.01000401.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/4





Judgment of the Court (Grand Chamber) of 3 May 2011 (reference for a preliminary ruling from the Sąd Najwyższy — Republic of Poland) — Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp. z o.o., now Netia SA
(Case C-375/09) (1)

(Competition - Regulation (EC) No 1/2003 - Article 5 - Abuse of a dominant position - Powers of the competition authorities of the Member States to find that there has been no breach of Article 102 TFEU)
2011/C 186/06
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Applicant: Prezes Urzędu Ochrony Konkurencji i Konsumentów

Defendant: Tele2 Polska sp. z o.o., now Netia SA

Re:

Reference for a preliminary ruling — Sąd Najwyższy — Interpretation of Article 5 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 EC (OJ 2003 L 1, p. 1) — Abuse of a dominant position — Whether the competition authorities of the Member States have the power to take a decision stating that Article 82 EC is not applicable to the commercial practices of an undertaking

Operative part of the judgment







1.


Article 5 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty must be interpreted as precluding a national competition authority, in the case where, in order to apply Article 102 TFEU, it examines whether the conditions for applying that article are satisfied and where, following that examination, it forms the view that there has been no abuse, from being able to take a decision stating that there has been no breach of that article;










2.


The second paragraph of Article 5 of Regulation No 1/2003 is directly applicable and precludes the application of a rule of national law which would require a procedure relating to the application of Article 102 TFEU to be brought to an end by a decision stating that there has been no breach of that article.






(1)  OJ C 297, 5.12.2009.
Euro exchange rates
Date: 2011-05-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2011131EN.01000401.xml










3.5.2011   


EN


Official Journal of the European Union


C 131/4





Euro exchange rates (1)

2 May 2011
2011/C 131/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4837




JPY


Japanese yen


120,85




DKK


Danish krone


7,4574




GBP


Pound sterling


0,88920




SEK


Swedish krona


8,9267




CHF


Swiss franc


1,2856




ISK


Iceland króna


 




NOK


Norwegian krone


7,7800




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,175




HUF


Hungarian forint


264,05




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


3,9297




RON


Romanian leu


4,0935




TRY


Turkish lira


2,2569




AUD


Australian dollar


1,3553




CAD


Canadian dollar


1,4088




HKD


Hong Kong dollar


11,5224




NZD


New Zealand dollar


1,8366




SGD


Singapore dollar


1,8150




KRW


South Korean won


1 581,73




ZAR


South African rand


9,7782




CNY


Chinese yuan renminbi


9,6218




HRK


Croatian kuna


7,3670




IDR


Indonesian rupiah


12 674,04




MYR


Malaysian ringgit


4,3962




PHP


Philippine peso


63,250




RUB


Russian rouble


40,6200




THB


Thai baht


44,303




BRL


Brazilian real


2,3349




MXN


Mexican peso


17,0900




INR


Indian rupee


65,7870






(1)  Source: reference exchange rate published by the ECB.
Case F-23/11: Action brought on 3 March 2011 — ZZ v Council
Date: 2011-05-03
Institutions: Civil Service Tribunal
Subjects: European Central Bank, European official, action for annulment, candidate, damage, indemnification, promotion








C_2011226EN.01003101.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/31





Action brought on 3 March 2011 — ZZ v Council
(Case F-23/11)
2011/C 226/61
Language of the case: French

Parties


Applicant: ZZ (represented by: E. Boigelot and S. Woog, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision of the Council not to include the applicant in the list of officials promoted to grade AST 9 under the 2010 promotion procedure and compensation for the non-material harm suffered.

Form of order sought







—


Annul the decision of the Council, published on 21 May 2010 by Staff Note No 82/10, not to include the applicant in the list of officials promoted from grade AST 8 to grade AST 9 under the 2010 promotion procedure;










—


As a consequence of that annulment, undertake a fresh comparative examination of the merits of the applicant and of the other candidates for the 2010 promotion procedure and promote the applicant as a supernumerary to grade AST 9 with retroactive effect to 1 January 2010, with payment of interest on the arrears of remuneration at the rate fixed by the European Central Bank for main re-financing operations, with effect from 1 January 2010, increased by two percentage points, without, however, calling into question the promotion of the other officials promoted;










—


In the alternative, if the Tribunal were to consider that the applicant’s promotion to grade AST 9 cannot be made retroactively as a supernumerary, annul not only the decision not to include the applicant in the list of officials promoted from grade AST 8 to grade AST 9 under the 2010 promotion procedure but also the promotion decisions which led to the establishment of the list of officials promoted to grade AST 9, published on 21 May 2010;










—


In the further alternative, if the Tribunal were to consider that annulment of the promotion decisions sought in the alternative constituted an excessive penalty for the unlawfulness found, order the Council to pay compensation covering the damage to the applicant’s career caused by the delay in promotion between 1 January 2010 and the date on which promotion is granted;










—


Order the Council to pay the applicant the sum of EUR 3 500 as compensation for the non-material damage suffered by reason of his not being promoted on 1 January 2010, the right to increase that sum during the proceedings being reserved;










—


Order the Council to pay the costs.
Commission Implementing Regulation (EU) No 431/2011 of 3 May 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-05-03
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, perennial vegetable, pip fruit








L_2011114EN.01000101.xml










4.5.2011   


EN


Official Journal of the European Union


L 114/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 431/2011
of 3 May 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 4 May 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 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 


JO 


78,3 




MA 


36,1 




TN 


109,4 




TR 


80,7 




ZZ 


76,1 




0707 00 05 


AL 


107,4 




TR 


120,5 




ZZ 


114,0 




0709 90 70 


JO 


78,3 




MA 


78,8 




TR 


126,9 




ZZ 


94,7 




0709 90 80 


EC 


33,0 




ZZ 


33,0 




0805 10 20 


EG 


52,2 




IL 


70,0 




MA 


44,7 




TN 


51,9 




TR 


68,5 




ZZ 


57,5 




0805 50 10 


TR 


52,9 




ZZ 


52,9 




0808 10 80 


AR 


75,2 




BR 


68,0 




CA 


111,8 




CL 


78,5 




CN 


103,1 




MA 


86,7 




NZ 


110,9 




US 


136,5 




UY 


51,8 




ZA 


84,7 




ZZ 


90,7 






(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’.
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2011-05-03
Institutions: European Commission
Subjects: Ireland, air transport, disclosure of information, inland transport, public service, transport regulations








C_2011131EN.01001301.xml










3.5.2011   


EN


Official Journal of the European Union


C 131/13





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2011/C 131/06






Member State


Ireland




Concerned routes


Kerry–Dublin
Donegal–Dublin




Date of entry into force of the revised public service obligations


1 October 2011




Address where the text and any relevant information and/or documentation related to the public service obligations can be obtained







Department of Transport, Tourism and Sport




44 Kildare Street




Dublin 2




IRELAND




Airports Division




Tel. +353 16041299 / 16041009




Fax +353 16041681




E-mail: Airportsdivision@dttas.ie
Prior notification of a concentration (Case COMP/M.6219 — Advent International Corporation/Provimi Pet Food Business) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-05-03
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, pet food








C_2011131EN.01001901.xml










3.5.2011   


EN


Official Journal of the European Union


C 131/19





Prior notification of a concentration
(Case COMP/M.6219 — Advent International Corporation/Provimi Pet Food Business)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 131/11






1.


On 15 April 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which certain funds controlled by Advent International Corporation (‘Advent’, USA), acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of Provimi SA (France), namely Provimi Pet Food France SAS (France) and Provimi Pet Food NL BV (Netherlands) together with its subsidiary companies Pet Hungaria Kft (Hungary), Provimi Pet Food Pr Ltd (Hungary), Provimi Pet Food CZ s.r.o. (Czech Republic), Provimi Pet Food SK s.r.o. (Slovakia) and Provimi Pet Food PL SP Z.o.o. (Poland) (altogether ‘Provimi’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Advent: international private equity group,










—


Provimi: private label pet food producer providing dry and wet food and snacks for cats and dogs in Europe.














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.6219 — Advent International Corporation/Provimi Pet Food Business, 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’).
Call for proposals under the Implementation Plan of Fuel Cells and Hydrogen Joint Undertaking
Date: 2011-05-03
Institutions: European Commission
Subjects: EU programme, energy technology, fuel cell, hydrogen, joint venture








C_2011131EN.01001501.xml










3.5.2011   


EN


Official Journal of the European Union


C 131/15





Call for proposals under the Implementation Plan of Fuel Cells and Hydrogen Joint Undertaking
2011/C 131/08
Notice is hereby given of the launch of a call for proposals under the Annual Implementation Plan 2011 of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU)
Proposals are invited for the following call: FCH-JU-2011-1

Call documentation including deadline and budget is given in the call text, which is published on the following website:
http://cordis.europa.eu/
Commission communication pursuant to Article 17 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2011-05-03
Institutions: European Commission
Subjects: Ireland, air transport, disclosure of information, inland transport, public service, transport regulations








C_2011131EN.01001401.xml










3.5.2011   


EN


Official Journal of the European Union


C 131/14





Commission communication pursuant to Article 17 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2011/C 131/07






Member State


Ireland




Concerned routes


Kerry–Dublin
Donegal–Dublin




Period of validity of the contract


1 October 2011-30 September 2014




Deadline for the submission of tenders


Two months after the date of publication of this tender invitation




Address where the text of the invitation to tender and/or documentation related to the public tender and the public service obligations can be obtained free of charge







Department of Transport, Tourism and Sport




44 Kildare Street




Dublin 2




IRELAND




Airports Division




Tel. +353 16041299 / 16041009




Fax +353 16041681




E-mail: Airportsdivision@dttas.ie
Prior notification of a concentration (Case COMP/M.5900 — LGI/KBW)  Text with EEA relevance
Date: 2011-05-03
Institutions: European Commission
Subjects: economic concentration, exchange of information, materials technology, merger control, telecommunications, television








C_2011131EN.01001801.xml










3.5.2011   


EN


Official Journal of the European Union


C 131/18





Prior notification of a concentration
(Case COMP/M.5900 — LGI/KBW)
(Text with EEA relevance)
2011/C 131/10






1.


On 19 April 2011, 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 Liberty Global Inc. (‘LGI’, USA) through its wholly-owned subsidiary Liberty Global Europe Holding B.V. (Netherlands), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Kabel Baden-Württemberg GmbH & Co. KG (‘KBW’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for LGI: an international broadband cable operator offering video, voice and internet services to its customers,










—


for KBW: a regional broadband cable network operator in Germany providing TV, broadband internet and voice telephony services to customers in the German federal state of Baden-Württemberg.














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.5900 — LGI/KBW, 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’).