do-me/EUR-LEX huggingface dataset:
Case T-88/11: Order of the General Court of 4 May 2011 — BIA Separations v Commission
Date: 2011-05-04
Institutions: General Court
Subjects: European Investment Bank, access to information, action for annulment (EU), cooperation agreement








C_2011186EN.01003202.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/32





Order of the General Court of 4 May 2011 — BIA Separations v Commission
(Case T-88/11) (1)

2011/C 186/59
Language of the case: English
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 103, 2.4.2011.
Case T-232/11: Action brought on 4 May 2011 — Stichting Greenpeace Nederland and PAN Europe v Commission
Date: 2011-05-04
Institutions: General Court
Subjects: EU law, action for annulment (EU), environmental protection








C_2011194EN.01001901.xml










2.7.2011   


EN


Official Journal of the European Union


C 194/19





Action brought on 4 May 2011 — Stichting Greenpeace Nederland and PAN Europe v Commission
(Case T-232/11)
2011/C 194/31
Language of the case: English

Parties


Applicants: Stichting Greenpeace Nederland (Amsterdam, Netherlands) and Pesticide Action Network Europe (PAN Europe) (Brussels, Belgium) (represented by: B. Kloostra, lawyer)

Defendant: European Commission

Form of order sought







—


Declare the Commission’s Decision of 1 March 2011 (Ares(2011)223668) contrary to Regulation No 1367/2006/EC (1);










—


Annul the Commission’s Decision of 1 March 2011 (Ares(2011)223668);










—


Instruct the Commission to assess the substance of the request for internal review of 20 December 2010, within a period of time determined by the Court;










—


Order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, alleging that the defendant was under an obligation to carry out the internal review of Directive 2010/77/EU (2), as requested by the applicants, on the ground that the said directive is not of general application, as the defendant stated, but rather an act containing concrete and individual decisions based on individual applications of the producers concerned.










2.


Second plea in law, alleging that the contested decision is contrary to Regulation No 1367/2006/EC as Directive 2010/77/EU contains several administrative acts concerning individual decisions on individual applications. In addition, since the said directive has not been adopted in Commission’s legislative capacity, access to justice concerning such directive should be guaranteed.






(1)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13)

(2)  Commission Directive 2010/77/EU of 10 November 2010 amending Council Directive 91/414/EEC as regards the expiry dates for inclusion in Annex I of certain active substances (OJ 2010 L 293, p. 48)
Prior notification of a concentration (Case COMP/M.6215 — Sun Capital/Polestar UK Print Limited) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-05-04
Institutions: European Commission
Subjects: chemical industry, economic concentration, exchange of information, merger control, printer








C_2011133EN.01001201.xml










4.5.2011   


EN


Official Journal of the European Union


C 133/12





Prior notification of a concentration
(Case COMP/M.6215 — Sun Capital/Polestar UK Print Limited)
Candidate case for simplified procedure
(Text with EEA relevance)
(2011/C 133/06)






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 Sun Capital Partners, Inc (‘Sun Capital’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Polestar UK Print Limited (‘Polestar’, United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Sun Capital: management of private equity investment funds with investments in companies involved in a range of different activities throughout the world,










—


for Polestar: printing and related 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.6215 — Sun Capital/Polestar UK Print Limited, 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’).
Interest rate applied by the European Central Bank to its main refinancing operations: 1,25 % on 1 May 2011 — Euro exchange rates
Date: 2011-05-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate








C_2011133EN.01000101.xml










4.5.2011   


EN


Official Journal of the European Union


C 133/1





Interest rate applied by the European Central Bank to its main refinancing operations (1):
1,25 % on 1 May 2011
Euro exchange rates (2)

3 May 2011
(2011/C 133/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4780




JPY


Japanese yen


119,36




DKK


Danish krone


7,4568




GBP


Pound sterling


0,89695




SEK


Swedish krona


8,9581




CHF


Swiss franc


1,2780




ISK


Iceland króna


 




NOK


Norwegian krone


7,7995




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,172




HUF


Hungarian forint


265,53




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9443




RON


Romanian leu


4,1080




TRY


Turkish lira


2,2642




AUD


Australian dollar


1,3604




CAD


Canadian dollar


1,4096




HKD


Hong Kong dollar


11,4814




NZD


New Zealand dollar


1,8468




SGD


Singapore dollar


1,8156




KRW


South Korean won


1 583,78




ZAR


South African rand


9,8038




CNY


Chinese yuan renminbi


9,6024




HRK


Croatian kuna


7,3804




IDR


Indonesian rupiah


12 640,85




MYR


Malaysian ringgit


4,3978




PHP


Philippine peso


63,415




RUB


Russian rouble


40,4700




THB


Thai baht


44,340




BRL


Brazilian real


2,3533




MXN


Mexican peso


17,1090




INR


Indian rupee


65,7970






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Corrigendum to Council Regulation (EC) No 1062/2009 of 26 October 2009 opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2010 to 2012 and repealing Regulation (EC) No 824/2007 ( OJ L 291, 7.11.2009 )
Date: 2011-05-04
Institutions: Council of the European Union
Subjects: crustacean, fishery product, import, sea fish, suspension of customs duties, tariff quota, third country








L_2011114EN.01000701.xml










4.5.2011   


EN


Official Journal of the European Union


L 114/7







Corrigendum to Council Regulation (EC) No 1062/2009 of 26 October 2009 opening and providing for the management of autonomous Community tariff quotas for certain fishery products for the period 2010 to 2012 and repealing Regulation (EC) No 824/2007
(
Official Journal of the European Union L 291 of 7 November 2009
)

On page 10, Annex, Order No 09.2774, CN code ex 0304 99 51 , third column concerning TARIC code:
for:

               ‘
               10
               ’,
read:

               ‘
               11
               ’;
on page 10, Annex, Order No 09.2762, second column concerning CN code:

               ‘
               ex 0306 21 00 
               ’ shall be inserted;
on page 10, Annex, Order No 09.2762, third column concerning TARIC code:

               ‘
               10
               ’ shall be inserted.
Prior notification of a concentration (Case COMP/M.6203 — Western Digital Ireland, Ltd/Viviti Technologies Ltd)  Text with EEA relevance
Date: 2011-05-04
Institutions: European Commission
Subjects: economic concentration, electronics industry, exchange of information, merger control, new technology








C_2011133EN.01001101.xml










4.5.2011   


EN


Official Journal of the European Union


C 133/11





Prior notification of a concentration
(Case COMP/M.6203 — Western Digital Ireland, Ltd/Viviti Technologies Ltd)
(Text with EEA relevance)
(2011/C 133/05)






1.


On 20 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 Western Digital Corporation (‘WD’, United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Viviti Technologies Ltd (a wholly owned subsidiary of Hitachi, Ltd and formerly known as Hitachi Global Storage Technologies Holdings Ltd., ‘HGST’, Singapore) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for WD: Development, design, manufacturing and sale of hard disk drives (‘HDDs’), solid states drives (‘SSDs’) and media players,










—


for HGST: Development, design, manufacturing and sales of digital storage devices, including HDDs and SSDs.














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.6203 — Western Digital Ireland, Ltd/Viviti Technologies Ltd, 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-54/11: Action brought on 4 May 2011 — ZZ v European Ombudsman
Date: 2011-05-04
Institutions: Civil Service Tribunal
Subjects: European Central Bank, action for annulment, damage, mediator, pension scheme








C_2011204EN.01003002.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/30





Action brought on 4 May 2011 — ZZ v European Ombudsman
(Case F-54/11)
2011/C 204/55
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Ombudsman

Subject-matter and description of the proceedings

Annulment of the decision to apply to the applicant the disciplinary measure of dismissal without loss of pension rights. Consequently, a claim to restore the applicant to his post and, in the alternative, to grant him a sum corresponding to the remuneration which he would have received between the date of effect of the dismissal and the date at which he will reach retirement age. In any event, the grant of a sum to the applicant in respect of the non-material damage suffered.

Form of order sought







—


Annul the disciplinary decision of the European Ombudsman of 20 July 2010 to apply to the applicant the disciplinary measure of dismissal without loss of pension rights;










—


in so far as is necessary, annul the decision of 18 January 2011 expressly rejecting the complaint;




In so far as is necessary:






—


declare that the annulment of the decision to dismiss carries with it the restoration of the applicant, with retroactive effect from the date of effect of the decision to dismiss, to his position as administrator in Grade A5, step 2, and the payment of those financial entitlements due to him for the whole of that period, together with default interest at 2 points above the interest rate of the European Central Bank;










—


in the alternative, order the defendant to pay a sum corresponding to the remuneration that the applicant would have received from the date of effect of his dismissal in August 2010 until the month in which he will reach retirement age, July 2040, and to the applicant’s adjusted pension rights;










—


in any event, order the defendant to pay the sum of EUR 65 000 in respect of the non-material damage suffered by the applicant;










—


order the Ombudsman to pay the costs.
Commission Implementing Regulation (EU) No 434/2011 of 4 May 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-05-04
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, perennial vegetable, pip fruit








L_2011115EN.01001101.xml










5.5.2011   


EN


Official Journal of the European Union


L 115/11








            COMMISSION IMPLEMENTING REGULATION (EU) No 434/2011
of 4 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 5 May 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 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 


36,6 




TN 


109,4 




TR 


82,9 




ZZ 


76,8 




0707 00 05 


TR 


120,3 




ZZ 


120,3 




0709 90 70 


JO 


78,3 




MA 


78,8 




TR 


105,4 




ZZ 


87,5 




0709 90 80 


EC 


33,0 




ZZ 


33,0 




0805 10 20 


EG 


49,1 




IL 


59,9 




MA 


44,1 




TN 


57,6 




TR 


67,8 




ZZ 


55,7 




0805 50 10 


TR 


54,5 




ZZ 


54,5 




0808 10 80 


AR 


96,6 




BR 


76,7 




CL 


80,3 




CN 


112,1 




MA 


86,7 




NZ 


93,2 




US 


127,4 




UY 


51,8 




ZA 


79,7 




ZZ 


89,4 






(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’.
Case T-129/09: Judgment of the General Court of 4 May 2011 — Bongrain v OHIM — apetito (APETITO) (Community trade mark — Opposition proceedings — Application for the Community word mark APETITO — Earlier Community word mark apetito — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2011-05-04
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, infringement of EU law, trade-mark law








C_2011179EN.01001501.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/15





Judgment of the General Court of 4 May 2011 — Bongrain v OHIM — apetito (APETITO)
(Case T-129/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark APETITO - Earlier Community word mark apetito - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 179/26
Language of the case: English

Parties


Applicant: Bongrain SA (Viroflay, France) (represented by: C. Hertz-Eichenrode, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: apetito AG (Rheine, Germany) (represented by: T. Weeg, lawyer)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 720/2008-4) relating to opposition proceedings between apetito AG and Bongrain SA

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Bongrain SA to pay the costs.






(1)  OJ C 141, 20.6.2009.