do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6209 — PAI/Kiloutou) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-05-05
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, rental business, venture capital








C_2011135EN.01001501.xml










5.5.2011   


EN


Official Journal of the European Union


C 135/15





Prior notification of a concentration
(Case COMP/M.6209 — PAI/Kiloutou)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 135/09






1.


On 26 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 PAI Partners S.A.S. (‘PAI’, France), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Kiloutou S.A. (‘Kiloutou’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for undertaking PAI: private equity fund,










—


for undertaking Kiloutou: equipment rental.














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.6209 — PAI/Kiloutou, 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’).
Case T-402/09 P: Order of the General Court of 5 May 2011 — Marcuccio v Commission (Appeal — Civil Service — Officials — Rules on insurance against the risk of accident and occupational disease for officials of the European Communities — Procedure for the recognition of the occupational origin of a disease — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2011-05-05
Institutions: General Court
Subjects: Angola, Civil Service Tribunal, Commission Delegation, European official, action for annulment (EU), admissibility, allowances and expenses, interpretation of the law, judicial proceedings, psychological harassment








C_2011186EN.01002601.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/26





Order of the General Court of 5 May 2011 — Marcuccio v Commission
(Case T-402/09 P) (1)

(Appeal - Civil Service - Officials - Rules on insurance against the risk of accident and occupational disease for officials of the European Communities - Procedure for the recognition of the occupational origin of a disease - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2011/C 186/48
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis Kayser, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal (First Chamber) of 20 July 2009 in Case F-86/07 Marcuccio v Commission, not published in the ECR, seeking the annulment of that order.

Operative part of the order







1.


The appeal is dismissed in part as manifestly inadmissible and in part as manifestly unfounded.










2.


Mr Luigi Marcuccio is ordered, in addition to bearing his own costs, to pay the costs incurred by the European Commission in the appeal.






(1)  OJ C 297, 5.12.2009.
Commission Implementing Regulation (EU) No 435/2011 of 5 May 2011 amending Regulation (EC) No 951/2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council
Date: 2011-05-05
Institutions: European Commission
Subjects: EU financial instrument, EU financing, EU programme, European neighbourhood policy, cooperation policy, cross-border cooperation, project management








L_2011118EN.01000101.xml










6.5.2011   


EN


Official Journal of the European Union


L 118/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 435/2011
of 5 May 2011
         
amending Regulation (EC) No 951/2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (1), and in particular Article 11(1) thereof,

Whereas:







(1)


The Commission has adopted Regulation (EC) No 951/2007 of 9 August 2007 laying down implementing rules for cross-border cooperation programmes financed under Regulation (EC) No 1638/2006 of the European Parliament and of the Council laying down general provisions establishing a European Neighbourhood and Partnership Instrument (2).












(2)


Given the delayed start of the European Neighbourhood and Partnership Instrument cross-border cooperation programmes, a one-year extension of the implementation phase for projects would enable the programmes to respect the work programmes and complete the implementation of large scale projects.












(3)


Regulation (EC) No 951/2007 should therefore be amended accordingly.












(4)


The measures provided in this Regulation are in accordance with the opinion of the Committee established by Regulation (EC) No 1638/2006,





HAS ADOPTED THIS REGULATION:



Article 1
In Article 43(2) of Regulation (EC) No 951/2007, subparagraph (b) is replaced by the following:






‘(b)


an implementation phase for projects financed by the joint operational programme starting at the same time as the implementation phase for the programme and ending on 31 December 2015 at the latest. All activities of projects financed by the programme shall end by that date at the latest.’.






Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 May 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 310, 9.11.2006, p. 1.

(2)  
            OJ L 210, 10.8.2007, p. 10.
Case T-204/09: Judgment of the General Court of 5 May 2011 — Olymp Bezner v OHIM — Bellido (OLYMP) (Community trade mark — Opposition proceedings — Application for the Community figurative mark OLYMP — Earlier national figurative mark OLIMPO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2011-05-05
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), infringement of EU law, trade-mark law








C_2011186EN.01002101.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/21





Judgment of the General Court of 5 May 2011 — Olymp Bezner v OHIM — Bellido (OLYMP)
(Case T-204/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark OLYMP - Earlier national figurative mark OLIMPO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 186/38
Language of the case: English

Parties


Applicant: Olymp Bezner GmbH & Co. KG (Bietigheim-Bissingen, Germany) (represented by: M. Eck and J. Dönch, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Miguel Bellido, SA (Manzanares, Spain)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 598/2008-2) relating to opposition proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Olymp Bezner GmbH & Co. KG to pay the costs.






(1)  OJ C 167, 18.7.2009.
Case T-461/09: Judgment of the General Court of 5 May 2011 — CheapFlights International v OHIM — Cheapflights (Cheapflights with a black aeroplane) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Cheapflights with a black aeroplane — Earlier international figurative mark CheapFlights — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-05-05
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information processing, information technology industry, trade-mark law, travel








C_2011186EN.01002202.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/22





Judgment of the General Court of 5 May 2011 — CheapFlights International v OHIM — Cheapflights (Cheapflights with a black aeroplane)
(Case T-461/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Cheapflights with a black aeroplane - Earlier international figurative mark CheapFlights - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 186/41
Language of the case: English

Parties


Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cheapflights Ltd (London, United Kingdom) (represented by: M. Edenborough, QC)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 August 2009 (Case R 1607/2007-4), relating to opposition proceedings between CheapFlights International Ltd and Cheapflights Ltd

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 August 2009 (Case R 1607/2007-4);










2.


Dismisses the action as to the remainder;










3.


Orders OHIM and Cheapflights Ltd to pay the costs including those incurred by CheapFlights International Ltd in the proceedings before the Board of Appeal.






(1)  OJ C 24, 30.1.2010.
Euro exchange rates
Date: 2011-05-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2011135EN.01000201.xml










5.5.2011   


EN


Official Journal of the European Union


C 135/2





Euro exchange rates (1)

4 May 2011
2011/C 135/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4882




JPY


Japanese yen


120,62




DKK


Danish krone


7,4568




GBP


Pound sterling


0,89990




SEK


Swedish krona


9,0105




CHF


Swiss franc


1,2826




ISK


Iceland króna


 




NOK


Norwegian krone


7,8710




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,209




HUF


Hungarian forint


264,68




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7095




PLN


Polish zloty


3,9366




RON


Romanian leu


4,1100




TRY


Turkish lira


2,2877




AUD


Australian dollar


1,3727




CAD


Canadian dollar


1,4175




HKD


Hong Kong dollar


11,5623




NZD


New Zealand dollar


1,8780




SGD


Singapore dollar


1,8265




KRW


South Korean won


1 596,48




ZAR


South African rand


9,8817




CNY


Chinese yuan renminbi


9,6636




HRK


Croatian kuna


7,3815




IDR


Indonesian rupiah


12 727,06




MYR


Malaysian ringgit


4,4304




PHP


Philippine peso


63,864




RUB


Russian rouble


40,5300




THB


Thai baht


44,601




BRL


Brazilian real


2,3579




MXN


Mexican peso


17,2174




INR


Indian rupee


66,1800






(1)  Source: reference exchange rate published by the ECB.
Case C-267/09: Judgment of the Court (Fourth Chamber) of 5 May 2011 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Free movement of capital — Articles 56 EC and 40 of the EEA Agreement — Restrictions — Direct taxation — Non-resident taxpayers — Obligation to appoint a tax representative)
Date: 2011-05-05
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, disclosure of information, exchange of information, free movement of capital, free movement of persons, residence, tax system








C_2011186EN.01000202.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/2





Judgment of the Court (Fourth Chamber) of 5 May 2011 — European Commission v Portuguese Republic
(Case C-267/09) (1)

(Failure of a Member State to fulfil obligations - Free movement of capital - Articles 56 EC and 40 of the EEA Agreement - Restrictions - Direct taxation - Non-resident taxpayers - Obligation to appoint a tax representative)
2011/C 186/03
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: R. Lyal and G. Braga da Cruz, Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent)

Intervener in support of the defendant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 18 EC and 56 EC — Obligation on non-resident taxpayers to appoint a tax representative

Operative part of the judgment

The Court:






1.


Declares that by adopting and maintaining in force Article 130 of the Personal Income Tax Code (Código do Imposto sobre o Rendimento das Pessoas Singulares), which requires non-residents to appoint a tax representative in Portugal if they are in receipt of income requiring the submission of a tax return, the Portuguese Republic has failed to fulfil its obligations under Article 56 EC;










2.


Dismisses the action as to the remainder;










3.


Orders the Portuguese Republic to pay three-quarters of the costs. Orders the Commission to pay the remaining quarter;










4.


Orders the Kingdom of Spain to pay its own costs.






(1)  OJ C 220, 12.9.2009.
Case C-249/09: Judgment of the Court (Third Chamber) of 5 May 2011 (reference for a preliminary ruling from the Tartu ringkonnakohus — Estonia) — Novo Nordisk AS v Ravimiamet (Medicinal products for human use — Directive 2001/83/EC — Advertising — Medical journal — Information not included in the summary of product characteristics)
Date: 2011-05-05
Institutions: Court of Justice
Subjects: Central Estonia, consumer information, interpretation of the law, medicinal product, scientific press








C_2011186EN.01000201.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/2





Judgment of the Court (Third Chamber) of 5 May 2011 (reference for a preliminary ruling from the Tartu ringkonnakohus — Estonia) — Novo Nordisk AS v Ravimiamet
(Case C-249/09) (1)

(Medicinal products for human use - Directive 2001/83/EC - Advertising - Medical journal - Information not included in the summary of product characteristics)
2011/C 186/02
Language of the case: Estonian

Referring court

Tartu ringkonnakohus

Parties to the main proceedings


Applicant: Novo Nordisk AS

Defendant: Ravimiamet

Re:

Reference for a preliminary ruling — Tartu Ringkonnakohus — Interpretation of Article 87(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67) — Advertisements for medicinal products published in a medical journal and directed to persons qualified to prescribe medicines — Whether information not limited to that contained in the summary of product characteristics may be included in such advertisements

Operative part of the judgment







1.


Article 87(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, must be interpreted as extending also to quotations taken from medical journals or other scientific works which are included in advertisements for medicinal products directed at persons qualified to prescribe or supply medicines;










2.


Article 87(2) of Directive 2001/83, as amended by Directive 2004/27, must be interpreted as prohibiting the publication in advertising medicinal products directed at persons qualified to prescribe or supply them, of claims which conflict with the summary of product characteristics, but it does not require that all the claims in such advertisements are included in that summary or can be derived from it. Such advertisements may include claims supplementing the information referred to in Article 11 of that directive, provided that those claims:






—


confirm or clarify — and are compatible with — that information, and do not distort it, and










—


are consistent with the requirements of Articles 87(3) and 92(2) and (3) of that directive.










(1)  OJ C 220, 12.9.2009.