do-me/EUR-LEX huggingface dataset:
Case C-397/09: Judgment of the Court (Third Chamber) of 21 July 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Scheuten Solar Technology GmbH v Finanzamt Gelsenkirchen-Süd (Taxation — Directive 2003/49/EC — Common system of taxation applicable to interest and royalty payments made between associated companies of different Member States — Business tax — Determination of the basis of assessment)
Date: 2011-07-21
Institutions: Court of Justice
Subjects: EU Member State, group of companies, interpretation of the law, restriction on competition, tax, tax system








C_2011269EN.01000502.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/5





Judgment of the Court (Third Chamber) of 21 July 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Scheuten Solar Technology GmbH v Finanzamt Gelsenkirchen-Süd
(Case C-397/09) (1)

(Taxation - Directive 2003/49/EC - Common system of taxation applicable to interest and royalty payments made between associated companies of different Member States - Business tax - Determination of the basis of assessment)
2011/C 269/07
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Scheuten Solar Technology GmbH

Defendant: Finanzamt Gelsenkirchen-Süd

Re:

Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Article 1(1) of Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ 2003 L 157, p. 49) — Whether or not interest payments are included in the basis of assessment to trade tax of the debtor company

Operative part of the judgment

Article 1(1) of Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States must be interpreted as not precluding a provision of national tax law under which loan interest paid by a company established in one Member State to an associated company in another Member State is incorporated into the basis of assessment of the business tax payable by the former company.


(1)  OJ C 312, 19.12.2009.
Non-opposition to a notified concentration (Case COMP/M.6274 — Bridgepoint/Eurazeo/Foncia Groupe)  Text with EEA relevance
Date: 2011-07-21
Institutions: European Commission
Subjects: economic concentration, investment, merger control, tertiary sector








C_2011215EN.01002501.xml










21.7.2011   


EN


Official Journal of the European Union


C 215/25





Non-opposition to a notified concentration
(Case COMP/M.6274 — Bridgepoint/Eurazeo/Foncia Groupe)
(Text with EEA relevance)
2011/C 215/08
On 14 July 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 32011M6274. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6309 — Macquarie Group/Airwave Solutions) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-07-21
Institutions: European Commission
Subjects: economic concentration, merger control, telecommunications industry, tertiary sector








C_2011215EN.01003301.xml










21.7.2011   


EN


Official Journal of the European Union


C 215/33





Prior notification of a concentration
(Case COMP/M.6309 — Macquarie Group/Airwave Solutions)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 215/15






1.


On 13 July 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 MEIF II Luxembourg Holdings Sàrl (‘MEIF II’, Luxembourg) controlled by Macquarie Group Limited (‘Macquarie Group’, Australia) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Airwave Solutions Limited (‘Airwave’, UK) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for MEIF II and Macquarie Group: banking, financial, advisory, investment and funds, management services,










—


for Airwave: mobile information communications technology.














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.6309 — Macquarie Group/Airwave Solutions, 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’).
Euro exchange rates
Date: 2011-07-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2011215EN.01002601.xml










21.7.2011   


EN


Official Journal of the European Union


C 215/26





Euro exchange rates (1)

20 July 2011
2011/C 215/10

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4207




JPY


Japanese yen


112,05




DKK


Danish krone


7,4553




GBP


Pound sterling


0,88065




SEK


Swedish krona


9,1713




CHF


Swiss franc


1,1652




ISK


Iceland króna


 




NOK


Norwegian krone


7,8040




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,498




HUF


Hungarian forint


269,18




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9917




RON


Romanian leu


4,2475




TRY


Turkish lira


2,3575




AUD


Australian dollar


1,3218




CAD


Canadian dollar


1,3451




HKD


Hong Kong dollar


11,0704




NZD


New Zealand dollar


1,6609




SGD


Singapore dollar


1,7247




KRW


South Korean won


1 500,59




ZAR


South African rand


9,8020




CNY


Chinese yuan renminbi


9,1762




HRK


Croatian kuna


7,4575




IDR


Indonesian rupiah


12 130,21




MYR


Malaysian ringgit


4,2585




PHP


Philippine peso


60,690




RUB


Russian rouble


39,7267




THB


Thai baht


42,493




BRL


Brazilian real


2,2206




MXN


Mexican peso


16,5442




INR


Indian rupee


63,1570






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.6265 — CSN/AG Cementos Balboa/Corrugados Azpeitia/Corrugados Lasao/Stahlwerk Thüringen)  Text with EEA relevance
Date: 2011-07-21
Institutions: European Commission
Subjects: economic concentration, merger control, mineral resources, processing industry








C_2011215EN.01002502.xml










21.7.2011   


EN


Official Journal of the European Union


C 215/25





Non-opposition to a notified concentration
(Case COMP/M.6265 — CSN/AG Cementos Balboa/Corrugados Azpeitia/Corrugados Lasao/Stahlwerk Thüringen)
(Text with EEA relevance)
2011/C 215/09
On 14 July 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 32011M6265. EUR-Lex is the on-line access to the European law.
Case C-194/09 P: Judgment of the Court (Second Chamber) of 21 July 2011 — Alcoa Trasformazioni Srl v European Commission (Appeal — State aid — Preferential electricity tariff — Finding that there is no aid — Measure amended and extended — Decision to initiate the procedure under Article 88(2) EC — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(v) — Obligation to state reasons — Principles of legal certainty and the protection of legitimate expectations)
Date: 2011-07-21
Institutions: Court of Justice
Subjects: Central Commission for Navigation on the Rhine, appeal, control of State aid, electrical energy, price of energy, regions of Italy








C_2011269EN.01000301.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/3





Judgment of the Court (Second Chamber) of 21 July 2011 — Alcoa Trasformazioni Srl v European Commission
(Case C-194/09 P) (1)

(Appeal - State aid - Preferential electricity tariff - Finding that there is no aid - Measure amended and extended - Decision to initiate the procedure under Article 88(2) EC - Existing or new aid - Regulation (EC) No 659/1999 - Article 1(b)(v) - Obligation to state reasons - Principles of legal certainty and the protection of legitimate expectations)
2011/C 269/03
Language of the case: English

Parties


Appellant: Alcoa Trasformazioni Srl (represented by: M. Siragusa, avvocato, T. Müller-Ibold and T. Graf, Rechtsanwälte, and F. Salerno, avocat)

Other party to the proceedings: European Commission (represented by: N. Khan, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 25 March 2009 in Case T-332/06 Alcoa Trasformazioni Srl v Commission of the European Communities, by which that court dismissed the action seeking annulment of the Commission’s decision of 19 July 2006 to initiate the procedure laid down in Article 88(2) of the EC Treaty with regard to the extension of the preferential electricity tariff regimes granted to some energy intensive industries in Italy (State Aid C 36/06 (ex NN 38/06)), in so far as it concerns the electricity tariff for the two plants producing aluminium owned by the applicant in Fusina (Veneto) and Portovesme (Sardinia)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Alcoa Trasformazioni Srl to pay the costs.






(1)  OJ C 193, 15.8.2009.