do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6297 — Sealed Air/DHI)  Text with EEA relevance
Date: 2011-08-10
Institutions: European Commission
Subjects: economic concentration, industrial research, merger control, packaging








C_2011234EN.01000101.xml










10.8.2011   


EN


Official Journal of the European Union


C 234/1





Non-opposition to a notified concentration
(Case COMP/M.6297 — Sealed Air/DHI)
(Text with EEA relevance)
2011/C 234/01
On 2 August 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 32011M6297. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6210 — VFE Commerce/CDC/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-08-10
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, public service, rail transport








C_2011234EN.01000501.xml










10.8.2011   


EN


Official Journal of the European Union


C 234/5





Prior notification of a concentration
(Case COMP/M.6210 — VFE Commerce/CDC/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 234/07






1.


On 2 August 2011, the Commission received notification pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) of a proposed concentration by which the undertakings VFE Commerce, controlled by SNCF (France), and Caisse des Dépôts et Consignation (‘CDC’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


VFE Commerce and SNCF: rail passenger and freight transport services and management of the French railway infrastructure,










—


CDC: tasks of general interest consisting in (i) managing private funds for which public authorities wish to provide special protection, and (ii) lending or investing in activities for the public interest. Its activities include personal insurance, transport, real estate and the development of companies and 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.6210 — VFE Commerce/CDC/JV, 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’).
Council Implementing Decision 2011/500/CFSP of 10 August 2011 implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya
Date: 2011-08-10
Institutions: Council of the European Union
Subjects: Libya, arms control, economic sanctions, international sanctions, technology transfer








L_2011206EN.01005301.xml










11.8.2011   


EN


Official Journal of the European Union


L 206/53








            COUNCIL IMPLEMENTING DECISION 2011/500/CFSP
of 10 August 2011
         
implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 8(2) thereof,

Whereas:







(1)


On 28 February 2011, the Council adopted Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya.












(2)


In view of the gravity of the situation in Libya, two additional entities should be included in the list of persons and entities subject to restrictive measures set out in Annex IV to Decision 2011/137/CFSP,





HAS ADOPTED THIS DECISION:



Article 1
The entities listed in the Annex to this Decision shall be added to the list set out in Annex IV to Decision 2011/137/CFSP.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 10 August 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  
            OJ L 58, 3.3.2011, p. 53.




ANNEX

Entities referred to in Article 1










 


Name


Identifying information


Reasons


Date of listing




1.


Al-Sharara Oil Services Company
(a.k.a.: Al Sharara, Al-shahara oil service company, Sharara Oil Service Company, Sharara, Al-Sharara al-Dhahabiya Oil Service Company)







Al-Saqa District, Beside al-Saqa Mosque, Tripoli, Libya




Tel: +218 21362 2163




Fax: +218 21362 2161






Entity acting on behalf of or at the direction of the Qadhafi Regime.


10.8.2011




2.


Organisation for Development of Administrative Centres (ODAC)


www.odac-libya.com


Entity acting on behalf of or at the direction of the Qadhafi Regime and a potential source of funding for the regime. ODAC has facilitated thousands of government funded infrastructure projects.


10.8.2011
Non-opposition to a notified concentration (Case COMP/M.6322 — Carlyle/RAC)  Text with EEA relevance
Date: 2011-08-10
Institutions: European Commission
Subjects: economic concentration, international investment, investment company, merger control








C_2011234EN.01000201.xml










10.8.2011   


EN


Official Journal of the European Union


C 234/2





Non-opposition to a notified concentration
(Case COMP/M.6322 — Carlyle/RAC)
(Text with EEA relevance)
2011/C 234/03
On 3 August 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 32011M6322. EUR-Lex is the on-line access to the European law.
Case C-420/11: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 10 August 2011 — Jutta Leth v Republic of Austria, Land Niederösterreich
Date: 2011-08-10
Institutions: Court of Justice
Subjects: EU environmental policy, economic value, environmental impact, private sector, project evaluation, public sector, real property








C_2011319EN.01001001.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/10





Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 10 August 2011 — Jutta Leth v Republic of Austria, Land Niederösterreich
(Case C-420/11)
2011/C 319/17
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Jutta Leth

Defendants: Republic of Austria, Land Niederösterreich

Question referred

Is Article 3 of Council Directive 85/337/EEC of 27 June 1985, (1) in the version of Council Directive 97/11/EC of 3 March 1997, (2) and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 (3) (‘EIA Directive’) to be interpreted as meaning that






1.


the term ‘material assets’ covers only their substance or also their value;










2.


the environmental impact assessment serves also to protect an individual against pecuniary damage as a result of a decrease in the value of his property?






(1)  Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ 1985 L 175, p. 40.

(2)  Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ 1997 L 73, p. 5.

(3)  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC — Statement by the Commission, OJ 2003 L 156, p. 17.
Non-opposition to a notified concentration (Case COMP/M.6189 — Imerys/Rio Tinto Talc Business)  Text with EEA relevance
Date: 2011-08-10
Institutions: European Commission
Subjects: economic concentration, merger control, mining industry, mining of ore








C_2011234EN.01000102.xml










10.8.2011   


EN


Official Journal of the European Union


C 234/1





Non-opposition to a notified concentration
(Case COMP/M.6189 — Imerys/Rio Tinto Talc Business)
(Text with EEA relevance)
2011/C 234/02
On 7 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 32011M6189. EUR-Lex is the on-line access to the European law.
Initiation of proceedings (Case COMP/M.6166 — Deutsche Börse/NYSE Euronext)  Text with EEA relevance
Date: 2011-08-10
Institutions: European Commission
Subjects: economic concentration, investment company, issue of securities, merger control








C_2011234EN.01000202.xml










10.8.2011   


EN


Official Journal of the European Union


C 234/2





Initiation of proceedings
(Case COMP/M.6166 — Deutsche Börse/NYSE Euronext)
(Text with EEA relevance)
2011/C 234/04
On 4 August 2011, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the common market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 22967244) or by post, under reference COMP/M.6166 — Deutsche Börse/NYSE Euronext, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË
Corrigendum to Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability ( OJ L 327, 24.11.2006 )
Date: 2011-08-10
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, EU relations, aid system, cooperation policy, development aid, foreign policy, stability programme








L_2011205EN.01003801.xml










10.8.2011   


EN


Official Journal of the European Union


L 205/38







Corrigendum to Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability
(
Official Journal of the European Union L 327 of 24 November 2006
)

On page 4, Article 4, introductory wording:
for:


                  ‘The Community shall provide technical and financial assistance in pursuit of the specific aims set out in Article 2(b) in the following areas:’,

read:


                  ‘The Community shall provide technical and financial assistance in pursuit of the specific aims set out in point (b) of Article 1(2) in the following areas:’.
Commission Implementing Regulation (EU) No 808/2011 of 10 August 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-08-10
Institutions: European Commission
Subjects: common organisation of markets, fruit, import (EU), import price, vegetable








L_2011206EN.01004801.xml










11.8.2011   


EN


Official Journal of the European Union


L 206/48








            COMMISSION IMPLEMENTING REGULATION (EU) No 808/2011
of 10 August 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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 11 August 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 August 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 157, 15.6.2011, 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




0707 00 05 


TR 


105,8 




ZZ 


105,8 




0709 90 70 


TR 


128,9 




ZZ 


128,9 




0805 50 10 


AR 


73,7 




TR 


63,0 




UY 


98,8 




ZA 


72,4 




ZZ 


77,0 




0806 10 10 


EG 


150,8 




MA 


187,2 




TR 


166,4 




ZZ 


168,1 




0808 10 80 


AR 


114,4 




BR 


63,1 




CL 


86,0 




CN 


56,0 




NZ 


102,2 




US 


121,3 




ZA 


88,7 




ZZ 


90,2 




0808 20 50 


AR 


95,9 




CL 


75,1 




CN 


49,3 




NZ 


108,0 




ZA 


96,2 




ZZ 


84,9 




0809 30 


TR 


126,5 




ZZ 


126,5 




0809 40 05 


BA 


50,1 




XS 


57,7 




ZZ 


53,9 






(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’.
Council Implementing Regulation (EU) No 804/2011 of 10 August 2011 implementing Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Date: 2011-08-10
Institutions: Council of the European Union
Subjects: Libya, arms control, economic sanctions, international sanctions, technology transfer








L_2011206EN.01001901.xml










11.8.2011   


EN


Official Journal of the European Union


L 206/19








            COUNCIL IMPLEMENTING REGULATION (EU) No 804/2011
of 10 August 2011
         
implementing Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 16(2) thereof,

Whereas:







(1)


On 2 March 2011, the Council adopted Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.












(2)


In view of the gravity of the situation in Libya and in accordance with Council Implementing Decision 2011/500/CFSP of 10 August 2011 implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (2), two additional entities should be included in the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex III to Regulation (EU) No 204/2011,





HAS ADOPTED THIS REGULATION:



Article 1
The entities listed in the Annex to this Regulation shall be added to the list set out in Annex III to Regulation (EU) No 204/2011.


Article 2
This Regulation shall enter into force on the day of 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, 10 August 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  
            OJ L 58, 3.3.2011, p. 1.

(2)  See page 53 of this Official Journal.




ANNEX

Entities referred to in Article 1










 


Name


Identifying information


Reasons


Date of listing




1.


Al-Sharara Oil Services Company
(a.k.a.: Al Sharara, Al-shahara oil service company, Sharara Oil Service Company, Sharara, Al-Sharara al-Dhahabiya Oil Service Company)







Al-Saqa District, Beside al-Saqa Mosque, Tripoli, Libya




Tel: +218 21362 2163




Fax: +218 21362 2161






Entity acting on behalf of or at the direction of the Qadhafi Regime.


10.8.2011




2.


Organisation for Development of Administrative Centres (ODAC)


www.odac-libya.com


Entity acting on behalf of or at the direction of the Qadhafi Regime and a potential source of funding for the regime. ODAC has facilitated thousands of government funded infrastructure projects.


10.8.2011
Case C-417/11 P: Appeal brought on 10 August 2011 by the Council of the European Union against the judgment of the General Court (Fifth Chamber, extended composition) delivered on 8 June 2011 in Case T-86/11 Bamba v Council
Date: 2011-08-10
Institutions: Court of Justice
Subjects: Côte d'Ivoire, human rights, international sanctions








C_2011311EN.01002101.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/21





Appeal brought on 10 August 2011 by the Council of the European Union against the judgment of the General Court (Fifth Chamber, extended composition) delivered on 8 June 2011 in Case T-86/11 Bamba v Council
(Case C-417/11 P)
2011/C 311/35
Language of the case: French

Parties


Appellant: Council of the European Union (represented by: M. Bishop, B. Driessen and E. Dumitriu-Segnana, Agents)

Other parties to the proceedings: Nadiany Bamba, European Commission

Form of order sought

The Council claims that the Court should:






—


set aside the judgment delivered on 8 June 2011 by the General Court (Fifth Chamber, extended composition) in Case T-86/11 Bamba v Council;










—


give final judgment in the matters that are the subject of the present appeal and dismiss the application by Ms Nadiany Bamba as unfounded; and










—


order Ms Nadiany Bamba to pay the costs incurred by the Council at first instance and in connection with the present appeal.





Pleas in law and main arguments

The Council puts forward two pleas in law in support of its appeal.
The appellant’s main plea is that the reasoning provided in the contested measures meets the requirements of Article 296 TFEU and, consequently, the General Court erred in law in ruling that the contested measures are vitiated by an inadequate statement of reasons. The Council provided in the recitals in the preambles to the contested measures a detailed description of the particularly serious situation in Côte d’Ivoire which justified the measures taken against certain persons and entities. Moreover, the Council clearly stated the reasons why it considers that Ms Nadiany Bamba should be subject to the restrictive measures concerned.
In the alternative, the Council claims that the General Court erred in law in failing to take into account, in its assessment of whether the obligation to state reasons had been complied with, the context, which is well known to Ms Nadiany Bamba, in which the contested measures were adopted.
Case C-419/11: Reference for a preliminary ruling from the Městský soud v Praze (Czech Republic) lodged on 10 August 2011 — Česká spořitelna, a.s. v Gerald Feichter
Date: 2011-08-10
Institutions: Court of Justice
Subjects: commercial contract, consumer protection, negotiable instrument








C_2011311EN.01002102.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/21





Reference for a preliminary ruling from the Městský soud v Praze (Czech Republic) lodged on 10 August 2011 — Česká spořitelna, a.s. v Gerald Feichter
(Case C-419/11)
2011/C 311/36
Language of the case: Czech

Referring court

Městský soud v Praze

Parties to the main proceedings


Applicant: Česká spořitelna, a.s.

Defendant: Gerald Feichter

Questions referred







1.


May the concept of matters concerning a contract concluded by a consumer for a purpose which can be regarded as being outside his trade or profession in Article 15(1) of Council Regulation (EC) No 44/2001 (1) be interpreted as extending also to claims under a promissory note issued in incomplete form brought by the payee against the giver of the aval for the maker of the note?










2.


Whether the answer to the first question is affirmative or negative, may the concept of claims relating to a contract in Article 5(1)(a) of Council Regulation (EC) No 44/2001 be interpreted in such a way that, having regard exclusively to the content of the document as such, it extends also to claims under a promissory note issued in incomplete form brought by the payee against the giver of the aval for the maker of the note?






(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; OJ 2001 L 12, p. 1.