do-me/EUR-LEX huggingface dataset:
Case T-455/11 P: Appeal brought on 11 August 2011 by Europol against the judgment of the Civil Service Tribunal of 26 May 2011 in Case F-83/09 Kalmár v Europol
Date: 2011-08-11
Institutions: General Court
Subjects: European official, Europol, action by staff, dismissal, indemnification








C_2011290EN.01001901.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/19





Appeal brought on 11 August 2011 by Europol against the judgment of the Civil Service Tribunal of 26 May 2011 in Case F-83/09 Kalmár v Europol
(Case T-455/11 P)
2011/C 290/27
Language of the case: Dutch

Parties


Appellant: Europol (represented by: D. Neumann, D. El Khoury and J. Arnould, Agents, and by D. Waelbroeck and E. Antypas, lawyers)

Other party to the proceedings: Andreas Kalmár (The Hague, Netherlands)

Form of order sought by the appellant

The appellant claims that the Court should:






—


set aside the judgment under appeal and give a ruling on the substance of this case, in so far as the Civil Service Tribunal






(a)


annulled Europol’s decision of 4 February 2009 whereby the Director of Europol terminated Mr Kalmár’s fixed-term contract, the decision of 24 February 2009 whereby the Director of Europol relieved him of the duty to serve his period of notice, and the decision of 18 July 2009 rejecting his complaint;










(b)


ordered Europol to pay damages of EUR 5 000 to Mr Kalmár; and










(c)


ordered Europol to pay all the costs;














—


order the respondent to pay all the costs of the proceedings at first instance and the costs incurred by him on appeal;





Pleas in law and main arguments

In support of the appeal, the appellant relies on six pleas in law.






1.


First plea in law, alleging infringement of the prohibition on ruling ultra petita and of the rights of the defence. In the appellant’s submission, the Civil Service Tribunal carried out an examination on the basis of complaints other than those put forward by the respondent.










2.


Second plea in law, alleging an error of law in the assessment of the lawfulness of the contested decisions. The Civil Service Tribunal erred in its application inter alia of the duty of care and of the obligation to state reasons.










3.


Third plea in law, alleging an error of law by the Civil Service Tribunal as regards the subject of the application for annulment. In the appellant’s submission, the Civil Service Tribunal ought to have classified the decision of 18 July 2009 as a decision having an adverse effect which is also subject to judicial review.










4.


Fourth plea in law, alleging numerous errors in the judgment of the Civil Service Tribunal according to which Europol ‘did not’ or ‘did not carefully’ take account of certain ‘relevant and non-negligible facts’ when taking the dismissal decision.










5.


Fifth plea in law, alleging that the contested decision was insufficiently reasoned.










6.


Sixth plea in law, alleging incorrect award of damages.
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Estonia (Articles 107 to 109 of the Treaty on the Functioning of the European Union) — Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification — State aid C SA.30531 (11/C) (ex N 78/10) — Aid for Capacity Payments for Oil-Shale Fuelled Electricity Production  Text with EEA relevance
Date: 2011-08-11
Institutions: European Commission
Subjects: Estonia, State aid, aid to undertakings, control of State aid








C_2011235EN.01000801.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/8





DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE
State aid — Estonia
(Articles 107 to 109 of the Treaty on the Functioning of the European Union)
Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification
State aid C SA.30531 (11/C) (ex N 78/10) — Aid for Capacity Payments for Oil-Shale Fuelled Electricity Production
(Text with EEA relevance)
2011/C 235/09
The Commission has decided to close the formal investigation procedure under Article 108(2) TFEU, initiated on 23 March 2011 in respect of the measure referred to above, recording that Estonia has withdrawn its notification on 23 May 2011.
Commission Regulation (EU) No 817/2011 of 11 August 2011 establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of France
Date: 2011-08-11
Institutions: European Commission
Subjects: EU waters, France, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2011209EN.01001201.xml










17.8.2011   


EN


Official Journal of the European Union


L 209/12








            COMMISSION REGULATION (EU) No 817/2011
of 11 August 2011
         
establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of France


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that 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, 11 August 2011.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 24, 27.1.2011, p. 1.




ANNEX






No


26/T&Q




Member State


France




Stock


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of V, VI and VII




Date


9.7.2011
Prior notification of a concentration (Case COMP/M.6245 — Liberty Mutual Group/The Irish general business of Quinn Insurance Limited) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-08-11
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control








C_2011235EN.01000901.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/9





Prior notification of a concentration
(Case COMP/M.6245 — Liberty Mutual Group/The Irish general business of Quinn Insurance Limited)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 235/10






1.


On 29 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 Liberty Mutual Direct Insurance Company Limited (‘Liberty’, Ireland) belonging to the US group Liberty Mutual (Liberty Group) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Republic of Ireland general insurance business (‘ROI general insurance business’) of Quinn Insurance Limited (QIL) by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for Liberty Group: a property and casualty insurer, providing a wide range of insurance product and services, including motor, property, general liability, workers compensation, commercial multiple peril, global specialty, group disability, assumed reinsurance and surety in the US and other countries of the world,










—


ROI general insurance business: Republic of Ireland general insurance business, excluding health and life insurance business of QIL and certain other assets and liabilities.














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.6245 — Liberty Mutual Group/The Irish general business of Quinn Insurance 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’).
Notice for the attention of the entity to which restrictive measures provided for in Council Decision 2011/137/CFSP, as implemented by Council Implementing Decision 2011/500/CFSP, and in Council Regulation (EU) No 204/2011, as implemented by Council Implementing Regulation (EU) No 804/2011 concerning restrictive measures in view of the situation in Libya apply
Date: 2011-08-11
Institutions: Council of the European Union
Subjects: Libya, economic sanctions, international sanctions, restriction of liberty, trade restriction








C_2011235EN.01000301.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/3





Notice for the attention of the entity to which restrictive measures provided for in Council Decision 2011/137/CFSP, as implemented by Council Implementing Decision 2011/500/CFSP, and in Council Regulation (EU) No 204/2011, as implemented by Council Implementing Regulation (EU) No 804/2011 concerning restrictive measures in view of the situation in Libya apply
2011/C 235/05
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the entity that appears in the Annex IV to Council Decision 2011/137/CFSP, as implemented by Council Implementing Decision 2011/500/CFSP (1), and in Annex III to Council Regulation (EU) No 204/2011, as implemented by Council Implementing Regulation (EU) No 804/2011 (2) concerning restrictive measures in view of the situation in Libya.
The Council of the European Union has decided that the entity that appears in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Council Decision 2011/137/CFSP and in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya. The grounds for designations of those entities appear in the relevant entries in those Annexes.
The attention of the entity concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex IV to Council Regulation (EU) No 204/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The entity concerned may submit a request to the Council, together with supporting documentation, that the decision to include it in the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG K Coordination




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the entity concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2 paragraph, and Article 263, 4 and 6 paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 206, 11.8.2011, p. 53.

(2)  OJ L 206, 11.8.2011, p. 19.
Euro exchange rates
Date: 2011-08-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2011235EN.01000401.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/4





Euro exchange rates (1)

10 August 2011
2011/C 235/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4367




JPY


Japanese yen


109,84




DKK


Danish krone


7,4508




GBP


Pound sterling


0,88430




SEK


Swedish krona


9,2323




CHF


Swiss franc


1,0451




ISK


Iceland króna


 




NOK


Norwegian krone


7,8105




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,088




HUF


Hungarian forint


273,18




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


4,1006




RON


Romanian leu


4,2643




TRY


Turkish lira


2,5171




AUD


Australian dollar


1,3891




CAD


Canadian dollar


1,4133




HKD


Hong Kong dollar


11,2127




NZD


New Zealand dollar


1,7183




SGD


Singapore dollar


1,7452




KRW


South Korean won


1 552,18




ZAR


South African rand


10,2264




CNY


Chinese yuan renminbi


9,2150




HRK


Croatian kuna


7,4430




IDR


Indonesian rupiah


12 258,65




MYR


Malaysian ringgit


4,3202




PHP


Philippine peso


61,070




RUB


Russian rouble


42,1060




THB


Thai baht


42,929




BRL


Brazilian real


2,3012




MXN


Mexican peso


17,4084




INR


Indian rupee


65,0250






(1)  Source: reference exchange rate published by the ECB.
Withdrawal of notification of a concentration (Case COMP/M.6234 — First Reserve Fund XII/Metallum Holding)  Text with EEA relevance
Date: 2011-08-11
Institutions: European Commission
Subjects: economic concentration, energy industry, iron and steel industry, merger control








C_2011235EN.01001001.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/10





Withdrawal of notification of a concentration
(Case COMP/M.6234 — First Reserve Fund XII/Metallum Holding)
(Text with EEA relevance)
2011/C 235/11
(Council Regulation (EC) No 139/2004)
On 15 July 2011, the European Commission received a notification of a proposed concentration between First Reserve Fund XII and Metallum Holding. On 5 August 2011, the notifying party informed the Commission that it withdrew its notification.
Non-opposition to a notified concentration (Case COMP/M.6232 — Allianz/Banco Popular/Popular Gestión)  Text with EEA relevance
Date: 2011-08-11
Institutions: European Commission
Subjects: bank, economic concentration, insurance company, investment company, merger control








C_2011235EN.01000202.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/2





Non-opposition to a notified concentration
(Case COMP/M.6232 — Allianz/Banco Popular/Popular Gestión)
(Text with EEA relevance)
2011/C 235/04
On 1 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 32011M6232. EUR-Lex is the on-line access to the European law.
Commission Implementing Regulation (EU) No 811/2011 of 11 August 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-08-11
Institutions: European Commission
Subjects: common organisation of markets, fruit, import (EU), import price, vegetable








L_2011207EN.01001201.xml










12.8.2011   


EN


Official Journal of the European Union


L 207/12








            COMMISSION IMPLEMENTING REGULATION (EU) No 811/2011
of 11 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 12 August 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 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 


126,8 




ZZ 


126,8 




0805 50 10 


AR 


70,6 




CL 


76,4 




TR 


61,0 




UY 


72,0 




ZA 


76,8 




ZZ 


71,4 




0806 10 10 


EG 


119,5 




MA 


187,2 




TR 


171,9 




ZZ 


159,5 




0808 10 80 


AR 


74,7 




BR 


78,5 




CL 


84,8 




CN 


74,2 




NZ 


104,1 




US 


121,3 




ZA 


87,5 




ZZ 


89,3 




0808 20 50 


AR 


95,9 




CL 


75,1 




CN 


49,3 




NZ 


108,0 




ZA 


117,8 




ZZ 


89,2 




0809 30 


TR 


119,3 




ZZ 


119,3 




0809 40 05 


BA 


48,8 




ZZ 


48,8 






(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’.
Non-opposition to a notified concentration (Case COMP/M.6205 — Eli Lilly/Janssen Pharmaceutica animal health business assets)  Text with EEA relevance
Date: 2011-08-11
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, pharmaceutical product








C_2011235EN.01000101.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/1





Non-opposition to a notified concentration
(Case COMP/M.6205 — Eli Lilly/Janssen Pharmaceutica animal health business assets)
(Text with EEA relevance)
2011/C 235/01
On 6 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 32011M6205. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.6200 — APMM/Bollore/Douala International Terminal JV)  Text with EEA relevance
Date: 2011-08-11
Institutions: European Commission
Subjects: container, economic concentration, merger control, transport market








C_2011235EN.01000201.xml










11.8.2011   


EN


Official Journal of the European Union


C 235/2





Non-opposition to a notified concentration
(Case COMP/M.6200 — APMM/Bollore/Douala International Terminal JV)
(Text with EEA relevance)
2011/C 235/03
On 4 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 32011M6200. EUR-Lex is the on-line access to the European law.