do-me/EUR-LEX huggingface dataset:
Case C-438/11: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 26 August 2011 — Lagura Vermögensverwaltungs GmbH v Hauptzollamt Hamburg-Hafen
Date: 2011-08-26
Institutions: Court of Justice
Subjects: customs regulations, customs territory (EU), customs union, export








C_2011347EN.01000801.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/8





Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 26 August 2011 — Lagura Vermögensverwaltungs GmbH v Hauptzollamt Hamburg-Hafen
(Case C-438/11)
2011/C 347/12
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: Lagura Vermögensverwaltungs GmbH

Defendant: Hauptzollamt Hamburg-Hafen

Question referred

In the circumstances of the main proceedings, in which the authority of the third country can no longer verify whether the certificate issued by it is based on a correct account of the facts, is the person liable for payment to be denied the protection of legitimate expectations provided for in the second and third subparagraphs of Article 220(2)(b) of the Community Customs Code (1) where the circumstances on account of which it is impossible to clarify whether the content of the certificate of origin is correct fall within the sphere of control of the exporter, or is the transfer of the burden of proof, in the context of the third subparagraph of Article 220(2)(b) of the Customs Code, from the customs authority to the person liable for payment subject only, or rather, to the condition that clarification is impossible because it is outside the control of the authority in the exporting country or caused by the negligence of the exporter alone?


(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) in the version as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16 November 2000 (OJ 2000 L 311, p. 17).
Information communicated by Member States regarding closure of fisheries
Date: 2011-08-26
Institutions: European Commission
Subjects: EU waters, Portugal, catch of fish, catch quota, common fisheries policy, sea fish








C_2011249EN.01000801.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/8





Information communicated by Member States regarding closure of fisheries
2011/C 249/08
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.6.2011




Duration


10.6.2011-31.12.2011




Member State


Portugal




Stock or Group of stocks


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


734368




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Case C-441/11 P: Appeal brought on 26 August 2011 by the European Commission against the judgment delivered by the General Court (Eighth Chamber) on 16 June 2011 in Case T-210/08 Verhuizingen Coppens NV v European Commission
Date: 2011-08-26
Institutions: Court of Justice
Subjects: equal treatment, fixing of prices, market-sharing agreement, restriction on competition








C_2011331EN.01001101.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/11





Appeal brought on 26 August 2011 by the European Commission against the judgment delivered by the General Court (Eighth Chamber) on 16 June 2011 in Case T-210/08 Verhuizingen Coppens NV v European Commission
(Case C-441/11 P)
2011/C 331/18
Language of the case: Dutch

Parties


Appellant: European Commission (represented by: A. Bouquet, S. Noë and F. Ronkes Agerbeek, Agents)

Other party to the proceedings: Verhuizingen Coppens NV

Form of order sought







—


Set aside the judgment of the General Court of the European Union of 16 June 2011 in Case T-210/08 Verhuizingen Coppens v Commission;










—


dismiss the application for annulment or annul only Article 1(i) of Decision C(2008) 926 final relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.543 — International Removal Services) in so far as it holds Verhuizingen Coppens NV liable for the agreement on commissions;










—


set the level of the fine at such amount as the Court of Justice considers appropriate;










—


order Verhuizingen Coppens NV to pay the costs of the appeal and such proportion of the costs of the proceedings before the General Court as the Court of Justice considers appropriate.





Pleas in law and main arguments

The Commission takes the view that the General Court infringed the law, in particular Articles 263 TFEU and 264 TFEU and the principle of proportionality, by annulling in its entirety the Commission’s decision holding Coppens liable for a single continuous infringement consisting, during the relevant period, of an agreement on commissions and an agreement on cover quotes, on the grounds that it had not been proved that Coppens was or must have been aware of the agreements on commissions. Moreover, in the interests of the proper administration of justice and the effective enforcement of the European Union’s competition rules the General Court could have annulled the decision at issue only in so far as Coppens was held liable for the agreement on commissions, since annulment of the whole decision means that Coppens’ participation in the agreement on cover quotes remains unpunished, unless the Commission adopts a further decision relating to that part of the original infringement. That could, however, lead to an undesirable duplication of administrative and judicial proceedings and might even contravene the principle ne bis in idem.
Case C-436/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 26 August 2011 — Sandra Schüsslbauer, Martin Schüsslbauer, Maximilian Schüsslbauer v Iberia Lineas Aéreas de España SA
Date: 2011-08-26
Institutions: Court of Justice
Subjects: air transport, indemnification, traveller








C_2011331EN.01001001.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/10





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 26 August 2011 — Sandra Schüsslbauer, Martin Schüsslbauer, Maximilian Schüsslbauer v Iberia Lineas Aéreas de España SA
(Case C-436/11)
2011/C 331/15
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicants: Sandra Schüsslbauer, Martin Schüsslbauer, Maximilian Schüsslbauer

Defendant: Iberia Lineas Aéreas de España SA

Question referred

Does a passenger have a right to compensation under Article 7 of Regulation No 261/2004 (1) in the case where departure was delayed for a period of time less than the limits specified in Article 6(1) of that regulation, but arrival at the final destination was at least three hours later than the scheduled arrival time?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Euro exchange rates
Date: 2011-08-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2011249EN.01000401.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/4





Euro exchange rates (1)

25 August 2011
2011/C 249/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4424




JPY


Japanese yen


111,31




DKK


Danish krone


7,4496




GBP


Pound sterling


0,88120




SEK


Swedish krona


9,1099




CHF


Swiss franc


1,1466




ISK


Iceland króna


 




NOK


Norwegian krone


7,7880




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,240




HUF


Hungarian forint


272,40




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7096




PLN


Polish zloty


4,1528




RON


Romanian leu


4,2520




TRY


Turkish lira


2,5396




AUD


Australian dollar


1,3750




CAD


Canadian dollar


1,4219




HKD


Hong Kong dollar


11,2447




NZD


New Zealand dollar


1,7335




SGD


Singapore dollar


1,7424




KRW


South Korean won


1 563,88




ZAR


South African rand


10,4029




CNY


Chinese yuan renminbi


9,2169




HRK


Croatian kuna


7,4780




IDR


Indonesian rupiah


12 398,41




MYR


Malaysian ringgit


4,3128




PHP


Philippine peso


61,318




RUB


Russian rouble


41,5965




THB


Thai baht


43,258




BRL


Brazilian real


2,3273




MXN


Mexican peso


17,9413




INR


Indian rupee


66,4150






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding closure of fisheries
Date: 2011-08-26
Institutions: European Commission
Subjects: EU waters, Netherlands, catch of fish, catch quota, common fisheries policy, sea fish








C_2011249EN.01000901.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/9





Information communicated by Member States regarding closure of fisheries
2011/C 249/09
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


18.7.2011




Duration


18.7.2011-31.12.2011




Member State


The Netherlands




Stock or Group of stocks


COD/07D.




Species


Cod (Gadus morhua)




Zone


VIId




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case COMP/M.6150 — Veolia Transport/Trenitalia/JV)  Text with EEA relevance
Date: 2011-08-26
Institutions: European Commission
Subjects: economic concentration, merger control, transport market








C_2011249EN.01000301.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/3





Non-opposition to a notified concentration
(Case COMP/M.6150 — Veolia Transport/Trenitalia/JV)
(Text with EEA relevance)
2011/C 249/02
On 20 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 32011M6150. EUR-Lex is the on-line access to the European law.
Case C-442/11: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 26 August 2011 — Novartis AG v Actavis UK Ltd
Date: 2011-08-26
Institutions: Court of Justice
Subjects: drug surveillance, medicinal product, supplementary trade mechanism








C_2011311EN.01002701.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/27





Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 26 August 2011 — Novartis AG v Actavis UK Ltd
(Case C-442/11)
2011/C 311/44
Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings


Applicant: Novartis AG

Defendant: Actavis UK Ltd

Questions referred

Where a supplementary protection certificate has been granted for a product as defined by Regulation (EC) No 469/2009 (1) for an active ingredient, are the rights conferred by that certificate pursuant to Article 5 of the Regulation in respect of the subject matter as defined in Article 4 of the Regulation infringed:






(i)


by a medicinal product that contains that active ingredient (in this case valsartan) in combination with one or more other active ingredients (in this case hydrochlorothiazide); or










(ii)


only by a medicinal product that contains that active ingredient (in this case valsartan) as the sole active ingredient?






(1)  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products
OJ L 152, p. 1
Information communicated by Member States regarding closure of fisheries
Date: 2011-08-26
Institutions: European Commission
Subjects: EU waters, Netherlands, catch of fish, catch quota, common fisheries policy, sea fish








C_2011249EN.01000601.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/6





Information communicated by Member States regarding closure of fisheries
2011/C 249/06
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


18.7.2011




Duration


18.7.2011-31.12.2011




Member State


The Netherlands




Stock or Group of stocks


SRX/2AC4-C




Species


Skates and rays (Rajidae)




Zone


EU waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case COMP/M.6326 — Stanley Black & Decker/Niscayah Group)  Text with EEA relevance
Date: 2011-08-26
Institutions: European Commission
Subjects: economic concentration, machine-tool industry, merger control, security services








C_2011249EN.01000302.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/3





Non-opposition to a notified concentration
(Case COMP/M.6326 — Stanley Black & Decker/Niscayah Group)
(Text with EEA relevance)
2011/C 249/03
On 23 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 32011M6326. EUR-Lex is the on-line access to the European law.
Case C-437/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 26 August 2011 — Ekkerhard Schauß v Transportes Aéreos Portugueses SA
Date: 2011-08-26
Institutions: Court of Justice
Subjects: air transport, indemnification, traveller








C_2011331EN.01001002.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/10





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 26 August 2011 — Ekkerhard Schauß v Transportes Aéreos Portugueses SA
(Case C-437/11)
2011/C 331/16
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Ekkerhard Schauß

Defendant: Transportes Aéreos Portugueses SA

Question referred

Does a passenger have a right to compensation under Article 7 of Regulation (EC) No 261/2004 (1) in the case where departure was delayed for a period of time less than the limits specified in Article 6(1) of that regulation, but arrival at the final destination was at least three hours later than the scheduled arrival time?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Case F-83/11: Action brought on 26 August 2011 — ZZ v Commission
Date: 2011-08-26
Institutions: Civil Service Tribunal
Subjects: EPSO, admission to examinations, assistant, competition (EU), damages








C_2011340EN.01004103.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/41





Action brought on 26 August 2011 — ZZ v Commission
(Case F-83/11)
2011/C 340/86
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the president of the selection board for competition EPSO/AST/112/10 — Assistants (AST3) not to admit the applicant to the assessment tests.

Form of order sought







—


Principally:






—


annul the decision adopted on 17 May 2011 refusing to permit the applicant to take part in the assessment tests for competition EPSO/AST/112/10 — Assistants in grade AST3;










—


consequently, declare that the applicant must be reinstated in the recruitment procedure put in place by that competition, if necessary, by holding fresh assessment tests.














—


In the alternative, if the principal application is not granted, quod non, pay the applicant an amount to be fixed provisionally and ex aequo et bono at EUR 2 000 by way of compensation for material damage suffered, with interest for delayed payment at the legal rate from the date of delivery of the judgment in the present case;










—


In any event, pay the applicant an amount to be fixed provisionally and ex aequo et bono at EUR 2 000 by way of compensation for non-material damage suffered, with interest for delayed payment at the legal rate from the date of delivery of the judgment in the present case;










—


Order the Commission to pay the costs.
Information communicated by Member States regarding closure of fisheries
Date: 2011-08-26
Institutions: European Commission
Subjects: EU waters, Netherlands, catch of fish, catch quota, common fisheries policy, sea fish








C_2011249EN.01000701.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/7





Information communicated by Member States regarding closure of fisheries
2011/C 249/07
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


18.7.2011




Duration


18.7.2011-31.12.2011




Member State


The Netherlands




Stock or Group of stocks


COD/7XAD34




Species


Cod (Gadus morhua)




Zone


VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Prior notification of a concentration (Case COMP/M.6349 — Mothershon/Cross Industries/Peguform/Wethje) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-08-26
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2011249EN.01001101.xml










26.8.2011   


EN


Official Journal of the European Union


C 249/11





Prior notification of a concentration
(Case COMP/M.6349 — Mothershon/Cross Industries/Peguform/Wethje)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 249/11






1.


On 17 August 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 Motherson Group (Motherson Group, India) and the Cross Group (Cross Group, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Peguform GmbH and Peguform Iberica SL (together the ‘Peguform Group’, Germany) as well as joint control of Wethje Entwicklung GmbH and Wethje Carbon Composite GmbH (together the ‘Wethje Group’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Motherson Group: multinational group active in a variety of industries with a diversified range of products with its main focus in manufacturing of automotive components,










—


for Cross Group: group with strategic and operative concentration on the automotive sector,










—


for Peguform Group: manufacturing of components and accessories for motor vehicles, inter alia bumper systems, front-end modules, cockpits, instrument panels and door trim panels,










—


for Wethje Group: production of fibre composite components mainly for the motor sports cars as well as well as the manufacturing and distribution of prototypes and tools.














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.6349 — Mothershon/Cross Industries/Peguform/Wethje, 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’).