do-me/EUR-LEX huggingface dataset:
Notice of the impending expiry of certain anti-dumping measures
Date: 2011-09-01
Institutions: European Commission
Subjects: China, anti-dumping measure, import (EU), vehicle parts








C_2011257EN.01000701.xml










1.9.2011   


EN


Official Journal of the European Union


C 257/7





Notice of the impending expiry of certain anti-dumping measures
2011/C 257/07
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Saddles


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 691/2007 (OJ L 160, 21.6.2007, p. 1)


22.6.2012






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.
Case T-102/09: Order of the General Court of 1 September 2011 — Elosta v Commission (Action for annulment — Period allowed for commencing proceedings — Out of time — No force majeure — No excusable error — Inadmissibility)
Date: 2011-09-01
Institutions: General Court
Subjects: economic sanctions, international sanctions, terrorism, trade restriction








C_2011319EN.01002001.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/20





Order of the General Court of 1 September 2011 — Elosta v Commission
(Case T-102/09) (1)

(Action for annulment - Period allowed for commencing proceedings - Out of time - No force majeure - No excusable error - Inadmissibility)
2011/C 319/41
Language of the case: English

Parties


Applicant: Abdelrazag Elosta (Pinner, Middlesex, United Kingdom) (represented by: E. Grieves and A. McMurdie, lawyers)

Defendant: European Commission (represented by: E. Paasivirta and M. Konstantinidis, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: R. Szostak, G. Étienne, M.-M. Josephides and E. Finnegan, Agents

Re:

Application for the annulment of Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2002 L 345, p. 60), in so far as it concerns the applicant.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Abdelrazag Elosta is ordered to pay his own costs and those incurred by the European Commission.










3.


The Council of the European Union is ordered to pay its own costs.






(1)  OJ C 13, 15.1.2011.
Case C-454/11: Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāta Adminsitratīvo (Republic of Latvia) lodged on 1 September 2011 — Gunārs Pusts v Lauku atbalsta dienests
Date: 2011-09-01
Institutions: Court of Justice
Subjects: aid recipient, aid to undertakings, reimbursement of aid, terms for aid








C_2011331EN.01001201.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/12





Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāta Adminsitratīvo (Republic of Latvia) lodged on 1 September 2011 — Gunārs Pusts v Lauku atbalsta dienests
(Case C-454/11)
2011/C 331/19
Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings


Applicant: Gunārs Pusts

Defendant: Lauku atbalsta dienests

Questions referred







1.


Are the European Union rules governing repayment of aid to be understood to mean that payment of the aid may be considered undue in cases where, although the beneficiary of the aid continued to fulfil the undertakings, he did not comply with the established payment application procedure?










2.


Is a rule under which the undertakings made by the aid beneficiary are suspended, without giving the beneficiary of the aid the opportunity to be heard and where that suspension is deduced solely from the fact that an application has not been submitted, compatible with European Union law governing repayment of aid?










3.


Is a rule under which, where it is no longer possible to carry out a control in situ (because a year has elapsed) and where it is therefore deduced that the undertakings made by the beneficiary have been suspended, that beneficiary must repay the entire amount of the aid funds already paid during the commitment period, even if those funds have been granted and paid for several years, compatible with European Union law governing repayment of aid?
Prior notification of a concentration (Case COMP/M.6320 — GKN/Getrag Corporation/Getrag All Wheel Drive)  Text with EEA relevance
Date: 2011-09-01
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2011257EN.01000901.xml










1.9.2011   


EN


Official Journal of the European Union


C 257/9





Prior notification of a concentration
(Case COMP/M.6320 — GKN/Getrag Corporation/Getrag All Wheel Drive)
(Text with EEA relevance)
2011/C 257/09






1.


On 24 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 undertaking GKN plc (‘GKN’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Getrag All Wheel Drive AG (‘GAWD’, Sweden) and Getrag Corporation (‘GC’, United States) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for GKN: active in the automotive sector (manufacture of driveshafts, geared driveline components, torque management products, autostructures and cylinder liners), powder metallurgy, land systems and aerospace industries,










—


for GAWD: active in the manufacturing and supply of all-wheel drive and chassis components,










—


for GC: active in the manufacturing and supply of all-wheel drive components and final drive unit products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6320 — GKN/Getrag Corporation/Getrag All Wheel Drive, 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’).
Case C-450/11: Action brought on 1 September 2011 — European Commission v Portuguese Republic
Date: 2011-09-01
Institutions: Court of Justice
Subjects: Portugal, VAT, infringement of EU law, tax law, travel, travel agency








C_2011319EN.01001002.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/10





Action brought on 1 September 2011 — European Commission v Portuguese Republic
(Case C-450/11)
2011/C 319/18
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: M. Afonso and L. Lozano Palacios, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by applying the special VAT scheme for travel agents to travel services sold to persons other than travellers, as provided for by Decree-Law No 221/85 of 3 July 1985, the Portuguese Republic has failed to fulfil its obligations under Articles 306 to 310 of the VAT Directive. (1)











—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

The Commission considers that, in so far as the Portuguese Republic applies the special scheme in question to the services supplied by travel agents to other travel agents or to other persons liable to VAT other than travellers, its application of that scheme is not consistent with the provisions of the European Union legislation in that field, since in accordance with the VAT Directive the special scheme must be applied only to services supplied to travellers.


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Prior notification of a concentration (Case COMP/M.6261 — North Sea Group/Argos Groep/JV)  Text with EEA relevance
Date: 2011-09-01
Institutions: European Commission
Subjects: economic concentration, merger control, oil industry








C_2011257EN.01001101.xml










1.9.2011   


EN


Official Journal of the European Union


C 257/11





Prior notification of a concentration
(Case COMP/M.6261 — North Sea Group/Argos Groep/JV)
(Text with EEA relevance)
2011/C 257/11






1.


On 24 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 Reggeborgh Invest BV (‘Reggeborgh’, the Netherlands) and Argos Energy Group BV (‘Argos Energy Group’, the Netherlands), controlled by Goedvolk Holding BV (‘Goedvolk Holding’, the Netherlands), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the North Sea Group BV (‘North Sea Group’, the Netherlands), currently controlled by Reggeborgh, and Argos Groep BV (‘Argos Groep’, the Netherlands), currently controlled by Argos Energy Group, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Reggeborgh: trade in and supply of petroleum products for land and waterbound use, the construction contracting and project development, as well as property development,










—


for Goedvolk Holding: trade in and the supply of petroleum products for land and waterbound use.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6261 — North Sea Group/Argos Groep/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’).
Case T-470/11: Action brought on 1 September 2011 — Total and Elf Aquitaine v Commission
Date: 2011-09-01
Institutions: General Court
Subjects: European Commission, chemical industry, infringement of EU law, price agreement, unlawful agreement








C_2011319EN.01002302.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/23





Action brought on 1 September 2011 — Total and Elf Aquitaine v Commission
(Case T-470/11)
2011/C 319/50
Language of the case: French

Parties


Applicants: Total SA (Courbevoie, France) and Elf Aquitaine SA (Courbevoie) (represented by: A. Noël-Baron and É. Morgan de Rivery, lawyers)

Defendant: European Commission

Form of order sought







—


Principally, declare invalid the Commission’s letters BUDG/DGA/C4/BM/s746396 of 24 June 2011 and BUDG/DGA/C4/BM/s812886 of 8 July 2011 in their entirety;










—


In the alternative, reduce the amount of the sum claimed from the applicants in the Commission’s letter BUDG/DGA/C4/BM/s812886 of 8 July 2011 or at the very least annul the late-payment interest in the amount of EUR 31 312 114,58 imposed on Elf Aquitaine, for which Total is jointly liable up to the amount of EUR 19 191 296,03;










—


In any event, order the Commission to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging that the Commission erred in law and breached its obligations by failing, in their regard, to draw the consequences from the judgment of the General Court in Case T-217/06 Arkema France and Others v Commission [2011] ECR II-0000, by which the fine imposed on the appellants’ subsidiaries in Case COMP/F/38.645 — Methacrylates was reduced. Inter alia, the appellants submit that:






—


they should, as parent companies held responsible as such for the cartel, also benefit from the reduction in the fine imposed on their subsidiaries, despite the fact that their own action brought against that decision was dismissed by the judgment of the General Court in Case T-206/06 Total and Elf Aquitaine v Commission;










—


by the payment made by Arkema SA of the full amount of the fine imposed on the appellants and their subsidiaries by the decision in Case COMP/F/38.645, the Commission received what was due to it and consequently can no longer claim anything from the appellants.
Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitations to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2011-09-01
Institutions: European Commission
Subjects: France, air transport, inland transport, invitation to tender, public service, transport regulations








C_2011257EN.01000401.xml










1.9.2011   


EN


Official Journal of the European Union


C 257/4





Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitations to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2011/C 257/04






Member State


France




Routes concerned


Bastia–Paris (Orly)
Bastia–Marseille
Bastia–Nice
Calvi–Paris (Orly)
Calvi–Marseille
Calvi–Nice




Period during which contracts are binding


From 25 March 2012 to 24 March 2016




Deadline for submission of applications and tenders


2 November 2011 at 16.00 (local time)




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained


Délibération no 163/2011 AC du 28 juillet 2011 de l’Assemblée de Corse portant sur la révision des obligations de service public imposées sur les services aériens réguliers entre Paris (Orly), Marseille et Nice, d’une part, et Ajaccio, Bastia, Calvi et Figari, d’autre part, et l’adoption du principe de la délégation de service public pour l’exploitation de la desserte aérienne de service public de la Corse, publiée au recueil des actes administratifs de la collectivité territoriale de Corse (Decision No 163/2011 AC of 28 July 2011 of the Corsican Assembly on the review of public service obligations on scheduled air services between Paris (Orly), Marseille and Nice, on the one hand, and Ajaccio, Bastia, Calvi and Figari, on the other, and the adoption of the principle of public service delegation for the operation of Corsica’s public service air services, published in the compendium of legal acts of the Corsican regional authorities)
Contacts:





Office des transports de la Corse




19 avenue Georges Pompidou




BP 501




20189 Ajaccio Cedex 2




FRANCE




Mr Francis PIAN (Director)




Ms Evelyne MARIANI (Head of Air Services)




Tel. +33 495237130




Fax +33 495201631




E-mail: francis.pian@otc-corse.fr




evelyne.mariani@otc-corse.fr