do-me/EUR-LEX huggingface dataset:
Case T-559/11: Action brought on 21 October 2011 — BytyOKD v Commission
Date: 2011-10-21
Institutions: General Court
Subjects: Czechia, State aid, coal industry, control of State aid, housing, privatisation








C_2012013EN.01001701.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/17





Action brought on 21 October 2011 — BytyOKD v Commission
(Case T-559/11)
2012/C 13/36
Language of the case: Czech

Parties


Applicant: Sdružení nájemníků BytyOKD.cz (Ostrava, Czech Republic) (represented by: R. Pelikán, lawyer)

Defendant: European Commission

Form of order sought







—


annul Commission Decision C(2011) 4927 final of 13 July 2011, State aid No SA.25076 (2011/NN) — Czech Republic: Privatisation of OKD a.s. to Karbon Invest a.s.;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, arguing that the Commission infringed Article 108(3) TFEU by not initiating the formal procedure under Article 108(2) even though in the preliminary examination it had, in the applicant’s opinion, encountered serious difficulties in assessing the compatibility with the common market of the measure of the Czech Republic under investigation. The defendant thereby deprived the applicant of the procedural rights which it would have been guaranteed in the formal procedure by Article 108(2) TFEU.
Decision of the EEA Joint Committee No 116/2011 of 21 October 2011 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2011-10-21
Institutions: EEA Joint Committee
Subjects: European Economic Area, chemical product, dangerous substance, market approval, revision of an agreement




L_2011341EN.01008001.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/80








            DECISION OF THE EEA JOINT COMMITTEE
         
No 116/2011
of 21 October 2011
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 96/2011 of 30 September 2011 (1).












(2)


Commission Regulation (EU) No 143/2011 of 17 February 2011 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (‘REACH’) (2), as corrected by OJ L 49, 24.2.2011, p. 52, is to be incorporated into the Agreement.












(3)


Commission Regulation (EU) No 207/2011 of 2 March 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Diphenylether, pentabromo derivative and PFOS) (3) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following indents shall be added in point 12zc (Regulation (EC) No 1907/2006 of the European Parliament and of the Council) of Chapter XV of Annex II to the Agreement:






‘—



32011 R 0143: Commission Regulation (EU) No 143/2011 of 17 February 2011 (OJ L 44, 18.2.2011, p. 2), as corrected by OJ L 49, 24.2.2011, p. 52,










—



32011 R 0207: Commission Regulation (EU) No 207/2011 of 2 March 2011 (OJ L 58, 3.3.2011, p. 27).’






Article 2
The texts of Regulations (EU) No 143/2011, as corrected by OJ L 49, 24.2.2011, p. 52, and (EU) No 207/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 November 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 21 October 2011.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 318, 1.12.2011, p. 34.

(2)  
            OJ L 44, 18.2.2011, p. 2.

(3)  
            OJ L 58, 3.3.2011, p. 27.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 120/2011 of 21 October 2011 amending Annex XIII (Transport) to the EEA Agreement
Date: 2011-10-21
Institutions: EEA Joint Committee
Subjects: European Economic Area, air transport, revision of an agreement, transport company




L_2011341EN.01008501.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/85








            DECISION OF THE EEA JOINT COMMITTEE
         
No 120/2011
of 21 October 2011
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 104/2011 of 30 September 2011 (1).












(2)


Commission Implementing Regulation (EU) No 390/2011 of 19 April 2011 amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community (2) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following indent shall be added in point 66zab (Commission Regulation (EC) No 474/2006) of Annex XIII to the Agreement:






‘—



32011 R 0390: Commission Implementing Regulation (EU) No 390/2011 of 19 April 2011 (OJ L 104, 20.4.2011, p. 10).’






Article 2
The text of Implementing Regulation (EU) No 390/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 November 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 21 October 2011.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 318, 1.12.2011, p. 42.

(2)  
            OJ L 104, 20.4.2011, p. 10.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 119/2011 of 21 October 2011 amending Annex XIII (Transport) to the EEA Agreement
Date: 2011-10-21
Institutions: EEA Joint Committee
Subjects: European Economic Area, maritime safety, revision of an agreement, ship's flag, transport company, vessel




L_2011341EN.01008401.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/84








            DECISION OF THE EEA JOINT COMMITTEE
         
No 119/2011
of 21 October 2011
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 104/2011 of 30 September 2011 (1).












(2)


Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria (2) is to be incorporated into the Agreement.












(3)


Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance (3) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following points shall be inserted after point 56bc (Commission Regulation (EU) No 428/2010) of Annex XIII to the Agreement:






‘56bd.



32010 R 0801: Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria (OJ L 241, 14.9.2010, p. 1).










56be



32010 R 0802: Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance (OJ L 241, 14.9.2010, p. 4).’






Article 2
The texts of Regulations (EU) No 801/2010 and (EU) No 802/2010 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 November 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 21 October 2011.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 318, 1.12.2011, p. 42.

(2)  
            OJ L 241, 14.9.2010, p. 1.

(3)  
            OJ L 241, 14.9.2010, p. 4.

(*1)  No constitutional requirements indicated.
Case C-539/11: Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 21 October 2011 — Ottica New Line di Accardi Vincenzo v Comune di Campobello di Mazara
Date: 2011-10-21
Institutions: Court of Justice
Subjects: Sicily, demographic analysis, freedom to provide services, health care, intervention policy, optical industry, principle of proportionality, right of establishment








C_2011370EN.01002002.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/20





Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 21 October 2011 — Ottica New Line di Accardi Vincenzo v Comune di Campobello di Mazara
(Case C-539/11)
2011/C 370/33
Language of the case: Italian

Referring court

Consiglio di Giustizia Amministrativa per la Regione Siciliana

Parties to the main proceedings


Applicant: Ottica New Line di Accardi Vincenzo

Defendant: Comune di Campobello di Mazara

Intervening party: Fotottica Media Vision di Luppino Natale Fabrizio e.c. s.n.c.

Questions referred







1.


Must European Union law on the freedom of establishment and the freedom to provide services be interpreted as meaning that a provision of national law (in the present case, Article 1 of Law No 12/2004 of the Autonomous Region of Sicily) under which the establishment of opticians’ practices in the territory of a Member State (in the present case, in a part of that territory) is subject to restrictions based on population density and the distance between practices — restrictions which, in theory, constitute an infringement of those fundamental freedoms — reflects an overriding reason relating to the public interest, linked to the need to protect human health?










2.


If the answer to Question 1 is in the affirmative, then, under European Union law, must the restrictions based on population density (one practice for every 8 000 residents) and on distance (300 metres between one practice and the next), laid down by Law No 12/2004 of the Autonomous Region of Sicily for the establishment of opticians’ practices in the regional territory, be regarded as appropriate for the purposes of attaining the objective reflecting the abovementioned overriding reason relating to the public interest?










3.


If the answer to Question 1 is in the affirmative, then, under European Union law, are the restrictions based on population density (one practice for every 8 000 residents) and on distance (300 metres between one practice and the next), laid down by Law No 12/2004 of the Autonomous Region of Sicily for the establishment of opticians’ practices in the regional territory, proportionate — that is to say, not excessive — for the purposes of attaining the objective reflecting the abovementioned overriding reason relating to the public interest?
Corrigendum to Directive 2010/84/EU of the European Parliament and of the Council of 15 December 2010 amending, as regards pharmacovigilance, Directive 2001/83/EC on the Community code relating to medicinal products for human use ( OJ L 348, 31.12.2010 )
Date: 2011-10-21
Institutions: Council of the European Union, European Parliament
Subjects: drug surveillance, medicinal product, pharmaceutical legislation, public health








L_2011276EN.01006301.xml










21.10.2011   


EN


Official Journal of the European Union


L 276/63







Corrigendum to Directive 2010/84/EU of the European Parliament and of the Council of 15 December 2010 amending, as regards pharmacovigilance, Directive 2001/83/EC on the Community code relating to medicinal products for human use
(
Official Journal of the European Union L 348 of 31 December 2010
)

On Page 97, Article 1, point 22, new text of Article 116, second paragraph:
for:

               ‘A marketing authorisation may also be suspended, revoked or varied where the particulars supporting the application as provided for in Articles 8, 10 or 11 …’,
read:

               ‘A marketing authorisation may also be suspended, revoked or varied where the particulars supporting the application as provided for in Articles 8, 10, 10a, 10b, 10c or 11 …’.
Non-opposition to a notified concentration (Case COMP/M.6373 — Sungwoo/Mitsubishi/Sungwoo CZ/Sungwoo SK) Text with EEA relevance
Date: 2011-10-21
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2011309EN.01000201.xml










21.10.2011   


EN


Official Journal of the European Union


C 309/2





Non-opposition to a notified concentration
(Case COMP/M.6373 — Sungwoo/Mitsubishi/Sungwoo CZ/Sungwoo SK)
(Text with EEA relevance)
2011/C 309/03
On 17 October 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 32011M6373. EUR-Lex is the on-line access to the European law.
Case F-30/11: Order of the Civil Service Tribunal of 21 October 2011 — Torijano Montero v Council
Date: 2011-10-21
Institutions: Civil Service Tribunal
Subjects: European civil service, damages, indemnification, staff assessment








C_2012138EN.01004006.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/40






Order of the Civil Service Tribunal of 21 October 2011 — Torijano Montero v Council
(Case F-30/11) (1)

(2012/C 138/104)
Language of the case: French
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 179, 18.6.2011, p. 21.
Non-opposition to a notified concentration (Case COMP/M.6141 — China National Agrochemical Corporation/Koor Industries/Makhteshim Agan Industries) Text with EEA relevance
Date: 2011-10-21
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, plant health product








C_2011309EN.01000101.xml










21.10.2011   


EN


Official Journal of the European Union


C 309/1





Non-opposition to a notified concentration
(Case COMP/M.6141 — China National Agrochemical Corporation/Koor Industries/Makhteshim Agan Industries)
(Text with EEA relevance)
2011/C 309/01
On 3 October 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 32011M6141. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.6296 — Triton/Compo) Text with EEA relevance
Date: 2011-10-21
Institutions: European Commission
Subjects: agricultural product, economic concentration, investment company, management, merger control, plant health product








C_2011309EN.01000102.xml










21.10.2011   


EN


Official Journal of the European Union


C 309/1





Non-opposition to a notified concentration
(Case COMP/M.6296 — Triton/Compo)
(Text with EEA relevance)
2011/C 309/02
On 23 September 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 32011M6296. EUR-Lex is the on-line access to the European law.
Call for proposals for modal shift, catalyst, motorways of the sea, traffic avoidance and common learning actions under the second Marco Polo programme (Regulation (EC) No 1692/2006 of the European Parliament and of the Council — OJ L 328, 24.11.2006, p. 1 )
Date: 2011-10-21
Institutions: European Commission
Subjects: EU programme, administrative competition, carriage of goods, combined transport








C_2011309EN.01001201.xml










21.10.2011   


EN


Official Journal of the European Union


C 309/12





Call for proposals for modal shift, catalyst, motorways of the sea, traffic avoidance and common learning actions under the second Marco Polo programme
(Regulation (EC) No 1692/2006 of the European Parliament and of the Council — OJ L 328, 24.11.2006, p. 1)
2011/C 309/09
The European Commission is hereby launching a call for proposals for the selection procedure 2011 under the second Marco Polo programme. The call is closing on 16 January 2012.
Information on the modalities of the call and guidance to proposers on how to submit projects is available at the following website:
http://ec.europa.eu/transport/marcopolo/getting-funds/call-for-proposals/2011/index_en.htm
The helpdesk of the Marco Polo programme can be reached via e-mail: eaci-marco-polo-helpdesk@ec.europa.eu and fax: +32 22979506.
Decision of the EEA Joint Committee No 118/2011 of 21 October 2011 amending Annex XIII (Transport) to the EEA Agreement
Date: 2011-10-21
Institutions: EEA Joint Committee
Subjects: European Economic Area, drivers, rail transport, revision of an agreement, transport licence




L_2011341EN.01008301.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/83








            DECISION OF THE EEA JOINT COMMITTEE
         
No 118/2011
of 21 October 2011
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 104/2011 of 30 September 2011 (1).












(2)


Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (2) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following point shall be inserted after point 42g (Directive 2007/59/EC of the European Parliament and of the Council) of Annex XIII to the Agreement:






‘42ga.



32010 D 0017: Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (OJ L 8, 13.1.2010, p. 17).’






Article 2
The text of Decision 2010/17/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 November 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 21 October 2011.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 318, 1.12.2011, p. 42.

(2)  
            OJ L 8, 13.1.2010, p. 17.

(*1)  No constitutional requirements indicated.