do-me/EUR-LEX huggingface dataset:
Corrigendum to State aid — The United Kingdom — State aid SA.18859 — 11/C (ex NN 65/10) — Relief from aggregates levy in Northern Ireland (ex N 2/04) — Invitation to submit comments pursuant to Article 108(2) of the TFEU ( OJ C 245, 24.8.2011 )
Date: 2011-11-11
Institutions: European Commission
Subjects: State aid, United Kingdom, building materials, control of State aid, tax exemption








C_2011328EN.01001101.xml










11.11.2011   


EN


Official Journal of the European Union


C 328/11





Corrigendum to State aid — The United Kingdom — State aid SA.18859 — 11/C (ex NN 65/10) — Relief from aggregates levy in Northern Ireland (ex N 2/04) — Invitation to submit comments pursuant to Article 108(2) of the TFEU
(
Official Journal of the European Union C 245 of 24 August 2011
)
2011/C 328/08
On page 10:
for:

‘Interested parties may submit their comments on the measure within one month of the date of publication of this summary and the following letter, to:





European Commission




Directorate-General for Competition




State aid Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




Fax +32 22951242’,





read:

‘Interested parties may submit their comments on the measure within one month of the date of publication of this summary and the following letter, to:





European Commission




Directorate-General for Competition




State aid Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




Fax +32 22961242’.
Case T-579/11: Action brought on 11 November 2011 — Akhras v Council
Date: 2011-11-11
Institutions: General Court
Subjects: Syria, civil society, economic support, repression, violence








C_2012006EN.01002302.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/23





Action brought on 11 November 2011 — Akhras v Council
(Case T-579/11)
2012/C 6/43
Language of the case: English

Parties


Applicant: Tarif Akhras (Homs, Syria) (represented by: S. Ashley and S. Millar, Solicitors, D. Wyatt, QC, and R. Blakeley, Barrister)

Defendant: Council of the European Union

Form of order sought







—


Annul paragraph 3 of table A of the Annex to Council decision 2011/522/CFSP insofar as it relates to the applicant;










—


Annul paragraph 3 of table A of Annex I to Council regulation (EU) no 878/2011 insofar as it relates to the applicant;










—


Annul paragraph 2 of the table in Annex II to Council decision 2011/628/CFSP insofar as it relates to the applicant;










—


Annul paragraph 2 of the table in Annex II to Council regulation (EU) No 1011/2011 insofar as it relates to the applicant;










—


Declare Article 4(1) of Council decision 2011/273/CFSP (as amended) inapplicable to the applicant;










—


Declare Article 5(1) of Council regulation (EU) No 442/2011 (as amended) inapplicable to the applicant; and










—


Order the Council to pay the costs of the application.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging that






—


The substantive criteria for the designation of the applicant are not met and/or the Council designated the applicant on the basis of insufficient evidence to establish that the criteria were met and/or the Council committed a manifest error of assessment in determining whether or not the criteria were met. In particular, the applicant is not responsible for violent repression against the civilian population in Syria, and he has not supported or benefited from the Syrian regime and he is not associated with anyone that is responsible for the violent repression or who has supported or benefited from the Syrian regime. The only allegation made against the applicant is that he has provided economic support for the Syrian regime. This is false.














2.


Second plea in law, alleging that






—


The designation of the applicant is in manifest violation of his human rights and fundamental freedoms, including his right to respect for his private and family life, to peaceful enjoyment of his possessions and ultimately his right to life and/or is in violation of the principle of proportionality.














3.


Third plea in law, alleging that






—


The Council has in any event breached the procedural requirements: (a) to give the applicant individual notification of his designation, (b) to give adequate and sufficient reasons and (c) to respect the rights of defence and the right to effective judicial protection.
Information communicated by Member States regarding closure of fisheries
Date: 2011-11-11
Institutions: European Commission
Subjects: EU waters, Irish Sea, North Sea, Scotland, Spain, United Kingdom, catch of fish, catch quota, common fisheries policy, international waters, sea fish








C_2011328EN.01000701.xml










11.11.2011   


EN


Official Journal of the European Union


C 328/7





Information communicated by Member States regarding closure of fisheries
2011/C 328/04
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


28.9.2011




Duration


28.9.2011-31.12.2011




Member State


Spain




Stock or Group of stocks


GFB/567-




Species


Forkbeards (Phycis blennoides)




Zone


EU and international waters of V, VI and VII




Type(s) of fishing vessels


—




Reference number


1080631




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.6420 — DONG Energy/Shell Gas Direct) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-11-11
Institutions: European Commission
Subjects: economic concentration, energy industry, gas supply, merger control








C_2011328EN.01001001.xml










11.11.2011   


EN


Official Journal of the European Union


C 328/10





Prior notification of a concentration
(Case COMP/M.6420 — DONG Energy/Shell Gas Direct)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 328/07






1.


On 4 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which DONG Energy A/S (‘DONG’, Denmark), through its wholly owned subsidiary DONG Energy Sales UK Limited, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Shell Gas Direct Limited (‘Shell Gas’, UK) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for DONG: is an integrated energy group active in oil and gas exploration and production, electricity generation and distribution, wholesale and retail supply of natural gas and electricity in Denmark and Northern Europe,










—


for Shell Gas: is active in the supply of gas to non-domestic customers in the UK, providing gas to businesses.














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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6420 — DONG Energy/Shell Gas Direct, 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’).
Euro exchange rates
Date: 2011-11-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2011328EN.01000201.xml










11.11.2011   


EN


Official Journal of the European Union


C 328/2





Euro exchange rates (1)

10 November 2011
2011/C 328/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3616




JPY


Japanese yen


105,66




DKK


Danish krone


7,4420




GBP


Pound sterling


0,85335




SEK


Swedish krona


9,0643




CHF


Swiss franc


1,2315




ISK


Iceland króna


 




NOK


Norwegian krone


7,7420




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,496




HUF


Hungarian forint


310,67




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7014




PLN


Polish zloty


4,3825




RON


Romanian leu


4,3500




TRY


Turkish lira


2,4303




AUD


Australian dollar


1,3389




CAD


Canadian dollar


1,3892




HKD


Hong Kong dollar


10,5976




NZD


New Zealand dollar


1,7455




SGD


Singapore dollar


1,7546




KRW


South Korean won


1 540,29




ZAR


South African rand


10,9409




CNY


Chinese yuan renminbi


8,6430




HRK


Croatian kuna


7,4800




IDR


Indonesian rupiah


12 213,11




MYR


Malaysian ringgit


4,2911




PHP


Philippine peso


58,989




RUB


Russian rouble


41,5000




THB


Thai baht


41,937




BRL


Brazilian real


2,3974




MXN


Mexican peso


18,4543




INR


Indian rupee


68,1140






(1)  Source: reference exchange rate published by the ECB.
Request for an Advisory Opinion from the EFTA Court by Oslo tingrett, dated 11 November 2011 , in the case of Arcade Drilling AS v Staten v/Skatt Vest (Case E-15/11)
Date: 2011-11-11
Institutions: EFTA Court
Subjects: Norway, deadline for payment, legal domicile, liquidation, tax








C_2012128EN.01000801.xml










3.5.2012   


EN


Official Journal of the European Union


C 128/8





Request for an Advisory Opinion from the EFTA Court by Oslo tingrett, dated 11 November 2011, in the case of Arcade Drilling AS v Staten v/Skatt Vest
(Case E-15/11)
2012/C 128/04
A request has been made to the EFTA Court by a letter of 11 November 2011 from Oslo tingrett (Oslo District Court), which was received at the Court Registry on 28 November 2011, for an Advisory Opinion in the case of Arcade Drilling v Staten v/Skatt Vest, on the following questions:






1.


Is it a restriction pursuant to Article 31 of the EEA, cf. Article 34 of the EEA to impose liquidation tax on a company if national company law entails an obligation to liquidate the company because the company has transferred its de facto head office from Norway to another EEA State?
Is it of any significance that deferral of tax payment is not given until a realisation, if any, is effected?










2.


In the event that the district court holds that a restriction exists: what criteria will be decisive in determining whether the national regulation pursues grounds of overriding public interest and whether it is suitable and necessary for the attainment of such grounds?
Prior notification of a concentration (Case COMP/M.6382 — Unipapel/Spicers) Text with EEA relevance
Date: 2011-11-11
Institutions: European Commission
Subjects: economic concentration, merger control, office supplies








C_2011328EN.01000801.xml










11.11.2011   


EN


Official Journal of the European Union


C 328/8





Prior notification of a concentration
(Case COMP/M.6382 — Unipapel/Spicers)
(Text with EEA relevance)
2011/C 328/05






1.


On 28 October 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Unipapel SA (‘Unipapel’, Spain) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the Spicers business in Continental Europe (Spicers CE), ultimately controlled by DS Smith PLC (‘DS Smith’, the United Kingdom), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Unipapel: active in the manufacture and traditional wholesale of office supplies including all consumables and durables required in an office. It is also active in the wholesale distribution of IT products (mainly, printing consumables),










—


for Spicers CE: operate in the traditional wholesale of office supplies.














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.6382 — Unipapel/Spicers, 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’).
Prior notification of a concentration (Case COMP/M.6389 — ENI/Nuon Belgium/Nuon Wind Belgium/Nuon Power Generation) Text with EEA relevance
Date: 2011-11-11
Institutions: European Commission
Subjects: economic concentration, electrical industry, merger control








C_2011328EN.01000901.xml










11.11.2011   


EN


Official Journal of the European Union


C 328/9





Prior notification of a concentration
(Case COMP/M.6389 — ENI/Nuon Belgium/Nuon Wind Belgium/Nuon Power Generation)
(Text with EEA relevance)
2011/C 328/06






1.


On 4 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which ENI SpA (‘ENI’, Italy), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Nuon Belgium NV (‘Nuon Belgium’, Belgium), holding the totality of the shares in Nuon Wind Belgium NV (‘Nuon Wind Belgium’, Belgium), and Nuon Power Generation Walloon NV (‘Nuon Power Generation Walloon’, Belgium), which both currently ultimately belong to Vattenfall AB (Sweden), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


ENI: Parent company of the ENI Group, an integrated energy group in Italy being active worldwide in the finding, producing, transporting, transforming and marketing of oil and gas; as well as in the generation and sale of electricity, petrochemicals, oilfield services; and construction and engineering services,










—


Nuon Belgium: Gas and electricity retailer in Belgium and mother company of Nuon Wind Belgium that owns and operates a power generating wind farm with three turbines in Belgium,










—


Nuon Power Generation Walloon: company established to develop a Combined Cycle Gas Turbine (CCGT) power generation project in the Walloon area in Belgium.














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.6389 — ENI/Nuon Belgium/Nuon Wind Belgium/Nuon Power Generation, 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’).
Non-opposition to a notified concentration (Case COMP/M.6387 — Buchen Industrieservice/Thyssenkrupp Xervon) Text with EEA relevance
Date: 2011-11-11
Institutions: European Commission
Subjects: economic concentration, merger control, waste management, water management








C_2011328EN.01000101.xml










11.11.2011   


EN


Official Journal of the European Union


C 328/1





Non-opposition to a notified concentration
(Case COMP/M.6387 — Buchen Industrieservice/Thyssenkrupp Xervon)
(Text with EEA relevance)
2011/C 328/01
On 7 November 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 German 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 32011M6387. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 1159/2011 of 11 November 2011 establishing a prohibition of fishing for cod in Norwegian waters of I and II by vessels flying the flag of Spain
Date: 2011-11-11
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Norway, Norwegian Sea, Russia, Spain, catch quota, fishing rights, sea fish, ship's flag








L_2011296EN.01002401.xml










15.11.2011   


EN


Official Journal of the European Union


L 296/24








            COMMISSION REGULATION (EU) No 1159/2011
of 11 November 2011
         
establishing a prohibition of fishing for cod in Norwegian waters of I and II by vessels flying the flag of Spain


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 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 November 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


67/T&Q




Member State


Spain




Stock


COD/1N2AB.




Species


Cod (Gadus morhua)




Zone


Norwegian waters of I and II




Date


6.7.2011
Case C-572/11: Reference for a preliminary ruling from the Administrativen Sad — Veliko Tarnovo lodged on 11 November 2011 — Menidzharski biznes reshenia OOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ , gr. Veliko Tarnovo, pri Tsentralno Upravlenie na Natsionalna Agentsia po Prihodite
Date: 2011-11-11
Institutions: Court of Justice
Subjects: VAT, invoicing, tax evasion








C_2012025EN.01003601.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/36






Reference for a preliminary ruling from the Administrativen Sad — Veliko Tarnovo lodged on 11 November 2011 — Menidzharski biznes reshenia OOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’, gr. Veliko Tarnovo, pri Tsentralno Upravlenie na Natsionalna Agentsia po Prihodite
(Case C-572/11)
(2012/C 25/69)
Language of the case: Bulgarian

Referring court

Administrativen Sad — Veliko Tarnovo

Parties to the main proceedings


Applicant: Menidzharski biznes reshenia OOD

Defendants: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’, gr. Veliko Tarnovo, pri Tsentralno Upravlenie na Natsionalna Agentsia po Prihodite

Question referred

Is Article 203 in conjunction with Article 168(a) of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax to be interpreted, in cases like the main proceedings and having regard to the principles of fiscal neutrality and protection of legitimate expectations, to the effect that a deduction of VAT may be refused, despite the elimination of the risk of any loss in tax revenues, if that risk was eliminated only with respect to the accounting of the VAT shown in a supplier’s invoice with the State Treasury, without the elimination of the risk of loss in tax revenues affecting the actions or intentions of the supplier which resulted in the fraudulent content of an invoice in which the VAT was shown as payable by the supplier


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).