do-me/EUR-LEX huggingface dataset:
Commission communication pursuant to Article 17 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 — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
Date: 2011-11-24
Institutions: European Commission
Subjects: Sweden, air transport, disclosure of information, inland transport, public service, transport regulations








C_2011344EN.01000801.xml










24.11.2011   


EN


Official Journal of the European Union


C 344/8





Commission communication pursuant to Article 17 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
2011/C 344/05






Member State


Sweden




Routes concerned








—


Arvidsjaur–Stockholm/Arlanda










—


Gällivare–Stockholm/Arlanda










—


Hemavan–Stockholm/Arlanda










—


Lycksele–Stockholm/Arlanda










—


Vilhelmina–Stockholm/Arlanda








Period of validity of the contract


3 June 2012-24 October 2015




Deadline for submission of tenders


60 days after the date of publication of this tender invitation




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained free of charge







The Swedish Transport Administration




SE-781 87 Borlänge




SVERIGE




http://www.eu-supply.com/trafikverket.asp




Ref. TRV 2011/76519
Tel. +46 771921921
Contact persons: Anna Fürst and Johan Holmér
E-mail: anna.furst@trafikverket.se
johan.holmer@trafikverket.se
Non-opposition to a notified concentration (Case COMP/M.6319 — Triton/Europart) Text with EEA relevance
Date: 2011-11-24
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, vehicle parts








C_2011344EN.01000501.xml










24.11.2011   


EN


Official Journal of the European Union


C 344/5





Non-opposition to a notified concentration
(Case COMP/M.6319 — Triton/Europart)
(Text with EEA relevance)
2011/C 344/02
On 30 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 32011M6319. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2011-11-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2011344EN.01000601.xml










24.11.2011   


EN


Official Journal of the European Union


C 344/6





Euro exchange rates (1)

23 November 2011
2011/C 344/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3387




JPY


Japanese yen


103,37




DKK


Danish krone


7,4387




GBP


Pound sterling


0,86030




SEK


Swedish krona


9,2157




CHF


Swiss franc


1,2305




ISK


Iceland króna


 




NOK


Norwegian krone


7,8185




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,642




HUF


Hungarian forint


309,60




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7022




PLN


Polish zloty


4,4715




RON


Romanian leu


4,3548




TRY


Turkish lira


2,4997




AUD


Australian dollar


1,3762




CAD


Canadian dollar


1,3964




HKD


Hong Kong dollar


10,4324




NZD


New Zealand dollar


1,8041




SGD


Singapore dollar


1,7490




KRW


South Korean won


1 546,52




ZAR


South African rand


11,3452




CNY


Chinese yuan renminbi


8,5121




HRK


Croatian kuna


7,4958




IDR


Indonesian rupiah


12 112,30




MYR


Malaysian ringgit


4,2671




PHP


Philippine peso


58,336




RUB


Russian rouble


41,9465




THB


Thai baht


41,955




BRL


Brazilian real


2,4682




MXN


Mexican peso


18,8355




INR


Indian rupee


70,2480






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.6430 — Oaktree/Panrico) Text with EEA relevance
Date: 2011-11-24
Institutions: European Commission
Subjects: economic concentration, food industry, merger control








C_2011344EN.01001201.xml










24.11.2011   


EN


Official Journal of the European Union


C 344/12





Prior notification of a concentration
(Case COMP/M.6430 — Oaktree/Panrico)
(Text with EEA relevance)
2011/C 344/09






1.


On 16 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 the undertaking Oaktree Capital Group Holdings GP, LLC (‘Oaktree’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Panrico Group (‘Panrico’, Spain), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Oaktree: alternative and non-traditional investment funds,










—


for Panrico: manufacture and wholesale distribution of bread, pastries and biscuits in Spain and Portugal.














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.6430 — Oaktree/Panrico, 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-596/11: Action brought on 24 November 2011 — Bricmate v Council
Date: 2011-11-24
Institutions: General Court
Subjects: China, Eurostat, anti-dumping duty, ceramics, import (EU), infringement of EU law, originating product








C_2012025EN.01006301.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/63






Action brought on 24 November 2011 — Bricmate v Council
(Case T-596/11)
(2012/C 25/120)
Language of the case: English

Parties


Applicant: Bricmate AB (Stockholm, Sweden) (represented by: C. Dackö, A. Willems and S. De Knop, lawyers)

Defendant: Council of the European Union

Form of order sought







—


Declare the action admissible;










—


Annul Council Implementing Regulation (EU) No 917/2011 of 12 September 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China (OJ 2011 L 238, p. 1), insofar as it applies to the applicant;










—


Order the defendant to pay the costs;










—


In the event the action was rejected as inadmissible or dismissed on merits, order each party to pay its own costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that






—


the injury and causation analysis are vitiated by errors of fact and a manifest error of assessment and further, that the European Commission and the Council (referred to as ‘Institutions’) violated the principle of due care and Articles 3(2) and 3(6) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (‘basic anti-dumping regulation’) (OJ 2009 L 343, p. 51) by failing to objectively examine the claims that the data provided by Eurostat had been inaccurate;














2.


Second plea in law, alleging






—


failure to state reasons, violation of the right of defence and further, violation of Article 17 of the basic anti-dumping regulation as regards the differences in the level of processing between ceramic tiles from China and those produced in the EU.
Case C-266/11: Order of the President of the Court of 24 November 2011 (reference for a preliminary ruling from the Vestre Landsret — Denmark) — Dansk Funktionærforbund, Serviceforbundet, acting on behalf of Frank Frandsen v Cimber Air A/S
Date: 2011-11-24
Institutions: Court of Justice
Subjects: age discrimination, collective agreement, crew, early retirement








C_2012073EN.01002504.xml










10.3.2012   


EN


Official Journal of the European Union


C 73/25





Order of the President of the Court of 24 November 2011 (reference for a preliminary ruling from the Vestre Landsret — Denmark) — Dansk Funktionærforbund, Serviceforbundet, acting on behalf of Frank Frandsen v Cimber Air A/S
(Case C-266/11) (1)

2012/C 73/46
Language of the case: Danish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 311, 22.10.2011.
Annual Report 2010
Date: 2011-11-24
Institutions: European Ombudsman
Subjects: European Ombudsman, activity report








C_2011344EN.01000701.xml










24.11.2011   


EN


Official Journal of the European Union


C 344/7





Annual Report 2010
2011/C 344/04
The European Ombudsman has presented his Annual Report for the year 2010 to the European Parliament.
The Annual Report as well as a shorter version are available on the European Ombudsman's website in all 23 official languages at: http://www.ombudsman.europa.eu
Paper copies of these publications can be requested free of charge from the European Ombudsman's office:





1 avenue du Président Robert Schuman




CS 30403




67001 Strasbourg Cedex




FRANCE




Tel. +33 388172313




Fax +33 388179062




E-mail: eo@ombudsman.europa.eu
Case T-595/11 P: Appeal brought on 24 November 2011 by A against the judgment of the Civil Service Tribunal of 14 September 2011 in Case F-12/09, A v Commission
Date: 2011-11-24
Institutions: General Court
Subjects: European civil service, deadline for payment, indemnification, infringement of EU law, occupational disease, regulations for civil servants








C_2012049EN.01002502.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/25





Appeal brought on 24 November 2011 by A against the judgment of the Civil Service Tribunal of 14 September 2011 in Case F-12/09, A v Commission
(Case T-595/11 P)
2012/C 49/46
Language of the case: French

Parties


Appellant: A (Port-Vendres, France) (represented by B. Cambier, A. Paternostre and L. Levi, lawyers)

Other party to the proceedings: European Commission

Form of order sought by the appellant







—


Annul the judgment of the Civil Service Tribunal of the European Union of 14 September 2011 in Case F-12/09;










—


Consequently, uphold the claims of the appellant at first instance and, accordingly,






—


annul the decisions by which the European Commission refuses to pay the appellant the compensation due under Article 73 of the Staff Regulations and order the European Commission to pay that compensation to the appellant immediately, together with additional compensation under common law representing the difference between the amount of the actual loss suffered and the part of that loss for which compensation is paid under Article 73 of the Staff Regulations,










—


order the Commission to pay the appellant late-payment interest calculated from the month of December 2004, the date at which the work-related origin of the sickness, the amount of the loss sufferance and the stabilisation of his state of health ought to have been acknowledged,










—


order the European Commission to pay the appellant any sum which appears to the General Court to be adequate to compensate the appellant for the non-pecuniary harm suffered by him as a result of the numerous errors and irregularities committed by the services of the European Commission in the investigation of the medical procedures concerning him,










—


order the defendant to pay the costs at both instances.









Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of the right to action within a reasonable time, of the principle of the duty of care, of the principle of legitimate expectations and distortion of the file.










2.


Second plea in law, alleging infringement of the right to full compensation for the loss suffered.










3.


Third plea in law, alleging, firstly, infringement of Articles 73 and 90 of the Staff Regulations of Officials of the European Union and of the principles of sound administration, procedural economy, non-retroactivity, hierarchy of norms and the concept of consolidation and, secondly, distortion of the facts and of the appellant’s arguments.
Case C-458/09 P: Judgment of the Court (Fifth Chamber) of 24 November 2011 — Italian Republic v European Commission (Appeal — Aide granted by the Italian authorities in favour of newly listed companies — Legislation granting fiscal advantages)
Date: 2011-11-24
Institutions: Court of Justice
Subjects: State aid, control of State aid, corporation tax, organisation, stock-exchange listing, tax relief








C_2012025EN.01000401.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/4






Judgment of the Court (Fifth Chamber) of 24 November 2011 — Italian Republic v European Commission
(Case C-458/09 P) (1)

(Appeal - Aide granted by the Italian authorities in favour of newly listed companies - Legislation granting fiscal advantages)
(2012/C 25/06)
Language of the case: Italian

Parties


Appellant: Italian Republic (represented by: G. Palmieri and P. Gentili, Agents)

Other party to the proceedings: European Commission (represented by: V. Di Bucci, D. Grespan and E. Righini, Agents)

Intervener in support of the applicant: Republic of Finland (represented by: M. Pere and H. Leppo, Agents)

Re:

Appeal against the judgment of 4 September 2009 in Case T-211/05 Italy v Commission, by which the Court of First Instance (Third Chamber) dismissed the application for annulment of Commission Decision 2006/261/EC of 16 March 2005 on aid scheme C 8/2004 (ex NN 164/2003) implemented by Italy in favour of newly listed companies (OJ 2006 L 94, p. 42)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Italian Republic to pay the costs










3.


Orders the Republic of Finland to bear its own costs;






(1)  OJ C 24, 30.1.2010.
Case C-281/09: Judgment of the Court (First Chamber) of 24 November 2011 — European Commission v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 89/552/EEC — Television broadcasting — Advertising spots — Transmission time)
Date: 2011-11-24
Institutions: Court of Justice
Subjects: advertising, broadcasting, regulation of telecommunications, television








C_2012025EN.01000302.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/3






Judgment of the Court (First Chamber) of 24 November 2011 — European Commission v Kingdom of Spain
(Case C-281/09) (1)

(Failure by a Member State to fulfil its obligations - Directive 89/552/EEC - Television broadcasting - Advertising spots - Transmission time)
(2012/C 25/04)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: L. Lozano Palacios and C. Vrignon, Agents)

Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)

Intervening party: United Kingdom of Great Britain and Northern Ireland, (represented by S. Behzadi-Spencer and S. Hathaway, Agents)

Re:

Failure by a Member State to fulfil its obligations — Infringement of Article 3(2) and Article 18(2) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23) — Transmission time granted to advertising spots

Operative part of the judgment

The Court:






1.


Declares that, by tolerating a situation in which the broadcasting of certain types of advertising, such as advertorials, telepromotion spots, sponsorship credits and micro-ads, on Spanish television channels has a duration which exceeds the maximum limit of 20 % of the transmission time within a clock hour, as laid down in Article 18(2) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and the Council of 30 June 1997, the Kingdom of Spain has failed to fulfil its obligations under Article 3(2) of that directive;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 256, 24.10.2009.
Case T-131/10: Judgment of the General Court of 24 November 2011 — Saupiquet v Commission (Customs duty — Repayment of import duties — Canned tuna originating in Thailand — Tariff quota — Opening date — Sunday — Exhaustion of quota — Article 239 of the Community Customs Code — Articles 308a to 308c of Regulation (EEC) No 2454/93 — Regulation (EC) No 975/2003)
Date: 2011-11-24
Institutions: General Court
Subjects: Thailand, customs drawback, customs duties, preserved product, sea fish, tariff quota








C_2012013EN.01001203.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/12





Judgment of the General Court of 24 November 2011 — Saupiquet v Commission
(Case T-131/10) (1)

(Customs duty - Repayment of import duties - Canned tuna originating in Thailand - Tariff quota - Opening date - Sunday - Exhaustion of quota - Article 239 of the Community Customs Code - Articles 308a to 308c of Regulation (EEC) No 2454/93 - Regulation (EC) No 975/2003)
2012/C 13/24
Language of the case: French

Parties


Applicant: Saupiquet (Courbevoie, France) (represented by: R. Ledru, lawyer)

Defendant: European Commission (represented by: B.-R. Killmann and L. Bouyon, Agents)

Re:

Application for annulment of Commission Decision C(2009) 10005 final of 16 December 2009 finding that the repayment to the applicant of import duties on cans of tuna originating in Thailand is not justified.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Saupiquet to pay the costs.






(1)  OJ C 148, 5.6.2010.
Prior notification of a concentration (Case COMP/M.6440 — Evonik Immobilien/THS/Herkules Projektgesellschaft) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-11-24
Institutions: European Commission
Subjects: economic concentration, merger control, property development, property leasing, real estate business








C_2011344EN.01001401.xml










24.11.2011   


EN


Official Journal of the European Union


C 344/14





Prior notification of a concentration
(Case COMP/M.6440 — Evonik Immobilien/THS/Herkules Projektgesellschaft)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 344/11






1.


On 16 November 2011, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Evonik Immobilien GmbH (‘Evonik Immobilien’, Germany), controlled by Evonik Industries AG (‘Evonik’, Germany), and THS GmbH (‘THS’, Germany), jointly controlled by Evonik Immobilien and Vermögensverwaltungs- und Treuhandgesellschaft Industriegewerkschaft Bergbau und Energie mbH, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Herkules Projektgesellschaft mbH (‘HPG’, Germany) in its new extended form.










2.


The business activities of the undertakings concerned are:






—


for Evonik Immobilien: owning, managing and letting residential properties; providing real-estate services,










—


for THS: owning, managing and letting residential properties; providing real-estate services,










—


for HPG: managing and letting residential properties, landscape contracting, modernising and maintaining residential and commercial properties, heating and water meters, and broadband and satellite communications technologies.














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.6440 — Evonik Immobilien/THS/Herkules Projektgesellschaft, 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’).