do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6427 — Hermes Europe/Armadillo Holding/B2C)  Text with EEA relevance
Date: 2011-12-08
Institutions: European Commission
Subjects: distributive trades, economic concentration, merger control, transport market








C_2011358EN.01000601.xml










8.12.2011   


EN


Official Journal of the European Union


C 358/6





Non-opposition to a notified concentration
(Case COMP/M.6427 — Hermes Europe/Armadillo Holding/B2C)
(Text with EEA relevance)
2011/C 358/03
On 2 December 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 32011M6427. EUR-Lex is the on-line access to the European law.
Case C-157/10: Judgment of the Court (First Chamber) of 8 December 2011 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Banco Bilbao Vizcaya Argentaria SA v Administración General del Estado (Free movement of capital — Corporation tax — Convention for the avoidance of double taxation — Prohibition of deducting tax due but not recovered in another Member State)
Date: 2011-12-08
Institutions: Court of Justice
Subjects: corporation tax, double taxation, financial institution, regions of Spain, tax relief








C_2012032EN.01000801.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/8





Judgment of the Court (First Chamber) of 8 December 2011 (reference for a preliminary ruling from the Tribunal Supremo — Spain) — Banco Bilbao Vizcaya Argentaria SA v Administración General del Estado
(Case C-157/10) (1)

(Free movement of capital - Corporation tax - Convention for the avoidance of double taxation - Prohibition of deducting tax due but not recovered in another Member State)
2012/C 32/12
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Banco Bilbao Vizcaya Argentaria SA

Defendant: Administración General del Estado

Re:

Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Articles 63 and 65 TFEU — Corporation tax — National legislation and convention on double taxation prohibiting the deduction of tax due but not recovered in other Member States for income obtained on their territory

Operative part of the judgment

Article 67 of the EEC Treaty and Article 1 of Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty (article repealed by the Treaty of Amsterdam) do not preclude national rules of a Member State, such as those at issue in the main proceedings, which, in the context of corporation tax and within the framework of provisions for the avoidance of double taxation, prohibit the deduction of amounts of tax due in other Member States of the European Union on income subject to corporation tax and obtained in their territory where those amounts, though due, are not paid by virtue of an exemption, a credit or any other tax benefit, in so far as those rules are not discriminatory as compared with the treatment applied to interest obtained in that Member State, it being for the national court to establish whether that is the case.


(1)  OJ C 179, 3.7.2010.
Case C-272/09 P: Judgment of the Court (Second Chamber) of 8 December 2011 — KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Market for copper industrial tubes — Fines — Size of the market, duration of the infringement and cooperation capable of being taken into consideration — Effective judicial remedy)
Date: 2011-12-08
Institutions: Court of Justice
Subjects: cartel, copper, fine, iron and steel industry, price agreement, tube








C_2012032EN.01000401.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/4





Judgment of the Court (Second Chamber) of 8 December 2011 — KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA v European Commission
(Case C-272/09 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy)
2012/C 32/06
Language of the case: English

Parties


Appellants: KME Germany AG, formerly KM Europa Metal AG, KME France SAS, formerly Tréfimétaux SA, KME Italy SpA, formerly Europa Metalli SpA (represented by: M. Siragusa, avvocato, A. Winckler, avocat, G. Rizza, avvocato, T. Graf, advokat, M. Piergiovanni, avvocato)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and J. Bourke, acting as Agents, C. Thomas, Solicitor)

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 6 May 2009 in Case T-127/04 KME Germany and Others v Commission, in which the Court dismissed an action seeking reduction of the fine imposed on the applicants by Commission Decision 2004/421/EC of 16 December 2003, relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes) (OJ 2004 L 125, p. 50) — Price-fixing and market-sharing — Actual impact on the market — Guidelines for calculating the amount of fines

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders KME Germany AG, KME France SAS and KME Italy SpA to pay the costs.






(1)  OJ C 220, 12.9.2009.
Case T-642/11 P: Appeal brought on 8 December 2011 by Harald Mische against the judgment of the Civil Service Tribunal of 29 September 2011 in Case F-93/05 Mische v Parliament
Date: 2011-12-08
Institutions: General Court
Subjects: European civil service, appointment of staff, indemnification, infringement of EU law, occupational status, staff assessment








C_2012049EN.01003002.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/30





Appeal brought on 8 December 2011 by Harald Mische against the judgment of the Civil Service Tribunal of 29 September 2011 in Case F-93/05 Mische v Parliament
(Case T-642/11 P)
2012/C 49/55
Language of the case: English

Parties


Appellant: Harald Mische (Brussels, Belgium) (represented by: R. Holland, J. Mische, and M. Velardo, lawyers)

Other parties to the proceedings: European Parliament, Council of the European Union

Form of order sought by the appellant







—


Set aside the judgment of the European Civil Service Tribunal of 29 September 2011 in Case F-93/05 Mische v Parliament and, to the extent possible based on the facts before the Court deliver judgment, and:










—


Annul the Parliament’s decision of 4 October 2004 in so far as it determines the appellant’s grading;










—


Order the Parliament to make good any damage caused (including damages to his career, legal and regular pay, immaterial damages, with default interest etc.);










—


Order the Parliament to pay the cost of these proceedings and those before the Civil Service Tribunal.





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 that the Civil Service Tribunal erred in declaring the action inadmissible for having been lodged out of time.










2.


Second plea in law, alleging that the Civil Service Tribunal erred in ruling that the action is inadmissible because it would not have been liable to procure any advantage to the appellant, and thus he did not have an interest in bringing the action.










3.


Third plea in law, alleging that the Civil Service Tribunal erroneously failed to rule on the pleas raised on the merits of the application, in particular the infringement of Article 41(3) of the Charter of Fundamental Rights of the European Union and/or of Article 5(5) of the Staff Regulations (1).






(1)  Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities (OJ 2004 L 124, p. 1)
Euro exchange rates
Date: 2011-12-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2011358EN.01000701.xml










8.12.2011   


EN


Official Journal of the European Union


C 358/7





Euro exchange rates (1)

7 December 2011
2011/C 358/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3377




JPY


Japanese yen


103,99




DKK


Danish krone


7,4345




GBP


Pound sterling


0,85745




SEK


Swedish krona


9,0149




CHF


Swiss franc


1,2413




ISK


Iceland króna


 




NOK


Norwegian krone


7,6935




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,328




HUF


Hungarian forint


300,23




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6978




PLN


Polish zloty


4,4715




RON


Romanian leu


4,3455




TRY


Turkish lira


2,4529




AUD


Australian dollar


1,3043




CAD


Canadian dollar


1,3517




HKD


Hong Kong dollar


10,3994




NZD


New Zealand dollar


1,7193




SGD


Singapore dollar


1,7211




KRW


South Korean won


1 512,52




ZAR


South African rand


10,8165




CNY


Chinese yuan renminbi


8,4905




HRK


Croatian kuna


7,5115




IDR


Indonesian rupiah


12 081,19




MYR


Malaysian ringgit


4,1850




PHP


Philippine peso


57,977




RUB


Russian rouble


41,8150




THB


Thai baht


41,255




BRL


Brazilian real


2,4018




MXN


Mexican peso


18,0790




INR


Indian rupee


69,1820






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.6235 — Honeywell/Sinochem/JV)  Text with EEA relevance
Date: 2011-12-08
Institutions: European Commission
Subjects: chemical product, economic concentration, merger control








C_2011358EN.01000602.xml










8.12.2011   


EN


Official Journal of the European Union


C 358/6





Non-opposition to a notified concentration
(Case COMP/M.6235 — Honeywell/Sinochem/JV)
(Text with EEA relevance)
2011/C 358/04
On 2 December 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 32011M6235. EUR-Lex is the on-line access to the European law.
Call for applications 2012 — Second programme of Community action in the field of health (2008-2013)  Text with EEA relevance
Date: 2011-12-08
Institutions: European Commission
Subjects: EU action, Member States' contribution, action programme, financing method, invitation to tender, public health








C_2011358EN.01005001.xml










8.12.2011   


EN


Official Journal of the European Union


C 358/50





Call for applications 2012
Second programme of Community action in the field of health (2008-2013)
(Text with EEA relevance)
2011/C 358/08
A call for applications ‘Health — 2012’ is launched today within the framework of the second programme of Community action in the field of health (2008-2013) (1).
This call for applications consists of the following parts:






—


a call for proposals for the award of a financial contribution to specific actions in the form of projects,










—


a call for proposals for the award of a financial contribution to specific actions in the form of conferences,










—


a call for proposals for the award of a financial contribution to the functioning of non-governmental bodies and specialised networks (operating grants),










—


an invitation to Member States and participating countries for submission of joint actions.




The deadline for submissions of the proposals under each call is 9 March 2012.
All the information, including the Commission Decision of 1 December 2011 on the adoption of the work plan for 2012 for the implementation of the second programme of Community action in the field of health (2008-2013), and on the selection, award and other criteria for financial contributions to the actions of this programme (2), are available on the website of the Executive Agency for Health and Consumers at the following address:
http://ec.europa.eu/eahc


(1)  Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-2013) (OJ L 301, 20.11.2007, p. 3).

(2)  See page 8 of this Official Journal.
Case T-586/10: Judgment of the General Court of 8 December 2011 — Aktieselskabet af 21. november 2001 v OHIM — Parfums Givenchy (only givenchy) (Community trade mark — Opposition proceedings — Application for Community figurative mark ‘only givenchy’ — Earlier Community and national word marks ONLY — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Reputation — Article 8(5) of Regulation No 207/2009)
Date: 2011-12-08
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2012025EN.01005002.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/50






Judgment of the General Court of 8 December 2011 — Aktieselskabet af 21. november 2001 v OHIM — Parfums Givenchy (only givenchy)
(Case T-586/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ‘only givenchy’ - Earlier Community and national word marks ONLY - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Reputation - Article 8(5) of Regulation No 207/2009)
(2012/C 25/97)
Language of the case: English

Parties


Applicant: Aktieselskabet af 21. november 2001 (Brande, Denmark) (represented by: C. Barrett Christiansen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Parfums Givenchy SA (Levallois-Perret, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 October 2010 (Case R 1556/2009-2) concerning opposition proceedings between Aktieselskabet af 21. november 2001 and Parfums Givenchy SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Aktieselskabet af 21. november 2001 to pay the costs.






(1)  OJ C 80, 12.3.2011.
Case C-275/10: Judgment of the Court (First Chamber) of 8 December 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Residex Capital IV CV v Gemeente Rotterdam (Article 88(3) EC — State aid — Aid granted in the form of a guarantee to a lender for the purpose of enabling the latter to grant a loan to a borrower — Infringement of procedural rules — Obligation to recover — Nullity — Powers of the national court)
Date: 2011-12-08
Institutions: Court of Justice
Subjects: State aid, control of State aid, credit guarantee, loan








C_2012032EN.01000802.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/8





Judgment of the Court (First Chamber) of 8 December 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Residex Capital IV CV v Gemeente Rotterdam
(Case C-275/10) (1)

(Article 88(3) EC - State aid - Aid granted in the form of a guarantee to a lender for the purpose of enabling the latter to grant a loan to a borrower - Infringement of procedural rules - Obligation to recover - Nullity - Powers of the national court)
2012/C 32/13
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Residex Capital IV CV

Defendant: Gemeente Rotterdam

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — State aid — Interpretation of Art. 108(3) TFEU — Aid granted in the form of a guarantee to a lender, enabling it to grant a loan to a borrower — Infringement of procedural rules — Jurisdiction of the national courts

Operative part of the judgment

The last sentence of Article 88(3) EC must be interpreted as meaning that the national courts have jurisdiction to cancel a guarantee in a situation such as that in the main proceedings, in which unlawful aid was implemented by means of a guarantee provided by a public authority in order to cover a loan granted by a finance company to an undertaking which would not have been able to secure such financing under normal market conditions. When exercising that jurisdiction, those courts are required to ensure that the aid is recovered and, to that end, they can cancel the guarantee, in particular where, in the absence of less onerous procedural measures, that cancellation is such as to lead to or facilitate the restoration of the competitive situation which existed before that guarantee was provided.


(1)  OJ C 246, 11.9.2010.