do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6531 — Toshiba/HDD assets of Western Digital) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-03-07
Institutions: European Commission
Subjects: economic concentration, electronics industry, information technology industry, merger control








C_2012069EN.01000701.xml










7.3.2012   


EN


Official Journal of the European Union


C 69/7





Prior notification of a concentration
(Case COMP/M.6531 — Toshiba/HDD assets of Western Digital)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 69/05






1.


On 28 February 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Toshiba Corporation (‘Toshiba’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of certain tangible and intangible assets for the production of 3,5′′ hard disk drives (collectively, the ‘Divestment Business’) by way of purchase of assets from Western Digital Corporation (‘WD’, US).










2.


The business activities of the undertakings concerned are:






—


for Toshiba: research, development, production, distribution, and sales of a wide range of products and services on a global basis in four business domains: (i) digital products, (ii) electronic devices, including hard disk drives, (iii) social infrastructure and home appliances,










—


for the Divestment Business: production of 3,5′′ hard disk drives for desktop, consumer electronics and business critical end uses.














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.6531 — Toshiba/HDD assets of Western Digital, 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’).
Non-opposition to a notified concentration (Case COMP/M.6480 — PetroFina/Fina Antwerp Olefins)  Text with EEA relevance
Date: 2012-03-07
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control








C_2012069EN.01000101.xml










7.3.2012   


EN


Official Journal of the European Union


C 69/1





Non-opposition to a notified concentration
(Case COMP/M.6480 — PetroFina/Fina Antwerp Olefins)
(Text with EEA relevance)
2012/C 69/01
On 24 February 2012, 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 32012M6480. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6249 — Princes/ARIA)  Text with EEA relevance
Date: 2012-03-07
Institutions: European Commission
Subjects: economic concentration, food industry, merger control








C_2012069EN.01000801.xml










7.3.2012   


EN


Official Journal of the European Union


C 69/8





Prior notification of a concentration
(Case COMP/M.6249 — Princes/ARIA)
(Text with EEA relevance)
2012/C 69/06






1.


On 29 February 2012, 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 Princes Limited (‘Princes’, United Kingdom), controlled by Mitsubishi Corporation (‘Mitsubishi’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of certain assets, and trade currently controlled by AR Industrie Alimentari SpA (‘ARIA’, Italy) by way of purchase of shares in a newly created company, Princes Industrie Alimentari S.r.L. (‘PIA’, Italy).










2.


The business activities of the undertakings concerned are:






—


for Princes: production, marketing and distribution of food and drink products,










—


for Mitsubishi: general trading company active in various industries including energy, metals, machinery, chemicals, food and general merchandise,










—


for PIA: production, marketing and distribution of food products, principally based on tomatoes.














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.6249 — Princes/ARIA, 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’).
Commission Implementing Regulation (EU) No 185/2012 of 7 March 2012 entering a name in the register of protected designations of origin and protected geographical indications [Armagh Bramley Apples (PGI)]
Date: 2012-03-07
Institutions: European Commission
Subjects: United Kingdom, designation of origin, pip fruit, product designation








L_2012069EN.01000101.xml










8.3.2012   


EN


Official Journal of the European Union


L 69/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 185/2012
of 7 March 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Armagh Bramley Apples (PGI)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, the United Kingdom’s application to register the name ‘Armagh Bramley Apples’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of 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, 7 March 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 185, 25.6.2011, p. 18.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

UNITED KINGDOM
Armagh Bramley Apples (PGI)
Case T-210/02 RENV: Judgment of the General Court of 7 March 2012 — British Aggregates v Commission (State aid — Environmental tax on aggregates in the United Kingdom — Commission decision not to raise objections — Advantage — Selective nature)
Date: 2012-03-07
Institutions: General Court
Subjects: Northern Ireland, State aid, United Kingdom, control of State aid, environmental tax, mineral resources, tax exemption








C_2012118EN.01002101.xml










21.4.2012   


EN


Official Journal of the European Union


C 118/21





Judgment of the General Court of 7 March 2012 — British Aggregates v Commission
(Case T-210/02 RENV) (1)

(State aid - Environmental tax on aggregates in the United Kingdom - Commission decision not to raise objections - Advantage - Selective nature)
2012/C 118/33
Language of the case: English

Parties


Applicant: British Aggregates Association (Lanark, United Kingdom) (represented by: C. Pouncey, J. Coombes, Solicitors, and L. Van den Hende, lawyer)

Defendant: European Commission (represented by: M. Afonso, J. Flett and B. Martenczuk, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by: T. Harris, and subsequently by S. Ossowski, acting as Agents, and by M. Hall and G. Facenna, Barristers)

Re:

Application for partial annulment of Commission Decision C(2002) 1478 final of 24 April 2002 on State aid file N 863/01 — United Kingdom/Aggregates Levy.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2002) 1478 final of 24 April 2002 on State aid file N 863/01 — United Kingdom/Aggregates Levy, save as regards the exemption for Northern Ireland;










2.


Orders the European Commission to bear its own costs and to pay those incurred by the British Aggregates Association before the Court of Justice and the General Court;










3.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs incurred before the Court of Justice and the General Court.






(1)  OJ C 219, 14.9.2002.
Prior notification of a concentration (Case COMP/M.6305 — DFDS/C.RO Ports/Älvsborg Ro/Ro)  Text with EEA relevance
Date: 2012-03-07
Institutions: European Commission
Subjects: economic concentration, harbour installation, maritime transport, merger control








C_2012069EN.01000601.xml










7.3.2012   


EN


Official Journal of the European Union


C 69/6





Prior notification of a concentration
(Case COMP/M.6305 — DFDS/C.RO Ports/Älvsborg Ro/Ro)
(Text with EEA relevance)
2012/C 69/04






1.


On 27 February 2012, 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 DFDS A/S (‘DFDS’, Denmark) and C.RO Ports SA (‘C.RO Ports’, Luxemburg), acquire within the meaning of Article 3(1) (b) of the Merger Regulation joint control of Älvsborg Ro/Ro AB (‘Älvsborg’, Sweden) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


DFDS is active in short sea/ferry transport in Northern Europe, including Ro-Ro and container shipping, terminal services (in Norway, Denmark, the United Kingdom, France and the Netherlands), passenger transport services and trailer services, contract logistics and freight forwarding,










—


C.RO Ports provides Ro-Ro terminal services (in the United Kingdom, Belgium and the Netherlands). It belongs to the same ownership as CLdN Lignes Régulières SA, which operates a network of Ro-Ro shipping services,










—


Älvsborg provides Ro-Ro terminal services at the Port of Gothenburg in Sweden.














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.6305 — DFDS/C.RO Ports/Älvsborg Ro/Ro, 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.6470 — TE/Deutsch)  Text with EEA relevance
Date: 2012-03-07
Institutions: European Commission
Subjects: economic concentration, electrical engineering, electronics industry, mechanical engineering, merger control








C_2012069EN.01000901.xml










7.3.2012   


EN


Official Journal of the European Union


C 69/9





Prior notification of a concentration
(Case COMP/M.6470 — TE/Deutsch)
(Text with EEA relevance)
2012/C 69/07






1.


On 27 February 2012, 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 TE Connectivity Ltd (2) (‘TE’, Switzerland) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Deutsch Group SAS (‘Deutsch’, France) by way of purchase of securities.










2.


The business activities of the undertakings concerned are:






—


for TE: design, manufacture and marketing of electronic products to customers in a broad array of industries including automotive, non-automotive transportation, industrial and defence,










—


for Deutsch: manufacture of a variety of interconnection solutions for a range of industries including defence, offshore oil and gas and non-automotive transportation.














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.6470 — TE/Deutsch, 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)  Previously known as Tyco Electronics Ltd, the company changed its name to TE Connectivity in March 2011.
Case T-111/12: Action brought on 7 March 2012 — Spain v Commission
Date: 2012-03-07
Institutions: General Court
Subjects: Cohesion Fund, EU aid, Spain, infringement of EU law, waste management








C_2012126EN.01002401.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/24





Action brought on 7 March 2012 — Spain v Commission
(Case T-111/12)
2012/C 126/46
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: A. Rubio González)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul Commission Decision C(2011) 9990 of 22 December 2011 reducing the assistance from the Cohesion Fund granted to the following projects: ‘Management of waste by the Autonomous Community of Extremadura — 2001’ (CCI No 2001.ES.16.C.PE.043); ‘Drainage and water supply in the Douro river basin — 2001’ (CCI No 2000.ES.16.C.PE.070); ‘Management of Waste by the Autonomous Community of Valencia — 2011 — Group II’ (CCI No 2001.ES.16.C.PE.026); and ‘Waste-water disposal and treatment in Bierzo Bajo’ (CCI No. 2000.ES.16.C.PE.036);










—


order the European Commission to pay the costs.





Pleas in law and main arguments

In support of its action, the applicant relies on pleas in law essentially identical to those already raised in Case T-109/12 Spain v Commission.
The applicant alleges, in particular, a failure to state reasons with regard to the application of the principle of proportionality under Article H.2 of Annex II of Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (OJ 1994 L 130 p. 1), since the Commission simply referred to the document ‘Guidelines for determining financial corrections to [be made to expenditure cofinanced by the structural funds or the cohesion fund for non-compliance with the rules on] public procurement’ — presented to the Member States at the Coordination Committee of the Funds of 28 November 2007 — even though that document does not analyse the reasons which could justify setting the flat-rate correction percentages set out therein.
Commission Implementing Regulation (EU) No 187/2012 of 7 March 2012 entering a name in the register of protected designations of origin and protected geographical indications [Tolminc (PDO)]
Date: 2012-03-07
Institutions: European Commission
Subjects: Slovenia, cows’ milk cheese, designation of origin, hard cheese, product designation








L_2012069EN.01000501.xml










8.3.2012   


EN


Official Journal of the European Union


L 69/5








            COMMISSION IMPLEMENTING REGULATION (EU) No 187/2012
of 7 March 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Tolminc (PDO)]


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Slovenia's application to register the name ‘Tolminc’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of 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, 7 March 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 185, 25.6.2011, p. 14.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

SLOVENIA
Tolminc (PDO)
Commission Implementing Regulation (EU) No 191/2012 of 7 March 2012 fixing the import duties applicable to certain husked rice from 8 March 2012
Date: 2012-03-07
Institutions: European Commission
Subjects: CCT duties, common organisation of markets, import (EU), rice








L_2012069EN.01001201.xml










8.3.2012   


EN


Official Journal of the European Union


L 69/12








            COMMISSION IMPLEMENTING REGULATION (EU) No 191/2012
of 7 March 2012
         
fixing the import duties applicable to certain husked rice from 8 March 2012
         


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 137 thereof,

Whereas:







(1)


On the basis of the information provided by the competent authorities, the Commission notes that import licences for husked rice falling within CN code 1006 20 , other than import licences for basmati rice, were issued in respect of 143 798 tonnes for the period from 1 September 2011 to 29 February 2012. The import duty for husked rice falling within CN code 1006 20  other than basmati rice, fixed by Commission Implementing Regulation (EU) No 903/2011 (2), should therefore be adjusted.












(2)


The applicable duty must be fixed within 10 days of the end of the period mentioned above. This Regulation should therefore enter into force immediately,





HAS ADOPTED THIS REGULATION:



Article 1
The import duty for husked rice falling within CN code 1006 20  shall be EUR 30 per tonne.


Article 2
This Regulation shall enter into force on the day of 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, 7 March 2012.


For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 231, 8.9.2011, p. 21.