do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6585 — CNP Assurances/SwissLife France/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-05-04
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control








C_2012129EN.01001801.xml










4.5.2012   


EN


Official Journal of the European Union


C 129/18





Prior notification of a concentration
(Case COMP/M.6585 — CNP Assurances/SwissLife France/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 129/06






1.


On 24 April 2012, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings CNP Assurances (‘CNP’, France) and SwissLife France (‘SwissLife France’, France), belonging to the SwissLife group (‘SwissLife’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Filassistance International (‘Filassistance International’, France) and Garantie Assistance (‘Garantie Assistance’, France) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


CNP: personal insurance, active in the areas of savings and life assurance, pensions and personal risk and present in the long-term care and personal services markets,










—


SwissLife France: life assurance, healthcare, personal risk, pensions, asset management,










—


SwissLife: offers to both private individuals and corporate clients comprehensive advice and a wide range of products in the areas of personal risk and life assurance, through its network of tied agents, brokers and banks,










—


Filassistance International: assistance business,










—


Garantie Assistance: assistance business.














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.6585 — CNP Assurances/SwissLife France/JV, 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’).
Commission Regulation (EU) No 406/2012 of 4 May 2012 establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of France
Date: 2012-05-04
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, catch quota, fishing rights, sea fish, ship's flag








L_2012125EN.01002701.xml










12.5.2012   


EN


Official Journal of the European Union


L 125/27








            COMMISSION REGULATION (EU) No 406/2012
of 4 May 2012
         
establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of France


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 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (2), lays down quotas for 2012.












(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 2012.












(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 2012 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 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, 4 May 2012.


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 25, 27.1.2012, p. 1.




ANNEX






No


2/T&Q




Member State


France




Stock


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Date


18 January 2012
Euro exchange rates
Date: 2012-05-04
Institutions: European Commission
Subjects: euro, exchange rate








C_2012129EN.01000201.xml










4.5.2012   


EN


Official Journal of the European Union


C 129/2





Euro exchange rates (1)

3 May 2012
2012/C 129/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3123




JPY


Japanese yen


105,49




DKK


Danish krone


7,4378




GBP


Pound sterling


0,81125




SEK


Swedish krona


8,8713




CHF


Swiss franc


1,2014




ISK


Iceland króna


 




NOK


Norwegian krone


7,5405




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,933




HUF


Hungarian forint


283,18




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6989




PLN


Polish zloty


4,1629




RON


Romanian leu


4,4060




TRY


Turkish lira


2,3125




AUD


Australian dollar


1,2762




CAD


Canadian dollar


1,2917




HKD


Hong Kong dollar


10,1823




NZD


New Zealand dollar


1,6371




SGD


Singapore dollar


1,6307




KRW


South Korean won


1 482,52




ZAR


South African rand


10,1540




CNY


Chinese yuan renminbi


8,2473




HRK


Croatian kuna


7,5170




IDR


Indonesian rupiah


12 139,98




MYR


Malaysian ringgit


3,9796




PHP


Philippine peso


55,365




RUB


Russian rouble


38,7824




THB


Thai baht


40,576




BRL


Brazilian real


2,5340




MXN


Mexican peso


17,0073




INR


Indian rupee


70,1100






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EU) No 405/2012 of 4 May 2012 establishing a prohibition of fishing for northern prawn in Norwegian waters south of 62° N by vessels flying the flag of Sweden
Date: 2012-05-04
Institutions: European Commission
Subjects: EU waters, Norwegian Sea, Sweden, catch quota, crustacean, fishing rights, ship's flag








L_2012125EN.01002501.xml










12.5.2012   


EN


Official Journal of the European Union


L 125/25








            COMMISSION REGULATION (EU) No 405/2012
of 4 May 2012
         
establishing a prohibition of fishing for northern prawn in Norwegian waters south of 62° N by vessels flying the flag of Sweden


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 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2012.












(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 2012.












(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 2012 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 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, 4 May 2012.


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 25, 27.1.2012, p. 55.




ANNEX






No


3/T&Q




Member State


Sweden




Stock


PRA/04-N.




Species


Northern prawn (Pandalus borealis)




Zone


Norwegian waters south of 62° N




Date


9 March 2012
Call for competition for the selection of the T2S Board non-central bank members and the creation of a reserve list — Ref. 21016/T2S/2011
Date: 2012-05-04
Institutions: European Central Bank
Subjects: administrative competition, appointment of members, board of management, central bank








C_2012129EN.01000801.xml










4.5.2012   


EN


Official Journal of the European Union


C 129/8





Call for competition for the selection of the T2S Board non-central bank members and the creation of a reserve list
Ref. 21016/T2S/2011
2012/C 129/04
With this call for competition, the European Central Bank (ECB) is launching the process for the selection of the T2S Board non-central bank members and the creation of a reserve list.
1.   Background information

In line with the Treaty and the Statute of the European System of Central Banks and of the European Central Bank, the Eurosystem will offer its T2S services to CSDs in Europe. The overall objective of T2S is to facilitate post-trading integration by supporting core, borderless and neutral pan-European cash and securities settlement in central bank money so that CSDs can provide their customers with harmonised and commoditised settlement services in an integrated technical environment with cross-border capabilities.
It is foreseen that the T2S Board will include members who will provide the perspective of the clients/users of T2S services without being associated to any specific client/user (i.e. non-central bank members). These members will not have a voting right.
The European Central Bank (ECB) organises this call for competition to appoint non-central bank members for the T2S Board and create a reserve list for replacement.
2.   Place of execution/performance of the works

The place of provision of services is mainly at the ECB premises, Frankfurt am Main, Germany, and involves travel to other European locations.
3.   Type of procedure: call for competition

The ECB invites applications with a view to selecting two candidates as members of the T2S Board and to create a reserve list for replacement. The selection is solely based on the quality of the offers received.
The procedure shall be governed by Annex IV to Decision ECB/2012/6 of 29 March 2012 on the establishment of the TARGET2-Securities Board and repealing Decision ECB/2009/6.
4.   Complete documentation

The complete documentation (in English version) laying down, inter alia, the criteria for the inclusion on the list and the conditions for submission of applications can be downloaded from the ECB website under the following link:
http://www.ecb.europa.eu/paym/t2s/about/spotlight/html/t2s_spotlight_061.en.html
Case T-529/09: Judgment of the General Court of 4 May 2012 — In ’t Veld v Council (Access to documents — Regulation (EC) No 1049/2001 — Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement — Partial refusal to grant access — Exception relating to the protection of the public interest in the field of international relations — Exception relating to the protection of legal advice — Specific and foreseeable threat to the interest in question — Overriding public interest)
Date: 2012-05-04
Institutions: General Court
Subjects: United States, access to EU information, data protection, financial transaction, negotiation of an agreement (EU), terrorism








C_2012184EN.01000901.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/9





Judgment of the General Court of 4 May 2012 — In ’t Veld v Council
(Case T-529/09) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement - Partial refusal to grant access - Exception relating to the protection of the public interest in the field of international relations - Exception relating to the protection of legal advice - Specific and foreseeable threat to the interest in question - Overriding public interest)
2012/C 184/14
Language of the case: English

Parties


Applicant: Sophie in ’t Veld (Brussels (Belgium)) (represented by: O. Brouwer and J. Blockx, lawyers)

Defendant: Council of the European Union (represented by: initially by M. Bauer, C. Fekete and O. Petersen, and subsequently by M. Bauer and C. Fekete, acting as Agents)

Intervener in support of the defendant: European Commission, (represented by: C. O’Reilly and P. Costa de Oliveira, acting as Agents)

Re:

Application for annulment of the Council’s decision of 29 October 2009 refusing full access to document 11897/09 of 9 July 2009 containing an opinion of the Council’s Legal Service entitled ‘Recommendation from the Commission to the Council to authorise the opening of negotiations between the European Union and the United States of America for an international agreement to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorist financing — Legal basis’.

Operative part of the judgment

The Court:






1.


Annuls the Council’s decision of 29 October 2009 insofar as it refuses access to the undisclosed parts of document 11897/09 other than those which concern the specific content of the envisaged agreement or the negotiating directives;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 80, 27.3.2010.
Case C-236/12: Reference for a preliminary ruling from the Tribunalul Argeș (Romania) lodged on 4 May 2012 — Comisariatul Județean pentru Protecția Consumatorilor Argeș v SC Volksbank România SA, SC Volksbank România SA — Sucursala Pitești, Alin Iulian Matei, Petruța Florentina Matei
Date: 2012-05-04
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, cost of borrowing, real estate credit, unfair terms of contract








C_2012235EN.01000604.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/6





Reference for a preliminary ruling from the Tribunalul Argeș (Romania) lodged on 4 May 2012 — Comisariatul Județean pentru Protecția Consumatorilor Argeș v SC Volksbank România SA, SC Volksbank România SA — Sucursala Pitești, Alin Iulian Matei, Petruța Florentina Matei
(Case C-236/12)
2012/C 235/12
Language of the case: Romanian

Referring court

Tribunalul Argeș

Parties to the main proceedings


Appellant: Comisariatul Județean pentru Protecția Consumatorilor Argeș

Respondents: SC Volksbank România SA, SC Volksbank România SA — Sucursala Pitești, Alin Iulian Matei, Petruța Florentina Matei

Question referred

Having regard to the fact that, in accordance with Article 4(2) of Directive 93/13/EEC, (1) assessment of the unfair nature of contractual terms must relate neither to the definition of the main subject-matter of the agreement nor to the adequacy [sic] of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, in so far as these terms are in plain intelligible language,
and
given that, under Article 2(2)(a) of Directive 2008/48/EC, (2) the definition provided in Article 3(g) of that directive of ‘the total cost of the credit to the consumer’, which includes all the fees which the consumer is required to pay in connection with the credit agreement, does not apply for the purposes of determining the subject-matter of a credit agreement secured by a mortgage,
can the concepts of ‘main subject-matter’ and/or of ‘price’, to which Article 4(2) of Directive 93/13/EEC refers, be interpreted as also covering, among the elements which make up the consideration owed to the credit institution, the global effective annual rate of a credit agreement, formed in particular of the interest rate, whether fixed or variable, the bank charges and other costs included and defined in the agreement?


(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993, L 95, p. 29).

(2)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008, L 133, p. 66).
Case T-344/10: Order of the General Court of 4 May 2012 — UPS Europe and United Parcel Service Deutschland v Commission (State aid — Absence of a decision to close the procedure provided for by Article 88(2) EC — Action for failure to act — Locus standi — Admissibility)
Date: 2012-05-04
Institutions: General Court
Subjects: Germany, State aid, control of State aid, postal service








C_2012184EN.01001301.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/13





Order of the General Court of 4 May 2012 — UPS Europe and United Parcel Service Deutschland v Commission
(Case T-344/10) (1)

(State aid - Absence of a decision to close the procedure provided for by Article 88(2) EC - Action for failure to act - Locus standi - Admissibility)
2012/C 184/23
Language of the case: English

Parties


Applicants: UPS Europe NV/SA (Brussels, Belgium); and United Parcel Service Deutschland Inc. & Co. OHG (Neuss, Germany) (represented by: T. Ottervanger and E. Henny, lawyers)

Defendant: European Commission (represented by: L. Flynn and D. Grespan, acting as Agents)

Intervener in support of the defendant: Deutsche Post AG (represented by: J. Sedemund, T. Lübbig and M. Klasse, lawyers)

Re:

Action for failure to act, seeking a declaration that the Commission unlawfully failed to take a decision, within a reasonable period, in the procedure provided for in Article 88(2) EC, initiated on 12 September 2007, concerning the State aid granted by the German authorities to Deutsche Post AG (aid C 36/07 (ex NN 25/07)

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


UPS Europe NV/SA and United Parcel Service Deutschland Inc. & Co. OHG shall bear their own costs and pay those incurred by the European Commission.










3.


Deutsche Post AG shall bear its own costs






(1)  OJ C 288, 23.10.2010.
Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2012/237/CFSP and in Council Regulation (EU) No 377/2012 against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply
Date: 2012-05-04
Institutions: Council of the European Union
Subjects: Guinea-Bissau, capital movement, economic sanctions, international sanctions, peacekeeping, public safety








C_2012129EN.01000101.xml










4.5.2012   


EN


Official Journal of the European Union


C 129/1





Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2012/237/CFSP and in Council Regulation (EU) No 377/2012 against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply
2012/C 129/01
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2012/237/CFSP (1) and in Annex I to Council Regulation (EU) No 377/2012 (2).
The Council of the European Union has determined that the persons that appear in the above-mentioned Annexes should be included in the lists of persons which are subject to the restrictive measures provided for in Council Decision 2012/237/CFSP and in Council Regulation (EU) No 377/2012.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EU) No 377/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, to:





Council of the European Union




DG C Coordination




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 119, 4.5.2012, p. 43.

(2)  OJ L 119, 4.5.2012, p. 1.