do-me/EUR-LEX huggingface dataset:
Case T-520/09: Judgment of the General Court of 10 July 2012 — TF1 and Others v Commission (State aid — Public service broadcasting — Aid intended to be granted by the French Republic to France Télévisions — Budgetary grant for 2009 — Decision not to raise objections — Service of general economic interest — Criterion of proportionality — No serious difficulties)
Date: 2012-07-10
Institutions: General Court
Subjects: France, State aid, broadcasting, principle of proportionality, public service








C_2012250EN.01001202.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/12





Judgment of the General Court of 10 July 2012 — TF1 and Others v Commission
(Case T-520/09) (1)

(State aid - Public service broadcasting - Aid intended to be granted by the French Republic to France Télévisions - Budgetary grant for 2009 - Decision not to raise objections - Service of general economic interest - Criterion of proportionality - No serious difficulties)
2012/C 250/21
Language of the case: French

Parties


Applicants: Télévision française 1 (TF1) (Boulogne-Billancourt, France); Métropole télévision (M6) (Neuilly-sur-Seine, France); and Canal + (Issy-les-Moulineaux, France) (represented by: J.P. Hordies and C. Smits, lawyers)

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

Interveners in support of the defendant: French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents); and France Télévisions (Paris, France) (represented by: J.P. Gunther and A. Giraud, lawyers)

Re:

Application for annulment of the Commission’s decision of 1 September 2009 concerning a budgetary grant in favour of France Télévisions in so far as the Commission raises no objections in that decision regarding a budgetary grant of a maximum amount of EUR 450 million for 2009.

Operative part of the judgment

The Court:






1.


Dismisses the action as unfounded;










2.


Orders Télévision française 1 (TF1), Métropole télévision (M6) and Canal + to bear their own costs and to pay those incurred by the European Commission and France Télévisions;










3.


Orders the French Republic to bear its own costs.






(1)  OJ C 80, 27.3.2010.
Prior notification of a concentration (Case COMP/M.6672 — HHR Euro C.V./Starwood/Le Meridien Nuremberg) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-07-10
Institutions: European Commission
Subjects: economic concentration, hotel industry, merger control








C_2012202EN.01000901.xml










10.7.2012   


EN


Official Journal of the European Union


C 202/9





Prior notification of a concentration
(Case COMP/M.6672 — HHR Euro C.V./Starwood/Le Meridien Nuremberg)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 202/07






1.


On 5 July 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(s) HHR Euro C.V. (‘HHR’, the Netherlands) and Starwood Hotels & Resorts Worldwide, Inc. (‘Starwood’, United State of America) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Le Meridien Grand Hotel Nuremberg (‘Le Meridien’, Germany) by way of purchase of shares and, respectively, by contract of management.










2.


The business activities of the undertakings concerned are:






—


HHR: acquisition, ownership and investment in, and disposition of hotel real estate located in Europe,










—


Starwood: global hotel and leisure company which owns, manages and franchises hotels worldwide,










—


Le Meridian: hotel accommodation in Nuremberg.














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.6672 — HHR Euro C.V./Starwood/Le Meridien Nuremberg, 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’).
Case T-506/10: Order of the General Court of 10 July 2012 — RTI and Elettronica Industriale v Commission
Date: 2012-07-10
Institutions: General Court
Subjects: Italy, common market, dominant position, economic concentration, pay television, principle of proportionality








C_2012273EN.01002303.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/23





Order of the General Court of 10 July 2012 — RTI and Elettronica Industriale v Commission
(Case T-506/10) (1)

2012/C 273/41
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 346, 18.12.2010.
Case C-332/12: Action brought on 10 July 2012 — European Commission v Republic of Poland
Date: 2012-07-10
Institutions: Court of Justice
Subjects: maritime safety, maritime transport, national implementing measure, transport accident








C_2012287EN.01002402.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/24





Action brought on 10 July 2012 — European Commission v Republic of Poland
(Case C-332/12)
2012/C 287/45
Language of the case: Polish

Parties


Applicant: European Commission (represented by: P. Hetsch, L. Nicolae and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council, (1) and in any event by not informing the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 25 of that directive;










—


impose on the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to comply with the obligation to notify measures transposing Directive 2009/18, at a daily rate of EUR 56 095,20 and payable from the date on which judgment is delivered in the present case;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period for transposition of the directive expired on 17 June 2011.


(1)  OJ 2009 L 131, p. 114.
Initiation of proceedings (Case COMP/M.6497 — Hutchison 3G Austria/Orange Austria)  Text with EEA relevance
Date: 2012-07-10
Institutions: European Commission
Subjects: economic concentration, holding company, merger control, mobile phone








C_2012202EN.01000401.xml










10.7.2012   


EN


Official Journal of the European Union


C 202/4





Initiation of proceedings
(Case COMP/M.6497 — Hutchison 3G Austria/Orange Austria)
(Text with EEA relevance)
2012/C 202/04
On 28 June 2012, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 / 2967244) or by post, under reference COMP/M.6497 — Hutchison 3G Austria/Orange Austria, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË
Corrigendum to Council Implementing Decision 2011/344/EU of 30 May 2011 on granting Union financial assistance to Portugal ( OJ L 159, 17.6.2011 )
Date: 2012-07-10
Institutions: Council of the European Union
Subjects: Community loan, European Central Bank, Portugal, administrative reform, banking system, educational reform, financial intervention, financial planning, judicial reform, public debt, short-term monetary support, stability programme, tax reform








L_2012178EN.01001501.xml










10.7.2012   


EN


Official Journal of the European Union


L 178/15







Corrigendum to Council Implementing Decision 2011/344/EU of 30 May 2011 on granting Union financial assistance to Portugal
(
Official Journal of the European Union L 159 of 17 June 2011
)

The title on the contents page and on page 88:
for:


                        ‘Council Implementing Decision of 30 May 2011 on granting Union financial assistance to Portugal’,

read:


                        ‘Council Implementing Decision of 17 May 2011 on granting Union financial assistance to Portugal’;

on page 92, place and date of signature:
for:


                     ‘Done at Brussels, 30 May 2011.’,

read:


                     ‘Done at Brussels, 17 May 2011.’;

on page 92, signature:
for:


                  ‘
                  CSÉFALVAY Z.’,

read:


                  ‘
                  MATOLCSKY G.’.
Case C-327/12: Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 10 July 2012 — Ministero dello Sviluppo Economico and Autorità per la vigilanza sui Contratti Pubblici di lavori, servizi e forniture v Soa Nazionale Costruttori
Date: 2012-07-10
Institutions: Court of Justice
Subjects: Community certification, competition, interpretation of the law, price list








C_2012295EN.01001901.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/19





Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 10 July 2012 — Ministero dello Sviluppo Economico and Autorità per la vigilanza sui Contratti Pubblici di lavori, servizi e forniture v Soa Nazionale Costruttori
(Case C-327/12)
2012/C 295/32
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Ministero dello Sviluppo Economico and Autorità per la vigilanza sui contratti pubblici di lavori, servizi e forniture

Defendant: Soa Nazionale Costruttori — Organismo di Attestazione Spa

Question referred

Do the principles of Community competition law and Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union preclude the application of the tariffs laid down by Presidential Decree No 34 of 25 January 2000 and by Presidential Decree No 207 of 5 October 2010 for the attestation activities carried out by [a specific category of company, namely,] the società organismi di attestazione (SOAs)?
2012/378/EU: Council Decision of 10 July 2012 appointing a Spanish alternate member of the Committee of the Regions
Date: 2012-07-10
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2012182EN.01004101.xml










13.7.2012   


EN


Official Journal of the European Union


L 182/41








            COUNCIL DECISION
         
of 10 July 2012
         
appointing a Spanish alternate member of the Committee of the Regions
(2012/378/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


An alternate member’s seat has become vacant following the end of the term of office of Mr Francisco DE LA TORRE PRADO,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






—


Mr Fernando MARTÍNEZ MAILLO, Presidente de la Diputación de Zamora.






Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 10 July 2012.


For the Council


The President

V. SHIARLY
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Euro exchange rates
Date: 2012-07-10
Institutions: European Commission
Subjects: euro, exchange rate








C_2012202EN.01000501.xml










10.7.2012   


EN


Official Journal of the European Union


C 202/5





Euro exchange rates (1)

9 July 2012
2012/C 202/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2293




JPY


Japanese yen


97,81




DKK


Danish krone


7,4387




GBP


Pound sterling


0,79360




SEK


Swedish krona


8,6225




CHF


Swiss franc


1,2010




ISK


Iceland króna


 




NOK


Norwegian krone


7,4965




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,536




HUF


Hungarian forint


289,61




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6962




PLN


Polish zloty


4,2333




RON


Romanian leu


4,5340




TRY


Turkish lira


2,2441




AUD


Australian dollar


1,2082




CAD


Canadian dollar


1,2554




HKD


Hong Kong dollar


9,5332




NZD


New Zealand dollar


1,5484




SGD


Singapore dollar


1,5631




KRW


South Korean won


1 404,59




ZAR


South African rand


10,1986




CNY


Chinese yuan renminbi


7,8336




HRK


Croatian kuna


7,4958




IDR


Indonesian rupiah


11 582,42




MYR


Malaysian ringgit


3,9194




PHP


Philippine peso


51,686




RUB


Russian rouble


40,6070




THB


Thai baht


39,043




BRL


Brazilian real


2,4948




MXN


Mexican peso


16,5464




INR


Indian rupee


68,7610






(1)  Source: reference exchange rate published by the ECB.
Case T-304/08: Judgment of the General Court of 10 July 2012 — Smurfit Kappa Group v Commission (State aid — Corrugated case materials — Aid for the construction of a paper mill — Guidelines on national regional aid — Decision declaring the aid compatible with the common market — Admissibility — Validity of the authority conferred by a legal person on its lawyers — Adoption of a decision upon conclusion of the preliminary examination phase — Standing to bring proceedings — Procedural rights of interested parties — Serious difficulties justifying the initiation of the formal investigation procedure — Exercise by the Commission of its discretion — Article 87(3)(a) EC — Article 88(2) and (3) EC — Article 4 of Regulation (EC) No 659/1999 — Article 44(5) and (6) of the Rules of Procedure)
Date: 2012-07-10
Institutions: General Court
Subjects: Brandenburg, Germany, State aid, aid to undertakings, common market, packaging product, pulp and paper industry








C_2012250EN.01001201.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/12





Judgment of the General Court of 10 July 2012 — Smurfit Kappa Group v Commission
(Case T-304/08) (1)

(State aid - Corrugated case materials - Aid for the construction of a paper mill - Guidelines on national regional aid - Decision declaring the aid compatible with the common market - Admissibility - Validity of the authority conferred by a legal person on its lawyers - Adoption of a decision upon conclusion of the preliminary examination phase - Standing to bring proceedings - Procedural rights of interested parties - Serious difficulties justifying the initiation of the formal investigation procedure - Exercise by the Commission of its discretion - Article 87(3)(a) EC - Article 88(2) and (3) EC - Article 4 of Regulation (EC) No 659/1999 - Article 44(5) and (6) of the Rules of Procedure)
2012/C 250/20
Language of the case: English

Parties


Applicant: Smurfit Kappa Group plc (Dublin, Ireland) (represented by: T. Ottervanger and E. Henny, lawyers)

Defendant: European Commission (represented by: B. Martenczuk and C. Urraca Caviedes, Agents)

Intervener in support of the defendant: Propapier PM 2 GmbH, formerly Propapier PM2 GmbH & Co. KG (Eisenhüttenstadt, Germany) (represented by: H.-J. Niemeyer and C. Herrmann, lawyers)

Re:

Action for annulment of Commission Decision C(2008) 1107 of 2 April 2008 declaring compatible with the common market the national regional aid which the German authorities intend to grant to Propapier PM2 for the construction of a paper mill in Eisenhüttenstadt (region of Brandenburg-Nordost) (State aid N 582/2007 — Germany).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2008) 1107 of 2 April 2008 declaring compatible with the common market the national regional aid which the German authorities intend to grant to Propapier PM2 for the construction of a paper mill in Eisenhüttenstadt (region of Brandenburg-Nordost) (State aid N 582/2007 — Germany);










2.


Orders the European Commission and Propapier PM 2 GmbH to pay the costs.






(1)  OJ C 272, 25.10.2008.
2012/376/EU: Council Decision of 10 July 2012 appointing a Spanish alternate member of the Committee of the Regions
Date: 2012-07-10
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2012182EN.01003901.xml










13.7.2012   


EN


Official Journal of the European Union


L 182/39








            COUNCIL DECISION
         
of 10 July 2012
         
appointing a Spanish alternate member of the Committee of the Regions
(2012/376/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


An alternate member’s seat has become vacant following the end of the term of office of Ms María Isabel NIETO FERNÁNDEZ,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






—


Mr Enrique BARRASA SÁNCHEZ, Director General de Inversiones y Acción Exterior Junta de Extremadura.






Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 10 July 2012.


For the Council


The President

V. SHIARLY
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Non-opposition to a notified concentration (Case COMP/M.6529 — ABB/Thomas & Betts)  Text with EEA relevance
Date: 2012-07-10
Institutions: European Commission
Subjects: automation, economic concentration, electrical engineering, marketing, merger control








C_2012202EN.01000302.xml










10.7.2012   


EN


Official Journal of the European Union


C 202/3





Non-opposition to a notified concentration
(Case COMP/M.6529 — ABB/Thomas & Betts)
(Text with EEA relevance)
2012/C 202/03
On 11 May 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 32012M6529. EUR-Lex is the on-line access to the European law.
Case F-4/11: Judgment of the Civil Service Tribunal (First Chamber) of 10 July 2012 — AV v Commission (Civil service — Temporary agent — Recruitment — Medical cover deferment — Retroactive application of medical cover deferment — Opinion of invalidity committee)
Date: 2012-07-10
Institutions: Civil Service Tribunal
Subjects: disability insurance, duties of civil servants, servant (EU)








C_2012287EN.01004001.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/40





Judgment of the Civil Service Tribunal (First Chamber) of 10 July 2012 — AV v Commission
(Case F-4/11) (1)

(Civil service - Temporary agent - Recruitment - Medical cover deferment - Retroactive application of medical cover deferment - Opinion of invalidity committee)
2012/C 287/72
Language of the case: French

Parties


Applicant: AV (Cadrezzate, Italy) (represented by: A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, agents)

Re:

Annulment of decisions to defer medical cover in respect of the applicant as provided for by Article 32 of the Conditions of employment of other servants of the European Union and not to grant him entitlement to the invalidity allowance.

Operative part of the judgment

The Tribunal:






1.


annuls the decision of 12 April 2010 whereby the European Commission deferred medical cover in respect of AV as provided for by Article 32 of the Conditions of employment of other servants of the European Union;










2.


annuls the decision of the European Commission of 16 April 2010 in so far as it denied AV entitlement to the invalidity allowance;










3.


orders the European Commission to bear its own costs and to pay the costs incurred by AV.






(1)  OJ C 179 18.6.2011, p. 21.
2012/402/EU: Council Decision of 10 July 2012 appointing a member of the Court of Auditors
Date: 2012-07-10
Institutions: Council of the European Union
Subjects: appointment of members, member of the Court of Auditors (EU)








L_2012188EN.01001501.xml










18.7.2012   


EN


Official Journal of the European Union


L 188/15








            COUNCIL DECISION
         
of 10 July 2012
         
appointing a member of the Court of Auditors
(2012/402/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


The term of office of Ms Nadejda SANDOLOVA is due to expire on 31 December 2012.












(2)


A new appointment should therefore be made,





HAS ADOPTED THIS DECISION:



Article 1
Ms Iliana IVANOVA is hereby appointed member of the Court of Auditors for the period from 1 January 2013 to 31 December 2018.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 10 July 2012.


For the Council


The President

V. SHIARLY
            





(1)  Opinion of 13 June 2012 (not yet published in the Official Journal).