do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6644 — APG/PGGM/Challenger LBC Terminals)  Text with EEA relevance
Date: 2012-08-03
Institutions: European Commission
Subjects: chemical product, economic concentration, information profession, merger control, social assistance, storage








C_2012232EN.01001101.xml










3.8.2012   


EN


Official Journal of the European Union


C 232/11





Prior notification of a concentration
(Case COMP/M.6644 — APG/PGGM/Challenger LBC Terminals)
(Text with EEA relevance)
2012/C 232/07






1.


On 27 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 undertakings APG Algemene Pensioen Groep N.V. (‘APG’, Netherlands) and PGGM N.V. (‘PGGM’, Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Challenger LBC Terminals Jersey Limited (‘LBC Terminals’, Jersey) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


APG: carries out collective pension schemes for participants in the education, government and constructions sectors, cleaning and window-cleaning companies, housing corporations and energy and utility companies, as well as social or sheltered employment,










—


PGGM: a Dutch pension administrator. It provides services in the field of pension fund management, asset management, management support and policy advice to various pension funds,










—


LBC Terminals: an operator of bulk liquid storage terminals. It operates 14 terminals located at key locations in Belgium, France, the Netherlands, Portugal, Spain, China and the United States of America.














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.6644 — APG/PGGM/Challenger LBC Terminals, 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 C-373/12: Reference for a preliminary ruling from the Krajský súd v Prešove (Prešov Regional Court) lodged on 3 August 2012 — G.I.C. Cash, a.s. v Marián Gunčaga
Date: 2012-08-03
Institutions: Court of Justice
Subjects: EU Member State, case-law, consumer protection, ruling, unfair terms of contract








C_2012355EN.01000802.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/8





Reference for a preliminary ruling from the Krajský súd v Prešove (Prešov Regional Court) lodged on 3 August 2012 — G.I.C. Cash, a.s. v Marián Gunčaga
(Case C-373/12)
2012/C 355/13
Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings


Applicant: G.I.C. Cash, a.s.

Defendant: Marián Gunčaga

Questions referred







1.


Is Article 47 of the Charter of Fundamental Rights of the European Union (1) (‘the Charter’), in conjunction with Article 38 thereof, together with Article 6(1) and Article 7(1) of Council Directive 93/13/EEC (2) on unfair terms in consumer contracts, to be interpreted as meaning that, where a court in a dispute on a consumer contract is assessing whether a contract term is unacceptable and a court of another Member State has already manifestly held, in comparable factual circumstances, that a contract term with a similar or identical content is unacceptable, the consumer has the right that the court, for the purposes of the assessment of whether the contract term at issue is unacceptable, takes into account that judgment of the court of the other Member State?










2.


Where the answer to the first question is in the affirmative, does the court infringe the fundamental right of the consumer under Article 47 of the Charter in conjunction with Article 38 thereof where it does not take into account the manifest judgment of the court of the other Member State on the unacceptability of a contract term with a similar or identical content?






(1)  OJ C 364, 18.12.2000, p. 1.

(2)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Notice to importers — Imports from Israel into the EU
Date: 2012-08-03
Institutions: European Commission
Subjects: Israel, agreement (EU), certificate of origin, free movement of goods, import (EU), tariff preference








C_2012232EN.01000501.xml










3.8.2012   


EN


Official Journal of the European Union


C 232/5





Notice to importers
Imports from Israel into the EU
2012/C 232/03
By an earlier notice to importers published on 25 January 2005 in the Official Journal of the European Union
 (1), operators were reminded that products produced in the Israeli settlements located within the territories brought under Israeli administration since June 1967 are not entitled to benefit from preferential tariff treatment under the EU-Israel Association Agreement (2).
It is recalled that according to the arrangement between the EU and Israel for the implementation of Protocol 4 to the EU-Israel Association Agreement, all movement certificates EUR.1 and invoice declarations issued or made out in Israel bear, as from 1 February 2005, the postal code and the name of the city, village or industrial zone where production conferring originating status has taken place. The same applies to all movement certificates EUR-MED and invoice declarations EUR-MED that may be issued or made out in Israel for export to the EU on the basis of Protocol 4 to the EU-Israel Association Agreement as amended by Decision No 2/2005 of the EU-Israel Association Council (3).
Operators intending to present documentary evidence of origin with a view to securing preferential treatment for products originating in Israel are informed that the preferential treatment will be refused to the goods for which the proof of origin indicates that the production conferring originating status has taken place in a location within the territories brought under Israeli administration since June 1967.
While the procedures in place allow for an adequate application of the arrangement, the way it is implemented in the EU should be streamlined in the light of experience. For that purpose, importers are informed that the up-to-date list of non-eligible locations and their postal codes is from now on available on the Commission's thematic website on the customs union (4). It may also be obtained from the customs authorities of the EU Member States or accessed through the latter’s websites.
Operators are advised to consult the list regularly and at least before lodging a customs declaration for releasing goods for free circulation in support of which they intend to provide a proof of preferential origin issued or made out in Israel.
This notice replaces the 25 January 2005 notice from 13 August 2012.


(1)  OJ C 20, 25.1.2005, p. 2.

(2)  OJ L 147, 21.6.2000, p. 3.

(3)  OJ L 20, 24.1.2006, p. 1.

(4)  http://ec.europa.eu/taxation_customs/customs/technical-arrangement_postal-codes.pdf
Case C-378/12: Reference for a preliminary ruling from Upper Tribunal (Immigration and Asylum Chamber) London (United Kingdom) made on 3 August 2012 — Nnamdi Onuekwere v Secretary of State for the Home Department
Date: 2012-08-03
Institutions: Court of Justice
Subjects: imprisonment, interpretation of the law, residence, residence permit








C_2012295EN.01002501.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/25





Reference for a preliminary ruling from Upper Tribunal (Immigration and Asylum Chamber) London (United Kingdom) made on 3 August 2012 — Nnamdi Onuekwere v Secretary of State for the Home Department
(Case C-378/12)
2012/C 295/45
Language of the case: English

Referring court

Upper Tribunal (Immigration and Asylum Chamber) London

Parties to the main proceedings


Applicants: Nnamdi Onuekwere

Defendants: Secretary of State for the Home Department

Questions referred







1.


In what circumstances, if any, will a period of imprisonment constitute legal residence for the purposes of the acquisition of a permanent right of residence under Article 16 of the Citizens Directive 2004/38 (1)?










2.


If a period of imprisonment does not qualify as legal residence, is a person who has served a period of imprisonment permitted to aggregate periods of residence before and after his imprisonment for the purposes of calculating the period of 5 years needed to establish permanent right of residence under the Directive?






(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Text with EEA relevance)
OJ L 158, p. 77
Corrigendum to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals ( OJ L 168, 30.6.2009 )
Date: 2012-08-03
Institutions: Council of the European Union, European Parliament
Subjects: employer, foreign national, illegal migration, labour standard, penalty








L_2012208EN.01002201.xml










3.8.2012   


EN


Official Journal of the European Union


L 208/22







Corrigendum to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals
(
Official Journal of the European Union L 168 of 30 June 2009
)

On page 24, footnote 3:
for:

               ‘Opinion of the European Parliament of 4 February 2009 …’,
read:

               ‘Opinion of the European Parliament of 19 February 2009 …’.
Prior notification of a concentration (Case COMP/M.6679 — STEAG/Fronterasol/OHL Industrial/Arenales Solar) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-08-03
Institutions: European Commission
Subjects: building industry, economic concentration, energy industry, energy production, energy supply, merger control








C_2012232EN.01000901.xml










3.8.2012   


EN


Official Journal of the European Union


C 232/9





Prior notification of a concentration
(Case COMP/M.6679 — STEAG/Fronterasol/OHL Industrial/Arenales Solar)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 232/05






1.


On 25 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 STEAG GmbH (via the acquisition vehicle Steag 1. Beteiligungs-GmbH — ‘STEAG’, Germany), Fronterasol B.V., ultimately controlled by Deutsche Bank AG (‘Fronterasol/Deutsche Bank’, Germany) and OHL Industrial, S.L., part of the Villar Mir Group (‘OHL Industrial/Villar Mir’, Spain), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Arenales Solar PS, S.L. (‘Arenales’, Spain) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for STEAG: power generation, integrated solutions in the field of electricity and heat production, power plant related (engineering) services,










—


for OHL Industrial/Villar Mir: activities related to fertilizer, ferro-alloys, real estate, energy and the construction of industrial projects,










—


for Fronterasol/Deutsche Bank: financial services,










—


for Arenales Solar: building and operating a thermosolar power plant in Morón de la Frontera, Seville, Spain.














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.6679 — STEAG/Fronterasol/OHL Industrial/Arenales Solar, 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’).
Prior notification of a concentration (Case COMP/M.6667 — Marquard & Bahls/Linde/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-08-03
Institutions: European Commission
Subjects: economic concentration, logistics, merger control, oil industry








C_2012232EN.01001301.xml










3.8.2012   


EN


Official Journal of the European Union


C 232/13





Prior notification of a concentration
(Case COMP/M.6667 — Marquard & Bahls/Linde/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 232/09






1.


On 26 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 Marquard & Bahls AG (‘M&B’, Germany) and Linde AG (‘Linde’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over a newly created full-function joint venture (‘JV’, Germany), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Linde: supply of industrial and medical gases, equipment, engineering and services,










—


for M&B: oil trading, tank-terminal storage, aviation fuelling services and renewable energy,










—


for the JV: will be active in bulk supply of liquid natural gas as ship fuel (LNG bunkering).














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.6667 — Marquard & Bahls/Linde/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’).
Case F-85/12: Action brought on 3 August 2012 — ZZ v Commission
Date: 2012-08-03
Institutions: Civil Service Tribunal
Subjects: European civil service, transfer of pension rights








C_2012295EN.01003502.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/35





Action brought on 3 August 2012 — ZZ v Commission
(Case F-85/12)
2012/C 295/63
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, E. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to calculate accredited pension rights acquired before entry into service on the basis of the new General Implementing Provisions.

Form of order sought







—


Annul the decision of 27 January 2012 to accredit the pension rights acquired by the applicant before his entry into service at the Commission pursuant to Article 11(2) of Annex VIII to the Staff Regulations;










—


to the extent necessary, annul the decision rejecting the applicant’s complaint of 2 May 2012 against the decision determining the accreditation in the European Union pension scheme of the applicant’s pension rights acquired before his entry into service;










—


order the Commission to pay the costs.
Prior notification of a concentration (Case COMP/M.6623 — VINCI/EVT Business)  Text with EEA relevance
Date: 2012-08-03
Institutions: European Commission
Subjects: building industry, economic concentration, intellectual property, merger control








C_2012232EN.01001001.xml










3.8.2012   


EN


Official Journal of the European Union


C 232/10





Prior notification of a concentration
(Case COMP/M.6623 — VINCI/EVT Business)
(Text with EEA relevance)
2012/C 232/06






1.


On 26 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 group VINCI SA (‘VINCI’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole EVT (Energieversorgungstechnick or energy supply technology) business (‘EVT Business’), consisting in a number of undertakings currently controlled by Alpiq Anlagentechnik GmbH (‘AAT’, Germany), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for VINCI: construction, concession of transport and energy facilities; electrical, mechanical and air conditioning engineering mainly in Europe,










—


for EVT Business: electrical and mechanical engineering services, particularly in the fields of energy transmission and distribution, communication infrastructure, industrial electricity, energy production, cables, transmission substations and onshore connections of offshore wind farms. The undertakings forming the EVT Business are active in Germany, Austria, Hungary, Italy, the Czech Republic and Slovakia.














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.6623 — VINCI/EVT Business, 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’).
Euro exchange rates
Date: 2012-08-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2012232EN.01000401.xml










3.8.2012   


EN


Official Journal of the European Union


C 232/4





Euro exchange rates (1)

2 August 2012
2012/C 232/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2346




JPY


Japanese yen


96,64




DKK


Danish krone


7,4417




GBP


Pound sterling


0,79040




SEK


Swedish krona


8,3340




CHF


Swiss franc


1,2024




ISK


Iceland króna


 




NOK


Norwegian krone


7,4045




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,260




HUF


Hungarian forint


279,93




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6969




PLN


Polish zloty


4,1031




RON


Romanian leu


4,6188




TRY


Turkish lira


2,2147




AUD


Australian dollar


1,1717




CAD


Canadian dollar


1,2373




HKD


Hong Kong dollar


9,5752




NZD


New Zealand dollar


1,5164




SGD


Singapore dollar


1,5366




KRW


South Korean won


1 396,99




ZAR


South African rand


10,2353




CNY


Chinese yuan renminbi


7,8612




HRK


Croatian kuna


7,5267




IDR


Indonesian rupiah


11 686,68




MYR


Malaysian ringgit


3,8503




PHP


Philippine peso


51,564




RUB


Russian rouble


39,8830




THB


Thai baht


38,902




BRL


Brazilian real


2,5134




MXN


Mexican peso


16,4551




INR


Indian rupee


68,9340






(1)  Source: reference exchange rate published by the ECB.