do-me/EUR-LEX huggingface dataset:
Case T-394/06: Judgment of the General Court of 12 September 2012 — Italy v Commission (EAGGF — ‘Guarantee’ section — Clearance of accounts — Expenditure excluded from financing — Irregularities or negligence attributable to administrations or bodies of Member States — Article 8(1) and (2) of Regulation (EEC) No 729/70 and Article 8(1) and (2) of Regulation (EC) No 1258/1999 — Excessive delay in the assessment by the Commission of the communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 — Reasonable time-limit)
Date: 2012-09-12
Institutions: General Court
Subjects: EAGGF Guarantee Section, accounting, financing








C_2012319EN.01000601.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/6





Judgment of the General Court of 12 September 2012 — Italy v Commission
(Case T-394/06) (1)

(EAGGF - ‘Guarantee’ section - Clearance of accounts - Expenditure excluded from financing - Irregularities or negligence attributable to administrations or bodies of Member States - Article 8(1) and (2) of Regulation (EEC) No 729/70 and Article 8(1) and (2) of Regulation (EC) No 1258/1999 - Excessive delay in the assessment by the Commission of the communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 - Reasonable time-limit)
2012/C 319/07
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Aiello, avvocato dello Stato)

Defendant: Commission (represented by: C. Cattabriga, acting as Agent, and M. Moretto, lawyer)

Re:

Application for annulment in part of Commission Decision 2006/678/EC of 3 October 2006 concerning the financial treatment to be applied, in the context of clearance of expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, in certain cases of irregularity by operators (OJ 2006 L 278, p. 24).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 42, 24.2.2007.
Call for proposals under the work programme of the seventh EC framework programme for research, technological development and demonstration activities
Date: 2012-09-12
Institutions: European Commission
Subjects: Brazil, EU programme, European cooperation, Framework Programme for Research and Development, communications policy, information technology, invitation to tender








C_2012275EN.01000401.xml










12.9.2012   


EN


Official Journal of the European Union


C 275/4





Call for proposals under the work programme of the seventh EC framework programme for research, technological development and demonstration activities
2012/C 275/06
Notice is hereby given of the launch of a call for proposals under the work programmes of the seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013).
Proposals are invited for the following call in the ‘Cooperation’ specific programme: Information and communication technologies: FP7-ICT-2013-EU-Brazil.
Call documentation including deadline and budget is given in the call text, which is published on the website:
http://ec.europa.eu/research/participants/portal/page/home
Commission Regulation (EU) No 820/2012 of 12 September 2012 establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of Spain
Date: 2012-09-12
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2012250EN.01000701.xml










15.9.2012   


EN


Official Journal of the European Union


L 250/7








            COMMISSION REGULATION (EU) No 820/2012
of 12 September 2012
         
establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of Spain


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, 12 September 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, 27.01.2012, p. 55.




ANNEX






No


25/TQ44




Member State


Spain




Stock


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of V, VI and VII




Date


13.8.2012
Case T-404/12: Action brought on 12 September 2012 — Toshiba Corporation v Commission
Date: 2012-09-12
Institutions: General Court
Subjects: electrical equipment, electrical industry, equal treatment, fine, principle of proportionality, rights of the defence








C_2012343EN.01001901.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/19





Action brought on 12 September 2012 — Toshiba Corporation v Commission
(Case T-404/12)
2012/C 343/32
Language of the case: English

Parties


Applicant: Toshiba Corporation (Tokyo, Japan) (represented by: J. MacLennan, Solicitor, A. Schulz and S. Sakellariou, lawyers)

Defendant: European Commission

Form of order sought







—


Annul the Commission decision of 27 June 2012 in Case COMP/39.966 — Gas Insulated Switchgear — fines;










—


Alternatively, reduce the fine as the General Court finds appropriate; and, in any event,










—


Award the applicant its costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the Commission breached the principle of good administration and the principle of proportionality by prematurely adopting its decision of 27 June 2012 in Case COMP/39.966 — Gas Insulated Switchgear — fines, before the European Court of Justice handed down its judgment in Case C-498/11 P Toshiba Corporation v European Commission.










2.


Second plea in law, alleging that the Commission breached Toshiba’s rights of defence by not issuing a Statement of Objections before the adoption of the decision of 27 June 2012 in Case COMP/39.966 — Gas Insulated Switchgear — fines; and by not addressing in the Letter of Facts an important element of the fine calculation imposed by the said decision.










3.


Third plea in law, alleging that the Commission infringed the principle of equal treatment in treating the applicant differently to the European manufacturers of Gas Insulated Switchgear when basing the applicant’s fine on TM T&D’s starting amount rather than the applicant’s turnover;










4.


Fourth plea in law, alleging that the Commission failed to provide adequate reasoning when setting TM T&D’s starting amount.










5.


Fifth plea in law, alleging that the Commission infringed the principle of equal treatment in failing to differentiate in the level of culpability of Toshiba compared to the European manufacturers of Gas Insulated Switchgear.
Non-opposition to a notified concentration (Case COMP/M.6689 — Iridium/LBEIP/Desarrollo De Equipamientos Públicos)  Text with EEA relevance
Date: 2012-09-12
Institutions: European Commission
Subjects: economic concentration, means of public conveyance, merger control, service concession, transport infrastructure








C_2012275EN.01000102.xml










12.9.2012   


EN


Official Journal of the European Union


C 275/1





Non-opposition to a notified concentration
(Case COMP/M.6689 — Iridium/LBEIP/Desarrollo De Equipamientos Públicos)
(Text with EEA relevance)
2012/C 275/02
On 4 September 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 32012M6689. EUR-Lex is the on-line access to the European law.
Prior notification of a concentration (Case COMP/M.6702 — Carlyle/BC Partners/Hamilton Sundstrand Industrial) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-09-12
Institutions: European Commission
Subjects: economic concentration, industrial electric machinery, investment company, merger control








C_2012275EN.01000501.xml










12.9.2012   


EN


Official Journal of the European Union


C 275/5





Prior notification of a concentration
(Case COMP/M.6702 — Carlyle/BC Partners/Hamilton Sundstrand Industrial)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 275/07






1.


On 6 September 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 Carlyle Group (‘Carlyle’, United States) and BC Partners Limited (‘BCP’, Guernsey), through their jointly owned acquisition vehicle Silver II Acquisition Sàrl (Luxembourg), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Hamilton Sundstrand Industrial (‘HSI’), a division of Hamilton Sundstrand Corporation (United States) which belongs to United Technologies Corporation (United States), by way of purchase of shares in the companies that form part of HSI: Sullair Corporation, Sundyne Coporation and Milton Roy Company.










2.


The business activities of the undertakings concerned are:






—


for Carlyle: global alternative asset management, sponsoring funds that invest globally across four investment disciplines (buyout, credit alternatives, growth capital and real estate) in a range of industries,










—


for BCP: management of private equity investment funds,










—


for HSI: manufacture of industrial pumps and compressors.














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.6702 — Carlyle/BC Partners/Hamilton Sundstrand Industrial, 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.6455 — SCA/Georgia-Pacific Europe)  Text with EEA relevance
Date: 2012-09-12
Institutions: European Commission
Subjects: cosmetic product, economic concentration, merger control, pulp and paper industry








C_2012275EN.01000202.xml










12.9.2012   


EN


Official Journal of the European Union


C 275/2





Non-opposition to a notified concentration
(Case COMP/M.6455 — SCA/Georgia-Pacific Europe)
(Text with EEA relevance)
2012/C 275/04
On 5 July 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 32012M6455. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2012-09-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2012275EN.01000301.xml










12.9.2012   


EN


Official Journal of the European Union


C 275/3





Euro exchange rates (1)

11 September 2012
2012/C 275/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2787




JPY


Japanese yen


99,70




DKK


Danish krone


7,4522




GBP


Pound sterling


0,79780




SEK


Swedish krona


8,4773




CHF


Swiss franc


1,2074




ISK


Iceland króna


 




NOK


Norwegian krone


7,3890




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,548




HUF


Hungarian forint


284,88




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,1082




RON


Romanian leu


4,4848




TRY


Turkish lira


2,3065




AUD


Australian dollar


1,2301




CAD


Canadian dollar


1,2429




HKD


Hong Kong dollar


9,9161




NZD


New Zealand dollar


1,5690




SGD


Singapore dollar


1,5745




KRW


South Korean won


1 441,82




ZAR


South African rand


10,4847




CNY


Chinese yuan renminbi


8,1016




HRK


Croatian kuna


7,4203




IDR


Indonesian rupiah


12 239,56




MYR


Malaysian ringgit


3,9512




PHP


Philippine peso


53,125




RUB


Russian rouble


40,5783




THB


Thai baht


39,742




BRL


Brazilian real


2,5851




MXN


Mexican peso


16,6711




INR


Indian rupee


70,7440






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EU) No 818/2012 of 12 September 2012 establishing a prohibition of fishing for megrims in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium
Date: 2012-09-12
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch quota, fishing rights, sea fish, ship's flag








L_2012250EN.01000301.xml










15.9.2012   


EN


Official Journal of the European Union


L 250/3








            COMMISSION REGULATION (EU) No 818/2012
of 12 September 2012
         
establishing a prohibition of fishing for megrims in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium


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, 12 September 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, 27.01.2012, p. 1.




ANNEX






No


29/TQ43




Member State


Belgium




Stock


LEZ/8ABDE.




Species


Megrims (Lepidorhombus spp.)




Zone


VIIIa, VIIIb, VIIId and VIIIe




Date


10.8.2012
Case T-356/08: Judgment of the General Court of 12 September 2012 — Greece v Commission (EAGGF — Guarantee Section — Expenditure excluded from financing — Arable crops — Proportionality — Increase in the correction due to recurrence of the infringement)
Date: 2012-09-12
Institutions: General Court
Subjects: EAGGF Guarantee Section, Greece, wheat








C_2012319EN.01000602.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/6





Judgment of the General Court of 12 September 2012 — Greece v Commission
(Case T-356/08) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Arable crops - Proportionality - Increase in the correction due to recurrence of the infringement)
2012/C 319/08
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: I. Chalkias, E. Leftheriotou and V. Karra, Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe and A. Markoulli, Agents)

Re:

Application for annulment of Commission Decision 2008/582/EC of 8 July 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 186, p. 39), in so far as it excluded certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 285, 8.11.2008.
Commission Regulation (EU) No 822/2012 of 12 September 2012 establishing a prohibition of fishing for plaice in area VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Belgium
Date: 2012-09-12
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch quota, fishing rights, sea fish, ship's flag








L_2012250EN.01001101.xml










15.9.2012   


EN


Official Journal of the European Union


L 250/11








            COMMISSION REGULATION (EU) No 822/2012
of 12 September 2012
         
establishing a prohibition of fishing for plaice in area VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Belgium


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, 12 September 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, 27.01.2012, p. 1.




ANNEX






No


26/TQ43




Member State


Belgium




Stock


PLE/8/3411




Species


Plaice (Pleuronectes platessa)





Zone


VIII, IX and X; EU waters of CECAF 34.1.1




Date


10.8.2012