do-me/EUR-LEX huggingface dataset:
Case T-142/08: Judgment of the General Court of 12 September 2013 — Italy v Commission (Languages — Notices of open competition for the recruitment of administrators and assistants — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages)
Date: 2013-09-12
Institutions: General Court
Subjects: EPSO, administrator, assistant, competition (EU), fraud, language policy, official language








C_2013313EN.01001502.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/15





Judgment of the General Court of 12 September 2013 — Italy v Commission
(Case T-142/08) (1)

(Languages - Notices of open competition for the recruitment of administrators and assistants - Full publication in three official languages - Information concerning the notices of open competitions - Publication in all official languages - Language of the tests - Choice of second language from three official languages)
2013/C 313/26
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented initially by: F. Díez Moreno, and subsequently by: N. Díaz Abad and J. García-Valdecasas Dorrego, abogados del Estado)

Re:

Application for annulment of Notice of open competitions EPSO/AD/116/08 and EPSO/AD/117/08 to constitute a reserve list of Administrators (AD8) and Principal Administrators (AD11) in the field of fraud prevention and Notice of open competition EPSO/AST/45/08 to constitute a reserve list of Assistants (AST4) in the field of fraud prevention (OJ 2008 C16A, pp. 1 and 16 respectively) on the ground that they were published in French, English and German only.

Operative part of the judgment

The Court:






1.


Annuls the notices of open competitions EPSO/AD/116/08 and EPSO/AD/117/08 to constitute a reserve list of Administrators (AD8) and Principal Administrators (AD11) in the field of fraud prevention and EPSO/AST/45/08 to constitute a reserve list of Assistants (AST4) in the same field, published in the English, French and German versions of the Official Journal of the European Union on 23 January 2008;










2.


Orders the Kingdom of Spain, the Italian Republic and the European Commission to bear their own costs.






(1)  OJ C 142, 7.6.2008.
State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State
Date: 2013-09-12
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, aid to undertakings, control of State aid, tax exemption, waste management








C_2013263EN.01000501.xml










12.9.2013   


EN


Official Journal of the European Union


C 263/5





State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State
2013/C 263/06
The EFTA Surveillance Authority has proposed appropriate measures, which were accepted by Norway, on the following aid measure:







Date of adoption of the decision


:


30 April 2013




Case number


:


69911




Decision number


:


174/13/COL




EFTA State


:


Norway




Title


:


Financing of municipal waste collectors




Legal basis


:


The Pollution Control Act of 13 March 1981 No 6 (‘the Pollution Control Act’) and the Tax Act of 26 March 1999 No 14 (‘the Tax Act’)




Objective


:


n.a.




Economic sectors


:


Waste collection




Other information


:


Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime and the removal of the tax exemption for municipal waste collectors, the Authority’s concerns regarding the incompatibility of municipal waste collectors’ financing were dispelled and the investigation closed.




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case C-49/12: Judgment of the Court (Third Chamber) of 12 September 2013 (request for a preliminary ruling from the Østre Landsret (Denmark)) — The Commissioners for Her Majesty’s Revenue & Customs v Sunico ApS, M & B Holding ApS, Sunil Kumar Harwani (Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 1(1) — Scope — Concept of ‘civil and commercial matters’ — Action brought by a public authority — Damages in respect of involvement in a tax fraud by a third party not subject to VAT)
Date: 2013-09-12
Institutions: Court of Justice
Subjects: Denmark, VAT, contractual liability, damages, indemnification, interpretation of the law, judicial cooperation in civil matters in the EU, tax evasion








C_2013325EN.01000601.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/6





Judgment of the Court (Third Chamber) of 12 September 2013 (request for a preliminary ruling from the Østre Landsret (Denmark)) — The Commissioners for Her Majesty’s Revenue & Customs v Sunico ApS, M & B Holding ApS, Sunil Kumar Harwani
(Case C-49/12) (1)

(Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Article 1(1) - Scope - Concept of ‘civil and commercial matters’ - Action brought by a public authority - Damages in respect of involvement in a tax fraud by a third party not subject to VAT)
2013/C 325/08
Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings


Applicant: The Commissioners for Her Majesty’s Revenue & Customs

Defendants: Sunico ApS, M & B Holding ApS, Sunil Kumar Harwani,

Re:

Request for a preliminary ruling — Østre Landsret — Interpretation of Article 1 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Scope — Whether or not it covers a claim for damages in respect of non-payment of value added tax brought by the tax authorities of a Member State against undertakings and natural persons resident in another Member State and based on an alleged unlawful means conspiracy under the law of tort

Operative part of the judgment

The concept of ‘civil and commercial matters’ within the meaning of Article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that it covers an action whereby a public authority of one Member State claims, as against natural and legal persons resident in another Member State, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first Member State.


(1)  OJ C 118, 21.4.2012.
Case T-164/08: Judgment of the General Court of 12 September 2013 — Italy v Commission (Languages — Notices of open competition for the recruitment of doctors — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages)
Date: 2013-09-12
Institutions: General Court
Subjects: EPSO, administrator, competition (EU), language policy, official language, physician








C_2013313EN.01001503.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/15





Judgment of the General Court of 12 September 2013 — Italy v Commission
(Case T-164/08) (1)

(Languages - Notices of open competition for the recruitment of doctors - Full publication in three official languages - Information concerning the notices of open competitions - Publication in all official languages - Language of the tests - Choice of second language from three official languages)
2013/C 313/27
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented: initially by F. Díez Moreno, and subsequently by N. Díaz Abad and J. García-Valdecasas Dorrego, abogados del Estado)

Re:

Application for annulment of Notice of open competition EPSO/AD/125/08 (AD 7 and AD 9) to constitute a reserve list of doctors, published in the English, French and German versions of the Official Journal of the European Union of 21 February 2008 (OJ 2008 C 48 A, p. 1).

Operative part of the judgment

The Court:






1.


Annuls the notices of open competition EPSO/AD/125/08 (AD 7 and AD 9) to constitute a reserve list of doctors, published in the English, French and German versions of the Official Journal of the European Union of 21 February 2008;










2.


Orders the Kingdom of Spain, the Italian Republic and the European Commission to bear their own costs.






(1)  OJ C 158, 21.6.2008.
Case C-616/12 P: Order of the Court of 12 September 2013 — Ellinika Nafpigeia AE and 2. Hoern Beteiligungs GmbH v European Commission (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly unfounded — Second paragraph of Article 263 TFEU — Time-limit for instituting proceedings)
Date: 2013-09-12
Institutions: Court of Justice
Subjects: Greece, State aid, aid for restructuring, control of State aid, shipbuilding








C_2013377EN.01000401.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/4





Order of the Court of 12 September 2013 — Ellinika Nafpigeia AE and 2. Hoern Beteiligungs GmbH v European Commission
(Case C-616/12 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Appeal manifestly unfounded - Second paragraph of Article 263 TFEU - Time-limit for instituting proceedings)
2013/C 377/06
Language of the case: Greek

Parties


Appellants: Ellinika Nafpigeia AE and 2. Hoern Beteiligungs GmbH (represented by: K Chrysogonos and A. Kaidatzis, lawyers)

Other party to the proceedings: European Commission (represented by: M. Konstantinidis and B. Stromsky, Agents)

Re:

Appeal brought against the order of the General Court (Seventh Chamber) in Case T-466/11 Ellinika Nafpigeia AE and Hoern v Commission, in which the General Court declared an action for the annulment of Commission decision C(2010) 8274 final of 1 December 2010, accepting the undertakings offered by Greece in exchange for measures required by the Commission in its decision C(2008) 3118 final of 2 July 2008, declaring aid granted by the Greek authorities to Ellinika Nafpigeia (Hellenic Shipyards, ‘HSY’), to be incompatible with the common market, in the context of amendments to the initial investment plan relating to the restructuring of that shipyard (State aid C 16/2004 (ex NN29/2004, CP 71/2002 et CP 133/2005)).

Operative part of the order







1.


The appeal is dismissed.










2.


Ellinika Nafpigeia AE and 2. Hoern Beteiligungs GmbH shall bear their own costs and pay those incurred by the European Commission.






(1)  OJ C 55, 23.2.2013.
Case C-203/13: Order of the President of the Court of 12 September 2013 — European Commission v Republic of Bulgaria
Date: 2013-09-12
Institutions: Court of Justice
Subjects: domestic market, electrical energy, infringement of EU law, national implementing measure








C_2013377EN.01001001.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/10





Order of the President of the Court of 12 September 2013 — European Commission v Republic of Bulgaria
(Case C-203/13) (1)

2013/C 377/22
Language of the case: Bulgarian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 164, 8.6.2013.
Prior notification of a concentration (Case COMP/M.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-09-12
Institutions: European Commission
Subjects: chemical product, economic concentration, food industry, merger control, pharmaceutical product, scientific apparatus, scientific discovery








C_2013263EN.01001101.xml










12.9.2013   


EN


Official Journal of the European Union


C 263/11





Prior notification of a concentration
(Case COMP/M.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 263/12






1.


On 5 September 2013, 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 DSM R&D Solutions BV (‘DSM R&D Solutions’, the Netherlands), belonging to the group Koninklijke DSM NV (‘DSM’, the Netherlands), and Maastricht UMC-Holding BV (‘Maastricht UMC-Holding’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Device Company BV (‘Device Company JV’, the Netherlands) by way of purchase of shares in a newly-created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for DSM: human and animal nutrition, pharmaceuticals, performance materials and industrial chemicals,










—


for Maastricht UMC-Holding: creation and holding of legal entities aimed at commercialising scientific discoveries made in the health, nutrition and materials fields,










—


for Device Company JV: the production and sale of mobile infrared devices capable of measuring the constituent elements of pharmaceuticals, drugs and potentially other products, as an alternative to laboratory research.














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.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




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.6978 — Banco Popular/Credit Mutuel/ATM Business)  Text with EEA relevance
Date: 2013-09-12
Institutions: European Commission
Subjects: banking, commercial bank, economic concentration, insurance, merger control








C_2013263EN.01000102.xml










12.9.2013   


EN


Official Journal of the European Union


C 263/1





Non-opposition to a notified concentration
(Case COMP/M.6978 — Banco Popular/Credit Mutuel/ATM Business)
(Text with EEA relevance)
2013/C 263/02
On 3 September 2013, 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 32013M6978. EUR-Lex is the online access to the European law.
Euro exchange rates
Date: 2013-09-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2013263EN.01000301.xml










12.9.2013   


EN


Official Journal of the European Union


C 263/3





Euro exchange rates (1)

11 September 2013
2013/C 263/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3268




JPY


Japanese yen


132,96




DKK


Danish krone


7,4587




GBP


Pound sterling


0,84140




SEK


Swedish krona


8,6717




CHF


Swiss franc


1,2395




ISK


Iceland króna


 




NOK


Norwegian krone


7,8500




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,783




HUF


Hungarian forint


299,44




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7027




PLN


Polish zloty


4,2333




RON


Romanian leu


4,4676




TRY


Turkish lira


2,6690




AUD


Australian dollar


1,4288




CAD


Canadian dollar


1,3716




HKD


Hong Kong dollar


10,2888




NZD


New Zealand dollar


1,6467




SGD


Singapore dollar


1,6833




KRW


South Korean won


1 438,79




ZAR


South African rand


13,1680




CNY


Chinese yuan renminbi


8,1187




HRK


Croatian kuna


7,5865




IDR


Indonesian rupiah


15 048,94




MYR


Malaysian ringgit


4,3299




PHP


Philippine peso


57,957




RUB


Russian rouble


43,5373




THB


Thai baht


42,444




BRL


Brazilian real


3,0222




MXN


Mexican peso


17,3472




INR


Indian rupee


84,0730






(1)  Source: reference exchange rate published by the ECB.
State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State
Date: 2013-09-12
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, services of general interest, sports facilities








C_2013263EN.01000801.xml










12.9.2013   


EN


Official Journal of the European Union


C 263/8





State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State
2013/C 263/09
The EFTA Surveillance Authority has proposed appropriate measures, which were accepted by Norway, on the following aid measure:







Date of adoption of the decision


:


30 April 2013




Case number


:


69978




Decision number


:


175/13/COL




EFTA State


:


Norway




Title


:


Financing of the fitness centre at Kippermoen Leisure Centre (‘KLC’)




Legal basis


:


Municipal decisions on annual deficit coverage and ticket revenue allocation




Objective


:


Service of general economic interest




Form of aid


:


Covering of annual deficit, the allocation of ticket revenue and not requiring a return on investment




Economic sectors


:


Fitness sector




Other information


:


Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime of KLC, the Authority’s concerns regarding the incompatibility of the municipality of Vefsn’s financing of the fitness centre at KLC were dispelled and the investigation closed.




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case T-218/09: Judgment of the General Court of 12 September 2013 — Italy v Commission (Languages — Notices of open competition for the recruitment of assistants — Language of the tests — Choice of second language from three official languages)
Date: 2013-09-12
Institutions: General Court
Subjects: EPSO, assistant, competition (EU), language policy, official language








C_2013313EN.01001902.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/19





Judgment of the General Court of 12 September 2013 — Italy v Commission
(Case T-218/09) (1)

(Languages - Notices of open competition for the recruitment of assistants - Language of the tests - Choice of second language from three official languages)
2013/C 313/35
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented initially by: J. Currall and J. Baquero Cruz, and subsequently by: J. Currall and G. Gattinara, acting as Agents)

Intervener in support of the applicant: Republic of Latvia (represented by: K. Drēviņa, acting as Agent)

Re:

Application for annulment of Notices of open competitions EPSO/AST/91/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the offset printing field, and EPSO/AST/92/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the pre-press field, published in the Official Journal of the European Union of 18 March 2009 (OJ 2009 C 63 A, p. 1).

Operative part of the judgment

The Court:






1.


Annuls the notices of open competitions EPSO/AST/91/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the offset printing field, and EPSO/AST/92/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the pre-press field, published in the Official Journal of the European Union on 23 January 2008;










2.


Orders the Italian Republic, the Republic of Latvia and the European Commission to bear their own costs.






(1)  OJ C 180, 1.8.2009.
No State aid within the meaning of Article 61(1) of the EEA Agreement
Date: 2013-09-12
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, business lease, control of State aid, public education








C_2013263EN.01000601.xml










12.9.2013   


EN


Official Journal of the European Union


C 263/6





No State aid within the meaning of Article 61(1) of the EEA Agreement
2013/C 263/07
The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:







Date of adoption of the decision


:


24 April 2013




Case number


:


68086




Decision number


:


160/13/COL




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Alleged aid to lessors of premises to public schools




Form of aid


:


n.a.




Duration


:


n.a.




Name and address of the granting authority


:


n.a.




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/