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601 | as concerns the refusal to order recovery of the aid, there is a breach of Article 14(1) of Regulation No 659/1999 laying down detailed rules for the application of Article 88 of the Treaty and also a breach of essential procedural requirements in that the reasons are inadequate. The applicants maintain that the Commission was perfectly capable of quantifying the amount of the aid without infringing France's rights of defence and that recovery of the aid in question would not in this case have constituted a breach of the principle of protection of legitimate expectations. | |
602 | order the Commission to give effect to paragraph 1 of the operative part of that judgment by the financial equivalent of the value of the entitlements that it should have, but has not delivered, pursuant to the judgment in question, in the sum of EUR 5065600, or such other sum as the Court may fix, increased to reflect changes in monetrary values, and interest at a rate to be determined by the Court, with effect from 8 June 2000 until the date of discharge of the judgment debt; | |
603 | On 28 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings 3M Österreich Gesellschaft m.b.H (Austria) controlled by 3M Company (3M, USA) and New Magna Investments (Belgium) controlled by Magna International Inc. (Magna, Canada) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking I&T Innovation Technology Entwicklungs- und Holding Aktiengesellschaft (I&T, Austria) by way of purchase of shares. | |
604 | None. Furthermore, any legal entity established in a third country not covered by article 6(2) of the Rules for Participation (entities in countries having concluded an S&T agreement with the Community may participate by right) may also participate in this call providing that such an involvement would be beneficial or essential to the proposed activity, and is over and above the specified minimum number of participants from Member State or associated countries | |
605 | The Commission considers that aid to large companies on foreign direct investment may strengthen the overall financial and strategic position of the beneficiary and thereby affect the conditions of competition on the EU market. However, the Commission accepts that in certain cases the aid may facilitate the development of an economic activity, namely the internationalisation of the EU industry concerned, without adversely affecting trading conditions to an extent contrary to the common interest, in line with the exception under Article 87(3)(c) of the Treaty. | |
606 | However, the Commission has doubts on what will be the impact of the measure on the overall competitiveness of the EU industry concerned. Portugal has stated that part of the product produced in Brazil will be imported in Portugal for further treatment, thus being likely to compete with the product of other companies on the EU market. The market for sisal products appears to be relatively small. The aid is likely to have a higher effect in such a concentrated market. Moreover, the Commission has no information on the relative position of the beneficiary vis-à-vis EU competitors. | |
607 | On 4 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Gas Network Limited (Gas Network, UK), controlled by Cheung Kong Infrastructure Holdings Limited (CKI, Hong Kong), the latter belonging to the Hutchison Whampoa group (Hutchison, Hong Kong) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Blackwater F Limited (North DN, UK) by way of purchase of shares. | |
608 | On 7 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Finmeccanica Sp A (Finmeccanica, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Italian operating branch of AMS (AMS Sp A, Italy) and the AMS's air traffic control business. AMS is currently jointly-controlled by BAE SYSTEMS plc (BAES, UK) and Finmeccanica. | |
609 | On 7 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Sephora S.A. (Sephora, France), a subsidiary of the group LVMH – Moët Hennessy Louis Vuitton, ultimately controlled by the group Arnault S.A.S., and El Corte Inglés S.A. (El Corte Inglés, Spain), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (JV), by way of purchase of shares. | |
610 | Ireland has decided to revise the public service obligation published in the Official Journal of the European Communities C 265/07 of 15 September 2000 (as amended by corrigendum published in OJ C 276 of 28 September 2000) pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, in respect of scheduled air services with effect from 22 July 2005 on the Derry-Dublin route. | |
611 | The Commission has examined the information supplied and concluded that the change of name in no way affects the findings of Council Regulation (EC) No 2597/1999, of Council Regulation (EC) No 1676/2001 and those of Commission Decision 2001/645/EC. Therefore, the reference to MTZ Polyesters Limited should be read as MTZ Polyfilms Limited in Article 1 of Council Regulation (EC) No 2597/1999, in Article 1 and 2 of Council Regulation (EC) No 1676/2001 and in Article 1 of Commission Decision 2001/645/EC. | |
612 | Is Article 1 of Council Directive 77/187/EEC of 14 February 1977 applicable in a situation where part of an undertaking, provided that it is organised as an independent economic entity, is handed over from one company to another, and where the same or corresponding activities are carried out by the acquiring company and an affiliated company within the same group of companies? Does the fact that some working relationships are directly handed over from the transferor to the acquiring company and others to its affiliated company preclude application of the Directive? | |
613 | Introduction: Ireland has amended the public service obligations published in the Official Journal of the European Communities C 66/04 of 15.3.2002 pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, in respect of scheduled air services operated between Dublin and Kerry with effect from 22 July 2005. The standards required by the revised public service obligation were published in the Official Journal of the European Union No C 39 of 16.2.2005. | |
614 | Insofar as by one month of publication, no air carrier will have commenced or be about to commence such air services in accordance with the public service obligation and without requesting financial compensation, Ireland has decided, in accordance with the procedure laid down by Article 4(1)(d) of that regulation, to continue to limit access to the route to a single air carrier from 22 July 2005 and to offer the right to operate such services by public tender. | |
615 | Introduction: Ireland has amended the public service obligations published in the Official Journal of the European Communities C 66/05 of 15 March 2002 pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, in respect of scheduled air services operated between Dublin and Galway with effect from 22 July 2005. The standards required by the revised public service obligation were published in the Official Journal of the European Communities No C 39 of 16.2.2005. | |
616 | Insofar as by one month of publication, no air carrier will have commenced or be about to commence such air services in accordance with the public service obligation and without requesting financial compensation, Ireland has decided, in accordance with the procedure laid down by Article 4(1)(d) of that Regulation, to continue to limit access to the route to a single air carrier from 22 July 2005 and to offer the right to operate such services by public tender. | |
617 | Introduction: Ireland has amended the public service obligations published in the Official Journal of the European Communities C 66/07 and C 66/03 of 15 March 2002 pursuant to Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, in respect of scheduled air services operated between Donegal — Dublin and between Sligo — Dublin with effect from 22 July 2005. The standards required by the revised public service obligation were published in the Official Journal of the European Union No C 39 of 16.2.2005. | |
618 | Insofar as by one month of publication, no air carrier will have commenced or be about to commence such air services in accordance with the public service obligation and without requesting financial compensation, Ireland has decided, in accordance with the procedure laid down by Article 4(1)(d) of that Regulation, to continue to limit access to each route to a single air carrier from 22 July 2005 and to offer the right to operate such services by public tender. | |
619 | Since this estimate was not reliable, the Court compared it with the most recent data available for the year 1999 in the Commission’s 2003 evaluation report. This report suggested that around 64000 full-time workers were involved in producing 90 % of the EU’s production. The Court estimates this meant about 72000 were involved overall. This is less than half of the Commission’s estimate made three years earlier. In the opinion of the Court, this is likely to be closer to the situation actually prevailing in 1996 when the Commission made its proposals. | |
620 | When preparing the new policy, the Commission concluded that, if quality did not improve, EU production was doomed in the medium term. It considered that the EU still had the potential to produce better quality tobacco, and therefore decided to provide an incentive by linking premium to the quality produced. The Commission assumed that the market price would reflect the quality of tobacco. However this did not reflect the reality of the market and other errors were made in interpreting the data used. | |
621 | By compensating for the greater costs involved, the premium system was intended to help make EU tobacco more marketable and thus achieve a fair income. The Commission did not define what constitutes a fair income from growing tobacco, set quantifiable targets for improvement or ensure that appropriate information on production costs, prices and income from reliable sources was received in order to measure impact. It was therefore unable to evaluate the impact of premium on growers’ income overall and their standard of living. | |
622 | The information available at the Commission in 1998 indicated that, even for the better quality tobacco, the sales prices communicated by Member States, along with the EU premium did not cover the costs of production (see also paragraph 48). Furthermore, there is no information available showing to what extent the different measures of the CMO would have reduced the dependence on subsidies. The most recent market information shows that EU average sales prices in 2003 were lower than in 2002 making producers more dependent on subsidies in 2003 than in 2002. | |
623 | Article 81 of the EC Treaty sets out the principles for maintaining competition. In general it prohibits all agreements between undertakings and concerted practices which have as their object or effect, the prevention, restriction or distortion of competition within the common market. In September 2003 the Court of Justice confirmed that the maintenance of effective competition on the market for agricultural products is one of the objectives of the CAP. Accordingly the market should ensure that the prices obtained by producers reflect normal competition. | |
624 | As part of the1998 reform proposals, the Commission suggested dropping the requirement for the control on the grounds that it was imprecise and difficult. The reforms finally adopted by the Council however, maintained and reinforced the requirement for this test. In 2000, the Commission expressed its intention to pursue corrections for non-compliance but only in respect of future failures. The Court notes that, as EAGGF years from 1997 onwards remain open, corrective action for these years is still possible. | |
625 | In order to measure the impact the Commission used the term fair income as in the Treaty, set as a quantifiable target an overall improvement in price (and quality), and used information on production costs and income, available from the FADN (Farm Accountancy Data Network). Information on prices, processing and stocks was obtained through Regulation (EC) No 2636/1999 (currently replaced by the consolidated version: Regulation (EC) No 604/2004). The impact of premiums on growers’ income was evaluated in the 2003 extended impact assessment. | |
626 | Council Regulation (EC) No 1258/1999 provides that, before a decision to refuse financing is taken, the results of the Commission’s checks and the replies of the Member State concerned shall be notified in writing, after which the two parties shall endeavour to reach agreement on the action to be taken. For all audits carried out in 2001, bilateral procedures took place. The Commission, noting that the procedures for France and Germany have been completed, is aware that there are some delays with certain dossiers in other Member States and will endeavour to complete them as soon as possible. | |
627 | As pointed out by the Court, the Commission proposed a reform in 2003 which aims to phase out the weaknesses of the existing regime. The Council came to an agreement on this proposal on 22 April 2004. From 2006 to 2009, the Council decided on a transitional period with at least 40 % of direct aid payments decoupled. The Commission will ensure that the gradual introduction of decoupling, which will involve the coexistence of coupled and decoupled payments over a four-year period, is carried out in compliance with the provisions of the regulations adopted. | |
628 | Owing to the lack of the requisite information on the final use of funds entrusted by the Agency to external bodies (both national and international), the Court is unable to express an opinion on the legality and regularity of the underlying transactions for payments of 21,4 million euros made in 2003 (see paragraph 15). For the remainder and except for the qualifications set out in paragraphs 5 and 6 below, the Court is of the opinion that the transactions underlying the Agency's annual accounts were legal and regular. | |
629 | According to a Court judgment, a charge constitutes a breach of the prohibition of discrimination laid down by Article 90 of the Treaty if the advantages accruing to the taxed national products processed and marketed on the national market from the use of the revenue generated by the charge only partially offset the burden borne by those products, thus placing exported national products at a disadvantage. The French authorities give a commitment that exported products will benefit no less from the measures financed via the inter-branch levies than products sold in France. | |
630 | The fact that the level of the aid proposed is not sufficiently great to bridge the fiscal gap created by the system between producers of the various wines does not exclude the possibility that these aids may, at least in part, serve to compensate disadvantaged French producers of liqueur wines in a manner unavailable to other Community producers. The same reasoning applies to the argument that the revenue from excise on liqueur wines is not reused for the benefit of national producers of liqueur wines. | |
631 | The Commission notes that final contract, signed in December 2000 with delivery date in June 2003, exists for the ship. It appears that the ship owner which is an important client of the shipyard also requested the suspension of the contract until 30 September 2003 due to the impact of the 11 September 2001 events. However, since the ship under review is not a cruise ship, the notified measure does not fulfil the same criteria as the decision on Meyer Werft, and the above reason cannot be accepted for the purpose of approving the notified request. | |
632 | On 11 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Lukoil Finland belonging to the group OAO Lukoil (Lukoil, Russian Federation) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings OY Teboil Ab and Suomen Petrooli Oy (the Target, Finland) currently controlled by TB Capital (British Virgin Islands) by way of purchase of shares. | |
633 | On 10 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings CIE Management II Limited (CIEM, Guernsey), controlled by BC Partners Holdings Limited (BC Partners, Guernsey) and Cinven Limited (Cinven, UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Amadeus Global Travel Distribution S.A. (Amadeus, Spain) by way of public bid. | |
634 | In the event that the applicant provides sufficient evidence showing that it operates under market economy conditions, i.e. that it meets the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. For this purpose, a duly substantiated claim must be submitted within the specific time limit set in paragraph 6(b) of this notice. The Commission will send a claim form to the applicant as well as to the authorities of the People's Republic of China. | |
635 | Judgment of the Court (First Chamber) of 16 December 2004 in Case C-277/02 (reference for a preliminary ruling from the Oberverwaltungsgericht): EU-Wood-Trading Gmb H v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mb H (Environment — Waste — Regulation (EEC) No 259/93 on shipments of waste — Waste intended for recovery — Objections — Powers of the authority of dispatch — Recovery contravening the requirements of Article 4 of Directive 75/442/EEC or those of national provisions — Power of the authority of dispatch to raise such objections) | |
636 | EAGGFPartial annulment of Commission Decision 2002/881/ECFinancial corrections Fruit and vegetable and public grain storage sector Language of the case: Italian In Case C-24/03: Italian Republic (Agent: M. Fiorilli) against Commission of the European Communities (Agents: C. Cattabriga and L. Visaggio) – action for annulment under Article 230 EC, brought on 15 January 2003 – the Court of Justice (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and K. Schiemann (Rapporteur), Judges; L.A. Geelhoed, Advocate General, R. | |
637 | Failure of a Member State to fulfil obligations Directive 89/618/Euratom Informing the general public in the event of a radiological emergency Non-transposition Language of the case: French In Case C-177/03: action under Article 141 EA for failure to fulfil obligations, brought on 16 April 2003, between Commission of the European Communities (Agents: J. Grunwald and B. Stromsky) and French Republic (Agents: G. de Bergues and E. Puisais) – the Court (First Chamber), composed of: P. Jann, President of the Chamber, K. | |
638 | Judgment of the Court (Grand Chamber) of 14 December 2004 in Case C-210/03 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)): The Queen, on the application of: Swedish Match AB, Swedish Match UK Ltd v Secretary of State for Health (Directive 2001/37/EC — Manufacture, presentation and sale of tobacco products — Article 8 — Prohibition of placing on the market of tobacco products for oral use — Validity — Interpretation of Articles 28 EC to 30 EC — Compatibility of national legislation laying down the same prohibition) | |
639 | Failure to fulfil obligations Environment Waste management Campolungo (Ascoli Piceno) waste plant Directive 75/442/EEC amended by Directive 91/156/EECArticles 4 and 8Language of the case: Italian In Case C-516/03: Commission of the European Communities (Agents: R. Amorosi and M. Konstantinidis) against Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli) – action for failure to fulfil obligations under Article 226 EC, brought on 9 December 2003 – the Court of Justice (Fifth Chamber), composed of C. Gulmann, acting as President of the Fifth Chamber, R. Schintgen, J. | |
640 | Where, according to the national legislation in question, claims corresponding to compensation for unfair dismissal, awarded by judgment or administrative decision, fall within the definition of pay, identical claims, established in a conciliation procedure such as that in question in the circumstances of this case, must be regarded as employees' claims arising from contracts of employment or employment relationships and as relating to pay for the purposes of Directive 80/987. The national court must set aside domestic legislation which, in breach of the principle of equality, excludes the latter claims from the definition of pay under that legislation. | |
641 | Failure by a Member State to fulfil its obligations Failure to transpose Directive 1999/31/ECWaste management Landfill of waste Inert waste from building and public works Language of the case: French In Case C-172/04: Commission of the European Communities (Agents: C.-F Durand and M. Konstantinidis) v French Republic (Agents: G. de Bergues and C. Mercier) – action under Article 226 EC for failure to fulfil obligations, brought on 7 April 2004 – the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, C. Gulmann and J. | |
642 | Is that part of the payment which is made by a customer to D&A Lenses Direct Limited for the supply of specified services by Dolland & Aitchison Ltd or by its franchisees to be included in the total payment for the specified goods so as to be part of the price paid or payable for the specified good within the meaning of Article 29 of Council Regulation no 92/2913 in circumstances where the customer is a private consumer and importer on whose behalf D&A Lenses Direct Ltd accounts for VAT on importation? | |
643 | Must the Sixth Directive, and in particular Article 27(1) and (5) thereof, be interpreted as meaning that the fact that the Netherlands Government notified the Commission at a date later than that laid down in Article 27(5) of the Sixth Directive, as amended by the Ninth Directive, that it wished to maintain the special procedure for charging tax on tobacco products means that if an individual invokes the failure to observe the time-limit, after the date when notification was in fact made, this special procedure for charging tax must be disapplied also after the making of the notification? | |
644 | Case C-512/04 PLanguage of the case: German An appeal against the judgment delivered on 6 October 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-356/02 between Vitakraft-Werke Wührmann & Sohn Gmb H & Co. KG and the Office for Harmonisation in the Internal Market (Trade Marks and Designs), supported by Krafft SA, was brought before the Court of Justice of the European Communities on 15 December 2004 by Vitakraft-Werke Wührmann & Sohn Gmb H & Co. KG, represented by Dr Ulrich Sander, Eisenführ, Speiser & Partner, Martinistrasse 24, D-28195 Bremen. | |
645 | The subsidy for R&D in laser technology was provided to Schneider AG in two separate measures: EUR 6498468,68 in the period 1995-1997 and EUR 2551653,20 in the years 1997-1999. These measures have not been notified to the Commission and can be considered as unlawful aid. Nevertheless, in 2001 the Commission approved the High Technologies scheme for the period 2001-2005. In order to assess the possible compatibility of this aid with Article 87(3)(c) of the EC Treaty by analogy to the scheme, further information is necessary. | |
646 | This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognized in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92. | |
647 | This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognized in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92. | |
648 | On 16 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking 3i Group plc (3i, UK) and Granville Private Equity Managers (Deutschland) Fund Limited Partnership and GBCP (D) II LP (together referred to as GB-Funds, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Berkenhoff Management Holding Gmb H (Berkenhoff Holding, Germany) by way of purchase of shares. | |
649 | On 17 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Banca Intesa S.p.A. (Banca Intesa, Italy), IFIL Investissements S.A. (IFIL, Luxembourg), Marcegaglia S.p.A. (Marcegaglia, Italy) and Sviluppo Italia S.p.A. (Sviluppo Italia, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Sviluppo Italia Turismo S.p.A. (SIT, Italy), currently solely controlled by Sviluppo Italia, by way of purchase of shares. | |
650 | On 18 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Providence Equity Partners IV, L.P., ultimately controlled by Providence Equity Partners IV LLC (Providence; USA), TPG Partners IV, L.P., controlled by TPG Advisors IV Inc. (TPG; USA) and Sony Corporation of America, belonging to the Sony group (Sony; Japan), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Metro-Goldwyn-Mayer Inc. (MGM, USA) by way of purchase of shares. | |
651 | This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognized in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92. | |
652 | Notwithstanding their non-admission to the oral hearing, I consider that both companies, as well as the other third parties, have had sufficient possibilities to participate in the ongoing proceedings and to ensure that their views are known by the Commission services. All third parties have had the opportunity to obtain an in-depth knowledge of the issues raised by the case in the course of the procedure; some third parties made comprehensive contributions to the Commission analysis undertaken both before the issuing of the SO and after having received the non confidential version of the SO. | |
653 | The ECB is convinced that the proposed directives, once properly transposed by the Member States, will considerably strengthen the soundness and stability of the EU banking system through the application of more sophisticated, risk-sensitive capital standards. The ECB therefore stresses its generally positive view of the proposed directives. However, without prejudice to this general view, the ECB has a number of general and specific remarks with regard to the proposed directives and their future application. | |
654 | Given the importance of the above issues for an effective application of Article 129(2) of the proposed banking directive, the ECB strongly supports the work to be carried out by CEBS on the application of Article 129 as a whole and is confident that consistent application will result. However, it recommends inserting a provision into the proposed banking directive which requires an assessment and, if necessary, a revision of Article 129 three years after transposition of the directive in order to take into account how Article 129 is being applied in practice and whether it is achieving its ends. | |
655 | The underspend is entirely related to the year 2002, for which EUR 400 million were entered in the budget. However, only EUR 50,8 million were committed because the United Kingdom, which should have been the main beneficiary, was unable to submit its request for reimbursement of the operational costs until 2003. The time taken for the Commission to conduct its checks is a result of the intensive nature of its audit, which resulted in applications for EUR 583 million of the total of EUR 1051 million being rejected. | |
656 | The Commission deems it to be entirely in keeping with existing provisions and procedures for an infringement file, opened as a result of inadequate transposal of a directive, to be closed once the shortcoming has been remedied by the Member State in receipt of the letter of formal notice. The closing of files opened following non-transposal of legislation does not, of course, prevent compliance of national provisions with Community directives being examined or a subsequent procedure being opened. | |
657 | Difficulties have been encountered in relation to triangular trade in fattening sheep forwarded from the Member State of first destination to another and accompanied by a new certificate recorded in a new ANIMO message. Clarification of such movements required close cooperation between Member States. This problem is related to the particular trade conditions for fattening sheep that had not provided for a mandatory residence before dispatched to another Member State. Directive 2003/50/EC addressed this problem by introducing a residence and stand-still period prior to dispatch to another Member State. | |
658 | The question of a transport ban on a large part or indeed the entire territory of a Member State is already an extremely serious restriction of animal health policy, having wide-ranging consequences for public order and civil liberties. It is applied by the Member State under the responsibility of the competent authorities. The Commission did adopt Decision 2001/190/EC of 8 March 2001 which introduced EC-wide restrictions on the movement of susceptible animals within and between Member States other than the United Kingdom, and which had the above-mentioned effects. | |
659 | As the Commission has not yet had any problems of access to administrative information with the Member States and each national administrative system and each epidemic is different, it would appear difficult to draw up a priori an exhaustive list of supporting documents to be provided. Having said that, the Commission did have a problem with access to the data held by livestock farmers (operating registers, invoices for the purchase of slaughtered animals, etc.) during its checks. This point will be clarified legally with the Member States with a view to future Community reimbursement. | |
660 | Furthermore, Articles 3(2) and 11(4) of Council Decision 90/424/EEC clearly set incentives for early notification and conditions for compensation. In particular it provides for compensation for animals slaughtered or killed for disease control purposes. It is in the economic interest of the farmer to notify possible disease as early as possible because any animals that die before notification are not eligible for compensation. These considerations are also included in the compensation schemes of certain Member States. | |
661 | On 23 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Apollo Group Inc. (Apollo), USA, and Direc TV Group Inc. (Direc TV), USA, belonging to News Corporation group, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the newly created undertaking Hughes Network Systems LLC (HNS), USA, by way of purchase of shares. | |
662 | On 23 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Logica CMG Corporate Holdings Ltd, controlled by Logica CMG plc (Logica CMG, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Edinfor – Sistemas Informáticos, S.A. (Edinfor, Portugal), currently solely controlled by the group EDP – Energias de Portugal, S.A. (EDP, Portugal), by way of purchase of shares. | |
663 | All members of the network, including the Commission and all NCAs, their officials and other servants, and other persons working under the supervision of those authorities as well as officials and civil servants of other authorities of the Member States, will be bound by the professional secrecy obligations set out in Article 17 of the Merger Regulation. They must not disclose non-public information they have acquired through the application of the Merger Regulation, unless the natural or legal person who provided that information has consented to its disclosure. | |
664 | Given the above mechanism, it is crucial to the smooth operation of Article 4(5) that all Member States where the case is reviewable under national competition law, and which are hence competent to examine the case under national competition law, are identified correctly. Form RS therefore requires the undertakings concerned to provide sufficient information to enable each and every Member State to identify whether or not it is competent to review the concentration pursuant to its own national competition law. | |
665 | The Commission's residual function is addressed in recital 21 of the Merger Regulation, where it is stated that the Commission should, at the request of the undertakings concerned, expressly assess the ancillary character of restrictions if a case presents novel and unresolved questions giving rise to genuine uncertainty. The Recital subsequently defines a novel or unresolved question giving rise to genuine uncertainty as a question that is not covered by the relevant Commission notice in force or a published Commission decision. | |
666 | Accordingly, a case presents a novel and unresolved question giving rise to genuine uncertainty if those restrictions are not covered by this Notice and have not been previously addressed by the Commission in its published decisions. As envisaged in recital 21 of the Merger Regulation, the Commission will, at the request of the parties, expressly assess such restrictions in these cases. Subject to confidentiality requirements, the Commission will provide adequate publicity as regards such assessments that further develop the principles set out in this Notice. | |
667 | Similarly, non-competition clauses must remain limited to products (including improved versions or updates of products as well as successor models) and services forming the economic activity of the undertaking transferred. This can include products and services at an advanced stage of development at the time of the transaction, or products which are fully developed but not yet marketed. Protection against competition from the vendor in product or service markets in which the transferred undertaking was not active before the transfer is not considered necessary. | |
668 | On 24 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Goldman Sachs Mortgage Company (GSMC, USA) controlled by Goldman Sachs Group, Inc. (Goldman Sachs, USA) and The Cerberus Group (Cerberus, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of part of the undertaking Transamerica European Trailers (TET, UK) by way of purchase of shares. | |
669 | Judgment of the Court (First Chamber) of 13 January 2005 in Case C-174/02 (reference for a preliminary ruling by the Hoge Raad der Nederlanden): Streekgewest Westelijk Noord-Brabant v Staatssecretaris van Financiën (State aid — Article 93(3) of the EC Treaty (now Article 88(3) EC) — Planned aid — Prohibition on the implementation of planned measures before the Commission's final decision — Scope of the prohibition if the aid consists of an exemption from a tax — Persons who may rely on an infringement) | |
670 | The last sentence of Article 93(3) of the Treaty must be interpreted as meaning that the prohibition in it applies to a tax only if the revenue from it is hypothecated to the aid measure at issue. The fact that the aid is granted in the form of a tax exemption or that the loss of revenue due to that exemption is, for the purposes of the budget estimates of the Member State in question, offset by an increase in the tax are not in themselves sufficient to amount to such hypothecation. | |
671 | Judgment of the Court (First Chamber) of 13 January 2005 in Case C-175/02: Reference for a preliminary ruling from the Hoge Raad der Nederlanden in F.J. Pape v Minister van Landbouw, Natuurbeheer en Visserij (State aid — Article 93(3) of the EC Treaty (now Article 88(3) EC) — Planned aid — Prohibition on the implementation of planned measures before the Commission's final decision — Tax partly earmarked for financing the aid measure — Tax imposed before approval of the aid) | |
672 | Judgment of the Court (Second Chamber) of 20 January 2005 in Case C-225/02 (reference for a preliminary ruling by the Juzgado de lo Social no 3 de Orense): Rosa García Blanco v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS) (Social security of migrant workers — Old age — Unemployment — Minimum periods of insurance — Periods of insurance taken into account for calculating the amount of benefits but not for acquiring the right to those benefits — Periods of unemployment — Aggregation) | |
673 | Judgment of the Court (First Chamber) of 20 January 2005 in Case C-302/02 (reference for a preliminary ruling from the Oberster Gerichtshof): in the proceedings brought on behalf of Nils Laurin Effing (Family benefits — Grant by a Member State of advances on maintenance payments for minor children — Child of a prisoner — Conditions of granting the maintenance payment — Prisoner transferred to another Member State to serve his sentence — Article 12 EC — Articles 3 and 13 of Regulation (EEC) No 1408/71) | |
674 | Judgment of the Court (Second Chamber) of 13 January 2005 in Case C-117/03 (reference for a preliminary ruling from the Consiglio di Stato): Società Italiana Dragaggi Sp A and Others v Ministero delle Infrastrutture e dei Trasporti and Regione Autonoma del Friuli Venezia Giulia (Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora — National list of sites eligible for identification as sites of Community importance — Conservation measures) | |
675 | On a proper construction of Article 4(5) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, the protective measures prescribed in Article 6(2), (3) and (4) of that directive are required only as regards sites which, in accordance with the third subparagraph of Article 4(2) of the directive, are on the list of sites selected as sites of Community importance adopted by the Commission of the European Communities in accordance with the procedure laid down in Article 21 of the directive. | |
676 | Appeal Fisheries Fisheries agreement with Argentina Community financial aid Reduction Language of the case: Spanish In Case C-254/03 P: appeal under Article 56 of the Statute of the Court of Justice brought on 13 June 2003 by Eduardo Vieira SA (lawyers: J.-R. García-Gallardo Gil-Fournier and D. Domínguez Pérez), the other party to the proceedings being: Commission of the European Communities (Agents: S. Pardo Quintillán, and J. Rivas-Andres and J. Gutiérrez Gisbert) – the Court (First Chamber), composed of P. | |
677 | Failure of a Member State to fulfil its obligations Directive 1999/63/ECFailure to transpose within the prescribed period Failure to communicate the implementing measures Language of the case: Italian In Case C-313/03, action for failure to fulfil obligations under Article 226 EC brought on 23 July 2003 by Commission of the European Communities (Agent: M.-J. Jonczy) against Italian Republic (Agent: I.M Braguglia, assisted by A. Cingolo), the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of Chamber, R. Schintgen (Rapporteur) and J. Makarczyk, Judges; C. | |
678 | Failure of a Member State to fulfil its obligations Directive 2001/58/ECNon-transposition within the period prescribed Language of the case: French In Case C-32/04 Commission of the European Communities (Agents: U.Wölker and F. Simonetti) v French Republic (Agents: G. de Bergues and C. Mercier) – action under Article 226 EC for failure to fulfil obligations, brought on 29 January 2004 – the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, R. Schintgen and J. | |
679 | Finally, the Court of First Instance committed a breach of the procedural rules and more specifically the rights of the defence, by holding that the Commission's analysis of the legislation at issue in its decision rejecting the complaint is superfluous, when it is apparent from that decision that the Commission had regarded that legislation as falling within the scope of the provisions of the EC Treaty. The Court of First Instance thereby infringed the rights of the defence of the appellants, who were not able to present their point of view on that question. | |
680 | The abovementioned national provisions are also contrary to Article 5 of Directive 2002/83/EC, which provides that authorisation obtained in a Member State is valid for the entire Community and enables the undertaking to carry on business there, either by virtue of being established there, or by virtue of the freedom to provide services, and to Article 53(2) of the same directive, which provides that each Member State must authorise insurance undertakings whose headquarters is established in its territory to transfer all or part of their portfolios to a transferee established in the Community. | |
681 | Second, the applicant invokes the failure to comply with paragraph 6 of annex II of the WTO's anti-dumping agreement and with Article 18(4) of Regulation No 384/96, as well as with the obligation to protect the applicant's legal rights. The applicant claims that its legal and procedural rights were infringed by not informing it of the reasons for the rejection of its evidence, by failing to grant it an opportunity to provide further information and by failing to publish the reasons for the rejection of the representations that the applicant made. | |
682 | Case T-504/04Language of the case: Italian An action against the European Commission for the annulment of the decision adopted on 16 March 2004, pursuant to the first paragraph of Article 88(2) EC and Article 86(2) EC, relating to the authorisation of the aid scheme paid by Italy to the public maritime transport undertaking Caremar (Gruppo Tirrenia) was brought before the Court of First Instance of the European Communities on 29 December 2004 by Navigazione Libera del Golfo S.p.A. (NLG), established in Naples, represented by S. Ravenna, lawyer. | |
683 | The applicant company, which, following the meeting of the Regione Campania of 14 December 2001, was charged with specific public service obligations (PSOs) without any compensation, challenges the Commission decision of 16 March 2004 relating to the State aid paid by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar (Gruppo Tirrenia) (not published in the Official Journal of the European Union), as regards in particular the provisions affecting the Naples Molo Beverello – Capri route, laid down by Article 3(1) and 3(2)(a) of the contested decision. | |
684 | Lastly, the applicant claims that the Commission has misused its powers, in so far as it introduced in the contested decision criteria for subdividing the market which, by making a temporal distinction between the services supplied by ship and those provided by fast vessel, achieved the objective of authorising an aid scheme in favour of transport services provided by ship by Caremar, a scheme which would never otherwise have been declared compatible, given the existence of competition from the private companies which operate in conditions to a certain extent comparable with the passenger transport services. | |
685 | On 2 March 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Gruner + Jahr AG & Co. KG (G+J, Germany) controlled by Bertelsmann AG acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Motorpresse Stuttgart Gmb H & Co. KG (MPS, Germany), comprising the combined publishers of Vereinigte Motor-Verlage Gmb H & Co. KG (VMV, Germany) and Motor-Presse-Verlag Gmb H & Co. KG (MPV, Germany), by way of purchase of shares. | |
686 | The Proposal has a wide scope. It is not limited to convictions for specific offences. Annex B contains a list of serious offences, but this list is not limited and some categories in this list are fairly unspecified (such as: road traffic regulations). Moreover, Article 1(b) mentions that not only judgments but also decisions of administrative authorities fall within the scope of the Proposal. This means that the Proposal goes far beyond the scope of the prevention and combat of crime as it is commonly understood. | |
687 | Notwithstanding their non-admission to the oral hearing, I consider that both companies, as well as the other third parties, have had sufficient possibilities to participate in the ongoing proceedings and to ensure that their views are known by the Commission services. All third parties have had the opportunity to obtain an in-depth knowledge of the issues raised by the case in the course of the procedure; some third parties made comprehensive contributions to the Commission analysis undertaken both before the issuing of the SO and after having received the non confidential version of the SO. | |
688 | This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognized in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92. | |
689 | In accordance with Article 5(2) of Directive 94/22/EC, information on the conditions and requirements concerning the exercise or termination of the activity which apply to each type of authorisations is given in Model ESA (2001) and Model PSC (2001), published by The Oil Exploration Department, Ministry for Resources and Infrastructure, Block B, Floriana CMR 02, Malta. The information in question does not necessarily apply in the case provided for in Article 3(2)(a) of Directive 94/22/EC. | |
690 | Therefore, at the present stage of the procedure the Commission has come to the conclusion that the UK authorities may have granted State aid to BT and Kingston Communications within the meaning of Article 87(1) EC. While the presence of aid may be ruled out where the differential treatment is justified by the nature and general scheme of the system, in this case the Commission doubts that this could be justified based on the intrinsic features and inherent logic of the tax system. | |
691 | In pursuance of Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, Ireland has imposed a public service obligation (PSO) in respect of a scheduled air service operated between Galway/Na Minna and the Aran Islands with effect from 1 August 2005. The standards required by this public service obligation were published in the Official Journal of the European Communities C 281/05 of 5 October 2001, as modified in the Official Journal of the European Union C 61 of 11 March 2005. | |
692 | Sustainable forest management is based on the balanced integration of economic, social and environmental objectives. There may be conflicts between the three types of objectives, but these conflicts should be seen as healthy ones, and they should give rise to cooperation between different interest groups and a constructive search for the best solution. The progress achieved in the establishment of criteria and indicators of sustainable forest management as well as in the use of voluntary schemes to certify sustainable managed forests in the EU are indicative of the progress achieved in the last years towards sustainable forest management. | |
693 | The concept of national forest programmes has evolved under a variety of intergovernmental processes over the last 20 years. Today, the term has become an important concept with a broad scope for achieving sustainable forest management. At international level there is agreement on the general principles and dimensions of national forest programmes. However, there is no commonly agreed definition. In response to this need, the European countries have developed a common approach to national forest programmes in the context of the Ministerial Conference on the Protection of Forest in Europe (MCPFE). | |
694 | Given these great varieties in tax systems, property rights etc. among the Member States a definition of a farmer at Community level is difficult. In the absence of a Community definition the Commission accepts the national definitions of a farmer; its national/regional definition must be part of the rural development programme. The verification of this status, however, is the responsibility of the Member State. The objective verification is difficult. For the next programming period more Community guidance is envisaged (e.g. requirement for proof via official documents, e.g. being registered, tax declaration, applications for direct payments). | |
695 | Article 32 of Regulation (EC) No 1257/1999 has proven difficult to implement. Nevertheless, support for maintaining the ecological role of forests continues to be justified in the general public’s interest. Therefore the proposals for the post 2006 rural development framework contain a revision of and a more targeted approach to the current Article 32 measures. There will be a clear split between mandatory obligations to be compensated (Natura 2000 payments) and voluntary commitments (in analogy to agri-environment). The ceilings, which may be co-financed, are alsoto be increased to facilitate the uptake. | |
696 | Arbitration clause Decision 2004/407/EC, Euratom Articles 2 and 3Reference to the Court of First Instance Language of the case: Greek In Case C-248/03: application under Article 238 EC, brought on 6 June 2003, by Commission of the European Communities (Agent: M. Patakia, assisted by M. Bra, K. Kapoutzidou and S. Chatziyiannis) against Transport Environment Development Systems (Trends), a civil partnership with non-profit-making aims, established in Athens (Greece), (Lawyer: V. Christianos), Marios Kontaratos, residing in Athens (Greece), Anastasios Tillis, residing in Neo Irakleio, Attica (Greece), (Lawyer: V. | |
697 | Arbitration clause Decision 2004/407/EC, Euratom Articles 2 and 3Reference to the Court of First Instance Language of the case: Greek In Case C-249/03: application under Article 238 EC, brought on 10 June 2003, by Commission of the European Communities (Agent: M. Patakia, assisted by M. Bra, K. Kapoutzidou and S. Chatziyiannis) against Transport Environment Development Systems (Trends), a civil partnership with non-profit-making aims, established in Athens (Greece), (Lawyer: V. Christianos), Marios Kontaratos, residing in Athens (Greece), Anastasios Tillis, residing in Neo Irakleio, Attica (Greece), (Lawyer: V. | |
698 | Reference for a preliminary ruling Inadmissibility Language of the case: Italian In Case C-425/03: reference for a preliminary ruling under Article 234 EC from the Giudice di pace di Milazzo (Italy), made by decision of 18 April 2003, received at the Court on 6 October 2003, in the proceedings between Provvidenza Regio and AXA Assicurazioni Sp A the Court (Fourth Chamber), composed of K. Lenaerts (Rapporteur), President of Chamber, N. Colneric and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, made an order on 19 October 2004, the operative part of which is as follows: | |
699 | The applicants submit that in adopting the decision, the Commission infringed Articles 86(2), 87(1), 88(2) and 253 EC, the Protocol annexed to the EC Treaty on the system of public broadcasting in the Member States, Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, and the Communication from the Commission on the application of the State aid rules to public service broadcasting. | |
700 | Secondly, the applicants submit that the Commission infringed Article 86(2) EC, the Protocol, and the Broadcasting Communication when it based itself on a definition of a service of a general economic interest which is too broad, too imprecisely worded and creates a distortion of competition and an effect on trade contrary to Article 86(2) EC. The applicants also claim that the Commission failed to establish that compliance with the Recovery Decision without the subsequent recapitalisation would obstruct TV2 in the performance of its public service tasks. |
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