id
stringlengths 1
5
| text
stringlengths 316
726
| title
stringclasses 1
value |
|---|---|---|
301
|
Aid specified in points 4.4.1 and 4.4.2 may only be granted if the provisions of Article 13 of Regulation (EC) No 2371/2002, of Commission Regulation (EC) No 1438/2003 of 12 August 2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 and, where relevant, of Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets in the Community outermost regions are complied with.
| |
302
|
None. Furthermore, any legal entity established in a third country not covered by point 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. The Community may contribute towards the costs of such participation.
| |
303
|
When enlargement takes place on 1 May 2004, all anti-dumping and anti-subsidy measures in force will automatically apply to imports into the enlarged 25 Member State Community. Accordingly, these measures will also apply to imports into the 10 new Member States. On enlargement, there will be a number of pending investigations initiated before 1 May 2004. Should such investigations lead to measures, these will equally apply to imports into the 25 Member State Community.
| |
304
|
On 14 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Stadtwerke Halle Gmb H (SWH, Germany) and MIDEWA Wasserversorgungsgesellschaft in Mitteldeutschland mb H (MIDEWA, Germany), which is jointly controlled by Veolia Environnement S.A. and Kommunalwirtschaft Sachsen-Anhalt Gmb H Co. KG, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Fernwasser Sachsen-Anhalt Gmb H (FSA, Germany) by way of purchase of shares.
| |
305
|
Finally, the Commission considers that France has not complied with Articles 2(2), 2(3) and 2(4) of the decision of 15 January 2002, intended to ensure the withdrawal of the elements of aid involved in the Livret bleu scheme and the better supervision of the scheme, but has merely stated that the necessary measures were being taken. The Commission has to date nothing in its possession which might lead it to conclude that the decision has been implemented effectively on those points.
| |
306
|
Cartels Market in seamless steel tubes and pipes EFTAPowers of the Commission Infringement Fines Language of the case: English In Joined Cases T-67/00, T-68/00, T-7100 and T-78/00: JFE Engineering Corp., formerly NKK Corp., established in Tokyo (Japan), represented initially by M. Smith and C. Maguire, solicitors, and subsequently by A. Vandencasteele and V. Dehin, lawyers, and A.-L. Marmagioli, solicitor, with an address for service in Luxembourg, Nippon Steel Corp., established in Tokyo, represented by J.-F.
| |
307
|
Judgment of the Court of First Instance of 7 July 2004 in Joined Cases T-107/01 and T-175/01: Société des mines de Sacilor — Lormines SA v Commission of the European Communities (ECSC Treaty — Steel — Abandonment of mining concessions — Charges imposed on mining undertakings by the French Republic — Complaint — No favourable response from the Commission — Action for failure to act — Action for annulment — Admissibility — Capacity to bring proceedings — Undertaking within the meaning of Article 80 CS)
| |
308
|
Judgment of the Court of First Instance of 6 July 2004 in Case T-281/01: Hubert Huygens v Commission of the European Communities (Officials — Reporting procedure — Delay in the drawing-up of the staff report — Reasonable period — Action for damages — Material and non-material damage — Promotions procedure — Implied rejection of the applicant's promotion — Action for annulment — Decision not to promote the applicant in the 2000 promotions procedure — Lack of statement of reasons — Decision to promote 54 officials in the 2000 promotions procedure — Inadmissibility)
| |
309
|
Community trade mark Opposition procedure Earlier DIESEL word marks Application for Community figurative trade mark DIESELITRelative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94Language of the case: Italian In Case T-186/02: BMI Bertollo Srl, established in Pianezze San Lorenzo (Italy), represented by F. Tedeschini, M. Pinnarò, P. Santer, V. Corbeddu and M. Bertuccelli, lawyers, with an address for service in Luxembourg, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: O.
| |
310
|
By this application the company Adriatica di Navigazione S.p.A. challenges, pursuant to the fourth paragraph of Article 230 of the EC Treaty, the decision of the European Commission of 16 March C(2004) 470 concerning State aid granted by Italy to the shipping companies Adriatica, Caremar, Siremar, Saremar and Toremar. In particular, the applicant asks the Court of First Instance to annul the decision under challenge inasmuch as it considers the subsidies in respect of public-service obligations made to Adriatica to be aid for the purposes of Article 87 of the Treaty, and classifies those measures as new aid.
| |
311
|
On 21 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings JPMP Capital Corp. (JPMP, U.S.A.), belonging to the U.S.-based JPMorgan Chase Group, and the Apollo Group (Apollo, U.S.A.), acquire, within the meaning of Article 3(1)(b) of the Council Regulation, joint control of the undertaking AMC Entertainment Inc. (AMC, U.S.A.) by way of purchase of shares in a special purpose vehicle company constituting a joint venture.
| |
312
|
The principle applicable to protection of intellectual property rights (Article 8), that the applicable law shall be that of the country for which protection is sought, is already generally accepted in this area. The consequent equal treatment of EU and foreign citizens in a given jurisdiction is welcome. A situation where a foreign citizen's intellectual property received either greater or lesser protection than those of an EU citizen would be difficult to justify. Article 8(2) is therefore merely stating the obvious.
| |
313
|
By granting the parties the freedom to choose the system of law after the dispute has arisen (Article 10), the regulation is rightly following a progressive trend which can, for example, also be seen in Article 42 of the German EGBG or Article 6 of the Dutch private international law. The Committee welcomes this. The reservation regarding non-applicable law in Article 10(2) and (3) is standard practice for preventing parties from circumventing the law and is therefore unexceptionable, although it does make practical application of the law more complicated.
| |
314
|
Such disparities in administratively fixed prices could be detrimental to a smooth running internal market. The EESC therefore welcomes the proposal from the Commission that a reflection should be launched to consider alternative ways to control national pharmaceutical-related expenditure by Member States. The EESC is in agreement that more dynamic and competitive market mechanisms could facilitate the objective of creating a more integrated market. The Reflection should include a review of private and public financing of medicines, and public health.
| |
315
|
The EESC supports the objective of creating virtual institutes of health to stimulate and organise health and biotechnology research in Europe to bring together those with common research interests. The EESC believes that there should be a coherent structure to bring together the knowledge and expertise with appropriate methods of dissemination if it is to retain the scientific skills of professionals and to be a serious rival in terms of R & D and innovation to the US. The 6th Framework programme for Research (FP6) is a welcome first step.
| |
316
|
Taking into account the positive experience gained in the past, which was summarised in a mid-term report, the Commission feels it would be appropriate to extend the Community's participation in the observatory for a period of two years. This short extension will cover a critical period for the definition of the future patterns of the observatory's activity and can be lodged in the Community's present financial perspectives without any prejudice for future decisions, which will be taken in 2006 with the full knowledge of the features of the observatory's new remit and financial framework.
| |
317
|
The demand for natural gas is growing rapidly, and the Community is becoming increasingly dependent on gas imports. To ensure the effective functioning of the European energy market and the future supply of gas, diversifying gas supplies and construction of new infrastructure is necessary. Investment is needed both into new supply pipelines and, even with more flexible use of present infrastructures after market opening, into internal pipelines. Close collaboration is required with supply countries and transit regions.
| |
318
|
The Commission does not, however, refer to any wider and longer term studies of the expected developments in the internal energy markets, which would provide the necessary background information for identifying key infrastructure projects. A long term vision or alternative scenarios are all the more important in a sector where the lifespan of investments is 50 years or more. This lack of reference is also surprising while such information is available, including material produced by the Commission itself.
| |
319
|
Modifications are be made to align certain provisions on those applicable to new Member States. The proposed modifications are the following: (i) an inclusion of a new eligible measure which would enable the rural communities of Bulgaria and Romania to prepare and implement local rural development strategies; (ii) an adaptation of the aid intensities to levels similar to those granted to countries acceding to the Union in 2004 and (iii) further clarification of the limits on aid rates. The latter modification shall have retrospective effect vis-à-vis all beneficiary countries.
| |
320
|
The guidance identifies Equal opportunities as having a low take-up (Section 10.1, para. 3) and being understood in a limited or traditional way (Section 10.1, para 6). Communication of the different ways of perceiving and dealing with Equal Opportunities in the Member States would greatly benefit development of new programmes. For example, gender inequalities are addressed in one theme by a small number of groups but across the programme most groups are working on this.
| |
321
|
The Commission proposes the establishment of a fund (ERF II) with a budget of EUR 687 million over a six-year period to support Member State action for the reception, integration and voluntary repatriation of third-country nationals or stateless persons having refugee status, requiring international protection (within the framework of a resettlement scheme), enjoying a form of subsidiary protection, having applied for one of the abovementioned forms of protection or enjoying temporary protection.
| |
322
|
The programme's importance is self-evident, purely in view of the fact that there are some 400000 new asylum seekers each year; they bring with them a burden of human suffering which must be met with solidarity, material, moral and psychological support, decent reception conditions, proper services, transparent and efficient procedures, an opportunity for active integration into the community by means of a socially-oriented job or activity and, in the event of a freely expressed desire to return, risk-free repatriation.
| |
323
|
The EESC also suggests that a degree of priority be attached to cultural and psychological awareness training for administrative or police officials coming into contact with refugees, asylum-seekers and people enjoying other forms of protection. This is also needed in order to counter the all too often negative image and stereotypes of refugees conveyed by the press and media. Initiatives to promote dialogue and mutual understanding between the cultures of such people and host country citizens also represent a major contribution to integration and the social consensus necessary if ERF II is to be effective in practice.
| |
324
|
In line with the Irish Presidency, the EESC strongly supports transatlantic cooperation and the constructive involvement of relevant communities of interest from American and European Civil Society. The EESC therefore advocates strengthening and broadening civil society networks including the Dialogues and is ready to contribute to increased information and interaction between these networks and dialogues, which could lead to regular and continuous cooperation and to establishing a Transatlantic and/or US Economic and Social Committee.
| |
325
|
For example, roughly half of US FDI in the 1990s went to Europe. Europe's investment stake in the US in 2000 was nearly 25 % larger than America's stake in Europe. In 2001, and throughout most of the 1990s, Europe accounted for half of total global earnings of US companies. US firms invested more than twice as much capital in the Netherlands as in Mexico. There is more European investment in Texas alone than all US investment in Japan.
| |
326
|
On average Europe has higher taxes than the US. However, this does not necessarily constitute a competitive disadvantage. If taxes are spent well, they can boost an economy's productivity. The World Economic Forum has recognised this in changing the calculation method for public budgets which resulted in the fact that Finland outperformed the US according to the 2003-2004 Global Competitiveness Report, while Sweden and Denmark also have improved their position now ranking third and fourth (formerly 5th and 10th).
| |
327
|
A series of different initiatives underway have outlined the importance and necessity of ongoing and deepened transatlantic cooperation. The German Marshall fund of the United States and the Transatlantic Policy Network have been among the most active organisations to work on the EU–US relationship. Their activities range from analysing public opinion on both sides of the Atlantic, including economic aspects of the relationship, to organising contacts and conferences and to making recommendations and strategies for the future of EU-US relations.
| |
328
|
On the economic side, there is a long-standing debate on the Transatlantic Market. TPN calls for deepening and broadening the transatlantic market, others have gone further calling for a Transatlantic Free Trade Area. In the light of the experiences of both EU integration and NAFTA, the EESC argues in favour of an approach which combines the economic, social and environmental dimension based on economic, social and territorial cohesion. This is also consistent with the draft for the EU constitution which calls for a social market economy as one of the goals of the Union.
| |
329
|
A strong transatlantic partnership is an important driving force in dealing with the challenges ahead. Both Europe and the US are cooperating bilaterally and through the support of international institutions with different parts of the world based on their respective values, convictions and policies. Economic and social cohesion, social and civil dialogue constitute basic elements of European governance, while they are much less important in the United States. These different approaches may therefore lead to conflicting recommendations and cooperation models in the regions concerned.
| |
330
|
For instance, while the US is the driving force in the creation of a Free Trade Area of the Americas on the model of the NAFTA agreement, other voices in the region have argued for drawing on the European Integration experience. Actors as diverse as the Brazilian Government, Mexico's President Vicente Fox (NAFTA plus), US Representatives and a network of trade unions have called for an alternative to the FTAA that would include elements similar to the EU such as a development fund to reduce disparities, free movement of persons, participation in decision-making, common currency and enforceable social standards.
| |
331
|
To make these dialogues and networks work effectively, it will be necessary to build on their respective interests, aspirations and concerns and on core topics of mutual interest for the partners concerned. It may be useful to have a thorough debate on their role and mission as well as on improving their effectiveness. This includes developing common understanding of their role on both sides of the Atlantic, especially with governments and parliaments, which are important political partners of the dialogues.
| |
332
|
A link is established in the Commission proposal between road use charges and the cost of constructing, operating, maintaining and developing the relevant road infrastructure network. The cost of constructing infrastructure will include only those costs arising directly from the construction of new infrastructure. By this the Commission means infrastructure which is less than 15 years old. In this way the Commission sets out to prevent existing infrastructure, which has already been paid for, being included in the scope of the directive. The Committee considers this criterion to be very fair and feels that this is the right approach.
| |
333
|
One of the Commission's guiding principles is that charging for infrastructure use should not lead to new and/or higher taxes. It therefore proposes to give the Member States the opportunity to offer compensation in the form of the total or partial abolition of the annual tax on motor vehicles. The Committee points out that many countries are already at or below the current EU minimum level and that this does not therefore offer sufficient compensation. Fiscal neutrality could only be guaranteed by reducing, where necessary, excise duty on diesel fuel.
| |
334
|
The Commission suggests that a mark-up not exceeding 25 % may, in strict conditions, be added to the tolls to finance the investment costs of other transport infrastructures of a high European interest in the same corridor or in particularly sensitive regions. The Committee feels that this option should be used as sparingly as possible and that no transport infrastructure should be excluded. And if this is done, the proceeds should be paid into a Community account pending completion of the project.
| |
335
|
The Committee also endorses the scope of the proposal, e.g. the inclusion in the proposal of TENs and part of the trunk road network close to these, as well as the consideration given, albeit outside the scope of the directive, to secondary roads which are not necessary vital to the proper operation of the internal market, and the proposal to set up an independent supervisory authority in each Member State to ensure fair distribution of costs and revenues from tolls and user charges.
| |
336
|
The restructuring plan must describe the circumstances that led to the company's difficulties, thereby providing a basis for assessing whether the proposed measures are appropriate. It must take account, inter alia, of the present state of and future prospects for supply and demand on the relevant product market, with scenarios reflecting best-case, worst-case and intermediate assumptions and the firm's specific strengths and weaknesses. It must enable the firm to progress towards a new structure that offers it prospects for long-term viability and enables it to stand on its own feet.
| |
337
|
The Commission will authorise schemes for providing rescue and/or restructuring aid to small or medium-sized enterprises in difficulty only where the firms concerned correspond to the Community definition of SMEs. Subject to the following specific provisions, the compatibility of such schemes will be assessed in the light of the conditions set out in Chapters 2 and 3, with the exception of Section 3.1.2 which does not apply to aid schemes. Any aid which is granted under a scheme but does not meet any of those conditions must be notified individually and approved in advance by the Commission.
| |
338
|
On 29 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Bayer Health Care AG (Germany) controlled by Bayer AG (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the worldwide Roche OTC business (Orion, Switzerland) belonging to the undertaking Roche Holding AG (Switzerland) by way of purchase of shares and assets.
| |
339
|
On the Funchal/Ponta Delgada/Funchal, Lisbon/Santa Maria/Lisbon and Lisbon/Pico/Lisbon routes, if the schedules submitted by the carrier(s) provide for more than one service a week, these must be operated on different days. On the Lisbon/Terceira/Lisbon, Lisbon/Horta/Lisbon and Oporto/Ponta Delgada/Oporto routes services must be spread evenly throughout the week. If the total number of services offered per week on any given route by all operators combined is more than 6 (six), there must be at least one service a day.
| |
340
|
On routes with more than two daily frequencies offered in each direction, reduction in production according to 3.2.1 shall take place by reducing frequencies offered. The only exception from this is when the operator uses aircraft with larger seating capacity than the minimum specified in the imposition of public service obligations. The operator may then use smaller aircraft, however, not with lower seating capacity than the minimum specified in the imposition of public service obligations.
| |
341
|
On 30 September 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Adecco Travail Temporaire (Adecco, France) belonging to the Swiss group Adecco SA, Manpower France (Manpower, France), controlled by Manpower Europe Holdings AMPS (Denmark) and Vediorbis (France) belonging to the group Vedior (France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking PATT S.N.C. (PATT, France) by way of purchase of shares in a newly created company constituting a joint venture.
| |
342
|
Judgment of the Court of First Instance of 29 April 2004 in Joined Cases T-236/01, T-239/01, T-244/01 to T-246/01, T-251/01 and T-252/01: Tokai Carbon Co. Ltd and Others v Commission of the European Communities (Competition — Appeal — Cartel — Graphite electrodes market — Price-fixing and market-sharing — Calculation of fines — Concurrent sanctions — Guidelines on the method of setting fines — Applicability — Gravity and duration of the infringement — Aggravating circumstances — Attenuating circumstances — Ability to pay — Cooperation during the administrative procedure — Arrangements for payment)
| |
343
|
The applicant alleges that in breach of Article 11(7) of Regulation 1073/1999, the OLAF Supervisory Committee was not informed prior to the complaints to the national authorities. During the entire internal OLAF investigation, the applicant has never been heard. Moreover, the decision was void in that it was based on the wrong legal basis. OLAF acted in the context of an internal OLAF investigation which aims to cover alleged breaches of applicable rules by officials although the applicant is neither an official nor a servant of any Community organ.
| |
344
|
With regard to the eighth indent of Article 4(5) of Regulation No 1972/2003 the applicant argues that the Commission lacked competence and that there has been a breach of the first paragraph of Article 41 of the abovementioned Act of Accession and infringement of the principle of proportionality in so far as the contested provision covers products for which the Polish customs rate for imports on 30 April 2004 was greater than or equal to the Community rate and also products in respect of which there was, on 1 May 2004, no evidence of surplus stocks at national level.
| |
345
|
Infringement of Article 87 et seq of the EC Treaty and failure adequately to state reasons. It is claimed that in the contested decision the Commission never explains why and to what extent aid such as that in question, which is individual and for a very low amount, is capable of having an effect on trade between Member States. Nor does the defendant explain on what evidence it bases its claim of the risk of distortion of competition within the Community, above all with respect to aid which is very limited in amount.
| |
346
|
Introduction: 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, Norway has decided to impose public service obligations on scheduled regional air services Narvik (Framnes) — Bodø v.v. as of 8 March 2005, as published 7 October 2004 in Official Journal of the European Communities No C 248 and in the EEA Supplement No 50.
| |
347
|
On 6 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Sportfive Gmb H (Sportfive, Germany), jointly controlled by Advent S5 S.a.r.l. (Advent S5, Luxemburg) and Bertelsmann AG (Bertelsmann, Germany), and HSG Technischer Service Gmb H (HSG, Germany), belonging to the Bilfinger Berger Group (Bilfinger, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Stadion Frankfurt Management Gmb H (Stadion Frankfurt, Germany) by way of purchase of shares.
| |
348
|
Retail sales involve sales to motorists through service stations (whether branded or not). There are broadly three categories of service station: (i) service stations owned or supplied by traditional, vertically integrated oil companies; (ii) independent service stations; and (iii) supermarkets. The types of fuel sold in Spanish service stations are: 98 octane unleaded petrol; 95 octane unleaded petrol; 97 octane lead replacement petrol, A diesel (motor cars) and B diesel (agricultural vehicles).
| |
349
|
The derogations laid down in Article 87(2) and (3) do not apply in this case; for aid measures to contribute to the development of certain activities or economic regions within the meaning of Article 87(3)(c) of the EC Treaty, they must act as an incentive. If, as in the case in point, the investments have already been carried out, the aid provides no such incentive and is nothing more than operating aid, which is incompatible with the common market and, therefore, prohibited by the Treaty (Article 87(1).
| |
350
|
On 11 October 2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Outokumpu Wasacopper Oy (Wasacopper, Finland), belonging to the Outokumpu Group (Finland), and Aurajoki Oy (Aurajoki, Finland), controlled by Cap Man Oyj (Finland), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Cupru Oy, the name of which will be changed to Aura Coat Oy (Aura Coat, Finland), by way of purchase of shares.
| |
351
|
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 recognised 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.
| |
352
|
On 11 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Quijote Investments SÁRL (Luxembourg), belonging to the Apax group of companies (Apax) and Vista Desarrollo S.A., S.C.R. (Vista Desarrollo, Spain) belonging to Banco Santander Central Hispano S.A. (SCH, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Corporativa de Servicios Grupo Itevelesa, S.L. (Itevelesa, Spain) by way of purchase of shares.
| |
353
|
In the course of investigation under Articles 20, 21 and 22(2) of Regulation No 1/2003 and Articles 12 and 13 of the Merger Regulation, the Commission may collect a number of documents, some of which may, following a more detailed examination, prove to be unrelated to the subject matter of the case in question. Such documents may be returned to the undertaking or association from which those have been obtained. Upon return, these documents will no longer constitute part of the file.
| |
354
|
Information relating to an undertaking but which is already known outside the undertaking (in case of a group, outside the group), or outside the association to which it has been communicated by that undertaking, will not normally be considered confidential. Information that has lost its commercial importance, for instance due to the passage of time, can no longer be regarded as confidential. As a general rule, the Commission presumes that information pertaining to the parties' turnover, sales, market-share data and similar information which is more than five years old is no longer confidential.
| |
355
|
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
| |
356
|
EAGGFClearance of accounts1996 to 1999Decision 2001/557/ECCotton, olive oil, dried grapes, sheepmeat and goatmeat Language of the case: Greek Provisional translation; the definitive translation will be published in the European Court Reports In Case C-304/01: Hellenic Republic (Agents: V. Kontolaimos and I. Chalkias) v Commission of the European Communities (Agent: M. Condou-Durande) — application for annulment under Article 230 EC brought on 3 September 2001 — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues (Rapporteur), R. Schintgen and N.
| |
357
|
Declares that, by adopting Articles 22 to 24 and 25(2) of the Reglamento de conductores (Regulations on Drivers), of 30 May 1977, and also the seventh transitional provision of those regulations, the Kingdom of Spain has failed to fulfil its obligations under Articles 1(2) and 7(1)(a) of, and point 4 of Annex I to, Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Council Directive 96/47/EC of 23 July 1996;
| |
358
|
Failure by a Member State to fulfil its obligations Environment Waste management Castelliri waste disposal site Directive 75/442/EEC of 18 March 1991 as amended by Directive 91/156/EECArticles 4 and 8Language of the case: Italian In Case C-375/02: Commission of the European Communities (Agents: M. Konstantinidis and R. Amorosi) v Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli) — action for failure to fulfil obligations under Article 226 EC brought on 18 October 2002 — the Court (Fifth Chamber), composed of: C. Gulmann, President of Chamber, S. von Bahr and R.
| |
359
|
Failure by a Member State to fulfil its obligations Environment Waste management Rodano waste disposal site Directive 75/442/EEC as amended by Directive 91/156/EECArticles 4 and 8Language of the case: Italian In Case C-383/02: Commission of the European Communities (Agents: M. Konstantinidis and R. Amorosi) v Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli) — action for failure to fulfil obligations under Article 226 EC brought on 18 October 2002 — the Court (Fifth Chamber), composed of: C. Gulmann, President of Chamber, S. von Bahr and R.
| |
360
|
Failure of a Member State to fulfil obligations Directive 93/13/EECUnfair terms in consumer contracts Rules of interpretation Rules concerning conflict of laws Language of the case: Spanish Provisional translation; the definitive translation will be published in the European Court Reports In Case C-70/03: action under Article 226 EC for failure to fulfil obligations brought on 17 February 2003, Commission of the European Communities (Agents: I. Martínez del Peral and M. França) v Kingdom of Spain (Agent: L. Fraguas Gadea) — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas and R.
| |
361
|
Failure by a Member State to fulfil its obligations Failure to transpose Directive 98/44/ECLanguage of the case: French In Case C-450/03: Commission of the European Communities (Agent: K. Banks) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action for failure to fulfil obligations under Article 226 EC — the Court (Sixth Chamber), composed of: J.-P. Puissochet, President of Chamber, F. Macken (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs, Advocate General; R.
| |
362
|
Public service contracts Community tendering procedure Application for interim measures Application for suspension of operation and interim measures Urgency Absence Language of the case: French In Case T-148/04 R, TQ3 Travel Solutions Belgium SA, having its registered office in Mechelen (Belgium), represented by R. Ergee and K. Möric, lawyers, against Commission of the European Communities (Agents: L. Parpala and E. Manhaeve, with an address for service in Luxembourg), supported by Wagon-Lits Travel SA, having its registered office in Brussels (Belgium), represented by F. Herbert and H.
| |
363
|
By Decision 93/82/EEC of 23 December 1992, the Commission imposed on, inter alia, the applicant a fine in the context of a proceeding pursuant to Articles 85 and 86 (now Articles 81 and 82) of the EC Treaty. The applicant brought an action against that decision and the Court of Justice, by judgment of 16 March 2000, annulled the decision in so far as it imposed a fine on the applicant. Following that judgment, the Commission adopted the contested decision, which imposed a fine of EUR 3400000 on the applicant for the same infringements.
| |
364
|
The applicant submits further that there has been a breach of Article 12 of Council Regulation No 2658/87, which prescribes that the full text of the Combined Nomenclature for a particular year must be published by no later than 31 October of the preceding year. The purpose of that provision is specifically to provide market participants with reliable information on imminent financial consequences and it thus establishes a basis on which Community citizens can make informed plans enabling them to act in an appropriate manner.
| |
365
|
that the Commission infringed, or misapplied, Article 87 EC by considering to be incompatible with the common market, in so far as they were liable to distort competition in intra-Community relations, aids granted to Wam Sp A notwithstanding the absence of any competitive relationship between Wam Sp A and Morton Machine Ltd, since Wam Sp A did not produce or market industrial mixers and Wam Engineering Ltd was not a subsidiary of Wam Sp A, an independent company which has its registered office in England and is governed by English law;
| |
366
|
The applicant submits that the Commission's assessment is incorrect in the re-examination of the question of whether TV2/DANMARK A/S's public service obligations are defined in sufficient detail, since it has found that all of TV2/DANMARK A/S's programme range forms part of its public service obligations. It is precisely this aspect which makes it difficult to re-examine whether the Danish State has complied and continues to comply with the Community competition rules, in particular Article 87(1) EC, together with Article 86(2) EC.
| |
367
|
The applicants also allege that the Commission infringed Article 86(2) EC and the Protocol when it approved the aid notwithstanding its own finding of doubt as to the pricing behaviour of TV2 and the price level in Denmark. Furthermore, the Commission infringed Article 86(2) EC when it failed to examine whether the net costs of TV2 were proportionate to the public service obligations and when accepting the absence of any, or in the alternative, sufficient Danish public control over TV2's performance of its public service remit.
| |
368
|
Second, the applicant complains that the contested decision disregarded the requirements of the principle of sincere cooperation which applies to the European Commission in its relations with national institutions, as established under Article 10 EC and set out in Regulation (EC) No 1/2003, first, by failing to inform the national court in full of the background to the case, then, by failing to consult the French competition authority, as provided in Article 11(6) of that regulation, even though the matter had been brought before it in January 2004.
| |
369
|
The applicant is an export agency for French-language books. In 1992, it lodged a complaint with the Commission relating to aid paid since 1977 by the French Government to the Coopérative d'Exportation du Livre Français (CELF). The Commission adopted decisions pursuant to that complaint. Those decisions were annulled by judgments of 18 September 1995 in Case T-49/93 and of 28 February 2002 in Case T-155/98. Further to the second judgment, the Commission adopted a third decision which is challenged in this action.
| |
370
|
the Commission relied on one of the exceptions provided for in Regulation No 1049/2001 to refuse access, without putting forward any ground in that regard; in any event, as to the exception relied on (protection of commercial secrecy under Article 4(2) of Regulation No 1049/2001), the applicant notes that the conditions for the application of that exception do not exist since in the OCM banana sector there cannot be said to be any commercial secrets to be protected, in the terms stated by the Commission;
| |
371
|
On 20 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Apax Europe V controlled by the Hirzell Trust (Apax, Guernsey) and Cinven Limited belonging to the Cinven group (Cinven, UK) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking VNU World Directories Inc. (World Directories, US) by way of purchase of shares.
| |
372
|
Note: It is intended that a consortium supported through an integrated infrastructure initiative cannot be supported at the same time through a coordination action. It is also intended that an infrastructure supported for access within an integrated infrastructure initiative cannot be supported, at the same time, under the individual scheme for trans-national access, or vice-versa, or under a separate Integrated infrastructure initiative. An exception will be made only in those cases where the same infrastructure is offering different services under different contracts, provided a clear distinction can be demonstrated between the corresponding populations of potential users.
| |
373
|
On 4 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Columbia Pictures Corporation Limited (Sony Pictures, United Kingdom), belonging to the Sony group (Sony, Japan), The Walt Disney Company Limited (Disney, USA), and ON Demand Group (ODG, United Kingdom) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Movie Co, (Movie Co, United Kingdom) by way of purchase of shares in a newly created company constituting a joint venture.
| |
374
|
On routes with more than two daily frequencies offered in each direction, reduction in production according to 3.2.1 shall take place by reducing frequencies offered. The only exception to this is when the operator uses aircraft with larger seating capacity than the minimum specified in the imposition of public service obligations. The operator may then use smaller aircraft, however, not with lower seating capacity than the minimum specified in the imposition of public service obligations.
| |
375
|
Note: It is intended that a consortium supported through an integrated infrastructure initiative cannot be supported at the same time through a coordination action. It is also intended that an infrastructure supported for access within an integrated infrastructure initiative cannot be supported, at the same time, under the individual scheme for trans-national access, or vice-versa, or under a separate Integrated infrastructure initiative. An exception will be made only in those cases where the same infrastructure is offering different services under different contracts, provided a clear distinction can be demonstrated between the corresponding populations of potential users.
| |
376
|
At the end of 2002 total irregular payments reported since 1971 totalled 3,1 billion euro. Of this sum 537 million euro had been recovered from beneficiaries and 252 million euro written off at the expense either of the Community or of the Member State concerned. The remaining 75 % of reported irregular payments were still pending, neither recovered nor written off. Most reported irregular payments relate to intervention in markets: expenditure in the fruit and vegetable sector and on export refunds accounts for over half of the total.
| |
377
|
Only 10 % of reported irregular payments have been written off, partly because Member States have put forward few cases as irrecoverable, partly because the Commission has been slow to take action on long-standing irregular payments. The Commission had no adequate criteria for deciding whether sums written off should be charged to the Member States or borne by the Community and has inadequate information on whether decisions written off are carried out correctly.
| |
378
|
The Commission Decision on these cases was published on 28 June 2003. The amount of 69,4 million euro was written off against the budget and 5,3 million charged to Member States. Italian cases, which account for 66 % (750 million euro) of the amount to be recovered for pre-1995 cases, were excluded from the recommendations and decision. No reason was given for this. Also excluded from consideration were 95 pre-1995 cases for a total value of 118,8 million euro.
| |
379
|
However, in practice, of the irregular payments made and notified to the Commission since 1971, totalling 3,1 billion euro, 537 million euro had been recovered from CAP beneficiaries by the end of 2002; 110 million euro had been written off against the Community budget and 142 million euro had been written off at the cost of Member States. Three quarters of irregular payments reported remain pending, neither recovered nor written off.
| |
380
|
As regards inconsistencies, Member States have been informed of these and were asked to update these cases by sending digital updates. In meetings of Article 280 Working group, Cocolaf and the Group Irregularities and Mutual Assistance — Agricultural Products explanation and training concerning the ECR (Electronic Case Registry) database were given to Member States. In general it can be said that Member States have improved the reporting of irregularities, but not all obligations of Regulation (EEC) No 595/91 are completely complied with.
| |
381
|
In shared management, the Member State responsible is in direct contact with the debtors. The Commission is not in a position to write off debts. According to Regulation (EC) No 1258/1999 the Commission is legally obliged to exclude all expenditure from Community financing where that expenditure has not been executed in compliance with Community rules. Accepting compromise settlements and/or partial payments should be assessed on a case-by-case approach on the basis of national law and in conjunction with the criteria as laid down in Article 8 of Regulation (EC) No 1258/1999.
| |
382
|
Following the Communication of the Commission entitled Improving the recovery of Community entitlements arising from direct and shared management of Community expenditure of 3 December 2002 (COM(2002) 671 final), the Commission decided to set up a joint OLAF- Directorate-General for Agriculture Task Force Recovery in order to clear the burden of the past, i.e. all the irregularity cases prior to 1999 and still open in order to prepare a decision on whether the Community or the Member State bears the financial consequences.
| |
383
|
At the beginning of May 2004, the amount of irregular payments notified since 1971 stood at EUR 2983 million while the amount to be recovered represented EUR 2083 million. The updated percentage refered to by the Court represented therefore 30 %. (The quality and reliability of the data has improved during the year 2003 due to the quality checks, audits of the Task Force Recovery and feedback from Member States). This figure includes all updates of the year 2003 and the financial impact of Commission Decision 2003/481/EC.
| |
384
|
The Commission considers that the allocation of responsibilities between OLAF and the Directorate-General for Agriculture has been clearly defined: According to Annex 2 to the Communication of the Commission SEC(95) 249, OLAF is responsible in matters of recovery on reported irregularities. Any decision to write off irrecoverable amounts has to be taken by the Commission via the EAGGF clearance-of-accounts procedure that is conducted by the Directorate-General for Agriculture, in which OLAF assists throughout its different steps.
| |
385
|
The Commission informs Member States of OLAF's recommendations, which are only mere proposals at that stage, the final decision being taken by the College. It is not excluded that some Member States already anticipate these recommendations and take them for granted. During the clearance-of-accounts procedure, the Commission has very substantial powers; firstly, it is responsible for auditing and evaluating the Member State’s management of EAGGF Guarantee expenditure, and secondly, it is the institution which unilaterally decides which amounts to refuse for financing.
| |
386
|
The Commission applied four guiding principles and a number of procedural criteria documented in July 2002. They are detailed in answer to point 44. Since the creation of the Task Force Recovery, the Commission services have refined a list of criteria upon which all files are audited in order to have a decision on whether the amounts at stake are charged to the Community budget or to the Member State. This audit concerns all outstanding files up to 31 December 1998.
| |
387
|
Declares that: by denying workers who are nationals of other Member States of the European Union or the European Economic Area the right to stand for election to workers' and employees' chambers, the Republic of Austria has failed to fulfil its obligations under Article 39 EC, Article 8 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992, and Article 28 of the Agreement on the European Economic Area;
| |
388
|
Failure of a Member State to fulfil obligations Incorrect transposition Directive 98/10/ECTelecommunications Concepts of ‘a basic level of itemised billing’ and ‘still more detailed presentation’Language of the case: German Provisional translation; the definitive translation will be published in the European Court Reports In Case C-411/02: action under Article 226 EC for failure to fulfil obligations, brought on 18 November 2002, Commission of the European Communities (Agents: C. Schmidt and M. Shotter) v Republic of Austria (Agents: E. Riedl and T. Kramler) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), J.-P.
| |
389
|
Declares that, by opting for billing which lists charges only according to the type of charge and is not sufficiently detailed to ensure effective verification and control by the consumer, the Republic of Austria has failed to fulfil its obligations under Article 14(2) of Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment;
| |
390
|
Failure by a Member State to fulfil its obligations Directives 89/665/EEC and 95/63/ECIncomplete transposition Additional adjustment period Language of the case: Spanish Provisional translation; the definitive translation will be published in the European Court Reports In Case C-168/03: Commission of the European Communities (Agent: I. Martínez del Peral) v Kingdom of Spain (Agent: L. Fragua Gadea) — action under Article 226 EC for failure to fulfil obligations, brought on 11 April 2003 — the Court (Second Chamber), composed of: C W.A Timmermans, President of the Chamber, J.N. Cunha Rodrigues, J-P. Puissochet, R. Schintgen and N. Colneric (Rapporteur) Judges; C.
| |
391
|
In the light of the case-law of the Court of Justice, the Commission finds that the principle of equal treatment of Community workers laid down in Article 39 of the EC Treaty and Article 7(1) of Regulation No 1612/68 must be interpreted as meaning that the earlier periods of comparable occupation, acquired by Community workers in the public sector of another Member State, must be taken into consideration by the Italian administration in calculating the appropriate professional remuneration as if it were experience acquired in the Italian system.
| |
392
|
An appeal against the judgment delivered on 8 July 2004 by the Fifth Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-198/01 between Technische Glaswerke Ilmenau Gmb H and the Commission of the European Communities, supported by Schott Glas, was brought before the Court of Justice of the European Communities on 22 September 2004 by Technische Glaswerke Ilmenau Gmb H, represented by Christoph Arhold and Norbert Wimmer, Rechtsanwälte, White & Case LLP, 62 rue de la Loi, B-1040 Brussels, with an address for service in Luxembourg.
| |
393
|
If the Commission's reasoning satisfied the requirements of Article 253 EC, the Court of First Instance should in any case have found a manifest error of assessment on the part of the Commission, since the Commission's reasoning was manifestly incapable of casting doubt on the appellant's submissions on the ceasing to exist of the basis of the transaction. A breach of Article 87(1) EC by the Commission should accordingly have been found by the Court of First Instance.
| |
394
|
Article 57 of the Act of Accession 2003 is not the appropriate legal basis for the adoption of the disputed directive. The purpose of that provision is to adapt Community legislation by reason of accession and to apply to the new Member States Community acts which have not been adapted by the Act of Accession itself. Accordingly, further amendments cannot be based on Article 57 of the act. That provision cannot be used to introduce derogations to Community acts, particularly those which go beyond those expressly granted by and delimited in the Act of Accession.
| |
395
|
In support of their application, the applicants submit that the Commission infringed Articles 2(3) and 2(5) of the Basic Regulation in rejecting the prices paid by Viz Stal to its supplier. According to the applicants, the Commission erroneously concluded that Viz Stal and its supplier, Magnitogorsk, were associated parties and that the prices charged were unreliable. In this regard, the applicants also submit a violation of their rights of defence as guaranteed in Article 18(4) of the Basic Regulation and Article 6.2 of the WTO Agreement on Anti-Dumping.
| |
396
|
The applicants furthermore submit that the Commission infringed Articles 2(5) and 2(6) of the Basic Regulation, in increasing the financing costs incurred by Viz Stal, as reflected in its accounting records, by applying an interest rate on non-interest bearing loans granted by Vetrade, the holding company of Viz Stal. According to the applicants, no cost has actually been incurred by Viz Stal with respect to those loans, which cannot be compared to loans granted by independent third parties. The applicants also claim that the interest rate used by the Commission was arbitrary.
| |
397
|
order the two Community institutions jointly and severally to pay to him (i) as compensation for material damage, the sum which will result from the relevant calculations of the salary for the equivalent post at the ECB, over the period from April 2001 until three months after delivery of the Court of First Instance's judgment if it is favourable for the applicant, less his income as a lawyer in the corresponding period, and (ii) the sum of EUR 90000 for non-material damage, together with legal interest from the bringing of the action;
| |
398
|
On 3 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Techint European Holding B.V. belonging to the Techint Group (Techint, Netherlands), Stella International S.A., belonging to the Stella Group (Stella, Luxembourg), James Jones & Sons (James Jones, UK), Investindustrial General Partner Limited (Investindustrial, UK) and Clessidra SGR S.p.A. (Clessidra, Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Sirti S.p.A. (Sirti, Italy), by way of purchase of shares.
| |
399
|
On 4 November 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Bertelsmann AG (Bertelsmann, Germany), its solely controlled subsidiary Gruner+Jahr AG & Co. KG (G+J, Germany), and Axel Springer AG (Springer, Germany), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking New Co (New Co, Germany) by way of purchase of shares in a newly created company constituting a joint venture.
| |
400
|
The Commission considers that the information furnished by the Belgian authorities does not justify the conclusion of the agreement in question between the Belgian State and Umicore or permit the reduction in the VAT debt established in the light of the Special Tax Inspectorate's findings. In particular, the information furnished appears contradictory in that, on the one hand, the Belgian authorities have asserted that Umicore owed the Belgian State a VAT debt and that, moreover, a tax fine should be imposed, while on the other hand those same authorities considered that no tax debt had been established.
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.