ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 113/8

Judgment of the Court (First Chamber) of 26 March 2009 (reference for a preliminary ruling from the Landgericht Hamburg (Germany)) — Turgay Semen v Deutsche Tamoil GmbH

(Case C-348/07) (1)

(Directive 86/653/EEC - Article 17 - Self-employed commercial agents - Termination of a contract - Right to an indemnity - Determining the amount of the indemnity)

2009/C 113/14

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Applicant: Turgay Semen

Defendant: Deutsche Tamoil GmbH

Re:

Reference for a preliminary ruling — Landgericht Hamburg — Interpretation of Article 17(2)(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ 1986 L 382, p. 17) — Entitlement of commercial agent to an indemnity after termination of the agency contract — Determination of the amount of that indemnity in a situation in which the benefits which the principal continues to derive from business with customers which the commercial agent brought exceed the latter’s loss of commission

Operative part of the judgment

1. Article 17(2)(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents is to be interpreted to the effect that it is not possible automatically to limit the indemnity to which a commercial agent is entitled by the amount of commission lost as a result of the termination of the agency contract, even though the benefits which the principal continues to derive have to be given a higher monetary value.

2. Article 17(2)(a) of Directive 86/653 is to be interpreted to the effect that, where the principal belongs to a group of companies, benefits accruing to other companies of that group are not, in principle, deemed to be benefits accruing to the principal and, consequently, do not necessarily have to be taken into account for the purposes of calculating the amount of indemnity to which a commercial agent is entitled.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 90/3

Judgment of the Court (Third Chamber) of 19 February 2009 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v Kamino International Logistics BV

(Case C-376/07) (1)

(Common Customs Tariff - Combined Nomenclature - Tariff classification - Monitors of the liquid crystal display (LCD) type with SUB-D, DVI-D, USB, S-video and composite-video sockets - Heading 8471 - Heading 8528 - Regulation (EC) No 754/2004)

2009/C 90/05

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Staatssecretaris van Financiën

Defendant: Kamino International Logistics BV

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Annex I to Commission Regulation (EC) No 1789/2003 of 11 September 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2003 L 281, p. 1) — Colour monitor capable of displaying signals from an automatic data-processing machine and from another source — Classification under heading 8471 of the CN — Applicability and validity of Commission Regulation (EC) No 754/2004 of 21 April 2004 on the classification of certain goods in the CN (OJ 2004 L 118, p. 32)

Operative part of the judgment

1. Monitors such as those at issue in the main proceedings are not excluded from classification in subheading 8471 60 90, as units of the kind used ‘principally’ in an automatic data-processing system within the meaning of Note 5(B)(a) to Chapter 84 of the combined nomenclature constituting Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1789/2003 of 11 September 2003, solely because they are capable of displaying signals coming both from an automatic data-processing machine and from other sources.

2. In order to determine whether monitors such as those at issue in the main proceedings are units of the kind used principally in an automatic data-processing system, the national authorities, including the courts, must refer to the indications given in the Explanatory Notes relating to heading 8471 of the Harmonised System introduced by the International Convention on the Harmonised Commodity Description and Coding System, concluded in Brussels on 14 June 1983, and the Protocol of Amendment thereto of 24 June 1986, in particular to points 1 to 5 of Part One, Chapter I(D), relating to display units of automatic data-processing machines.

3. Commission Regulation (EC) No 754/2004 of 21 April 2004 concerning the classification of certain goods in the Combined Nomenclature is not applicable for the purposes of tariff classification of the monitors at issue in the main proceedings.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 141/4

Judgment of the Court (Second Chamber) of 23 April 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-287/07) (1)

(Failure of a Member State to fulfil obligations - Public contracts - Directive 2004/17/EC - Procedures for the award of contracts in the water, energy, transport and postal services sectors - Incorrect or incomplete transposition - Failure to transpose within the prescribed period)

2009/C 141/06

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: B. Stromsky, D. Kukovec and M. Konstantinidis, Agents)

Defendant: Kingdom of Belgium (represented by: D. Haven and J.-C. Halleux, Agents)

Re:

Failure of Member State to fulfil obligations — Failure to have taken, within the prescribed period, all the provisions necessary to comply with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ 2004 L 134, p. 1).

Operative part of the judgment

The Court:

1. Declares that, — by failing to adopt the laws, regulations and administrative provisions necessary to transpose completely and correctly Article 1(2)(b), the second subparagraph of Article 1(2)(c), Article 1(2)(d) and the second subparagraph of Article 1(13), Article 14(4), Article 17(10)(a) and (c), Article 34(8), Article 36(2), Article 39(2), Article 45(1) and (3)(a) and (c), Article 48(1) to (4) and (6)(c), the second indent of Article 49(2), Article 49(3) to (5), the first subparagraph of Article 50(1) under (c), Article 52(1), the second subparagraph of Article 57(1) under (d) and (e) and the first sentence of Article 57(3), and Article 65(2) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, and — by failing to have adopted, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Article 9, Article 34(2), Article 52(3) and the second sentence of Article 57(3) of Directive 2004/17, the Kingdom of Belgium has failed to fulfil its obligations under that Directive;

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 211, 08.09.2007.
EN Official Journal of the European Union C 153/6

Judgment of the Court (Fourth Chamber) of 30 April 2009 — Italian Republic v European Parliament

(Joined Cases C-393/07 and C-9/08) (1)

(Action for annulment - Decision of the European Parliament of 24 May 2007 on the verification of the credentials of Beniamino Donnici - Member of the European Parliament - Verification of the credentials of a Member of the Parliament - Appointment of a member resulting from the withdrawal of candidates - Articles 6 and 12 of the 1976 Act)

2009/C 153/11

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: I. Braguglia, R. Adam, Agents, P. Gentili, avvocato dello Stato) (C-393/07)

Intervener in support of the applicant: Republic of Latvia

Applicant: Beniamino Donnici (represented by: M. Sanino, G. M. Roberti, I. Perego and P. Salvatore, avvocati) (C-9/08)

Intervener in support of the applicant: Italian Republic

Defendant: European Parliament (represented by: H. Krück, N. Lorenz, L. Visaggio, Agents, E. Cannizzaro, Professor)

Intervener in support of the defendant: Achille Occhetto (represented by: P. De Caterini and F. Paola, avvocati)

Re:

Annulment of Decision P6_TA-PROV(2007)0209 of the European Parliament of 24 May 2007 concerning the verification of Beniamino Donnici’s credentials [2007/2121/(REG)], notified on 28 May 2007 — Member of the European Parliament — Verification of credentials — Appointment of a Member due to the withdrawal of candidates

Operative part of the judgment

The Court:

1. Annuls Decision 2007/2121(REG) of the European Parliament of 24 May 2007 on the verification of credentials of Mr Beniamino Donnici;

2. Orders the European Parliament to pay Mr Donnici’s costs and those incurred by the Italian Republic as applicant;

3. Orders the Italian Republic as intervener, the Republic of Latvia and Mr Occhetto to bear their own costs.

(1) OJ C 247, 20.10.2007.
EN Official Journal of the European Union C 141/3

Judgment of the Court (First Chamber) of 23 April 2009 (reference for a preliminary ruling from the Rechtbank van koophandel te Antwerpen (Belgium)) — VTB-VAB NV (C-261/07) and Galatea BVBA (C-299/07) v Total Belgium NV (C-261/07) and Sanoma Magazines Belgium NV (C-299/07)

(Case C-261/07 and C-299/07) (1)

(Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting combined offers to consumers)

2009/C 141/05

Language of the case: Dutch

Referring court

Rechtbank van koophandel te Antwerpen

Parties to the main proceedings

Applicants: VTB-VAB NV (C-261/07), Galatea BVBA (C-299/07)

Defendants: Total Belgium NV (C-261/07), Sanoma Magazines Belgium NV (C-299/07)

Re:

Reference for a preliminary ruling — Rechtbank van koophandel te Antwerpen — Interpretation of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 147, p. 22) — National legislation prohibiting combined offers to consumers

Operative part of the judgment

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as precluding national legislation, such as that at issue in the disputes in the main proceedings, which, with certain exceptions, and without taking account of the specific circumstances, imposes a general prohibition of combined offers made by a vendor to a consumer.

(1) OJ C 199, 25.8.2007.
2.

Regulation No 1347/2001 must be interpreted as having no adverse effects on the validity and the possibility of using, in one of the situations referred to in Article 13 of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, pre-existing trade marks of third parties in which the word ‘Bavaria’ appears and which were registered in good faith before the date on which the application for registration of the protected geographical indication ‘Bayerisches Bier’ was lodged, provided that those marks are not affected by the grounds for invalidity or revocation as provided for by Article 3(1)(c) and (g) and Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks.
1.

Article 4(1) and (2) of Commission Regulation (EC) No 1972/2003 of 10 November 2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, Article 6(3) of Commission Regulation (EC) No 60/2004 of 14 January 2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and Commission Regulation (EC) No 832/2005 of 31 May 2005 on the determination of surplus quantities of sugar, isoglucose and fructose for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia do not preclude a national measure, such as the Law on the surplus stock charge (Üleliigse laovaru tasu seadus) of 7 April 2004, as amended on 25 January 2007, under which an operator’s surplus stock is determined by deducting from the stock actually held on 1 May 2004 the transitional stock defined as the average stock on 1 May of the previous four years of activity multiplied by a coefficient of 1.2 corresponding to the growth of agricultural production observed in the Member State in question during that period.
EN Official Journal of the European Union C 267/11

Judgment of the Court (First Chamber) of 10 September 2009 — Commission of the European Communities v Ente per le Ville Vesuviane (C-445/07 P), Ente per le Ville Vesuviane v Commission of the European Communities (C-455/07 P)

(Joined Cases C-445/07 P and C-455/07 P) (1)

(Appeal - European Regional Development Fund (ERDF) - Development of infrastructure for the expansion of tourism in Regione Campania (Italy) - Closure of Community financial assistance - Actions for annulment - Admissibility - Local or regional entity - Measures of direct and individual concern to that entity)

2009/C 267/18

Language of the case: Italian

Parties

Appellants: Commission of the European Communities (represented by: L. Flynn, Agent, A. Dal Ferro, avvocato) (C-445/07 P), Ente per le Ville Vesuviane (represented by: E. Soprano, avvocato) (C-455/07 P)

Other parties to the proceedings: Ente per le Ville Vesuviane (represented by: E. Soprano, avvocato) (C-455/07 P), Commission of the European Communities (represented by: L. Flynn, Agent, A. Dal Ferro, avvocato) (C-445/07 P)

Re

Appeal against the judgment of the Court of First Instance (Second Chamber) of 18 July 2007Ente per le Ville Vesuviane v Commission (T-189/02) by which the Court rejected the action for annulment of Commission Decision D(2002) 810111 of 13 March 2002 ending financial assistance from the European Regional Development Fund (ERDF) in the form of investment in infrastructure in Campania (Italy) relating to an integrated scheme of development of three Vesuvian villas for the purposes of tourism (ERDF No 86/05/04/054).

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Court of First Instance of the European Communities of 18 July 2007 in Case T-189/02 Ente per le Ville Vesuviane v Commission, inasmuch as it declared admissible Ente per le Ville Vesuviane’s action for annulment of Commission Decision D (2002) 810111 of 13 March 2002, closing the financial assistance of the European Regional Development Fund (ERDF) in the form of investment in infrastructure in Campania (Italy) relating to an integrated scheme for the development of three Vesuvian villas for the purposes of tourism;

2. Dismisses Ente per le Ville Vesuviane’s action for annulment of the said decision as inadmissible;

3. Declares that it is not necessary to rule on the appeal brought by Ente per le Ville Vesuviane;

4. Orders Ente per le Ville Vesuviane to pay the costs of the proceedings before the present Court and also those connected with the procedure at first instance.

(1) OJ C 297, 08.12.2007.
EN Official Journal of the European Union C 24/3

Judgment of the Court (Second Chamber) of 6 October 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH

(Case C-301/07) (1)

(Trade marks - Regulation (EC) No 40/94 - Article 9(1)(c) - Trade mark with a reputation in the Community - Geographical extent of the reputation)

2010/C 24/04

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: PAGO International GmbH

Defendant: Tirolmilch registrierte Genossenschaft mbH

Re:

Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 9(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Rights of the proprietor of a trade mark having a reputation in the Community — Trade mark having a reputation only in one Member State — Protection of the trade mark in the whole of the Community or only in one Member State

Operative part of the judgment

Article 9(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark must be interpreted as meaning that, in order to benefit from the protection afforded in that provision, a Community trade mark must be known by a significant part of the public concerned by the products or services covered by that trade mark, in a substantial part of the territory of the European Community, and that, in view of the facts of the main proceedings, the territory of the Member State in question may be considered to constitute a substantial part of the territory of the Community.

(1) OJ C 223, 22.9.2007.
EN Official Journal of the European Union C 282/4

Judgment of the Court (Second Chamber) of 1 October 2009 — Commission of the European Communities v Council of the European Union

(Case C-370/07) (1)

(Action for annulment - Establishment of the positions to be adopted on behalf of the Community in a body established by a convention - Obligation to state reasons - Reference to the legal basis - 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES))

2009/C 282/05

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: G. Valero Jordana and C. Zadra, Agents)

Defendant: Council of the European Union (represented by: J.-P. Jacqué, F. Florindo Gijón and K. Michoel, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and I. Rao, Agents, and D. Wyatt QC)

Re:

Annulment of the Council Decision of 24 May 2007 establishing the position to be adopted on behalf of the European Community with regard to certain proposals submitted to the 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Hague, Netherlands, 3-15 June 2007 — Choice of legal basis

Operative part of the judgment

The Court:

1. Annuls the decision of the Council of the European Union of 24 May 2007 establishing the position to be adopted on behalf of the European Community with regard to certain proposals submitted at the 14th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), The Hague (Netherlands), 3 to 15 June 2007.

2. Maintains in force the effects of the annulled decision.

3. Orders the Council of the European Union to pay the costs.

4. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

(1) OJ C 223, 22.09.2007.
2.

Article 5(2) of the Directive does not preclude, in circumstances such as those of the main proceedings, a national law according to which, in the event of cancellation of membership of a closed-end real property fund established in the form of a partnership, entered into following a doorstep transaction, the consumer has a claim against that partnership, to his severance balance, calculated on the basis of the value of his interest at the date of his retirement from membership of that fund, and may therefore get back less than the value of his capital contribution or have to participate in the losses of that fund.
EN Official Journal of the European Union C 6/9

Judgment of the Court (Sixth Chamber) of 20 November 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-94/08) (1)

(Failure of a Member State to fulfil its obligations - Posts of ship's captain and chief mate - Nationality clause)

(2009/C 6/15)

Language of the case: Spain

Parties

Applicant: Commission of the European Communities (represented by: G. Rozet and L. Lozano Palacios, acting as Agents)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Agent)

Re:

Failure of Member State to fulfil its obligations — Infringement of Article 39 EC — Requirement of Spanish nationality for persons occupying the posts of captain and chief mate on certain ships flying the Spanish flag — Incompatibility with Community law.

Operative part of the judgment

The Court:

1. Declares that in requiring in its legislation Spanish nationality for persons occupying the posts of ship's captain and chief mate of all merchant ships flying the Spanish flag other than merchant ships with a gross tonnage less than 100 GT, which carry cargo or fewer than 100 passengers and operate exclusively between ports or points situated in areas in which the Kingdom of Spain has sovereignty, sovereign rights or jurisdiction, the Kingdom of Spain has failed to fulfil its obligations under Community law and, in particular, under Article 39 EC;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 113/11

Judgment of the Court (Eighth Chamber) of 19 March 2009 — Commission of the European Communities v Republic of Poland

(Case C-143/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/73/EC - Failure to transpose within the period prescribed)

2009/C 113/20

Language of the case: Polish

Parties

Applicant: Commission of the European Communities (represented by: P. Dejmek and M. Kaduczak, acting as Agents)

Defendant: Republic of Poland (represented by: M. Dowgielewicz, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to give effect to Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that directive (OJ 2006 L 241, p. 26)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that directive, the Republic of Poland has failed to fulfil its obligations under that directive;

2. orders the Republic of Poland to pay the costs.

(1) OJ C 142, 7.6.2008.
1.

Declares that, by failing to take all the measures necessary to transpose fully and/or correctly the obligations under Article 3(1) and (2), Article 4(1), Article 5 and Article 8(1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under those provisions;