do-me/EUR-LEX huggingface dataset:
Case T-477/07: Order of the Court of First Instance of 3 September 2008 — Cofra v Commission (Action for annulment — Access to documents — Withdrawal of the decision refusing access — Disclosure of documents contrary to the express opinion of their author — No need to adjudicate)
Date: 2008-09-03
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, access to EU information, action for annulment (EU), document, right to information, textile industry

C 272/26

EN

Official Journal of the European Union

25.10.2008

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Petrus Kerstens to pay the costs.

(1) OJ C 199, 25.8.2007.

Order of the Court of First Instance of 27 August 2008 —
Adomex International v Commission

(Case T-315/05) (1)

(Action for annulment — Aid granted by the Netherlands
authorities in the floriculture sector — Decision not to raise
concerned — Manifest
objections — Not

individually
inadmissibility)

(2008/C 272/49)

Language of the case: Dutch

Order of the Court of First Instance of 3 September 2008
— Cofra v Commission

(Case T-477/07) (1)

(Action for annulment — Access to documents — Withdrawal
of the decision refusing access — Disclosure of documents
contrary to the express opinion of their author — No need to
adjudicate)

(2008/C 272/50)

Language of the case: Italian

Parties

Applicant: Cofra srl (Bari, Italy) (represented by: A. Calabrese,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. Costa de Oliveira and G. Conte, acting as Agents)

Re:

Annulment of the decision of the Commission of 17 October
2007 refusing the applicant access to certain documents sent by
the Italian authorities
to the Commission in proceedings
concerning an aid scheme

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. Each party shall bear its own costs.

Parties

Applicant: Adomex International BV (Aalsmeer, Netherlands)
(represented by: G. van der Wal and T. Boesman, lawyers)

(1) OJ C 64, 8.3.2008.

Defendant: Commission of the European Communities (repre-
sented by: H. van Vliet and A. Stobiecka-Kuik, acting as Agents)

Re:

Action for annulment of Commission Decision C(2005) 592
final of 16 March 2005 not to raise objections with regard to
aid N 372/2003 concerning the floriculture sector, notified by
the Netherlands authorities

Order of the Court of First Instance of 3 September 2008
— Nuova Agricast v Commission

(Case T-479/07) (1)

(Action for annulment — Access to documents — Withdrawal
of the decision refusing access — Disclosure of documents
against the explicit opinion of the author thereof — No need
to adjudicate)

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

(2008/C 272/51)

Language of the case: Italian

2. Adomex International BV is ordered to pay the costs.

Parties

(1) OJ C 281, 12.11.2005.

Applicant: Nuova Agricast
Calabrese, lawyer)

(Foggia,

Italy)

(represented by: A.

Defendant: Commission of the European Communities (repre-
sented by: P. Costa de Oliveira and G. Conte, acting as Agents)
Classification, labelling and packaging of substances and mixtures (amendment of Regulation (EC) No 648/2004) ***I European Parliament legislative resolution of 3 September 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 648/2004 in order to adapt it to Regulation (EC) No … on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006 (COM(2007)0613 — C6-0349/2007 — 2007/0213(COD))
Date: 2008-09-03
Institutions: Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: budget, chemical product, codecision procedure, dangerous substance, drafting of EU law, impact study, labelling, packaging, resolution of parliament








CE2009295EN.01016501.xml










4.12.2009   


EN


Official Journal of the European Union


CE 295/165





Wednesday 3 September 2008Classification, labelling and packaging of substances and mixtures (amendment of Regulation (EC) No 648/2004) ***I
P6_TA(2008)0394
European Parliament legislative resolution of 3 September 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 648/2004 in order to adapt it to Regulation (EC) No … on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006 (COM(2007)0613 — C6-0349/2007 — 2007/0213(COD))
2009/C 295 E/42
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0613),
having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0349/2007),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0141/2008),






1.


Approves the Commission proposal;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and the Commission.
Case C-452/07: Order of the President of the Fourth Chamber of the Court of 3 September 2008 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Health Research Inc
Date: 2008-09-03
Institutions: Court of Justice
Subjects: EU law - national law, interpretation of the law, market approval, medicinal product, pharmaceutical legislation

C 313/22

EN

Official Journal of the European Union

6.12.2008

Order of the President of the Second Chamber of the
the
Court of 11 September 2008 — Commission of

Order of the President of the Fifth Chamber of the Court
the European
of 18 August 2008 — Commission of

European Communities v Republic of Austria

Communities v Republic of Malta

(Case C-270/06) (1)

(2008/C 313/34)

Language of the case: German

(Case C-563/07) (1)

(2008/C 313/37)

Language of the case: English

The President of the Second Chamber has ordered that the case
be removed from the register.

The President of the Fifth Chamber has ordered that the case be
removed from the register.

(1) OJ C 212, 2.9.2006.

(1) OJ C 51, 23.2.2008.

Order of the President of the Court of 18 August 2008
(reference for a preliminary ruling from the VAT and
Duties Tribunal, Manchester — United Kingdom) — Azlan
Group plc v Her Majesty's Commissioners of Revenue and
Customs

Order of the President of the Court of 8 September 2008
(reference for a preliminary ruling from the Verwaltungs-
gerichtshof Baden-Württemberg — Germany) — Michael
Mario Karl Kerner v Land Baden-Württemberg

(Case C-389/07) (1)

(2008/C 313/35)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(Case C-4/08) (1)

(2008/C 313/38)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 283, 24.11.2007.

(1) OJ C 79, 29.3.2008.

Order of the President of the Fourth Chamber of the Court
of 3 September 2008 (reference for a preliminary ruling
from the Bundesgerichtshof — Germany) — Health
Research Inc

(Case C-452/07) (1)

(2008/C 313/36)

Language of the case: German

The President of the Fourth Chamber of the Court has ordered
that the case be removed from the register.

(1) OJ C 297, 8.12.2007.

Order of the President of the Court of 4 August 2008
(reference for a preliminary ruling from the Bundes-
verwaltungsgericht — Germany) — Khoshnaw Abdullah v
Federal Republic of Germany

(Case C-177/08) (1)

(2008/C 313/39)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 197, 2.8.2008.
Type-approval of hydrogen powered motor vehicles ***I European Parliament legislative resolution of 3 September 2008 on the proposal for a regulation of the European Parliament and of the Council on type-approval of hydrogen powered motor vehicles and amending Directive 2007/46/EC (COM(2007)0593 — C6-0342/2007 — 2007/0214(COD))#P6_TC1-COD(2007)0214 Position of the European Parliament adopted at first reading of 3 September 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC
Date: 2008-09-03
Institutions: Committee on Industry, Research and Energy, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: approximation of laws, codecision procedure, drafting of EU law, hydrogen, motor vehicle, resolution of parliament, technical regulations, technical standard








CE2009295EN.01016502.xml










4.12.2009   


EN


Official Journal of the European Union


CE 295/165





Wednesday 3 September 2008Type-approval of hydrogen powered motor vehicles ***I
P6_TA(2008)0395
European Parliament legislative resolution of 3 September 2008 on the proposal for a regulation of the European Parliament and of the Council on type-approval of hydrogen powered motor vehicles and amending Directive 2007/46/EC (COM(2007)0593 — C6-0342/2007 — 2007/0214(COD))
2009/C 295 E/43
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0593),
having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0342/2007),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy (A6-0201/2008),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and the Commission.






Wednesday 3 September 2008P6_TC1-COD(2007)0214
Position of the European Parliament adopted at first reading of 3 September 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 79/2009.)
Commission Regulation (EC) No 872/2008 of 3 September 2008 establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EC waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2008-09-03
Institutions: European Commission
Subjects: EU waters, Portugal, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag

6.9.2008

EN

Official Journal of the European Union

L 239/3

COMMISSION REGULATION (EC) No 872/2008

of 3 September 2008

establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EC waters of CECAF 34.1.1 by
vessels flying the flag of Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

It is therefore necessary to prohibit fishing for that stock
and its retention on board, transhipment and landing,

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS REGULATION:

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi­
tation of
the Common Fisheries
Policy (1), and in particular Article 26(4) thereof,

resources under

fisheries

Having regard to Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to
common fisheries policy (2), and in particular Article 21(3)
thereof,

Whereas:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in
the Annex to this Regulation for the stock referred to therein
for 2008 shall be deemed to be exhausted from the date set out
in that Annex.

Article 2

Prohibitions

(1)

(2)

Council Regulation (EC) No 40/2008 of 16 January 2008
fixing for 2008 the fishing opportunities and associated
fish
conditions for certain fish stocks and groups of
for
in Community waters
and
stocks
Community vessels,
in waters where catch limitations
are required (3), lays down quotas for 2008.

applicable

Fishing for the stock referred to in the Annex to this Regulation
by vessels flying the flag of or registered in the Member State
referred to therein shall be prohibited from the date set out in
that Annex. It shall be prohibited to retain on board, tranship
or land such stock caught by those vessels after that date.

to

the

information

the
received
According
Commission, catches of
the stock referred to in the
Annex to this Regulation by vessels flying the flag of
or registered in the Member State referred to therein
have exhausted the quota allocated for 2008.

by

Article 3

Entry into force

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 September 2008.

For the Commission

Fokion FOTIADIS
Director-General for Maritime Affairs and Fisheries

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 261, 20.10.1993, p. 1.
(3) OJ L 19, 23.1.2008, p. 1.

L 239/4

EN

Official Journal of the European Union

6.9.2008

No

Member State

Stock

Species

Area

Date

ANNEX

33/T&Q

Portugal

ANF/8C3411

Anglerfish (Lophiidae)

VIIIc, IX and X; EC waters of CECAF 34.1.1

4.8.2008
Prior notification of a concentration (Case COMP/M.5164 — MSREF/Crowne Plaza Wiesbaden Hotel) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-09-03
Institutions: European Commission
Subjects: economic concentration, exchange of information, hotel industry, merger control, real estate business

C 226/24

EN

Official Journal of the European Union

3.9.2008

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5164 — MSREF/Crowne Plaza Wiesbaden Hotel)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 226/08)

1.
On 26 August 2008, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Morgan Stanley Real
International-GP, LLC (‘MSREF VI’, USA) controlled by Morgan Stanley (USA), and
Estate Fund VI
InterContinental Hotels Group, plc (‘IHG’, United Kingdom) acquire within the meaning of Article 3(1)(b) of
the Council Regulation joint control of seven InterContinental-branded hotels located in the European
Union (the ‘Portfolio Hotels’), currently owned by IHG, via purchase of shares and management contracts,
and MSREF acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of
one Crowne Plaza branded hotel business (‘Crowne Plaza Wiesbaden Hotel’, Germany) currently controlled
by IHG via purchase of assets.

2.

The business activities of the undertakings concerned are:

— for MSREF VI: real estate investment and management,

— for IHG: ownership, management and franchising of hotels on a world-wide basis.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5164 — MSREF/Crowne Plaza Wiesbaden Hotel, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Commission Regulation (EC) No 866/2008 of 3 September 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-09-03
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

4.9.2008

EN

Official Journal of the European Union

L 237/3

COMMISSION REGULATION (EC) No 866/2008

of 3 September 2008

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1),

Regulation (EC) No 1580/2007 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade negotiations,
the criteria whereby the Commission fixes the standard values
for imports from third countries, in respect of the products and
periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 1580/2007
of 21 December 2007 laying down implementing rules for
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (2), and in
particular Article 138(1) thereof,

The standard import values referred to in Article 138 of Regu­
lation (EC) No 1580/2007 are fixed in the Annex hereto.

This Regulation shall enter into force on 4 September 2008.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 September 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.

L 237/4

EN

Official Journal of the European Union

4.9.2008

Standard import values for determining the entry price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 50 10

0806 10 10

0808 10 80

0808 20 50

0809 30

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

MK
ZZ

JO
TR
ZZ

TR
ZZ

AR
CL
UY
ZA
ZZ

IL
TR
US
XS
ZZ

BR
CL
CN
NZ
US
ZA
ZZ

AR
CN
TR
ZA
ZZ

TR
US
XS
ZZ

IL
MK
TR
XS
ZZ

22,4
22,4

156,8
152,4
154,6

94,9
94,9

69,9
65,6
72,2
75,3
70,8

235,7
116,4
188,9
61,0
150,5

89,0
101,3
80,8
108,2
91,5
78,2
91,5

123,5
58,4
142,2
82,5
101,7

138,6
166,6
61,2
122,1

138,1
53,9
58,0
53,4
75,9

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands

for ‘of other origin’.
Interest rate applied by the European Central Bank to its main refinancing operations: 4,39 % on 1 September 2008 — Euro exchange rates
Date: 2008-09-03
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, interest

C 226/6

EN

Official Journal of the European Union

3.9.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Interest rate applied by the European Central Bank to its main refinancing operations (1):

4,39 % on 1 September 2008

Euro exchange rates (2)

2 September 2008

(2008/C 226/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

SKK

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Slovak koruna

1,4516

TRY

Turkish lira

158,01

AUD Australian dollar

7,4570

0,81295

9,4620

1,6096

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,7248

1,7394

1,5483

11,3334

2,1153

2,0801

122,17

KRW South Korean won

1 645,03

8,0065

1,9558

24,848

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

238,24

MYR Malaysian ringgit

3,4528

0,7038

3,3530

3,5270

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,290

MXN Mexican peso

11,3099

9,9285

7,1368

13 369,24

4,9739

67,430

35,9845

50,000

2,4027

15,0502

(1) Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the

interest rate is the marginal rate.

(2) Source: reference exchange rate published by the ECB.