do-me/EUR-LEX huggingface dataset:
Judgment of the Court of 20 June 2008 in Case E-8/07 between: Celina Nguyen and The Norwegian State, represented by Justis- og politidepartementet (the Ministry of Justice and the Police) (Compulsory insurance for civil liability in respect of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Compensation for non-economic injury — Conditions for State liability — Sufficiently serious breach)
Date: 2008-10-16
Institutions: EFTA Court
Subjects: EFTA Court, Norway, infringement of EU law, insurance indemnity, motor vehicle insurance, third-party insurance

C 263/4

EN

Official Journal of the European Union

16.10.2008

COURT PROCEEDINGS

EUROPEAN ECONOMIC AREA

EFTA COURT

JUDGMENT OF THE COURT

of 20 June 2008

in Case E-8/07 between:

Celina Nguyen and The Norwegian State, represented by Justis- og politidepartementet (the Ministry
of Justice and the Police)

(Compulsory insurance for civil
liability in respect of motor vehicles — Directives 72/166/EEC, 84/5/EEC and
90/232/EEC — Compensation for non-economic injury — Conditions for State liability — Sufficiently serious
breach)

(2008/C 263/04)

In Case E-8/07 between Celina Nguyen and the Norwegian State,
represented by Justis- og
politidepartementet (the Ministry of Justice and the Police) — Request to the Court by Oslo tingrett (Oslo
District Court), concerning the interpretation of the EEA Agreement, with particular reference to the
following Acts referred to in Annex IX:

— the Act referred to in point 8 of Annex IX (Council Directive 72/166/EEC of 24 April 1972 on the
approximation of the laws of the Member States relating to insurance against civil liability in respect of
the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, here-
inafter the ‘First Motor Vehicle Insurance Directive’),

— the Act referred in point 9 of Annex IX (Second Council Directive 84/5/EEC of 30 December 1983 on
the approximation of the laws of the Member States relating to insurance against civil liability in respect
of the use of motor vehicles, hereinafter the ‘Second Motor Vehicle Insurance Directive’),

— the Act referred to in point 10 of Annex IX (Third Council Directive 90/232/EEC of 14 May 1990 on
the approximation of the laws of the Member States relating to insurance against civil liability in respect
of the use of motor vehicles, hereinafter the ‘Third Motor Vehicle Insurance Directive’),

the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson, Judge-Rapporteur and Ola Mestad
(ad hoc), Judge, gave judgment on 20 June 2008, the operative part of which is as follows:

1. it is not compatible with the First, Second and Third Motor Vehicle Insurance Directives to
except redress for non-economic injury (‘pain and suffering’), which is a form of civil liability,
from the compulsory insurance system under national law;

2. excepting redress for non-economic injury (‘pain and suffering’), which is a form of civil liability,
from compulsory insurance coverage under national law constitutes a sufficiently serious breach
of EEA law to be able to entail State liability.
Case C-454/08: Reference for a preliminary ruling from the Court of Appeal in Northern Ireland (United Kingdom) lodged on 16 October 2008 — Seaport Investments Ltd v Department of the Environment for Northern Ireland
Date: 2008-10-16
Institutions: Court of Justice
Subjects: Northern Ireland, environmental protection, harbour installation, interpretation of the law








C_2009220EN.01001702.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/17





Reference for a preliminary ruling from the Court of Appeal in Northern Ireland (United Kingdom) lodged on 16 October 2008 — Seaport Investments Ltd v Department of the Environment for Northern Ireland
(Case C-454/08)
2009/C 220/30
Language of the case: English

Referring court

Court of Appeal in Northern Ireland

Parties to the main proceedings


Applicant: Seaport Investments Ltd

Defendant: Department of the Environment for Northern Ireland
By order of 20 May 2009, the Court of Justice (Sixth Chamber) declared the reference for a preliminary ruling inadmissible.
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol No 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections
Date: 2008-10-16
Institutions: EFTA Surveillance Authority
Subjects: State aid, control of State aid, crew, social security, social-security contribution, tax rebate

C 263/2

EN

Official Journal of the European Union

16.10.2008

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of
Protocol No 3 to the Surveillance and Court Agreement

EFTA Surveillance Authority decision not to raise objections

(2008/C 263/02)

Date of adoption of the deci-
sion:

9 July 2008

Case number:

EFTA State:

64967

Norway

Title (and/or name of the bene-
ficiary):

Tax refund scheme for seafarers aboard passenger vessels in the
Norwegian Ordinary Shipping Register (NOR)

Legal basis:

Type of measure:

Objective:

Budget:

Intensity:

Budgetary Decision No 616 of the Norwegian Parliament of 20 June
2008

Tax refund

The main aim of the tax refund scheme for seafarers is to safeguard and
increase employment of Norwegian and EEA seafarers, to secure recruit-
ment and qualified training of seafarers and to improve the competitive
position of companies employing such seafarers. At the same time, the
scheme has a wider strategic objective of preserving and developing
know-how in the maritime industries in general and improving safety

The budget appropriation for the fiscal year 2008 following implemen-
tation of the notified amendment amounts to NOK 1 777 million
(approximately EUR 223,3 million)

Shipowners are reimbursed the taxes and social security contributions
collected from seafarers as well as social security contributions paid by
the shipowner.

These refund payments will never exceed the amount of income tax
and social security contributions paid.

Following the notified amendment, the ceiling for maximum refund
for 2008 has been established at NOK 198 000 (EUR 24 884) per
seafarer per year

Duration:

Until 1 January 2016

Economic sectors:

Maritime sector

Name and address of the
granting authority:

Ministry of Trade and Industry
PO Box 8014 Dep
N-0030 Oslo

The authentic text of the decision, from which all confidential information has been removed, can be found
on the EFTA Surveillance Authority's website:

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Commission Regulation (EC) No 1011/2008 of 16 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-10-16
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit

17.10.2008

EN

Official Journal of the European Union

L 276/21

COMMISSION REGULATION (EC) No 1011/2008

of 16 October 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 17 October 2008.

Article 2

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

Done at Brussels, 16 October 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 276/22

EN

Official Journal of the European Union

17.10.2008

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

Third country code (1)

Standard import value

(EUR/100 kg)

IL
MA
MK
TR
ZZ

MK
TR
ZZ

TR
ZZ

AR
TR
UY
ZA
ZZ

BR
TR
US
ZZ

AR
AU
CL
CN
MK
NZ
US
ZA
ZZ

CL
CN
TR
ZA
ZZ

107,3
73,0
53,7
82,9
79,2

81,9
122,7
102,3

137,1
137,1

81,4
105,2
95,7
93,0
93,8

222,2
102,5
199,3
174,7

67,2
161,1
69,4
53,8
37,6
98,9
141,3
84,1
89,2

60,3
93,7
134,2
83,4
92,9

(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’.
Case C-68/08: Order of the President of the Court of 16 October 2008 — Commission of the European Communities v Republic of Estonia
Date: 2008-10-16
Institutions: Court of Justice
Subjects: Estonia, European Commission, action for failure to fulfil an obligation, harbour installation, national implementing measure, pollution from ships, vessel, waste disposal, waste management

C 6/18

EN

Official Journal of the European Union

10.1.2009

Order of the President of the Court of 26 September 2008
— Commission of the European Communities v Kingdom
of Belgium

Order of the President of the Court of 16 October 2008 —
Commission of the European Communities v Republic of
Estonia

(Case C-187/06) (1)

(2009/C 6/31)

Language of the case: French

(Case C-68/08) (1)

(2009/C 6/34)

Language of the case: Estonian

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 154, 1.7.2008.

(1) OJ C 92, 12.4.2008.

Order of the President of the Eighth Chamber of the Court
of 8 October 2008 — Cain Cellars,
Inc. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

Order of the President of the Eighth Chamber of the Court
the European
of 14 October 2008 — Commission of

Communities v Czech Republic

(Case C-508/07 P) (1)

(2009/C 6/32)

Language of the case: German

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

(Case C-71/08) (1)

(2009/C 6/35)

Language of the case: Czech

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

(1) OJ C 22, 26.1.2008.

(1) OJ C 92, 12.4.2008.

Order of the President of the Court of 3 October 2008 —
Commission of the European Communities v Republic of
Malta

(Case C-11/08) (1)

(2009/C 6/33)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 51, 23.2.2008.

Order of the President of the Court of 28 October 2008 —
Commission of the European Communities v Republic of
Hungary

(Case C-270/08) (1)

(2009/C 6/36)

Language of the case: Hungarian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 209, 15.8.2008.
Euro exchange rates
Date: 2008-10-16
Institutions: European Commission
Subjects: euro, exchange rate

16.10.2008

EN

Official Journal of the European Union

C 263/1

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

15 October 2008

(2008/C 263/01)

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

1,3625

TRY

Turkish lira

138,18

AUD Australian dollar

7,4539

0,77615

9,8413

1,5425

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9035

1,9571

1,5833

10,5715

2,1744

2,0022

305

KRW South Korean won

1 691,54

8,6035

1,9558

24,758

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

263

MYR Malaysian ringgit

3,4528

0,7082

3,5192

3,7945

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,475

MXN Mexican peso

12,6116

9,3086

7,1545

13 325,25

4,7858

64,65

35,6145

46,509

2,8435

16,9359

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 1014/2008 of 16 October 2008 entering certain names in the Register of protected designations of origin and protected geographical indications (České pivo (PGI), Cebreiro (PDO))
Date: 2008-10-16
Institutions: European Committee of the Regions
Subjects: Czechia, Spain, beer, cheese, designation of origin, location of production, product designation

17.10.2008

EN

Official Journal of the European Union

L 276/27

COMMISSION REGULATION (EC) No 1014/2008

of 16 October 2008

entering certain names in the Register of protected designations of origin and protected
geographical indications (České pivo (PGI), Cebreiro (PDO))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications
and designations of origin for agricultural products and food­
stuffs (1), and in particular the first subparagraph of Article 7(4)
thereof,

Whereas:

(1)

In accordance with the first subparagraph of Article 6(2)
of Regulation (EC) No 510/2006 and pursuant
to
Article 17(2) thereof, the Czech Republic’s application
to register the name ‘České pivo’ and Spain’s application
to register the name ‘Cebreiro’ were published in the
Official Journal of the European Union (2).

As no objections under Article 7 of Regulation (EC) No
510/2006 were received by the Commission,
these
names should be entered in the Register,

HAS ADOPTED THIS REGULATION:

Article 1

The names contained in the Annex to this Regulation are
hereby entered in the Register.

Article 2

This Regulation shall enter into force on the 20th day following
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, 16 October 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 93, 31.3.2006, p. 12.
(2) OJ C 16, 23.1.2008, p. 14 (České pivo), OJ C 16, 23.1.2008, p. 23

(Cebreiro).

L 276/28

EN

Official Journal of the European Union

17.10.2008

1. Agricultural products intended for human consumption listed in Annex I to the Treaty:

ANNEX

Class 1.3.

Cheeses

SPAIN

Cebreiro (PDO)

2. Foodstuffs listed in Annex I to the Regulation:

Class 2.1.

Beers

CZECH REPUBLIC
České pivo (PGI)