do-me/EUR-LEX huggingface dataset:
Case C-459/08: Action brought on 21 October 2008 — Commission of the European Communities v Portuguese Republic
Date: 2008-10-21
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, adoption of a law by vote, civil liability, professional qualifications

6.12.2008

EN

Official Journal of the European Union

C 313/21

— order United Kingdom of Great Britain and Northern Ireland

to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 11 June 2007.

(1) OJ L 149, p. 14.

Order of the President of the Court of 20 August 2008
(reference for a preliminary ruling from the Special
Commissioner of Income Tax, London — United Kingdom)
— Vodafone 2 v Her Majesty's Revenue and Customs

(Case C-203/05) (1)

(2008/C 313/32)

Language of the case: English

Action brought on 21 October 2008 — Commission of the
European Communities v Portuguese Republic

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 182, 23.7.2005.

(Case C-459/08)

(2008/C 313/31)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and M. França, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

— Declare that, by failing to adopt and publish the laws, regula-
tions and administrative provisions necessary to comply
with Directive 2005/36/EC (1) of the European Parliament
and of the Council of 7 September 2005 on the recognition
of professional qualifications or, in any event, by failing to
notify the Commission of such measures, the Portuguese
Republic has failed to fulfil its obligations under that direc-
tive;

Order of the President of the Court of 5 September 2008
(reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Lombardia — Italy) —
Colasfalti S.r.l. v Provincia di Milano, ATI Legrenzi Srl,
Impresa Costruzioni Edili e Stradali dei F. 11i Paccani Snc

(Case C-214/06) (1)

(2008/C 313/33)

— order the Portuguese Republic to pay the costs.

Language of the case: Italian

Pleas in law and main arguments

The period prescribed for transposing the directive expired on
20 October 2007.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ 2005 L 255, p. 22.

(1) OJ C 178, 29.7.2006.
Draft amending budget No 7/2008European Parliament resolution of 21 October 2008 on Draft amending budget No 7/2008 of the European Union for the financial year 2008, Section III — Commission (14359/2008 — C6-0375/2008 — 2008/2252(BUD)
Date: 2008-10-21
Institutions: Committee on Budgets, European Parliament
Subjects: European Union, amending budget, draft budget (EU), financial year, general budget (EU)








CE2010015EN.01011901.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/119





Tuesday 21 October 2008Draft amending budget No 7/2008
P6_TA(2008)0489
European Parliament resolution of 21 October 2008 on Draft amending budget No 7/2008 of the European Union for the financial year 2008, Section III — Commission (14359/2008 — C6-0375/2008 — 2008/2252(BUD))
2010/C 15 E/32

The European Parliament,
having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,
having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38,
having regard to the general budget of the European Union for the financial year 2008, as finally adopted on 13 December 2007 (2),
having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),
having regard to Preliminary draft amending budget No 7/2008 of the European Union for the financial year 2008, which the Commission presented on 15 September 2008 (COM(2008)0556),
having regard to Draft amending budget No 7/2008, which the Council established on 20 October 2008 (14359/2008 — C6-0375/2008),
having regard to Rule 69 of and Annex IV to its Rules of Procedure,
having regard to the report of the Committee on Budgets (A6-0412/2008),






A.


whereas Draft amending budget No 7 to the general budget 2008 covers the following items:






—


mobilisation of the EU Solidarity Fund for an amount of EUR 12 780 000 in commitment and payment appropriations relating to the effects of hurricane ‘Dean’ in Guadeloupe and Martinique in August 2007,










—


a corresponding reduction in payment appropriations of EUR 12 780 000 from line 13 04 02 Cohesion Fund,














B.


whereas the purpose of Draft amending budget No 7/2008 is to formally enter these budgetary adjustments into the 2008 budget,










1.


Takes note of Draft amending budget No 7/2008, which is the first amending budget solely dedicated to the EU Solidarity Fund;










2.


Approves Draft amending budget No 7/2008 unamended;










3.


Instructs its President to forward this resolution to the Council and the Commission.






(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 71, 14.3.2008.

(3)  OJ C 139, 14.6.2006, p. 1.
Simple pressure vessels (codified version) ***IEuropean Parliament legislative resolution of 21 October 2008 on the proposal for a directive of the European Parliament and of the Council relating to simple pressure vessels (codified version) (COM(2008)0202 — C6-0172/2008 — 2008/0076(COD)
Date: 2008-10-21
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Denmark, Finland, France, State aid, United Kingdom, aid to undertakings, control of State aid, fishing industry, interest rate subsidy, loan, substitute fuel, support policy








CE2010015EN.01009501.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/95





Tuesday 21 October 2008Simple pressure vessels (codified version) ***I
P6_TA(2008)0481
European Parliament legislative resolution of 21 October 2008 on the proposal for a directive of the European Parliament and of the Council relating to simple pressure vessels (codified version) (COM(2008)0202 — C6-0172/2008 — 2008/0076(COD))
2010/C 15 E/24
(Codecision procedure — codification)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0202),
having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0172/2008),
having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),
having regard to Rules 80 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0381/2008),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


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






(1)  OJ C 102, 4.4.1996, p. 2.
Commission Regulation (EC) No 1035/2008 of 21 October 2008 establishing a prohibition of fishing for ling in IIIa; EC waters of IIIb, IIIc and IIId by vessels flying the flag of Sweden
Date: 2008-10-21
Institutions: European Commission
Subjects: Sweden, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag

22.10.2008

EN

Official Journal of the European Union

L 279/15

COMMISSION REGULATION (EC) No 1035/2008

of 21 October 2008

establishing a prohibition of fishing for ling in IIIa; EC waters of IIIb, IIIc and IIId by vessels flying
the flag of Sweden

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
in Community waters
stocks
for
and
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, 21 October 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 279/16

EN

Official Journal of the European Union

22.10.2008

No

Member State

Stock

Species

Area

Date

ANNEX

44/T&Q

SWE

LIN/03.

Ling (Molva molva)

IIIa; EC waters of IIIb, IIIc and IIId

8.9.2008
Certain categories of agreements and concerted practices in the air transport sector (codified version) *European Parliament legislative resolution of 21 October 2008 on the proposal for a Council regulation on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (codified version) (COM(2008)0367 — C6-0272/2008 — 2008/0124(CNS)
Date: 2008-10-21
Institutions: Committee on Legal Affairs, European Parliament
Subjects: EU law, air law, air transport, codification of EU law, simplification of legislation








CE2010015EN.01009701.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/97





Tuesday 21 October 2008Certain categories of agreements and concerted practices in the air transport sector (codified version) *
P6_TA(2008)0484
European Parliament legislative resolution of 21 October 2008 on the proposal for a Council regulation on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (codified version) (COM(2008)0367 — C6-0272/2008 — 2008/0124(CNS))
2010/C 15 E/27
(Consultation procedure — codification)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0367),
having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0272/2008),
having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),
having regard to Rules 80 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0379/2008),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


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






(1)  OJ C 102, 4.4.1996, p. 2.
Supplementary protection certificate for medicinal products (codified version) ***IEuropean Parliament legislative resolution of 21 October 2008 on the proposal for a regulation of the European Parliament and of the Council concerning the supplementary protection certificate for medicinal products (codified version) (COM(2008)0369 — C6-0244/2008 — 2008/0126(COD)
Date: 2008-10-21
Institutions: Committee on Legal Affairs, European Parliament
Subjects: administrative formalities, codification of EU law, enlargement of the Union, market approval, medicinal product, pharmaceutical legislation








CE2010015EN.01009502.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/95





Tuesday 21 October 2008Supplementary protection certificate for medicinal products (codified version)***I
P6_TA(2008)0482
European Parliament legislative resolution of 21 October 2008 on the proposal for a regulation of the European Parliament and of the Council concerning the supplementary protection certificate for medicinal products (codified version) (COM(2008)0369 — C6-0244/2008 — 2008/0126(COD))
2010/C 15 E/25
(Codecision procedure — codification)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0369),
having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0244/2008),
having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),
having regard to Rules 80 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0385/2008),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


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






(1)  OJ C 102, 4.4.1996, p. 2.
Community statistics on trade between Member States ***IEuropean Parliament legislative resolution of 21 October 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States (COM(2008)0058 — C6-0059/2008 — 2008/0026(COD)#P6_TC1-COD(2008)0026Position of the European Parliament adopted at first reading on 21 October 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member State
Date: 2008-10-21
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: EU statistics, impact study, information system, intra-EU trade, trading operation








CE2010015EN.01012702.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/127





Tuesday 21 October 2008Community statistics on trade between Member States ***I
P6_TA(2008)0501
European Parliament legislative resolution of 21 October 2008 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States (COM(2008)0058 — C6-0059/2008 — 2008/0026(COD))
2010/C 15 E/38
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0058),
having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0059/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Economic and Monetary Affairs (A6-0348/2008),






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.






Tuesday 21 October 2008P6_TC1-COD(2008)0026
Position of the European Parliament adopted at first reading on 21 October 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 222/2009.)
Non-opposition to a notified concentration (Case COMP/M.5300 — Gores Group LLC/Siemens Enterprise Communications) Text with EEA relevance
Date: 2008-10-21
Institutions: European Commission
Subjects: disclosure of information, economic concentration, merger control, private investment, restrictive-practice authorisation, telecommunications

21.10.2008

EN

Official Journal of the European Union

C 266/7

Non-opposition to a notified concentration

(Case COMP/M.5300 — Gores Group LLC/Siemens Enterprise Communications)

(Text with EEA relevance)

(2008/C 266/02)

On 19 September 2008, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32008M5300. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Civil liability in respect of the use of motor vehicles (codified version) ***IEuropean Parliament legislative resolution of 21 October 2008 on the proposal for a directive of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (codified version) (COM(2008)0098 — C6-0144/2008 — 2008/0049(COD)
Date: 2008-10-21
Institutions: Committee on Legal Affairs, European Parliament
Subjects: approximation of laws, codification of EU law, motor vehicle, motor vehicle insurance, third-party insurance








CE2010015EN.01009401.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/94





Tuesday 21 October 2008Civil liability in respect of the use of motor vehicles (codified version) ***I
P6_TA(2008)0480
European Parliament legislative resolution of 21 October 2008 on the proposal for a directive of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (codified version) (COM(2008)0098 — C6-0144/2008 — 2008/0049(COD))
2010/C 15 E/23
(Codecision procedure — codification)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0098),
having regard to Article 251(2) and Article 95(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0144/2008),
having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),
having regard to Rules 80 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0380/2008),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


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






(1)  OJ C 102, 4.4.1996, p. 2.