do-me/EUR-LEX huggingface dataset:
2008/825/EC: Commission Decision of 23 October 2008 amending Decision 2006/241/EC as regards the import of certain species of snails for human consumption from Madagascar (notified under document number C(2008) 6083) (Text with EEA relevance)
Date: 2008-10-23
Institutions: European Commission
Subjects: Madagascar, animal production, food consumption, health certificate, import, veterinary legislation

31.10.2008

EN

Official Journal of the European Union

L 290/23

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 23 October 2008

amending Decision 2006/241/EC as regards the import of certain species of snails for human
consumption from Madagascar

(notified under document number C(2008) 6083)

(Text with EEA relevance)

(2008/825/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Community of certain species of
consumption.

snails

for human

Having regard to the Treaty
Community,

establishing the European

(3)

Decision 2006/241/EC should therefore be amended
accordingly.

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the community from
third countries (1), and in particular Article 22(6) thereof,

Whereas:

(1)

(2)

Commission Decision 2006/241/EC of 24 March 2006
concerning certain protective measures with regard to
certain products of animal origin, excluding fishery
products,
prohibits
fishery
imports
products, originating from Madagascar.

originating
animal

in Madagascar (2)

products,

other

than

of

A Community inspection was carried out in Madagascar
in March 2007 in order to assess public health controls
and the conditions for the production of fishery products
in that third country. The results of that inspection and
the follow-up information submitted by Madagascar
show that the appropriate guarantees are provided by
into the
that country to also allow imports from it

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 88, 25.3.2006, p. 63.

(4)

The measures provided for
accordance with
Committee of the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Decision 2006/241/EC is amended as follows:

Article 1

1. Article 1 is replaced by the following:

‘Article 1

This Decision shall apply to products of animal origin,
excluding fishery products and snails, originating in Mada­
gascar.’;

2. the following Article 1a is inserted:

‘Article 1a
For the purposes of this Decision “snails” means chilled,
frozen, shelled, cooked, prepared or preserved terrestrial
gastropods of the species Helix pomatia Linné, Helix aspersa
Muller, Helix lucorum and of the species of the family Acha­
tinidae.’

L 290/24

EN

Official Journal of the European Union

31.10.2008

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 23 October 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission
Non-opposition to a notified concentration (Case COMP/M.5219 — VWAG/OFH/VWGI) Text with EEA relevance
Date: 2008-10-23
Institutions: European Commission
Subjects: commercial vehicle, economic concentration, merger control, motor car, motor vehicle industry, restrictive-practice authorisation, wholesale selling

23.10.2008

EN

Official Journal of the European Union

C 268/7

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5219 — VWAG/OFH/VWGI)

(Text with EEA relevance)

(2008/C 268/02)

On 25 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 32008M5219. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case T-133/06: Judgment of the Court of First Instance of 23 October 2008 — TIM and TTV v OHIM — PAST PERFECT (Community trade mark — Invalidity proceedings — Community word mark PAST PERFECT — Rejection of the application for a declaration of invalidity — Article 7(1)(b), (c) and (d) of Regulation (EC) No 40/94 — Article 7(2))
Date: 2008-10-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, trade-mark law

6.12.2008

EN

Official Journal of the European Union

C 313/29

3. Dismisses the action.

4. Orders Powerserv Personalservice GmbH to pay the costs.

Judgment of the Court of First Instance of 23 October
2008 — TIM and TTV v OHIM — PAST PERFECT

(1) OJ C 22, 28.1.2006.

Judgment of the Court of First Instance of 21 October
2008 — Cassegrain v OHIM (Shape of a bag)

(Case T-73/06) (1)

(Community trade mark — Application for a Community
figurative mark — Shape of a bag — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

(2008/C 313/50)

Language of the case: French

Parties

Applicant: Jean Cassegrain SAS (Paris, France) (represented by: Y.
Coursin and T. van Innis, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 8 December 2005 (Case R 687/2005-2)
concerning the registration of the figurative sign Shape of a bag
as a Community trade mark.

(Case T-133/06) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark PAST PERFECT — Rejection of the appli-
cation for a declaration of invalidity — Article 7(1)(b), (c)
and (d) of Regulation (EC) No 40/94 — Article 7(2))

(2008/C 313/51)

Language of the case: English

Parties

Applicants: TIM The International Music Company AG and TTV
Tonträger-Vertrieb-2000 GmbH (Hamburg, Germany)
(repre-
sented initially by J. Wendt and G. Kukuk, and subsequently by
J. Wendt, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Past Perfect Ltd
intervening before the Court of First
(Bucknell, Oxfordshire, United Kingdom)
(represented initially
by S. Disraeli, and subsequently by K. Tinkler, Solicitors)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 3 February 2006 (Case R 150/2005-1), relating to
invalidity proceedings between TIM The International Music
Company AG and TTV Tonträger-Vertrieb-2000 GmbH, on the
one hand, and Past Perfect Ltd, on the other.

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action;

2. Orders Jean Cassegrain SAS to pay the costs.

1. Dismisses the action;

2. Orders TIM The International Music Company AG and TTV

Tonträger-Vertrieb-2000 GmbH to pay the costs.

(1) OJ C 108, 6.5.2006.

(1) OJ C 154, 1.7.2006.
Stabilisation and Association Agreement between the EC and Bosnia and Herzegovina ***European Parliament legislative resolution of 23 October 2008 on the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (8225/2008 — COM(2008)0182 — C6-0255/2008 — 2008/0073(AVC)
Date: 2008-10-23
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: Bosnia and Herzegovina, association agreement (EU), cooperation policy, economic stabilisation, market stabilisation, signature of an agreement








CE2010015EN.01015902.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/159





Thursday 23 October 2008Stabilisation and Association Agreement between the EC and Bosnia and Herzegovina ***
P6_TA(2008)0518
European Parliament legislative resolution of 23 October 2008 on the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (8225/2008 — COM(2008)0182 — C6-0255/2008 — 2008/0073(AVC))
2010/C 15 E/50
(Assent procedure)

The European Parliament,
having regard to the proposal for a Council and Commission decision (8225/2008 — COM(2008)0182),
having regard to the draft Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (8226/2008),
having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 300(2), first subparagraph, last sentence and Article 310 of the EC Treaty (C6-0255/2008),
having regard to Article 101 of the EAEC Treaty,
having regard to Rules 75 and 83(7) of its Rules of Procedure,
having regard to the recommendation of the Committee on Foreign Affairs (A6-0378/2008),






1.


Gives its assent to conclusion of the agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Bosnia and Herzegovina.
Commission Regulation (EC) No 1042/2008 of 23 October 2008 granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2008-10-23
Institutions: European Commission
Subjects: award of contract, butter, export restriction

24.10.2008

EN

Official Journal of the European Union

L 281/7

COMMISSION REGULATION (EC) No 1042/2008

of 23 October 2008

granting no export refund for butter in the framework of the standing invitation to tender provided
for in Regulation (EC) No 619/2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), and in particular
Article 164(2), in conjunction with Article 4, thereof,

an examination of the tenders submitted in response to
the invitation to tender, it is appropriate not to grant any
refund for the tendering period ending on 21 October
2008.

(3)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

Commission Regulation (EC) No 619/2008 of 27 June
2008 opening a standing invitation to tender for export
refunds concerning certain milk products (2) provides for
a permanent tender.

Pursuant to Article 6 of Commission Regulation (EC) No
1454/2007 of 10 December 2007 laying down common
rules for establishing a tender procedure for fixing export
refunds for certain agricultural products (3) and following

Article 1

For the standing invitation to tender opened by Regulation (EC)
No 619/2008, for the tendering period ending on 21 October
2008 no export refund shall be granted for the products and
destinations referred to in Article 1(1) of that Regulation.

This Regulation shall enter into force on 24 October 2008.

Article 2

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

Done at Brussels, 23 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 168, 28.6.2008, p. 20.
(3) OJ L 325, 11.12.2007, p. 69.
Commission Regulation (EC) No 1048/2008 of 23 October 2008 establishing a prohibition of fishing for cod in VI; EC waters of Vb; EC and international waters of XII and XIV by vessels flying the flag of Ireland
Date: 2008-10-23
Institutions: European Commission
Subjects: Ireland, catch quota, fishing area, fishing rights, sea fish, ship's flag

L 282/6

EN

Official Journal of the European Union

25.10.2008

COMMISSION REGULATION (EC) No 1048/2008

of 23 October 2008

establishing a prohibition of fishing for cod in VI; EC waters of Vb; EC and international waters of
XII and XIV by vessels flying the flag of Ireland

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, 23 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.

25.10.2008

EN

Official Journal of the European Union

L 282/7

No

Member State

Stock

Species

Area

Date

ANNEX

46/T&Q

IRL

COD/561214

Cod (Gadus morhua)

VI; EC waters of Vb; EC and international waters of XII and
XIV

20.6.2008
Case C-472/08: Reference for a preliminary ruling from the Augstākās tiesas Senāts (Republic of Latvia) lodged on 23 October 2008 — Alstom Power Hydro v Valsts ieņēmumu dienests
Date: 2008-10-23
Institutions: Court of Justice
Subjects: Latvia, VAT, assessment of prices, interpretation of the law, limitation of legal proceedings, redemption, turnover

20.12.2008

EN

Official Journal of the European Union

C 327/21

Pleas in law and main arguments

The time-limit for transposition of Directive 2005/36/EC into
domestic law expired on 20 October 2007.

(1) OJ L 255 of 30.9.2005.

Reference for a preliminary ruling from the Augstākās
tiesas Senāts (Republic of Latvia) lodged on 23 October
2008 — Alstom Power Hydro v Valsts ieņēmumu dienests

(Case C-472/08)

(2008/C 327/37)

Language of the case: Latvian

Action brought on 30 October 2008 — Commission of the
European Communities v Republic of Cyprus

(Case C-466/08)

(2008/C 327/36)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Karanasou-Apostolopoulou and H. Støvlbæk)

Defendant: Republic of Cyprus

Form of order sought

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply fully with
Directive 2005/36/EC (1) of the European Parliament and of
the Council of 7 September 2005 on the recognition of
professional qualifications, and in any event by not notifying
those provisions to the Commission, the Republic of Cyprus
has failed to fulfil its obligations under that directive;

— order the Republic of Cyprus to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2005/36/EC into
domestic law expired on 20 October 2007.

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings

Applicant: Alstom Power Hydro

Defendant: Valsts ieņēmumu dienests

Question referred

On a proper construction of Article 18(4) of Council Directive
77/388/EEC (1) of 17 May 1977, is it contrary to that provision
for domestic legislation to lay down a limitation period of three
years for the exercise of the right to recover sums of VAT over-
paid (the difference between output tax and deductible input
tax)?

(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment
(OJ 1977 L 145, p. 1).

Order of the President of the Court of 13 October 2008
(reference for a preliminary ruling from the Tribunal
administratif — Luxembourg) — Miloud Rimoumi,
Gabrielle Suzanne Marie Prick v Ministre des Affaires
étrangères et de l'Immigration

(Case C-276/08) (1)

(2008/C 327/38)

Language of the case: French

(1) OJ L 255 of 30.9.2005.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 236, 13.9.2008.
Euro exchange rates
Date: 2008-10-23
Institutions: European Commission
Subjects: euro, exchange rate

C 268/8

EN

Official Journal of the European Union

23.10.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

22 October 2008

(2008/C 268/03)

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

1,2843

TRY

Turkish lira

126,88

AUD Australian dollar

7,4534

0,78815

10,1225

1,4991

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

2,1097

1,9073

1,6088

9,9566

2,1554

1,9241

305

KRW South Korean won

1 785,18

9,0135

1,9558

25,485

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

275,55

MYR Malaysian ringgit

3,4528

0,7095

3,764

3,58

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,475

MXN Mexican peso

14,0926

8,777

7,2259

12 714,57

4,5541

62,35

34,6084

44,334

3,0008

17,4408

(1) Source: reference exchange rate published by the ECB.
Airport charges ***IIEuropean Parliament legislative resolution of 23 October 2008 on the Council common position for adopting a directive of the European Parliament and of the Council on airport charges (8332/2/2008 — C6-0259/2008 — 2007/0013(COD)#P6_TC2-COD(2007)0013Position of the European Parliament adopted at second reading on 23 October 2008 with a view to the adoption of Directive 2008/…/EC of the European Parliament and of the Council on airport charge
Date: 2008-10-23
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: airport, charges for use of infrastructure, common transport policy, resolution (EU), transport regulations, transport user








CE2010015EN.01015801.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/158





Thursday 23 October 2008Airport charges ***II
P6_TA(2008)0517
European Parliament legislative resolution of 23 October 2008 on the Council common position for adopting a directive of the European Parliament and of the Council on airport charges (8332/2/2008 — C6-0259/2008 — 2007/0013(COD))
2010/C 15 E/49
(Codecision procedure: second reading)

The European Parliament,
having regard to the Council common position (8332/2/2008 — C6-0259/2008) (1),
having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2006)0820),
having regard to Article 251(2) of the EC Treaty,
having regard to Rule 62 of its Rules of Procedure,
having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0375/2008),






1.


Approves the common position as amended;










2.


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






(1)  OJ C 254 E, 7.10.2008, p. 18.

(2)  Texts Adopted, 15.1.2008, P6_TA(2008)0004.


Thursday 23 October 2008P6_TC2-COD(2007)0013
Position of the European Parliament adopted at second reading on 23 October 2008 with a view to the adoption of Directive 2008/…/EC of the European Parliament and of the Council on airport charges

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2009/12/EC.)