do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 1136/2008 of 17 November 2008 amending Regulation (EC) No 810/2008 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat
Date: 2008-11-17
Institutions: European Commission
Subjects: beef, beef animal, heifer, labelling, tariff quota

18.11.2008

EN

Official Journal of the European Union

L 307/3

COMMISSION REGULATION (EC) No 1136/2008

of 17 November 2008

amending Regulation (EC) No 810/2008 opening and providing for the administration of tariff
quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1095/96 of
18 June 1996 on the implementation of the concessions set
out in Schedule CXL drawn up in the wake of the conclusion of
the GATT XXIV.6 negotiations (1), and in particular Article 1(1)
thereof,

Whereas,

(1)

(2)

(3)

Under Commission Regulation (EC) No 810/2008 (2),
certificates of authenticity must be issued before beef
and veal may be imported into the Community. The
list of authorities in exporting countries empowered to
issue these certificates is annexed to that Regulation.

certificates of

Paraguay has changed the name of the issuing authority
In accordance with
authenticity.
for
Article 7(2) Regulation (EC) No 810/2008, the list set
out in Annex II to that Regulation should therefore be
amended accordingly.

For the sake of avoiding that the name of the authority
mentioned on the certificates of authenticity recently
issued does not correspond with the name of
the
authority listed in Regulation (EC) No 810/2008, the
to the latter Regulation should apply as
amendment

from 1 July 2008, the date in which the current tariff
quota year started. For the previous tariff quota year
the Commission did not
ending on 30 June 2008,
receive any information about certificates of authenticity
delivered by the competent authorities in Paraguay.

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

In Annex II to Regulation (EC) No 810/2008, the entry related
to the issuing authority of Paraguay is replaced by the following:

‘— SERVICIO NACIONAL DE CALIDAD Y SALUD ANIMAL,
Dirección General de Calidad e Inocuidad de Productos
de Origen Animal’.

Article 2

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

It shall apply from 1 July 2008.

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

Done at Brussels, 17 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 219, 14.2.2008, p. 3.
Commission Regulation (EC) No 1135/2008 of 17 November 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-11-17
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit

18.11.2008

EN

Official Journal of the European Union

L 307/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 1135/2008

of 17 November 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 18 November 2008.

Article 2

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

Done at Brussels, 17 November 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 307/2

EN

Official Journal of the European Union

18.11.2008

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 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0806 10 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

AL
MA
TR
ZZ

JO
MA
TR
ZZ

MA
TR
ZZ

MA
ZZ

CN
HR
MA
TR
ZZ

MA
TR
ZA
ZZ

BR
TR
US
ZA
ZZ

CA
CL
CN
MK
US
ZA
ZZ

CL
CN
TR
ZZ

25,7
62,6
79,8
56,0

167,2
60,8
78,7
102,2

63,2
122,8
93,0

82,4
82,4

59,5
50,3
82,1
68,4
65,1

60,4
85,9
63,6
70,0

210,5
123,1
272,9
78,7
171,3

87,1
60,5
55,8
37,6
102,9
76,5
70,1

58,0
52,6
109,0
73,2

(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’.
Commission Opinion under the second paragraph of Article 245 of the EC Treaty and the second paragraph of Article 160 of the EAEC Treaty regarding the request to amend the Rules of Procedure of the Court of First Instance of the European Communities as regards the language arrangements applicable to appeals against decisions of the European Union Civil Service Tribunal, submitted by the Tribunal, in accordance with Article 64 of the Statute of the Court of Justice
Date: 2008-11-17
Institutions: European Commission
Subjects: European civil service, General Court (EU), administrative procedure, appeal, labour tribunal, official language, operation of the Institutions

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.11.2008 
SEC(2008) 2811 final 

COMMISSION OPINION 

under the second paragraph of Article 245 of the EC Treaty and  
the second paragraph of Article 160 of the EAEC Treaty 
regarding the request to amend the Rules of Procedure of the Court of First Instance of 
the European Communities as regards the language arrangements applicable to appeals 
against decisions of the European Union Civil Service Tribunal, submitted by the 
Tribunal, in accordance with 
Article 64 of the Statute of the Court of Justice 

EN 

   EN 

 
 
 
  
COMMISSION OPINION 

under the second paragraph of Article 245 of the EC Treaty and  

the second paragraph of Article 160 of the EAEC Treaty 

regarding the request to amend the Rules of Procedure of the Court of First Instance of 

the European Communities as regards the language arrangements applicable to appeals 

against decisions of the European Union Civil Service Tribunal, submitted by the 

Tribunal, in accordance with 

Article 64 of the Statute of the Court of Justice 

The  purpose  of  the  amendment  requested  by  the  Court  of  First  Instance1  is  to  clarify  the 

language  arrangements  applicable  to  appeals  before  the  Court  of  First  Instance  against 

decisions of the Civil Service Tribunal. 

In substance, this amendment provides that the procedural language will be the language of 

the Civil Service Tribunal decision against which the appeal is being lodged. The amendment 

is purely technical in nature and does not require any comment on the part of the Commission. 

The Commission therefore agrees to the text proposed by the Court of First Instance. 

Done at Brussels,  

For the Commission 

1 

See  letter  of  7  October  2008  from  the  Council  of  the  EU,  ref.  SGS8/12681,  to  which  is  attached  the 
request from the Court of First Instance, doc. 13301/08. 

EN 

2 

   EN
Case T-383/03: Order of the Court of First Instance of 17 November 2008 — Hynix Semiconductor v Council
Date: 2008-11-17
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), electronic component, import

C 6/42

EN

Official Journal of the European Union

10.1.2009

The applicant puts forward the following arguments in support
of its action:

— uphold the applicant's claims;

— Infringement of Article 10 of Regulation (EC) No 1655/2000
of the European Parliament and of the Council of 17 July
2000 concerning the Financial Instrument for the Environ-
ment (LIFE) (1).

— Inapplicability of Article 14 of the Standard administrative
provisions Life — nature,
in so far as the applicant has
always acted properly and consistently in a spirit of coopera-
tion and has always responded promptly to each of the
Commission's requests. Moreover, the ‘Pneuma’ project was
realised in full, made functional and tested.

— Discriminatory nature of the decision in question and infrin-
gement of the general principle of protection of legitimate
expectations.

(1) OJ L 192, 28.7.2000, p. 1.

Action brought on 17 November 2008 — CM Capital
Markets v OHIM — Carbon Capital Markets (CARBON
CAPITAL MARKETS Emissions Compliance Solutions &
Carbon Finance)

(Case T-490/08)

(2009/C 6/82)

Language in which the application was lodged: Spanish

Parties

Applicant: CM Capital Markets Holding SA (Madrid, Spain)
(represented by: J. Calderón Chavero and T. Villate Consonni,
lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Carbon Capital Markets Ltd (London, United Kingdom)

— order OHIM to pay the costs of the present proceedings

should they be contested and reject its claims.

Pleas in law and main arguments

Applicant for a Community trade mark: Carbon Capital Markets
Limited.

Community trade mark concerned: Figurative mark ‘CARBON
CAPITAL MARKETS (Emissions Compliance Solutions &
Carbon Finance)’
(Application No 4.480.349), for services in
Class 36.

Proprietor of the mark or sign cited in the opposition proceed-
ings: The applicant.

Mark or sign cited in opposition: Community figurative mark
‘Capital Markets’
(Application No 3.409.281), for services in
Classes 35, 36 and 42; Spanish figurative mark ‘Capital
Markets’, for services in Class 36.

Decision of the Opposition Division: Rejection of the opposi-
tion.

Decision of the Board of Appeal: Rejection of the appeal.

in law:

Pleas
No 40/94 on the Community trade mark.

Infringement of Article 8(1)(b) of Regulation

Order of the Court of First Instance of 17 November 2008
— Hynix Semiconductor v Council

(Case T-383/03) (1)

(2009/C 6/83)

Language of the case: English

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

Form of order sought

(1) OJ C 21, 24.1.2004.

— annul the decision of the First Board of Appeal of OHIM of
3 September 2008 in Case R-16/2008-1, which would lead
to the rejection of the contested trade mark in its entirety;
Recommendation of the European Central Bank of 17 November 2008 to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg (ECB/2008/16)
Date: 2008-11-17
Institutions: European Central Bank
Subjects: European Central Bank, account, accountant, auditing

22.11.2008

EN

Official Journal of the European Union

C 299/5

RECOMMENDATIONS

EUROPEAN CENTRAL BANK

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 17 November 2008

to the Council of the European Union on the external auditors of the Banque centrale du
Luxembourg

(ECB/2008/16)

(2008/C 299/02)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

(3)

Having regard to the Statute of the European System of Central
Banks and of the European Central Bank, and in particular
Article 27.1 thereof,

The Banque centrale du Luxembourg has selected KPMG
AUDIT SARL as its external auditors for the financial
years 2009 to 2013,

Whereas:

(1)

(2)

The accounts of the European Central Bank (ECB) and of
the national central banks of the Eurosystem are audited
by independent external auditors recommended by the
ECB's Governing Council and approved by the Council of
the European Union.

The mandate of the Banque centrale du Luxembourg's
current external auditor will end after the audit for the
financial year 2008. It is therefore necessary to appoint
external auditors from the financial year 2009.

HAS ADOPTED THIS RECOMMENDATION:

is

recommended that KPMG AUDIT SARL should be
It
appointed as the external auditors of the Banque centrale du
Luxembourg for the financial years 2009 to 2013.

Done at Frankfurt am Main, 17 November 2008.

The President of the ECB

Jean-Claude TRICHET
Case C-497/08: Reference for a preliminary ruling from the Amtsgericht Charlottenburg (Germany) lodged on 17 November 2008 — Amiraike Berlin GmbH Aero and Campus Cottbus Ltd.
Date: 2008-11-17
Institutions: Court of Justice
Subjects: EU law, economic activity, establishment, expropriation, interpretation of the law








C_2009113EN.01001902.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/19





Reference for a preliminary ruling from the Amtsgericht Charlottenburg (Germany) lodged on 17 November 2008 — Amiraike Berlin GmbH Aero and Campus Cottbus Ltd.
(Case C-497/08)
2009/C 113/38
Language of the case: German

Referring court

Amtsgericht Charlottenburg

Parties to the main proceedings


Applicant: Amiraike Berlin GmbH

Other party: Aero Campus Cottbus Ltd

Question referred

Are the provisions of primary Community law, in particular, Articles 10 EC, 43 EC and 48 EC and the principle according to which Member States as between each other must accord mutual recognition to their respective legal orders to be interpreted as meaning that in ratifying Community law a Member State (‘the first Member State’) has indicated, in principle, its acceptance of the effects on its national territory of expropriatory measures imposed under the legal order of a second Member State, at any rate, where the company (created as a matter of private law) affected by the expropriatory measure previously elected on an intentional basis — exercising its Community right to freedom of establishment — to submit itself to the company law regime of the second Member State, responsible for imposing the expropriation, notwithstanding the fact that it exercises its business activities in the first Member State and holds company assets affected by the expropriatory measure situated in that State?
Case T-241/06: Order of the Court of First Instance of 17 November 2008 — Reitz and von Gadomski v OHIM (CMD-CLINIC)
Date: 2008-11-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medical device, pharmaceutical product, trade-mark law

10.1.2009

EN

Official Journal of the European Union

C 6/43

Order of the Court of First Instance of 14 November 2008
— Abruzzo v Commission

Order of the Court of First Instance of 12 November 2008
— Nölle v OHIM — Viña Carta Vieja (Puzzle)

(Case T-384/05) (1)

(2009/C 6/84)

Language of the case: Italian

(Case T-303/07) (1)

(2009/C 6/86)

Language of the case: German

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

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

(1) OJ C 330, 24.12.2005.

(1) OJ C 235, 6.10.2007.

Order of the Court of First Instance of 17 November 2008
— Reitz and von Gadomski v OHIM (CMD-CLINIC)

(Case T-241/06) (1)

(2009/C 6/85)

Language of the case: German

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

(1) OJ C 261, 28.10.2006.

Order of the Court of First Instance of 19 November 2008
— Messe Düsseldorf v OHIM — Canon Communications
(MEDTEC)

(Case T-173/08) (1)

(2009/C 6/87)

Language of the case: English

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

(1) OJ C 171, 5.7.2008.