do-me/EUR-LEX huggingface dataset:
Case C-240/08: Order of the President of the Court of 4 December 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2008-12-04
Institutions: Court of Justice
Subjects: EU trade mark, Luxembourg, action for failure to fulfil an obligation, trade-mark law

7.3.2009

EN

Official Journal of the European Union

C 55/21

Action brought on 9 January 2009 — Commission of the
European Communities v Italian Republic

Defendant: Italian Republic

(Case C-12/09)

(2009/C 55/35)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga and S. Mortoni, acting as Agents)

Defendant: Italian Republic

Forms of order sought

the first

— Declare that the Italian Republic has failed to fulfil its obliga-
subparagraph of Article 7(1) of
tions under
Commission Directive 2006/17/EC (1) of 8 February 2006
implementing Directive 2004/23/EC of the European Parlia-
ment and of the Council as regards certain technical require-
ments for the donation, procurement and testing of human
tissues and cells, by not adopting all the laws, regulations
and administrative provisions necessary to comply with
Directive 2006/17/EC or,
in any event, by not communi-
cating those measures to the Commission.

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2006/17/EC expired
on 1 November 2006.

(1) OJ 2006 L 38, p. 40.

Forms of order sought

— Declare that the Italian Republic has failed to fulfil its obliga-
tions under
the first subparagraph of Article 11(1) of
Commission Directive 2006/86/EC (1) of 24 October 2006
implementing Directive 2004/23/EC of the European Parlia-
ment and of the Council as regards traceability requirements,
notification of serious adverse reactions and events and
certain technical requirements for the coding, processing,
preservation, storage and distribution of human tissues and
cells, by not adopting all the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2006/86/EC or, in any event, by not communicating those
measures to the Commission.

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2006/86/EC expired
on 1 September 2007.

(1) OJ 2006 L 294, p. 32.

Action brought on 9 January 2009 — Commission of the
European Communities v Italian Republic

(Case C-13/09)

(2009/C 55/36)

Language of the case: Italian

Parties

Order of the President of the Court of 4 December 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-240/08) (1)

(2009/C 55/37)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga and S. Mortoni, acting as Agents)

(1) OJ C 183, 19.7.2008.
Commission Regulation (EC) No 1208/2008 of 4 December 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-12-04
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import, pip fruit

5.12.2008

EN

Official Journal of the European Union

L 327/3

COMMISSION REGULATION (EC) No 1208/2008

of 4 December 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 5 December 2008.

Article 2

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

Done at Brussels, 4 December 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 327/4

EN

Official Journal of the European Union

5.12.2008

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 10 20

0805 20 10

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

0805 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

MA
TR
ZZ

JO
MA
TR
ZZ

JO
MA
TR
ZZ

BR
MA
TR
UY
ZA
ZW
ZZ

MA
TR
ZZ

AR
HR
IL
TR
ZZ

MA
TR
ZA
ZZ

CA
CL
CN
MK
US
ZA
ZZ

AR
CL
CN
TR
US
ZZ

67,0
79,7
73,4

167,2
60,3
89,0
105,5

230,6
79,8
87,5
132,6

44,6
68,4
54,6
34,6
43,6
43,5
48,2

64,3
65,0
64,7

62,9
49,2
85,6
58,9
64,2

64,0
57,7
79,4
67,0

89,4
67,1
80,0
34,8
107,7
113,0
82,0

73,4
48,4
41,3
110,3
122,0
79,1

(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-542/08: Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 4 December 2008 — Friedrich G. Barth v Bundesministerium für Wissenschaft und Forschung
Date: 2008-12-04
Institutions: Court of Justice
Subjects: Austria, Court of Justice of the European Union, EU law, free movement of workers, interpretation of the law, migrant worker








C_2009090EN.01000701.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/7





Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 4 December 2008 — Friedrich G. Barth v Bundesministerium für Wissenschaft und Forschung
(Case C-542/08)
2009/C 90/10
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Friedrich G. Barth

Defendant: Bundesministerium für Wissenschaft und Forschung

Questions referred







1.


Does the application of a limitation rule providing for a time-limit of three years in which to bring proceedings in cases such as those which are the subject of the main proceedings in which on grounds of a domestic law situation incompatible with Community law, prior to the judgment of the Court of Justice of the European Communities in Köbler (Case C-224/01), migrant workers were refused special length-of-service increments constitute for the purposes of Article 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 (1) indirect discrimination against migrant workers or a restriction on the right to freedom of movement for workers guaranteed by those provisions?










2.


If the first question is answered in the affirmative: Do Article 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 — in cases such as those which are the subject of the main proceedings — preclude the application of such a limitation rule on special length-of-service increments refused to migrant workers prior to the judgment of the Court of Justice of the European Communities in Köbler (Case C-224/01) on grounds of a domestic law situation which was incompatible with Community law?










3.


In circumstances such as those at issue in the main proceedings, in relation to claims seeking to enforce an entitlement to length-of-service increment previously denied — contrary to Community law — on the basis of unambiguously worded national legislation, does the principle of effectiveness preclude the application of limitation rules providing for a time-limit of three years in which to bring proceedings?






(1)  OJ English Special Edition 1968 (II), p. 475
Non-opposition to a notified concentration (Case COMP/M.5338 — Barclays/Investcorp/N & V Global Vending) Text with EEA relevance
Date: 2008-12-04
Institutions: European Commission
Subjects: automatic vending machine, economic concentration, exchange of information, financial institution, merger control

4.12.2008

EN

Official Journal of the European Union

C 309/9

Non-opposition to a notified concentration

(Case COMP/M.5338 — Barclays/Investcorp/N & V Global Vending)

(Text with EEA relevance)

(2008/C 309/04)

On 31 October 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 32008M5338. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Maintenance obligations *European Parliament legislative resolution of 4 December 2008 on the proposal for a Council regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (14066/2008 — C6-0384/2008 — 2005/0259(CNS)
Date: 2008-12-04
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: approximation of laws, civil law, divorce, family law, judicial cooperation in criminal matters in the EU, maintenance obligation








CE2010021EN.01002101.xml










28.1.2010   


EN


Official Journal of the European Union


CE 21/21





Thursday 4 December 2008Maintenance obligations *
P6_TA(2008)0574
European Parliament legislative resolution of 4 December 2008 on the proposal for a Council regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (14066/2008 — C6-0384/2008 — 2005/0259(CNS))
2010/C 21 E/08
(Consultation procedure — renewed consultation)

The European Parliament,
having regard to the text of the Council draft (14066/2008),
having regard to the Commission proposal to the Council (COM(2005)0649),
having regard to its position of 13 December 2007 (1),
having regard to Articles 61(c) and 67(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0384/2008),
having regard to Rules 51 and 55(3) of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0456/2008),






1.


Approves the Council text;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;










4.


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






(1)  Texts Adopted, P6_TA(2007)0620.
Case F-6/08: Judgment of the Civil Service Tribunal (First Chamber) of 4 December 2008 — Blias v ECB (Staff case — ECB staff — Remuneration — Expatriation allowance — Conditions set out in Article 17 of the ECB conditions of employment — Applicant ordered to pay the costs — Requirements of fairness — Article 87(2) of the Rules of Procedure)
Date: 2008-12-04
Institutions: Civil Service Tribunal
Subjects: EU Member State, European Central Bank, action for annulment (EU), allowances and expenses, residence, workplace

24.1.2009

EN

Official Journal of the European Union

C 19/37

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
2 December 2008 — Baniel-Kubinova v European
Parliament

Judgment of the Civil Service Tribunal (First Chamber) of
4 December 2008 — Blias v ECB

(Case F-131/07) (1)

(Staff case — Members of the temporary staff and members
of the auxiliary staff appointed probationary officials —
Article 10 of Annex VII to the Staff Regulations — Right to
the daily allowance after receiving part of the installation
allowance)

(Case F-6/08) (1)

(Staff case — ECB staff — Remuneration — Expatriation
allowance — Conditions set out in Article 17 of the ECB
conditions of employment — Applicant ordered to pay the
costs — Requirements of fairness — Article 87(2) of the
Rules of Procedure)

(2009/C 19/72)

Language of the case: French

(2009/C 19/73)

Language of the case: German

Parties

Applicants: Barbora Baniel-Kubinova (Alzingen, Luxembourg)
and thirteen other officials of the European Parliament (repre-
sented by: S. Orlandi, J.-N. Louis and E. Marchal, lawyers)

Parties

Applicant:
sented by: B. Karthaus, lawyer)

Jessica Blias (Frankfurt on Main, Germany)

(repre-

Defendant: European Central Bank (represented by: F. Malfrère
and F. Feyerbacher, Agents, assisted by B. Wägenbaur, lawyer)

Defendant: European Parliament (represented by: R.
and S. Seyr, agents)

Ignătescu

Re:

Re:

Annulment of several of
the Appointing
the European Parliament refusing to grant the
Authority of
applicants the daily allowance referred to in Article 10 of
Annex VII to the Staff Regulations of Officials.

the decisions of

the decision of

the European
Staff cases — Annulment of
Central Bank of 15 August 2007 refusing to grant the applicant
entitlement to the expatriation allowance on the ground that
she does not fulfil the conditions set out in Article 17 of the
Conditions of Employment of the ECB.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Ms Blias to pay, in addition to her own costs, half the costs

of the European Central Bank;

2. Orders the parties to bear their own costs.

3. Orders the European Central Bank to pay half of its own costs.

(1) OJ C 183, 19.7.2008, p. 32.

(1) OJ C 142, 7.6.2008, p. 39.
Measuring instruments and methods of metrological control (recast) ***IEuropean Parliament legislative resolution of 4 December 2008 on the proposal for a directive of the European Parliament and of the Council relating to common provisions for both measuring instruments and methods of metrological control (recast) (COM(2008)0357 — C6-0237/2008 — 2008/0123(COD)
Date: 2008-12-04
Institutions: Committee on Legal Affairs, European Parliament
Subjects: EC conformity marking, approximation of laws, measuring equipment, metrology








CE2010021EN.01002201.xml










28.1.2010   


EN


Official Journal of the European Union


CE 21/22





Thursday 4 December 2008Measuring instruments and methods of metrological control (recast) ***I
P6_TA(2008)0575
European Parliament legislative resolution of 4 December 2008 on the proposal for a directive of the European Parliament and of the Council relating to common provisions for both measuring instruments and methods of metrological control (recast) (COM(2008)0357 — C6-0237/2008 — 2008/0123(COD))
2010/C 21 E/09
(Codecision procedure — recast)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0357),
having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0237/2008),
having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),
having regard to the undertakings given by the Council representative by letter of 3 December 2008 to adopt the proposal, in accordance with Article 251(2) of the EC Treaty and with the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission,
having regard to Rules 80a and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0429/2008),






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 does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal 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.


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.






(1)  OJ C 77, 28.3.2002, p. 1.
2009/24/EC: Council Decision of 4 December 2008 appointing a Spanish alternate member of the Committee of the Regions
Date: 2008-12-04
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of staff

L 10/14

EN

Official Journal of the European Union

15.1.2009

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

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 4 December 2008

appointing a Spanish alternate member of the Committee of the Regions

(2009/24/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community, and in particular Article 263 thereof,

establishing the European

Having regard to the proposal of the Spanish Government,

Whereas:

the Council adopted Decision
On 24 January 2006,
2006/116/EC appointing the members and alternate
members of
the
period from 26 January 2006 to 25 January 2010 (1).

the Committee of

the Regions for

(1)

(2)

Article 1

The following is hereby appointed to the Committee of the
Regions as an alternate member for the remainder of
the
current term of office, which runs until 25 January 2010:

— Mr Juan Antonio MORALES RODRÍGUEZ, Director General de

Relaciones Institucionales y Acción Exterior, Murcia.

This Decision shall take effect on the day of its adoption.

Article 2

Done at Brussels, 4 December 2008.

An alternate member's seat on the Committee of the
Regions has become vacant following the expiry of the
mandate of Ms Maria Dolores ALARCÓN MARTÍNEZ,

For the Council
The President

N. KOSCIUSKO-MORIZET

(1) OJ L 56, 25.2.2006, p. 75.
Agreement between Korea and the EC concerning cooperation on anti-competitive activities *European Parliament legislative resolution of 4 December 2008 on the proposal for a Council decision concluding the Agreement between the Government of the Republic of Korea and the European Community concerning cooperation on anti-competitive activities (SEC(2007)1731 — C6-0398/2008 — 2008/0004(CNS)
Date: 2008-12-04
Institutions: Committee on Economic and Monetary Affairs, Committee on International Trade, European Parliament
Subjects: European Community, South Korea, agreement (EU), competition, competition law, cooperation agreement








CE2010021EN.01001601.xml










28.1.2010   


EN


Official Journal of the European Union


CE 21/16





Thursday 4 December 2008Agreement between Korea and the EC concerning cooperation on anti-competitive activities *
P6_TA(2008)0572
European Parliament legislative resolution of 4 December 2008 on the proposal for a Council decision concluding the Agreement between the Government of the Republic of Korea and the European Community concerning cooperation on anti-competitive activities (SEC(2007)1731 — C6-0398/2008 — 2008/0004(CNS))
2010/C 21 E/06
(Consultation procedure)

The European Parliament,
having regard to the proposal for a Council decision (SEC(2007)1731),
having regard to the Agreement between the Government of the Republic of Korea and the European Community concerning cooperation on anti-competitive activities,
having regard to Articles 83 and 308 of the EC Treaty,
having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0398/2008),
having regard to Rules 51 and 83(7) of its Rules of Procedure,
having regard to the report of the Committee on International Trade and the opinion of the Committee on Economic and Monetary Affairs (A6-0452/2008),






1.


Approves the proposal for a Council decision as amended and approves conclusion of the agreement;










2.


Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Korea.










TEXT PROPOSED BY THE COMMISSION


AMENDMENTS





Amendment 1






Proposal for a Council decision


Recital 2a (new)





 










(2a)






As mutual recognition of competition law between the European Community and South Korea is the most efficient way to tackle anti-competitive behaviour, the use of trade defence instruments (TDIs) between the two parties should be minimised
.









Amendment 2






Proposal for a Council decision


Recital 4a (new)





 










(4a)





That Agreement should be considered in the context of the overall framework of existing agreements between the European Community and the Republic of Korea and those currently under negotiation, in particular the negotiations concerning a potential free trade agreement.
Euro exchange rates
Date: 2008-12-04
Institutions: European Commission
Subjects: euro, exchange rate

C 309/10

EN

Official Journal of the European Union

4.12.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

3 December 2008

(2008/C 309/05)

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

1,2623

TRY

Turkish lira

117,39

AUD Australian dollar

7,4505

0,85475

10,4545

1,5332

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9926

1,9625

1,5853

9,7852

2,3804

1,9315

290,00

KRW South Korean won

1 849,90

8,9050

1,9558

25,636

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

262,33

MYR Malaysian ringgit

3,4528

0,7093

3,8506

3,8435

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,225

MXN Mexican peso

13,0017

8,6884

7,1913

15 274,00

4,5948

62,230

35,3395

44,919

3,0390

17,1610

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