do-me/EUR-LEX huggingface dataset:
Case F-148/06: Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2008 — Collée v Parliament (Staff cases — Officials — Promotion — Procedure for allocating merit points in the European Parliament — Examination of comparative merits)
Date: 2008-12-11
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, promotion, staff assessment

21.2.2009

EN

Official Journal of the European Union

C 44/69

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
and Others v
of 5 November 2008 — Avanzata

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Collée v Parliament

Commission

(Case F-48/06) (1)

(Staff cases — Contractual staff — Classification and remu-
neration — Persons formerly employed under Luxembourg
law)

(2009/C 44/118)

Language of the case: French

Parties

Applicants: Eric Avanzata (Hussigny, France) and 20 other
members of contract staff
(represented by: S. Orlandi, A.
Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and G. Berscheid, acting as Agents)

Re:

Annulment of the Commission decisions determining the appli-
in particular, their function
cants' conditions of appointment,
groups, grades, steps and remuneration as laid down in their
contracts of employment.

(Case F-148/06) (1)

(Staff cases — Officials — Promotion — Procedure for allo-
cating merit points in the European Parliament — Examina-
tion of comparative merits)

(2009/C 44/119)

Language of the case: French

Parties

Applicant: Laurent Collée (Luxembourg, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal,
lawyers)

Defendant: European Parliament (represented by: C. Burgos and
A. Lukošiūtė)

Re:

First, annulment of the decision of 9 January 2006 allocating
two merit points to the applicant under the 2004 promotion
procedure and second, a declaration that paragraph I.3 of the
‘Instructions on the procedure for the allocation of promotion
points’ of the European Parliament of 13 June 2002 is illegal.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

The Tribunal:

1. Dismisses the action;

1. Annuls the decision allocating two merit points to Mr Collée under

the 2004 promotion procedure;

2. Dismisses the remainder of the action;

2. Orders the parties to bear their own costs.

3. Orders the European Parliament to pay the costs.

(1) OJ C 154 of 1.7.2006, p. 26.

(1) OJ C 42 of 24.2.2007, p. 48.
Commission Regulation (EC) No 1230/2008 of 11 December 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-12-11
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

12.12.2008

EN

Official Journal of the European Union

L 334/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 1230/2008

of 11 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 12 December 2008.

Article 2

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

Done at Brussels, 11 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 334/2

EN

Official Journal of the European Union

12.12.2008

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

MA
TR
ZZ

AR
BR
CL
EG
MA
TR
ZA
ZW
ZZ

MA
TR
ZZ

CN
HR
IL
TR
ZZ

MA
TR
ZZ

CA
CL
CN
MK
US
ZA
ZZ

CN
TR
US
ZZ

81,5
71,9
76,7

167,2
51,4
85,6
101,4

105,7
133,9
119,8

18,1
56,0
50,9
30,5
91,7
68,8
51,8
43,9
51,5

68,8
73,0
70,9

54,6
54,2
70,8
55,8
58,9

78,3
66,6
72,5

89,2
43,7
77,8
35,3
117,4
123,2
81,1

49,6
97,0
131,4
92,7

(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 F-93/07: Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2008 — Beatriz Acosta Iborra and Others v Commission (Staff case — Officials — Promotion — 2006 promotion procedure — Ability to work in a third language)
Date: 2008-12-11
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, promotion, staff assessment

C 44/72

EN

Official Journal of the European Union

21.2.2009

4. Orders the Commission of the European Communities to bear its

own costs and to pay half of Mr Traore's costs.

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Beatriz Acosta Iborra and Others v
Commission

(1) OJ C 269 of 10.11.2007, p. 72.

(Case F-93/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Ability to work in a third language)

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Evraets v Commission

(Case F-92/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Ability to work in a third language)

Parties

(2009/C 44/126)

Language of the case: French

(2009/C 44/125)

Language of the case: French

Parties

Applicant: Beatriz Acosta Iborra (Alkmaar, Netherlands) and nine
other officials of the Commission (represented by: N. Lhoëst,
initially, and N. Lhoëst and S. Fernández Menéndez, subse-
quently, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Applicant: Pascal Evraets (Lambusart, Belgium) (represented by:
N. Lhoëst, initially, and N. Lhoëst and S. Fernández Menéndez,
subsequently, lawyers)

Intervener: Council of
I. Šulce and M. Simm, Agents)

the European Union (represented by:

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Intervener: Council of
I. Šulce and M. Simm, Agents)

the European Union (represented by:

Re:

Annulment of the decision not to promote the applicants to
grade AST 4, for failure to demonstrate the ability to work in a
third language, for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not to promote Mr Evraets for the 2006

promotion procedure;

Annulment of the decision not to promote the applicants for
failure to demonstrate that they were able to work in a third
language for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not

to promote for the 2006 promotion
procedure Ms Acosta Iborra and the nine other officials of the
Commission of the European Communities whose names appear
annexed to this judgment;

2. Orders the Commission of the European Communities to bear its

own costs and to pay the costs of the applicants;

own costs and to pay the costs of the applicant;

2. Orders the Commission of the European Communities to bear its

3. Orders the Council of the European Union to bear its own costs.

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 283, 24.11.2007, p. 44.

(1) OJ C 283, 24.11.2007, p. 44.
Case C-380/06: Judgment of the Court (First Chamber) of 11 December 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Late payment in commercial transactions — Time-limit — Directive 2000/35/EC — Infringement of Article 3(1), (2) and (4))
Date: 2008-12-11
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, claim, foodstuff, payment, trading operation

C 32/2

EN

Official Journal of the European Union

7.2.2009

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 11 December
the European Communities v
2008 — Commission of

Kingdom of Spain

(Case C-380/06) (1)

(Failure of a Member State to fulfil obligations — Late
payment in commercial transactions — Time-limit — Direc-
tive 2000/35/EC — Infringement of Article 3(1), (2) and (4))

(2009/C 32/02)

Language of the case: Spanish

Judgment of the Court (Fourth Chamber) of 11 December
2008 (reference for
a preliminary ruling from the
Marknadsdomstolen — Sweden) — Kanal 5 Ltd, TV 4 AB v
Föreningen Svenska Tonsättares Internationella Musikbyrå
(STIM)

(Case C-52/07) (1)

(Copyright — Copyright management organisation enjoying a
de facto monopoly — Collection of royalties relating to the
broadcast of musical works — Method of calculating those
royalties — Dominant position — Abuse)

Parties

(2009/C 32/03)

Language of the case: Swedish

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
acting as Agent)

Referring court

Marknadsdomstolen

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 3(1)(2) and (4) of Directive 2000/35/EC of
the
European Parliament and of the Council of 29 June 2000 on
combating late payment in commercial transactions (OJ 2000
L 200, p. 35) — Period of 90 days for the payment of certain
staple foods

Operative part of the judgment

The Court:

1. Dismisses the action;

Parties to the main proceedings

Applicant: Kanal 5 Ltd, TV 4 AB

Defendant:
Musikbyrå (STIM)

Föreningen Svenska Tonsättares

Internationella

Re:

for

Reference
a preliminary ruling — Interpretation of
Article 82 EC — Payments made by commercial television chan-
nels to an organisation responsible for the management of the
performing rights of musical works — Calculation of payments
based on a percentage of the revenue from, inter alia, subscrip-
tions and advertising.

2. Orders the Commission of the European Communities to pay the

costs.

Operative part of the judgment

(1) OJ C 294 of 2.12.2006.

1) Article 82 EC must be interpreted as meaning that a copyright
management organisation with a dominant position on a substan-
tial part of
the common market does not abuse that position
where, with respect to remuneration paid for the television broadcast
of musical works protected by copyright, it applies to commercial
Case F-92/07: Judgment of the Civil Service Tribunal (Third Chamber) of 11 December 2008 — Evraets v Commission (Staff case — Officials — Promotion — 2006 promotion procedure — Ability to work in a third language)
Date: 2008-12-11
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, promotion

C 44/72

EN

Official Journal of the European Union

21.2.2009

4. Orders the Commission of the European Communities to bear its

own costs and to pay half of Mr Traore's costs.

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Beatriz Acosta Iborra and Others v
Commission

(1) OJ C 269 of 10.11.2007, p. 72.

(Case F-93/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Ability to work in a third language)

Judgment of the Civil Service Tribunal (Third Chamber) of
11 December 2008 — Evraets v Commission

(Case F-92/07) (1)

(Staff case — Officials — Promotion — 2006 promotion
procedure — Ability to work in a third language)

Parties

(2009/C 44/126)

Language of the case: French

(2009/C 44/125)

Language of the case: French

Parties

Applicant: Beatriz Acosta Iborra (Alkmaar, Netherlands) and nine
other officials of the Commission (represented by: N. Lhoëst,
initially, and N. Lhoëst and S. Fernández Menéndez, subse-
quently, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Applicant: Pascal Evraets (Lambusart, Belgium) (represented by:
N. Lhoëst, initially, and N. Lhoëst and S. Fernández Menéndez,
subsequently, lawyers)

Intervener: Council of
I. Šulce and M. Simm, Agents)

the European Union (represented by:

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Intervener: Council of
I. Šulce and M. Simm, Agents)

the European Union (represented by:

Re:

Annulment of the decision not to promote the applicants to
grade AST 4, for failure to demonstrate the ability to work in a
third language, for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not to promote Mr Evraets for the 2006

promotion procedure;

Annulment of the decision not to promote the applicants for
failure to demonstrate that they were able to work in a third
language for the 2006 promotion procedure.

Operative part of the judgment

The Tribunal:

1. Annuls the decisions not

to promote for the 2006 promotion
procedure Ms Acosta Iborra and the nine other officials of the
Commission of the European Communities whose names appear
annexed to this judgment;

2. Orders the Commission of the European Communities to bear its

own costs and to pay the costs of the applicants;

own costs and to pay the costs of the applicant;

2. Orders the Commission of the European Communities to bear its

3. Orders the Council of the European Union to bear its own costs.

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 283, 24.11.2007, p. 44.

(1) OJ C 283, 24.11.2007, p. 44.
Euro exchange rates
Date: 2008-12-11
Institutions: European Commission
Subjects: euro, exchange rate

C 316/2

EN

Official Journal of the European Union

11.12.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

10 December 2008

(2008/C 316/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

RON

Romanian leu

SKK

TRY

Slovak koruna

Turkish lira

119,77

7,4499

0,87325

10,5670

1,5587

9,1285

1,9558

25,900

15,6466

263,75

3,4528

0,7092

3,9566

3,8780

30,189

1,2925

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD

New Zealand dollar

SGD

Singapore dollar

KRW South Korean won

1 790,76

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

13,1916

8,8708

7,1923

Indonesian rupiah

14 185,19

MYR Malaysian ringgit

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

2,0280

MXN Mexican peso

1,9665

1,6295

10,0171

2,3696

1,9393

4,6724

62,470

36,0941

45,748

3,2406

17,4681

(1) Source: reference exchange rate published by the ECB.
2008/990/EC: Decision of the European Central Bank of 11 December 2008 on the approval of the volume of coin issuance in 2009 (ECB/2008/20)
Date: 2008-12-11
Institutions: European Central Bank
Subjects: European Central Bank, euro, issuing of currency, participating country (euro area)

L 352/58

EN

Official Journal of the European Union

31.12.2008

EUROPEAN CENTRAL BANK

DECISION OF THE EUROPEAN CENTRAL BANK

of 11 December 2008

on the approval of the volume of coin issuance in 2009

(ECB/2008/20)

(2008/990/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty
Community, and in particular Article 106(2) thereof,

establishing the European

Having regard to Council Decision 2008/608/EC of 8 July 2008
in accordance with Article 122(2) of the Treaty on the adoption
by Slovakia of the single currency on 1 January 2009 (1), and in
particular Article 1 thereof,

Whereas:

(1)

(2)

(3)

The European Central Bank (ECB) has the exclusive right
from 1 January 1999 to approve the volume of coins
issued by the Member States that have adopted the euro
(hereinafter the ‘participating Member States’).

The derogation in favour of Slovakia referred to in
the 2003 Act of Accession has been
Article 4 of
abrogated with effect from 1 January 2009.

The 15 current participating Member States and Slovakia
have submitted to the ECB for approval their estimates of
the volume of euro coins to be issued in 2009, supple­
mented by explanatory notes on the forecasting metho­
dology,

HAS ADOPTED THIS DECISION:

Article 1

(EUR million)

Issuance of coins intended for
circulation and issuance of collector
coins (not intended for circulation) in
2009

105,4

632,0

65,5

85,7

390,0

252,5

234,3

22,5

42,0

15,4

68,5

216,0

50,0

27,0

131,0

60,0

Belgium

Germany

Ireland

Greece

Spain

France

Italy

Cyprus

Luxembourg

Malta

Netherlands

Austria

Portugal

Slovenia

Slovakia

Finland

Article 2

Final provision

This Decision is addressed to the participating Member States.

Approval of the volume of euro coins to be issued in 2009

Done at Frankfurt am Main, 11 December 2008.

The ECB hereby approves the volume of euro coins to be issued
by the participating Member States in 2009 as described in the
following table:

The President of the ECB

Jean-Claude TRICHET

(1) OJ L 195, 24.7.2008, p. 24.
Notice to economic operators — Import licensing arrangements for textile and clothing products originating in China into the Community — Changes from 1 January 2009
Date: 2008-12-11
Institutions: European Commission
Subjects: China, clothing, import, import licence, import policy, originating product, textile product

11.12.2008

EN

Official Journal of the European Union

C 316/17

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice to economic operators — Import licensing arrangements for textile and clothing products
originating in China into the Community — Changes from 1 January 2009

(2008/C 316/06)

By the present notice, Community operators are informed of the following practical
imports of textile and clothing products originating in China from 1 January 2009.

issues concerning

The current regime of double checking surveillance system of imports for the product categories originating
in China listed in Annex V to the Council Regulation (EEC) No 3030/93 of 12 October 1993 on common
rules of imports of certain textile products from third countries (1) will expire on 31 December 2008.

From 1 January 2009, the release into free circulation of textile and clothing products originating in China
will no longer require any import licence or surveillance document regardless of their date of shipment.

(1) OJ L 275, 8.11.1993, p. 1.