do-me/EUR-LEX huggingface dataset:
2009/71/EC,Euratom: Council Decision of 19 January 2009 appointing a Spanish member of the European Economic and Social Committee
Date: 2009-01-19
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Germany, appointment of staff

L 24/14

EN

Official Journal of the European Union

28.1.2009

COUNCIL DECISION

of 19 January 2009

appointing a Spanish member of the European Economic and Social Committee

(2009/71/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community, and in particular Article 259 thereof,

establishing the European

Article 1

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 167 thereof,

Having regard to Decision 2006/524/EC, Euratom of 11 July
2006 appointing Czech, German, Estonian, Spanish, French,
Italian, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese,
Austrian, Slovenian and Slovak members of
the European
Economic and Social Committee (1),

Mr Carlos TRÍAS PINTÓ, Asociación General de Consumidores
is hereby appointed a member of the European
(ASGECO),
Economic and Social Committee for the remainder of
the
current term of office, which runs until 20 September 2010.

Article 2

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

Having regard to the proposal of the Spanish Government,

Done at Brussels, 19 January 2009.

Having regard to the opinion of the Commission,

Whereas a member’s seat on the European Economic and Social
Committee has become vacant following the resignation of Mr
Francisco CEBALLO HERRERO,

For the Council
The President

P. GANDALOVIČ

(1) OJ L 207, 28.7.2006, p. 30.
Commission Regulation (EC) No 38/2009 of 19 January 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-01-19
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

20.1.2009

EN

Official Journal of the European Union

L 14/3

COMMISSION REGULATION (EC) No 38/2009

of 19 January 2009

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 20 January 2009.

Article 2

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

Done at Brussels, 19 January 2009.

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 14/4

EN

Official Journal of the European Union

20.1.2009

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)

IL
JO
MA
TN
TR
ZZ

JO
MA
TR
ZZ

MA
TR
ZZ

EG
IL
MA
TN
TR
ZZ

MA
TR
ZZ

CN
EG
IL
JM
TR
ZZ

MA
TR
ZZ

CN
MK
TR
US
ZZ

CN
KR
TR
US
ZZ

147,8
75,8
42,0
134,4
131,8
106,4

155,5
108,6
158,0
140,7

162,4
170,8
166,6

47,5
56,1
62,3
50,2
61,6
55,5

77,8
58,0
67,9

63,0
96,8
65,6
95,1
88,6
81,8

67,1
51,9
59,5

64,7
32,6
67,5
109,6
68,6

71,5
148,7
97,0
114,6
108,0

(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 Regulation (EC) No 39/2009 of 19 January 2009 on the issue of licences for the import of preserved mushrooms in 2009
Date: 2009-01-19
Institutions: European Commission
Subjects: China, import licence, mushroom-growing, originating product, preserved product, third country

20.1.2009

EN

Official Journal of the European Union

L 14/5

COMMISSION REGULATION (EC) No 39/2009

of 19 January 2009

on the issue of licences for the import of preserved mushrooms in 2009

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),

Having regard to Commission Regulation (EC) No 1301/2006
of 31 August 2006 laying down common rules for the admin­
for agricultural products
istration of
managed by a system of import licences (2), and in particular
Article 7(2) thereof,

tariff quotas

import

Whereas:

(1)

The quantities for which licence applications have been
lodged by traditional importers and/or by new importers
between 2 and 8 January 2009 pursuant to Article 8 of
of
Commission Regulation
22 December 2006 opening and providing for the ad­
ministration of tariff quotas for preserved mushrooms

1979/2006

(EC) No

imported from third countries (3) exceed the quantities
available for products originating in China and other
third countries.

(2)

It is therefore necessary to establish the extent to which
the licence applications sent to the Commission no later
than 15 January 2009 can be met,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for import licences lodged pursuant to Article 8 of
Regulation (EC) No 1979/2006 between 2 and 8 January 2009
and sent to the Commission no later than 15 January 2009
shall be met at a percentage rate of the quantities applied for as
set out in the Annex hereto.

Article 2

This Regulation shall enter into force on the day of its publi­
cation 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, 19 January 2009.

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 238, 1.9.2006, p. 13.

(3) OJ L 368, 23.12.2006, p. 91.

L 14/6

EN

Official Journal of the European Union

20.1.2009

ANNEX

Origin of products

Percentage allocations

China

Third countries other than China

— Traditional importers

(Article 4(1) of Regulation (EC) No 1979/2006)

— New importers

(Article 4(2) of Regulation (EC) No 1979/2006)

57,547896 %

5,656152 %

‘—’: No application for a licence has been sent to the Commission.

—

100 %
2009/70/EC,Euratom: Council Decision of 19 January 2009 appointing two German members of the European Economic and Social Committee
Date: 2009-01-19
Institutions: Council of the European Union
Subjects: Court of Justice of the European Union, European civil service, appointment of staff, labour tribunal, operation of the Institutions

28.1.2009

EN

Official Journal of the European Union

L 24/13

COUNCIL DECISION

of 19 January 2009

appointing two German members of the European Economic and Social Committee

(2009/70/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community, and in particular Article 259 thereof,

establishing the European

Article 1

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 167 thereof,

Having regard to Council Decision 2006/524/EC, Euratom of
11 July 2006 appointing Czech, German, Estonian, Spanish,
Italian, Latvian, Lithuanian, Luxembourg, Hungarian,
French,
Maltese, Austrian, Slovenian and Slovak members of
the
European Economic and Social Committee (1),

Having regard to the proposal of the German Government,

Ms

Michaela

Ms Gabriela BISCHOFF, Bereichsleiterin Europapolitik im DGB,
Vorstandsmitglied
and
Gewerkschaft
hereby
Nahrung-Genuss-Gaststätten,
appointed to the European Economic and Social Committee
for the remainder of the current term of office, which runs
until 20 September 2010.

ROSENBERGER,

are

Article 2

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

Having regard to the opinion of the Commission,

Done at Brussels, 19 January 2009.

Whereas two members' seats on the European Economic and
Social Committee have become vacant following the death of
Ms Karin ALLEWELDT and the resignation of Ms Amelie
BUNTENBACH,

For the Council
The President

P. GANDALOVIČ

(1) OJ L 207, 28.7.2006, p. 30.
2009/40/EC: Council Decision of 19 January 2009 appointing one Danish member and two Danish alternate members of the Committee of the Regions
Date: 2009-01-19
Institutions: Council of the European Union
Subjects: Denmark, European Committee of the Regions, appointment of staff

21.1.2009

EN

Official Journal of the European Union

L 16/11

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

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 19 January 2009

appointing one Danish member and two Danish alternate members of the Committee of the
Regions

(2009/40/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(a) as a member:

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

establishing the European

Having regard to the proposal of the Danish Government,

Whereas:

(1)

(2)

On 24 January 2006,
the Council adopted Decision
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

A member's seat on the Committee of the Regions has
following the resignation of Ms Eva
become vacant
NEJSTGAARD. Two alternate members′
seats on the
Committee of
vacant
following the resignation of Mr Bjørn DAHL and the
expiry of the mandate of Ms Anna Margrethe KAALUND,

the Regions have become

— Mr Jens Jørgen NYGAARD, 1. Viceborgmester, Egedal

Kommune;

(b) as alternate members:

— Ms Anna Margrethe KAALUND, Byrådsmedlem, Viborg

Kommune (change of mandate),

— Mr Jens STENBÆK, Viceborgmester, Holbæk Kommune.

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

Article 2

HAS DECIDED AS FOLLOWS:

Done at Brussels, 19 January 2009.

Article 1

The following are hereby appointed to the Committee of the
Regions for the remainder of the current term of office, which
runs until 25 January 2010:

For the Council
The President
P. GANDALOVIČ

(1) OJ L 56, 25.2.2006, p. 75.
Case C-23/09 P: Appeal brought on 19 January 2009 by ecoblue AG against the judgment of the Court of First Instance (First Chamber) delivered on 12 November 2008 in Case T-281/07: ecoblue AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2009-01-19
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, European standard, appeal








C_2009090EN.01000801.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/8





Appeal brought on 19 January 2009 by ecoblue AG against the judgment of the Court of First Instance (First Chamber) delivered on 12 November 2008 in Case T-281/07: ecoblue AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-23/09 P)
2009/C 90/12
Language of the case: English

Parties


Appellant: ecoblue AG (represented by: C. Osterrieth, T. Schmitz, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Banco Bilbao Vizcaya Argentaria, SA

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the Court of First Instance of the European Communities of 12 November 2008 in the Case T-281/07;










—


to annul the decision of the First Chamber of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 April 2007 (Case R 0844/2006-1) regarding the community trade mark application with the application No. 002871598 ‘Ecoblue’










—


order OHIM to pay the costs





Pleas in law and main arguments

The appellant maintains that the Court of First Instance misapplied art. 8(1)(b) of the Community Trade Mark Regulation since the conflicting trademarks do not display the minimum degree of similarity required in order to establish a likelihood of confusion.
It is submitted that the Court of First Instance erred in finding that the distinctiveness of the earlier trademark, which formed the basis of the opposition, constitutes an essential requirement of the likelihood of confusion. The CFI failed to consider that aspect of the dispute and merely compared the two opposing trademarks from a visual, phonetic and conceptual perspective, as if the earlier trademark was a mark which enjoyed an average degree of distinctiveness.
It is also submitted that the CFI did not correctly apply the rule that consumers normally attach more importance to the first part of words. Since both word elements, ‘Eco’ and ‘blue’, are equally descriptive, the consumer automatically puts more emphasis on the first word, ‘Eco’, thereby recognising the distinctiveness of both trademarks.
It is further submitted that the CFI erred in law in failing to treat the conceptual difference between the opposing marks as being of primary importance.
2009/41/EC: Council Decision of 19 January 2009 appointing an Austrian member of the Committee of the Regions
Date: 2009-01-19
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of staff

L 16/12

EN

Official Journal of the European Union

21.1.2009

COUNCIL DECISION

of 19 January 2009

appointing an Austrian member of the Committee of the Regions

(2009/41/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 Austrian Government,

Whereas:

(1)

On 24 January 2006,
the Council adopted Decision
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

Article 1

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

Mr Gerhard DÖRFLER, Landeshauptmann, Kärnten.

Article 2

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

Done at Brussels, 19 January 2009.

(2)

A member’s seat on the Committee of the Regions has
become vacant following the death of Mr Jörg HAIDER,

For the Council
The President
P. GANDALOVIČ

(1) OJ L 56, 25.2.2006, p. 75.