do-me/EUR-LEX huggingface dataset:
Euro exchange rates
Date: 2009-02-13
Institutions: European Commission
Subjects: euro, exchange rate

13.2.2009

EN

Official Journal of the European Union

C 36/5

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

12 February 2009

(2009/C 36/05)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

TRY

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

Turkish lira

1,2833

AUD Australian dollar

115,46

7,4524

0,90300

10,7945

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9844

1,5994

9,9479

2,4738

1,9384

1,4885

KRW South Korean won

1 813,05

8,8155

1,9558

28,620

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

298,55

3,4528

0,7066

4,6050

4,2951

2,1249

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,9636

8,7703

7,4660

15 348,27

4,6404

60,600

44,6081

45,063

2,9468

18,7362

62,3560

(1) Source: reference exchange rate published by the ECB.
Case C-63/09: Reference for a preliminary ruling from the Juzgado de lo Mercantil 4, Barcelona (Spain) lodged on 13 February 2009 — Axel Walz v Clickair SA
Date: 2009-02-13
Institutions: Court of Justice
Subjects: Spain, air transport, damages, interpretation of the law, personal effects, transport regulations








C_2009102EN.01001102.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/11





Reference for a preliminary ruling from the Juzgado de lo Mercantil 4, Barcelona (Spain) lodged on 13 February 2009 — Axel Walz v Clickair SA
(Case C-63/09)
2009/C 102/16
Language of the case: Spanish

Referring court

Juzgado de lo Mercantil 4, Barcelona

Parties to the main proceedings


Applicant: Axel Walz

Defendant: Clickair SA

Question referred

Does the limit of liability referred to in Article 22.2 of the Convention for the Unification of Certain Rules for International Carriage, signed in Montreal on 28 May 1999, include both non-material damage and material damage resulting from the loss of baggage?
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 13 February 2009 concerning a preliminary draft Commission decision on the deletion of Article 7 of Decision 2007/53/EC relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA agreement against Microsoft Corporation and repealing Decision C(2005) 2988 final — Rapporteur: Czech Republic
Date: 2009-02-13
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: dominant position, information technology industry, operating system, restriction on competition








C_2010348EN.01000601.xml










21.12.2010   


EN


Official Journal of the European Union


C 348/6





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 13 February 2009 concerning a preliminary draft Commission decision on the deletion of Article 7 of Decision 2007/53/EC relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA agreement against Microsoft Corporation and repealing Decision C(2005) 2988 final
Rapporteur: Czech Republic
2010/C 348/06






1.


The Advisory Committee agrees with the Commission that the Article 7 of the Decision 2007/53/EC shall be deleted and the Decision C(2005) 2988 final shall be repealed.










2.


The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 November 2008 regarding a draft decision relating to Cases COMP/39.388 — German Electricity Wholesale Market and COMP/39.389 — German Electricity Balancing Market — Rapporteur: The Netherlands
Date: 2009-02-13
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: European Commission, Germany, competition law, dominant position, electrical industry, exchange of information

C 36/6

EN

Official Journal of the European Union

13.2.2009

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its
meeting of 3 November 2008 regarding a draft decision relating to Cases COMP/39.388 — German
Electricity Wholesale Market and COMP/39.389 — German Electricity Balancing Market

Rapporteur: The Netherlands

(2009/C 36/06)

1. A majority of the members of the Advisory Committee share the Commission's concerns expressed in

the preliminary assessment. A minority abstains.

2. A majority of the members of the Advisory Committee agree with the Commission that the proceedings
can be concluded by means of a decision pursuant to Article 9(1) of Council Regulation (EC) No 1/2003.
A minority abstains and a minority disagrees.

3. A majority of the members of the Advisory Committee agree with the Commission that, in light of the
commitments offered by E.ON AG, there are no longer grounds for action by the Commission, without
prejudice to Article 9(2) of Regulation (EC) No 1/2003. A minority abstains.

4. A majority of the members of the Advisory Committee agree with the Commission that the commit-

ments offered by E.ON AG are proportionate. A minority abstains and a minority disagrees.

5. The members of the Advisory Committee recommend the publication of its Opinion in the Official

Journal of the European Union.

6. The members of the Advisory Committee ask the Commission to take into account all other points

raised during the discussion.
Non-opposition to a notified concentration (Case COMP/M.5358 — Arizona Chemical GMBH/Abieta Chemie GMBH) Text with EEA relevance
Date: 2009-02-13
Institutions: European Commission
Subjects: animal fats, cosmetic product, economic concentration, exchange of information, food emulsifier, merger control, petrochemicals, vegetable fats

13.2.2009

EN

Official Journal of the European Union

C 36/3

Non-opposition to a notified concentration

(Case COMP/M.5265 — Ergo International/Bank Austria Creditanstalt Versicherung)

(Text with EEA relevance)

(2009/C 36/02)

On 18 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 German 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 32008M5265. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.5358 — Arizona Chemical GMBH/Abieta Chemie GMBH)

(Text with EEA relevance)

(2009/C 36/03)

On 16 January 2009, 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 32009M5358. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
2009/141/EC: Commission Decision of 13 February 2009 advancing the date for the payment of the second instalment of the restructuring aid granted for the marketing year 2008/09 under Council Regulation (EC) No 320/2006 (notified under document number C(2009) 798)
Date: 2009-02-13
Institutions: European Commission
Subjects: EU financing arrangements, aid for restructuring, sugar industry

L 48/16

EN

Official Journal of the European Union

19.2.2009

COMMISSION DECISION

of 13 February 2009

advancing the date for the payment of the second instalment of the restructuring aid granted for the
marketing year 2008/09 under Council Regulation (EC) No 320/2006

(notified under document number C(2009) 798)

(2009/141/EC)

machinery contractors which renounced their quota as of
1 October 2008 to the date of the payment of the first
instalment,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 10(4) of Regulation (EC) No
320/2006, Member States may pay 100 % of the restructuring
aid provided for in Article 3 of that Regulation in respect of the
marketing year 2008/09 in one instalment. In such case, the
payment shall be due in June 2009.

Member States shall inform the Commission by 31 March 2009
if they want to make use of the possibility provided for in the
first paragraph.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 February 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 320/2006 of
20 February 2006 establishing a temporary scheme for the
the sugar industry in the Community and
restructuring of
amending Regulation (EC) No 1290/2005 on the financing of
particular
the
common
Article 10(5) thereof,

agricultural

policy (1),

and

in

Whereas:

(1)

(2)

Article 10(5) of Regulation (EC) No 320/2006 allows the
Commission to advance the dates for the payment of the
aids granted under the temporary scheme for the restruc­
turing of the sugar industry established by that Regu­
lation.

Since the necessary financial resources are available in the
restructuring fund referred to in Article 1 of Regulation
(EC) No 320/2006, Member States should be given the
possibility to advance the date for the payment of the
second instalment of the restructuring aid granted in the
marketing year 2008/09 to undertakings, growers and

(1) OJ L 58, 28.2.2006, p. 42.
Non-opposition to a notified concentration (Case COMP/M.5423 — Costa/MSC/MPCT) Text with EEA relevance
Date: 2009-02-13
Institutions: European Commission
Subjects: carriage of passengers, economic concentration, exchange of information, maritime transport, merger control, travel, vessel

C 36/4

EN

Official Journal of the European Union

13.2.2009

Non-opposition to a notified concentration

(Case COMP/M.5423 — Costa/MSC/MPCT)

(Text with EEA relevance)

(2009/C 36/04)

On 6 February 2009, 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 32009M5423. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Corrigendum to the update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 33, 10.2.2009 )
Date: 2009-02-13
Institutions: European Commission
Subjects: Schengen Agreement, Slovakia, Spain, border control, customs document, customs formalities, external border of the EU, foreign national, internal border of the EU

C 36/100

EN

Official Journal of the European Union

13.2.2009

CORRIGENDA

Corrigendum to the update of reference amounts for the crossing of the external borders, as referred to in
Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a
Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

(Official Journal of the European Union C 33 of 10 February 2009)

(2009/C 36/11)

The text of the update of reference amounts for the crossing of the external borders, published in the Official Journal of the
European Union C 33 of 10 February 2009, page 1, should be considered as null and void, the correct version will be
published in OJ C 37 of 14 February 2009.

Corrigendum to the update of the list of border crossing points referred to in Article 2(8) of Regulation (EC)
No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules
governing the movement of persons across borders (Schengen Borders Code)

(Official Journal of the European Union C 33 of 10 February 2009)

(2009/C 36/12)

The text of the update of the list of border crossing points, published in the Official Journal of the European Union C 33 of
10 February 2009, page 3, should be considered as null and void, the correct version will be published in OJ C 37 of
14 February 2009.
Commission Regulation (EC) No 128/2009 of 13 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-02-13
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

14.2.2009

EN

Official Journal of the European Union

L 44/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 128/2009

of 13 February 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 14 February 2009.

Article 2

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

Done at Brussels, 13 February 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 44/2

EN

Official Journal of the European Union

14.2.2009

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

0709 90 80

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
ZZ

EG
IL
MA
TN
TR
ZZ

IL
MA
ZZ

CN
IL
MA
PK
TR
ZZ

EG
MA
TR
ZZ

CA
CL
CN
MK
US
ZZ

AR
CL
CN
US
ZA
ZZ

111,0
68,6
42,1
134,4
97,7
90,8

170,1
134,2
159,7
154,7

83,6
152,3
118,0

164,4
164,4

49,0
50,7
61,6
44,0
55,8
52,2

145,9
89,3
117,6

72,2
91,5
158,6
47,5
64,0
86,8

44,9
55,8
53,7
51,5

90,4
67,8
79,2
32,6
105,4
75,1

118,6
79,6
57,6
116,6
122,3
98,9

(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’.
Corrigendum to the update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 33, 10.2.2009 )
Date: 2009-02-13
Institutions: European Commission
Subjects: Baltic Sea, North Sea, Schengen Agreement, United Kingdom, airport, border control, external border of the EU, foreign national, free movement of persons, identity document

C 36/100

EN

Official Journal of the European Union

13.2.2009

CORRIGENDA

Corrigendum to the update of reference amounts for the crossing of the external borders, as referred to in
Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a
Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

(Official Journal of the European Union C 33 of 10 February 2009)

(2009/C 36/11)

The text of the update of reference amounts for the crossing of the external borders, published in the Official Journal of the
European Union C 33 of 10 February 2009, page 1, should be considered as null and void, the correct version will be
published in OJ C 37 of 14 February 2009.

Corrigendum to the update of the list of border crossing points referred to in Article 2(8) of Regulation (EC)
No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules
governing the movement of persons across borders (Schengen Borders Code)

(Official Journal of the European Union C 33 of 10 February 2009)

(2009/C 36/12)

The text of the update of the list of border crossing points, published in the Official Journal of the European Union C 33 of
10 February 2009, page 3, should be considered as null and void, the correct version will be published in OJ C 37 of
14 February 2009.
Case C-62/09: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 13 February 2009 — Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency
Date: 2009-02-13
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, United Kingdom, interpretation of the law, medicinal product, pharmaceutical industry








C_2009090EN.01001503.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/15





Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 13 February 2009 — Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency
(Case C-62/09)
2009/C 90/24
Language of the case: English

Referring court

High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)

Parties to the main proceedings


Applicant: Association of the British Pharmaceutical Industry

Defendant: Medicines and Healthcare Products Regulatory Agency

Questions referred

Does Article 94(1) of Directive 2001/83/EC (1) preclude a public body forming part of a national public health service, in order to seek to reduce its overall expenditure on medicines, from implementing a scheme which offers financial incentives to medical practices (which may in turn provide a financial benefit to the prescribing doctor) to prescribe a specific named medicine supported by the incentive scheme that is either:






(a)


a different prescription medicine to the medicine previously prescribed by thedoctor to the patient; or










(b)


a different prescription medicine to that which otherwise might have beenprescribed to the patient but for the incentive scheme,




where such a different prescription medicine is from the same therapeutic class of medicines used for treatment of the patient's particular condition.


(1)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use OJ L 311, p. 67
Commission Regulation (EC) No 129/2009 of 13 February 2009 amending Regulation (EC) No 197/2006 as regards the validity of the transitional measures relating to former foodstuffs (Text with EEA relevance)
Date: 2009-02-13
Institutions: European Commission
Subjects: animal nutrition, animal product, foodstuff, health control, public health, waste management

14.2.2009

EN

Official Journal of the European Union

L 44/3

COMMISSION REGULATION (EC) No 129/2009

of 13 February 2009

amending Regulation (EC) No 197/2006 as regards the validity of the transitional measures relating
to former foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1774/2002 of
the
European Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-products not
intended for human consumption (1),
and in particular
Article 32(1) thereof,

Whereas:

(4)

(5)

(1)

(2)

(3)

Regulation (EC) No 1774/2002 introduces a compre­
hensive framework for the collection, use and disposal
of animal by-products.

Commission Regulation (EC) No 197/2006 of 3 February
2006 on transitional measures under Regulation (EC) No
1774/2002
transport,
treatment, use and disposal of former foodstuffs (2) sets
out a number of transitional measures that are due to
expire on 31 July 2009.

collection,

regards

the

as

The Commission has adopted a proposal for the revision
of Regulation (EC) No 1774/2002 (3). That proposal
is
now under consideration by the legislators and the rules
relating to former foodstuffs and the available scientific

evidence related to the risks arising from such animal by-
products will be considered in that context. Therefore, it
is appropriate to extend the period of validity of the
current transitional measure so that until the adoption
of new rules, the current rules relating to former food­
stuffs remain applicable.

In the light of the date proposed by the Commission for
the entry into application of a revised Regulation on
is appropriate to extend the
animal by-products,
period of validity of Regulation (EC) No 197/2006
until 31 July 2011.

it

The measures provided for in this Regulation are in
accordance with
Standing
Committee on the Food Chain and Animal Health,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

In Article 5 of Regulation (EC) No 197/2006, the date ‘31 July
2009’ is replaced by the date ‘31 July 2011’.

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 13 February 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) OJ L 273, 10.10.2002, p. 1.
(2) OJ L 32, 4.2.2006, p. 13.
(3) Document COM(2008) 345 final of 10 June 2008.