do-me/EUR-LEX huggingface dataset:
Crop statistics ***I European Parliament legislative resolution of 19 February 2009 on the proposal for a regulation of the European Parliament and of the Council concerning crop statistics (COM(2008)0210 – C6-0179/2008 – 2008/0079(COD))#P6_TC1-COD(2008)0079 Position of the European Parliament adopted at first reading on 19 February 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council concerning crop statistics and repealing Council regulations (EEC) No 837/90 and (EEC) No 959/93
Date: 2009-02-19
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: agricultural statistics, crop production, land use, permanent crop, regulation of agricultural production, vegetable








CE2010076EN.01010803.xml










25.3.2010   


EN


Official Journal of the European Union


CE 76/108





Thursday 19 February 2009Crop statistics ***I
P6_TA(2009)0070
European Parliament legislative resolution of 19 February 2009 on the proposal for a regulation of the European Parliament and of the Council concerning crop statistics (COM(2008)0210 – C6-0179/2008 – 2008/0079(COD))
2010/C 76 E/22
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0210),
having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0179/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Agriculture and Rural Development (A6-0472/2008),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


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






Thursday 19 February 2009P6_TC1-COD(2008)0079
Position of the European Parliament adopted at first reading on 19 February 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council concerning crop statistics and repealing Council regulations (EEC) No 837/90 and (EEC) No 959/93

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 543/2009.)
Case F-13/09: Action brought on 19 February 2009 — Peláez Jimeno v Parliament
Date: 2009-02-19
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action for annulment (EU), traineeship








C_2009090EN.01004002.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/40





Action brought on 19 February 2009 — Peláez Jimeno v Parliament
(Case F-13/09)
2009/C 90/65
Language of the case: French

Parties


Applicant: Josefina Peláez Jimeno (Relegem — Asse, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the appointing authority’s decision to classify the applicant, as a probationary official, at a grade and step lower than that which she occupied as a member of the temporary staff.

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the appointing authority’s decision of 8 February 2008 by which the applicant was classified in the new ‘AST’ category, grade 1, step 5, as a probationary official, confirmed by the decision rejecting the complaint of the Secretary General of the European Parliament of 12 November 2008;










—


Order the European Parliament to pay the costs.
Commission Regulation (EC) No 141/2009 of 19 February 2009 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-02-19
Institutions: European Commission
Subjects: award of contract, butter, butter oil, export refund

20.2.2009

EN

Official Journal of the European Union

L 49/7

COMMISSION REGULATION (EC) No 141/2009

of 19 February 2009

fixing the maximum export refund for butter in the framework of the standing invitation to tender
provided for in Regulation (EC) No 619/2008

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), and in particular
Article 164(2), in conjunction with Article 4, thereof,

Whereas:

an examination of the tenders submitted in response to
is appropriate to fix a
the invitation to tender,
it
tendering period
maximum export
ending on 17 February 2009.

refund for

the

(3)

The Management Committee for the Common Organis­
ation of Agricultural Markets has not delivered an
opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

(1)

(2)

Commission Regulation (EC) No 619/2008 of 27 June
2008 opening a standing invitation to tender for export
refunds concerning certain milk products (2) provides for
a standing invitation to tender procedure.

Pursuant to Article 6 of Commission Regulation (EC) No
1454/2007 of 10 December 2007 laying down common
rules for establishing a tender procedure for fixing export
refunds for certain agricultural products (3), and following

For the standing invitation to tender opened by Regulation (EC)
No 619/2008, for the tendering period ending on 17 February
2009, the maximum amount of refund for the products and
destinations referred to in Article 1(a) and (b) and in Article 2
respectively of that Regulation shall be as shown in the Annex
to this Regulation.

This Regulation shall enter into force on 20 February 2009.

Article 2

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

Done at Brussels, 19 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 168, 28.6.2008, p. 20.
(3) OJ L 325, 11.12.2007, p. 69.

L 49/8

EN

Official Journal of the European Union

20.2.2009

ANNEX

Product

Export refund Code

(EUR/100 kg)

Maximum amount of export refund for exports
to the destinations referred to in Article 2 of
Regulation (EC) No 619/2008

Butter

Butteroil

ex 0405 10 19 9700

ex 0405 90 10 9000

60,00

73,00
Adoption of a reference document for the purpose of Council Directive 2008/1/EC concerning integrated pollution prevention and control
Date: 2009-02-19
Institutions: European Commission
Subjects: EU environmental policy, access to information, chemical pollution, codification of EU law, environmental protection, environmental standard, industrial policy, pollution control measures, public awareness campaign

C 41/8

EN

Official Journal of the European Union

19.2.2009

Adoption of a reference document for the purpose of Council Directive 2008/1/EC concerning
integrated pollution prevention and control (1)

(2009/C 41/04)

On 3 February 2009, the Commission adopted the complete text of the reference document on best avail-
able techniques for energy efficiency.

This document is available on the Internet site: http://eippcb.jrc.es

(1) OJ L 24, 29.1.2008, p. 8.
Case C-332/08: Order of the President of the Court of 19 February 2009 — Commission of the European Communities v French Republic
Date: 2009-02-19
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, air quality, environmental monitoring, environmental standard, hydrocarbon, metal pollution, national implementing measure








C_2009113EN.01002903.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/29





Order of the President of the Court of 19 February 2009 — Commission of the European Communities v French Republic
(Case C-332/08) (1)

2009/C 113/58

Language of the case: French

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


(1)  OJ C 272, 25.10.2008.
Commission Regulation (EC) No 142/2009 of 19 February 2009 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-02-19
Institutions: European Commission
Subjects: award of contract, export refund, skimmed milk powder

20.2.2009

EN

Official Journal of the European Union

L 49/9

COMMISSION REGULATION (EC) No 142/2009

of 19 February 2009

fixing the maximum export refund for skimmed milk powder in the framework of the standing
invitation to tender provided for in Regulation (EC) No 619/2008

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), and in particular
Article 164(2), in conjunction with Article 4, thereof,

Whereas:

refunds for certain agricultural products (3) and following
an examination of the tenders submitted in response to
is appropriate to fix a
it
the invitation to tender,
maximum export
tendering period
ending on 17 February 2009.

refund for

the

(3)

The Management Committee for the Common Organis­
ation of Agricultural Markets has not delivered an
opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

(1)

(2)

Commission Regulation (EC) No 619/2008 of 27 June
2008 opening a standing invitation to tender for export
refunds concerning certain milk products (2) provides for
a standing invitation to tender procedure.

For the standing invitation to tender opened by Regulation (EC)
No 619/2008, for the tendering period ending on 17 February
2009, the maximum amount of refund for the products and
destinations referred to in Article 1(c) and in Article 2 of that
Regulation shall be EUR 21,98/100 kg.

Pursuant to Article 6 of Commission Regulation (EC) No
1454/2007 of 10 December 2007 laying down common
rules for establishing a tender procedure for fixing export

This Regulation shall enter into force on 20 February 2009.

Article 2

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

Done at Brussels, 19 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 168, 28.6.2008, p. 20.

(3) OJ L 325, 11.12.2007, p. 69.
Case T-70/09: Action brought on 19 February 2009 — Netherlands v Commission
Date: 2009-02-19
Institutions: Court of First Instance
Subjects: EU programme, European Commission, Netherlands, action for failure to fulfil an obligation, case-law, infringement of EU law, public contract








C_2009090EN.01003401.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/34





Action brought on 19 February 2009 — Netherlands v Commission
(Case T-70/09)
2009/C 90/52
Language of the case: Dutch

Parties


Applicant: Kingdom of the Netherlands (represented by: C. Wissels and M. Noort, Agents)

Defendant: Commission of the European Communities

Form of order sought







—


annul in part Commission Decision C(2008) 8355 of 11 December 2008 on the reduction of the aid from the European Regional Development Fund within the framework of the single programming document for the Groningen-Drenthe region coming under objective 2 — no 97.07.13.003 — granted in accordance with Commission Decision C(1997) 1362 of 26 May 1997, in so far as the former decision relates to the 2% flat-rate adjustment to the budget in the amount of EUR 1 139 346,24 which was applied and the expenditure amounting in total to NLG 1 160 456 which it was declared could not be subsidised; and










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of its application the Netherlands first alleges infringement of the principle of legal certainty in that obligations are imposed on a Member State on the basis of case-law of the Court of Justice which post-dates the imposition of those obligations and which at that moment were not clear, precise and foreseeable for the Member State concerned.
In the alternative, the Netherlands alleges infringement of the principle that reasons must be given by virtue of the fact that no more detailed grounds were provided as to the nature of the cross-border interest of the project in question, that project having in the interim been approved and the value of which fell below the thresholds laid down in the public procurement directives.
In conclusion, the Netherlands alleges a breach of Article 211 EC by reason of the fact that the Commission applied a flat-rate reduction of 2% on the ground of the alleged failure to comply with the national conditions governing the project, even though the Commission has power only in respect of compliance with the Community conditions.
Euro exchange rates
Date: 2009-02-19
Institutions: European Commission
Subjects: euro, exchange rate

19.2.2009

EN

Official Journal of the European Union

C 41/7

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

18 February 2009

(2009/C 41/03)

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

1,2596

AUD Australian dollar

116,83

7,4513

0,8846

11,1088

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9726

1,5882

9,768

2,4691

1,9263

1,4792

KRW South Korean won

1 865,69

8,86

1,9558

28,847

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

302,72

3,4528

0,7073

4,7865

4,282

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

2,1338

INR

Indian rupee

12,8353

8,6131

7,4323

15 178,18

4,607

60,11

45,3942

44,546

2,933

18,4342

62,577

(1) Source: reference exchange rate published by the ECB.
Council Decision of 19 February 2009 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2009-02-19
Institutions: Council of the European Union
Subjects: Cedefop, Spain, appointment of members

21.2.2009

EN

Official Journal of the European Union

C 43/5

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COUNCIL

COUNCIL DECISION

of 19 February 2009

appointing and replacing members of the Governing Board of the European Centre for the
Development of Vocational Training

(2009/C 43/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of
10 February 1975 establishing the European Centre for the
Development of Vocational Training, and in particular Article 4
thereof (1),

Having regard to the nominations submitted by the Spanish
Government,

Whereas:

(1)

(2)

(3)

By its Decision of 18 September 2006 (2), the Council
appointed the members of the Governing Board of the
the Development of Vocational
European Centre for
Training for the period from 18 September 2006 to
17 September 2009.

A member's seat on the Governing Board of the Centre
representatives has
in the category of Government
become vacant as a result of the resignation of Ms María
José GARIJO EQUIZA,

The Spanish member of
the Governing Board of
aforementioned Centre should be appointed for

the
the

remainder of the current term of office, which expires on
17 September 2009,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the
Governing Board of the European Centre for the Development
of Vocational Training for the remainder of the term of office,
which runs until 17 September 2009:

GOVERNMENT REPRESENTATIVES

SPAIN: Mr Francisco Javier ALFAYA HURTADO

Done at Brussels, 19 February 2009.

For the Council

The President

Martin ŘÍMAN

(1) OJ L 39, 13.2.1975, p. 1.
(2) OJ C 240, 5.10.2006, p. 1.
Case C-92/08: Order of the President of the Court of 19 February 2009 — Commission of the European Communities v Kingdom of Belgium
Date: 2009-02-19
Institutions: Court of Justice
Subjects: Belgium, EU institution, European Commission, action for failure to fulfil an obligation, legal status, worker participation








C_2009113EN.01002803.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/28





Order of the President of the Court of 19 February 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-92/08) (1)

2009/C 113/53

Language of the case: French

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


(1)  OJ C 116, 9.5.2008.
Case C-62/08: Order of the Court (Second Chamber) of 19 February 2009 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — UDV North America Inc v Brandtraders NV (Article 104(3), second subparagraph, of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 9(1)(a) and (2)(d) — Right of the proprietor of a registered mark to prevent the use by a third party of a sign which is identical to the mark — Concept of use — Use of a sign which is identical to the mark by a trade intermediary in its business papers — Intermediary acting in its own name but on behalf of a vendor)
Date: 2009-02-19
Institutions: Court of Justice
Subjects: Belgium, EU trade mark, interpretation of the law, sale, trade intermediary, trade-mark law








C_2009113EN.01001601.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/16





Order of the Court (Second Chamber) of 19 February 2009 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — UDV North America Inc v Brandtraders NV
(Case C-62/08) (1)

(Article 104(3), second subparagraph, of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 9(1)(a) and (2)(d) - Right of the proprietor of a registered mark to prevent the use by a third party of a sign which is identical to the mark - Concept of ‘use’ - Use of a sign which is identical to the mark by a trade intermediary in its business papers - Intermediary acting in its own name but on behalf of a vendor)
2009/C 113/31
Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings


Applicant: UDV North America Inc

Defendant: Brandtraders NV

Re:

Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 9(1) and 2(d) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Right of the proprietor of a mark to oppose its use by a third party — Concept of use of the mark.

Operative part of the order

The concept of ‘use’ for the purpose of Article 9(1)(a) and (2)(d) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark covers a situation, such as that at issue in the main proceedings, in which a trade intermediary, which is acting in its own name but on behalf of the vendor and is thus not an interested party in relation to trade in goods in which it is itself a contractual party, uses, in its business papers, a sign which is identical with a Community trade mark in relation to goods or services which are identical with those for which the mark is registered.


(1)  OJ C 107, 26.4.2008.
Prior notification of a concentration (Case COMP/M.5456 — AIP/BBEIF/BBI Europe/Euroports) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-02-19
Institutions: European Commission
Subjects: building industry, economic concentration, energy industry, environmental economics, exchange of information, freight rate, handling, harbour installation, investment, merger control

19.2.2009

EN

Official Journal of the European Union

C 41/33

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5456 — AIP/BBEIF/BBI Europe/Euroports)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 41/11)

1.
On 12 February 2009, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings by which the undertak-
ings Antin Infrastructure Partners FCPR (‘Antin IP’, France), an investment fund sponsored by BNP Paribas SA
(‘BNP’, France), BBEIF LH Sub 06 S.à.r.l. (‘BBEIF 6’, Luxembourg), and BBI Europe Holdings (Malta II) Limited
(‘BBI Europe’, Luxembourg), both belonging to Babcock & Brown Limited (‘B&B’, Australia) acquire within
the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking BBI Europe
Holdings (Lux) S.à.r.l. (‘Euroports’, Luxembourg), currently controlled by BBI Europe by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— for Antin IP: investment into the energy, environment, transport, telecommunications and social sectors,

— for BBEIF 6 and BBI Europe: investment into infrastructure assets,

— for Euroports: operation of ports, cargo handling and related services.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.5456 — AIP/BBEIF/BBI Europe/Euroports, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.