do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 157/2009 of 25 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-02-25
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

26.2.2009

EN

Official Journal of the European Union

L 53/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 157/2009

of 25 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 26 February 2009.

Article 2

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

Done at Brussels, 25 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 53/2

EN

Official Journal of the European Union

26.2.2009

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)

MA
SN
TN
TR
ZZ

MA
MK
TR
ZZ

MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

IL
MA
TR
ZZ

IL
JM
MA
PK
TR
ZZ

MA
TR
ZZ

CA
CL
CN
MK
US
ZZ

AR
CL
CN
US
ZA
ZZ

50,9
127,1
101,1
82,8
90,5

102,4
143,3
171,9
139,2

59,9
131,6
95,8

88,5
88,5

45,1
49,0
49,7
52,8
65,6
52,4

141,5
94,9
71,0
102,5

101,5
95,1
72,9
48,7
65,3
76,7

53,4
59,1
56,3

89,6
67,7
72,7
25,7
113,4
73,8

85,3
73,7
46,2
96,7
96,8
79,7

(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’.
Prior notification of a concentration (Case COMP/M.5468 — GDF Suez/GEK) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-02-25
Institutions: European Commission
Subjects: economic concentration, electricity supply, energy production, energy storage, exchange of information, gas supply, merger control, property market, waste management, water management

C 46/30

EN

Official Journal of the European Union

25.2.2009

Prior notification of a concentration

(Case COMP/M.5468 — GDF Suez/GEK)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 46/10)

1.
On 17 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 Electrabel International Holdings BV, a
wholly-owned indirect subsidiary of GDF SUEZ SA (France), and GEK SA (Greece) will acquire within the
meaning of Article 3(1)(b) of the Council Regulation joint control by way of purchase of shares over Heron
Thermoelectric SA and Heron II Viotia Thermoelectric Station SA, two companies incorporated under the
laws of Greece and both currently fully-owned by the GEK Group.

2.

The business activities of the undertakings concerned are:

— for GDF SUEZ SA: generation, transport, storage, distribution and retail supply of natural gas and

generation and retail of electricity; waste management; water related-services,

— for GEK SA: construction, industry, concessions, real estate and energy.

On preliminary examination, the Commission finds that the notified transaction could fall within the
3.
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.5468 — GDF Suez/GEK, 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.
Euro exchange rates
Date: 2009-02-25
Institutions: European Commission
Subjects: euro, exchange rate

C 46/10

EN

Official Journal of the European Union

25.2.2009

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

24 February 2009

(2009/C 46/04)

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

1,2763

AUD Australian dollar

122,40

7,4498

0,87970

11,3423

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9797

1,5996

9,8956

2,5072

1,9508

1,4805

KRW South Korean won

1 933,19

8,7350

1,9558

28,363

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

299,05

3,4528

0,7071

4,6830

4,2725

2,1675

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,8660

8,7264

7,5050

15 315,60

4,6770

61,450

45,9195

45,565

3,0558

19,0488

63,7100

(1) Source: reference exchange rate published by the ECB.
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-02-25
Institutions: European Commission
Subjects: EU office or agency, Italy, air transport, airline, inland transport, public service

25.2.2009

EN

Official Journal of the European Union

C 46/27

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the
European Parliament and of the Council on common rules for the operation of air services in the
Community

Public service obligations in respect of scheduled air services

Member State

Concerned route

Date of entry into force of the public
service obligations

Address where the text and any rele-
vant information and/or documenta-
tion related to the public service obli-
gation can be obtained

(Text with EEA relevance)

(2009/C 46/07)

Italy

Elba Marina di Campo-Firenze and vice versa and Elba Marina di Campo-Pisa and
vice versa

180 days after the publication of this notice

Ente nazionale per l'aviazione civile (ENAC)
Direzione centrale regolazione economica
Direzione trasporto aero
Viale del Castro Pretorio, 118
I-00185 Roma
www.enac-italia.it
E-mail: trasporto.aereo@enac.rupa.it
Case T-87/09: Action brought on 25 February 2009 — Gråhundbus v/Jørgen Andersen v Commission
Date: 2009-02-25
Institutions: Court of First Instance
Subjects: European Commission, action for failure to fulfil an obligation, bus, carriage of passengers, disclosure of information, public service, public transport, road transport, services of general interest








C_2009113EN.01003802.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/38





Action brought on 25 February 2009 — Gråhundbus v/Jørgen Andersen v Commission
(Case T-87/09)
2009/C 113/77
Language of the case: English

Parties


Applicant: Gråhundbus v/Jørgen Andersen (Ballerup, Denmark) (represented by: M. Nissen, J. Rivas de Andrés, J. Gutiérrez Gisbert, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


annul the definitive position of the Commission concerning the Copenhagen-Ystad route contained in paragraphes 75, 76 and 145 of the Decision of the Commission dated 10 September 2008 with regard to State Aid case C 41/08 (NN 35/08) — Danske Statsbaner;










—


in the alternative, annul the decision of the Commission dated 10 September 2008 with regard to State Aid case C 41/08 (NN 35/08) — Danske Statsbaner;










—


order that the Commission pay the cost incurred by the applicant.





Pleas in law and main arguments

The applicant seeks the annulment of Commission decision of 10 September 2008 to initiate the procedure provided for in Article 88(2) EC in respect of the State aid allegedly granted by Denmark to Danske Statsbaner (‘DSB’) for rail passenger transport between Copenhagen and Ystad through the public service contracts between Danish Ministry of Transport and the public enterprise DSB (Case C 41/08 (NN 35/08) — Danske Statsbaner). Interested parties were invited to submit their comments (1).
The applicant operates bus passenger transport on the route Copenhagen-Ystad.
In support of its application, the applicant puts forward three pleas in law.
First, it claims that the Commission erred in law when deciding that the Danish government did not incur in a manifest error of appreciation when considering that the Copenhagen-Ystad route constituted a public service or service of general economic interest.
Second, the applicant submits that the Commission erred in law when it did not raise doubts with regard to the qualification of the Copenhagen-Ystad route as public service obligation or a service of general economic interest or a public service in view of the information in its possession. It argues that the Commission should not have accepted the arguments submitted by the Danish government without further debate or examination.
Third, the applicant contends that the Commission failed to provide adequate reasoning to its decision in violation of its obligation under Article 253 EC as the only reasoning provided in the decision consists in repeating the arguments of the Danish government.


(1)  OJ 2008 C 309, p. 14
Prior notification of a concentration (Case COMP/M.5470 — Gilde/Plukon) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-02-25
Institutions: European Commission
Subjects: company with share capital, economic concentration, exchange of information, food processing, investment, merger control, poultry, poultrymeat

25.2.2009

EN

Official Journal of the European Union

C 46/29

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5470 — Gilde/Plukon)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 46/09)

1.
On 18 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 undertaking Gilde Buy Out Fund III
(‘Gilde’, Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the
whole of the undertaking Plukon Royale B.V. (‘Plukon’, Netherlands) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Gilde: private equity investments,

— for Plukon: slaughtering of broilers and processing of poultry meat.

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.5470 — Gilde/Plukon, 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.
2009/176/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 25 February 2009 appointing Judges and Advocates-General to the Court of Justice of the European Communities
Date: 2009-02-25
Institutions: Representatives of the Governments of the Member States
Subjects: appointment of members, member of the Court of Justice (EU)

7.3.2009

EN

Official Journal of the European Union

L 63/13

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

II

DECISIONS

CONFERENCE OF THE REPRESENTATIVES
OF THE GOVERNMENTS OF THE MEMBER STATES

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

of 25 February 2009

appointing Judges and Advocates-General to the Court of Justice of the European Communities

(2009/176/EC, Euratom)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
STATES OF THE EUROPEAN UNION,

HAVE DECIDED AS FOLLOWS:

Having regard to the Treaty
Community, and in particular Article 223 thereof,

establishing the European

The following are hereby appointed Judges to the Court of
the European Communities for the period from

1.
Justice of
7 October 2009 to 6 October 2015:

Article 1

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 139 thereof,

Whereas:

(1)

SILVA DE

LAPUERTA, Messrs

The terms of office of Messrs Vassilios SKOURIS, Allan
ROSAS, Koen LENAERTS, Uno LÕHMUS, Lars BAY LARSEN,
Jerzy
Ms Rosario
MAKARCZYK, Endre JUHÁSZ, Marko ILEŠIČ, Ján KLUČKA,
Jean-
Aindrias Ó CAOIMH, Ms Camelia TOADER, Mr
Jacques KASEL, Judges, and those of Messrs Luís Miguel
MADURO,
RUIZ-
POIARES
and
JARABO
Ms Eleanor
the
Court of Justice of the European Communities, expire
on 6 October 2009.

SHARPSTON, Advocates-General of

COLOMER, Ms

Dámaso

KOKOTT

Juliane

PESSOA

Mr Lars BAY LARSEN

Mr Aindrias Ó CAOIMH

Mr Endre JUHÁSZ

Mr Jean-Jacques KASEL

Mr Koen LENAERTS

Mr Uno LÕHMUS

Mr Allan ROSAS

Mr Marek SAFJAN

(2)

A partial replacement of the members of the Court of
Justice of the European Communities should take place
for the period from 7 October 2009 to 6 October 2015.
However, in the absence of a proposal, the appointment
of two judges cannot take place until a later date,

Mr Vassilios SKOURIS

Mr Daniel ŠVÁBY.

Ms Rosario SILVA DE LAPUERTA

L 63/14

EN

Official Journal of the European Union

7.3.2009

The following are hereby appointed Advocates-General to the Court of

2.
Communities for the period from 7 October 2009 to 6 October 2015:

Justice of the European

Mr Niilo JÄÄSKINEN

Ms Juliane KOKOTT

Mr Dámaso RUIZ-JARABO COLOMER

Ms Eleanor SHARPSTON.

This Decision shall be published in the Official Journal of the European Union.

Article 2

Done at Brussels, 25 February 2009.

The President

M. VICENOVÁ
Case C-83/09 P: Appeal brought on 25 February 2009 by the Commission of the European Communities against the judgment delivered by the Court of First Instance (Seventh Chamber) on 10 December 2008 in Case T-388/02 Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG v Commission of the European Communities, supported by Zellstoff Stendal GmbH, Federal Republic of Germany and Land Sachsen-Anhalt
Date: 2009-02-25
Institutions: Court of Justice
Subjects: European Commission, Germany, aid system, appeal, regional aid, wood industry








C_2009102EN.01001501.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/15





Appeal brought on 25 February 2009 by the Commission of the European Communities against the judgment delivered by the Court of First Instance (Seventh Chamber) on 10 December 2008 in Case T-388/02 Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG v Commission of the European Communities, supported by Zellstoff Stendal GmbH, Federal Republic of Germany and Land Sachsen-Anhalt
(Case C-83/09 P)
2009/C 102/25
Language of the case: German

Parties


Appellant: Commission of the European Communities (represented by: K. Gross and V. Kreuschitz, Agents)

Other parties to the proceedings: Kronoply GmbH & Co. KG, Kronotex GmbH & Co. KG, Zellstoff Stendal GmbH, Federal Republic of Germany and Land Sachsen-Anhalt

Form of order sought







—


Set aside the judgment under appeal in so far as it declares admissible the action for annulment brought by Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG against the Commission’s decision of 19 June 2002 to raise no objections to aid granted by Germany in favour of Zellstoff Stendal GmbH for the construction of a production plant for pulp;










—


dismiss as inadmissible the action for annulment brought by Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG against the contested act;










—


order Kronoply GmbH & Co. KG and Kronotex GmbH & Co. KG to pay the costs.





Pleas in law and main arguments

In the Commission’s view, the establishment of a right of action against decisions on aid in favour of parties concerned within the meaning of Article 88(2) EC infringes the requirements laid down in the fourth paragraph of Article 230 EC as to the admissibility of actions. Parties concerned who are not parties to the aid procedure do not have their own party rights, enforceable by bringing proceedings. Instead, individual concern is to be determined on the basis of the Court’s Plaumann formula. Individual concern can, therefore, arise only by virtue of the economic impact of the aid on the applicant.
In addition, the judgment under appeal includes an inadmissible reinterpretation of the forms of order sought. In the Commission’s opinion, the Court examined arguments put forward by the applicant which were not put forward in regard to the protection of the applicant’s alleged procedural rights, even though the action was admissible only for the purposes of protecting the alleged procedural rights.
The judgment under appeal would ultimately lead to the introduction of a popular action against State aid law decisions which is extraneous to Community law.
Case T-78/09 P: Appeal brought on 25 February 2009 by the European Parliament against the judgment of the Civil Service Tribunal delivered on 11 December 2008 in Case F-148/06, Collée v Parliament
Date: 2009-02-25
Institutions: Court of First Instance
Subjects: European Parliament, European official, action by staff, appeal, promotion, staff assessment








C_2009102EN.01002801.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/28





Appeal brought on 25 February 2009 by the European Parliament against the judgment of the Civil Service Tribunal delivered on 11 December 2008 in Case F-148/06, Collée v Parliament
(Case T-78/09 P)
2009/C 102/42
Language of the case: French

Parties


Appellant: European Parliament (represented by C. Burgos and A. Lukošiūtė, acting as Agents)

Other party to the proceedings: Laurent Collée (Luxembourg, Luxembourg)

Form of order sought by the appellant







—


annul in its entirety the judgment of the Civil Service Tribunal under appeal;










—


give final judgment in the matter by dismissing the action brought by Mr Collée as unfounded;










—


make an appropriate order as to costs.





Pleas in law and main arguments

By this appeal, the Parliament seeks the annulment of the judgment of the Civil Service Tribunal (the Tribunal) of 11 December 2008 in Case F-148/06 Collée v Parliament, by which the Tribunal annulled the Parliament’s decision to award two merit points to Mr Collée under the 2004 promotion procedure.
In support of its appeal, the Parliament relies on four grounds of appeal alleging:






—


a distortion of the facts and of the evidence, as the Tribunal stated that Mr Collée had not received a third merit point on the sole ground that his merits were not superior to those of officials who had obtained three points, although the comparative examination carried out with a view to responding to Mr Collée’s administrative complaint stated that his staff report was not of a level equivalent to that of officials who had obtained three points;










—


failure to state reasons, on the ground that the Tribunal did not explain why it departed from earlier case-law, and contradictory reasoning, first, in paragraphs 42 and 46 as against paragraph 18 of the judgment under appeal and, secondly, in paragraphs 43 and 46 as against paragraphs 44 and 45 of that judgment;










—


infringement of Article 45 of the Staff Regulations of Officials of the European Communities and of the case-law relating thereto, in so far as the requirement of superiority of merits applied by the Parliament for the award of a third point is not inconsistent with Article 45 of the Staff Regulations; thus an official must be superior in the decreasing order of merit, to the last official who received three points;










—


infringement of the principle of equal treatment as the Tribunal stated that the Parliament had infringed that principle although Mr Collée was not in a situation comparable to that of officials who had received three merit points.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance)
Date: 2009-02-25
Institutions: European Commission
Subjects: Italy, State aid, air transport, control of State aid, exchange of information

C 46/6

EN

Official Journal of the European Union

25.2.2009

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2009/C 46/02)

Date of adoption of the decision

12.11.2008

Reference number of the aid

N 510/08

Member State

Region

Italy

—

Title (and/or name of the beneficiary) Vendita dei beni della compagnia aerea Alitalia

Legal basis

Decreto legislativo 8 luglio 1999, n. 270, pubblicato nella Gazzetta ufficiale
n. 185 del 9 agosto 1999, come modificato

Type of measure

Non-aid

Objective

Form of aid

Budget

Intensity

Duration

—

—

—

—

—

Economic sectors

Aviation

Name and address of
authority

the granting

—

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be
found at:

http://ec.europa.eu/community_law/state_aids/