do-me/EUR-LEX huggingface dataset:
Case C-329/08: Order of the President of the Court of 6 March 2009 — Commission of the European Communities v Kingdom of Belgium
Date: 2009-03-06
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, environmental liability, environmental protection, national implementing measure, polluter pays principle, pollution control measures, prevention of pollution








C_2009113EN.01002902.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/29





Order of the President of the Court of 6 March 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-329/08) (1)

2009/C 113/57

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.
Case C-94/09: Action brought on 6 March 2009 — Commission of the European Communities v French Republic
Date: 2009-03-06
Institutions: Court of Justice
Subjects: France, action for failure to fulfil an obligation, assessment of prices, death, social life, tax system








C_2009113EN.01002501.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/25





Action brought on 6 March 2009 — Commission of the European Communities v French Republic
(Case C-94/09)
2009/C 113/47
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: M. Alfonso, Agent)

Defendant: French Republic

Form of order sought







—


Declare that, by not applying a single rate of VAT to all services provided by funeral directors, or to related supplies of goods, the French Republic has failed to fulfil its obligations under Articles 96 to 99(1) of the VAT Directive (1);










—


Order the French Republic to pay the costs.





Pleas in law and main arguments

By its action, the Commission claims that French tax legislation distorts the functioning of the VAT system to the extent that it applies two VAT rates to services and goods supplied by funeral directors to the families of deceased persons whereas they constitute, in practice, a single complex transaction which should be subject to a single rate of tax.
The applicant complains in particular about the unjustified splitting off by the defendant of the service involving the transportation of the body by a vehicle designed especially for that purpose, for which a reduced VAT rate is applicable, from the other services carried out by funeral directors, such as the use of persons to move the body or the supply of a coffin, which, for their part, are subject to the normal rate of VAT. According to settled case-law, a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system. In the circumstances, the vast majority of families requesting the undertaking to organise funerals would moreover consider the activities in question as forming the same single supply.
The Commission also contests the defendant’s choice to apply variable reduced rates to the services provided by funeral directors. Article 98(1) of the VAT Directive does not allow a reduced rate to be applied to certain transportation services and a normal rate to other services carried out by the undertakings in question, since that is bound to make the actual rate of tax lower than the normal rate applicable in France. In addition, the level of that reduced tax varies from transaction to transaction according to the relative extent, in each case, of the services provided at a reduced rate, which is also prohibited by the directive.


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case F-19/09: Action brought on 6 March 2009 — Lopez Sanchez v Council
Date: 2009-03-06
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, European official, action for annulment (EU), promotion








C_2009113EN.01004603.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/46





Action brought on 6 March 2009 — Lopez Sanchez v Council
(Case F-19/09)
2009/C 113/97
Language of the case: French

Parties


Applicant: Carolina Lopez Sanchez (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to grade AST 3 in the 2008 promotion procedure and, so far as necessary, of the decisions to promote less deserving officials to that grade.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of the appointing authority not to promote the applicant to grade AST 3 in the 2008 promotion procedure and, so far as necessary, the decisions to promote less deserving officials to that grade;










—


order the Council of the European Union to pay the costs.
Case T-165/07: Order of the Court of First Instance of 6 March 2009 — Red Bull v OHIM — Grupo Osborne (TORO)
Date: 2009-03-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), beer, beverage, leisure, service, trade-mark law








C_2009090EN.01003803.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/38





Order of the Court of First Instance of 6 March 2009 — Red Bull v OHIM — Grupo Osborne (TORO)
(Case T-165/07) (1)

2009/C 90/60

Language of the case: English

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


(1)  OJ C 155, 7.7.2007.
Case C-91/09: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 March 2009 — Eis.de GmbH v BBY Vertriebsgesellschaft mbH
Date: 2009-03-06
Institutions: Court of Justice
Subjects: EU trade mark, advertising, document indexing, interpretation of the law, search engine








C_2009129EN.01000401.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/4





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 March 2009 — Eis.de GmbH v BBY Vertriebsgesellschaft mbH
(Case C-91/09)
2009/C 129/06
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Eis.de GmbH

Defendant: BBY Vertriebsgesellschaft mbH

Question referred

Is there use for the purposes of Article 5(1)(a) of Directive 89/104/EEC (1) where a third party provides as a keyword to a search engine operator a sign which is identical with a trade mark, without the consent of the proprietor of that trade mark, so that, on inputting the sign identical with the trade mark as a search term into the search engine, an electronic promotional link to the third party’s website advertising identical goods or services appears in an advertising block set apart from the list of search results, that link is marked as a sponsored link and the advertisement itself does not comprise the sign nor contain any reference to the trade mark proprietor or to the products it is offering for sale?


(1)  First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40 of 11.2.1989, p. 1).
Euro exchange rates
Date: 2009-03-06
Institutions: European Commission
Subjects: euro, exchange rate

6.3.2009

EN

Official Journal of the European Union

C 53/7

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

5 March 2009

(2009/C 53/03)

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

1,2555

AUD Australian dollar

124,71

7,4506

0,89030

11,4825

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9573

1,6139

9,7405

2,5065

1,9531

1,4765

KRW South Korean won

1 963,60

8,9060

1,9558

27,744

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

311,63

3,4528

0,7071

4,7225

4,2793

2,2080

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

13,2079

8,5885

7,4211

15 222,94

4,6799

60,920

45,0615

45,468

2,9954

19,1903

64,9970

(1) Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5152 — Posten AB/Post Danmark A/S) Text with EEA relevance
Date: 2009-03-06
Institutions: European Commission
Subjects: economic concentration, exchange of information, logistics, merger control, postal service, provision of services

C 53/26

EN

Official Journal of the European Union

6.3.2009

Prior notification of a concentration

(Case COMP/M.5152 — Posten AB/Post Danmark A/S)

(Text with EEA relevance)

(2009/C 53/09)

On 26 February 2009,

1.
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 Posten AB
(‘Posten’, Sweden), controlled by the Kingdom of Sweden, enters into a full merger within the meaning of
the Council Regulation with the undertaking Post Danmark A/S (‘Post Danmark’,
Article 3(1)(a) of
Denmark), controlled by the Kingdom of Denmark, by way of share swap.

2.

The business activities of the undertakings concerned are:

— for Posten: postal services (mail and parcels) and related services as well as information logistics,

— for Post Danmark: postal services (mail and parcels) and related services.

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.

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.5152 — Posten AB/Post Danmark A/S, 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.
Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Request from a contracting entity
Date: 2009-03-06
Institutions: European Commission
Subjects: Netherlands, award of contract, competition law, energy distribution, extraction of oil, petroleum product, postal service, transport company, water supply

6.3.2009

EN

Official Journal of the European Union

C 53/27

OTHER ACTS

COMMISSION

Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC

Request from a contracting entity

(2009/C 53/10)

On 26 February 2009,
to Article 30(5) of Directive
2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procure-
ment procedures of entities operating in the water, energy, transport and postal services sectors (1). The first
working day following receipt of the request is 27 February 2009.

the Commission received a request pursuant

The request from the Nederlandse Aardolie Maatschappij B.V. concerns exploration for, or extraction of, oil
and gas in the Netherlands. The abovementioned Article 30 provides that Directive 2004/17/EC is not
applicable when the activity in question is directly exposed to competition in markets to which access is not
restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without
prejudice to the application of competition rules.

The Commission is allowed a period of three months to take a decision on this request, commencing on the
working day referred to above. The period therefore expires on 27 May 2009.

This period may be extended by three months. Any such extension must be published.

In accordance with the second subparagraph of Article 30(6), further requests concerning exploration for, or
extraction of, oil and gas in the Netherlands submitted before the expiry of the period opened in respect of
this request shall not be considered as new procedures and shall be treated in the context of this request.

(1) OJ L 134, 30.4.2004, p. 1.
Prior notification of a concentration (Case COMP/M.5486 — Vodafone/Hutchison Whampoa/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-03-06
Institutions: European Commission
Subjects: communications industry, economic concentration, energy distribution, exchange of information, investment, merger control, property market, telephone

6.3.2009

EN

Official Journal of the European Union

C 53/25

Prior notification of a concentration

(Case COMP/M.5486 — Vodafone/Hutchison Whampoa/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 53/08)

1.
On 26 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 Vodafone Australia
Limited (‘VAL’, Australia) belonging to the group Vodafone Group Plc (‘Vodafone’, UK) enters into a full
merger within the meaning of Article 3(1)(a) of the Council Regulation with the undertaking Hutchison 3G
Australia Limited (‘H3GA’, Australia) belonging to the group Hutchison Whampoa Limited (‘HWL’,
Hong Kong). The new entity (the ‘JV’, Australia) will be jointly controlled by Vodafone and HWL

2.

The business activities of the undertakings concerned are:

— for Vodafone: provision of mobile and fixed voice and data communications services globally,

— for HWL: telecommunications; ports and related services; retail; property and hotels; energy, infrastruc-

ture, finance and investments and others, throughout the world,

— for JV: 2G and 3G mobile network operator, providing mobile voice and data services in Australia.

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.5486 — Vodafone/Hutchison Whampoa/JV, 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.
Case C-496/07: Order of the President of the Seventh Chamber of the Court of 6 March 2009 — Commission of the European Communities v Czech Republic
Date: 2009-03-06
Institutions: Court of Justice
Subjects: Czechia, European Commission, action for failure to fulfil an obligation, crew, foreign national, free movement of workers, job access, ordinance, ship's flag








C_2009180EN.01003601.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/36





Order of the President of the Seventh Chamber of the Court of 6 March 2009 — Commission of the European Communities v Czech Republic
(Case C-496/07) (1)

2009/C 180/62

Language of the case: Czech

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


(1)  OJ C 37, 9.2.2008.
Commission Regulation (EC) No 180/2009 of 6 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-03-06
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, export price, fruit vegetable, pip fruit

7.3.2009

EN

Official Journal of the European Union

L 63/3

COMMISSION REGULATION (EC) No 180/2009

of 6 March 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 7 March 2009.

Article 2

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

Done at Brussels, 6 March 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 63/4

EN

Official Journal of the European Union

7.3.2009

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 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
MK
TR
ZZ

JO
MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

EG
MA
TR
ZZ

AR
CA
CL
CN
MK
NZ
US
ZZ

AR
CL
CN
US
ZA
ZZ

148,7
82,9
73,7
134,4
92,7
106,5

166,9
78,7
133,4
148,4
131,9

249,0
55,9
118,2
141,0

96,9
96,9

45,5
58,0
47,2
55,4
62,9
53,8

49,6
61,0
50,0
53,5

106,6
100,4
104,8
69,4
24,2
95,4
124,0
89,3

77,8
115,4
65,0
111,8
107,3
95,5

(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 C-98/09: Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 6 March 2009 — Francesca Sorge v Poste Italiane SpA
Date: 2009-03-06
Institutions: Court of Justice
Subjects: EU law, Italy, interpretation of the law, legal working time, working conditions








C_2009129EN.01000601.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/6





Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 6 March 2009 — Francesca Sorge v Poste Italiane SpA
(Case C-98/09)
2009/C 129/09
Language of the case: Italian

Referring court

Tribunale di Trani

Parties to the main proceedings


Applicant: Francesca Sorge

Defendant: Poste Italiane SpA

Questions referred







1.


Must Clause 8 of the Framework Agreement put into effect by Directive 1990/70/EEC (1) be interpreted as precluding domestic rules (such as those laid down by Articles 11 and 1 of Legislative Decree No 368/2001) which, in implementation of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, repealed Article 1(2)(b) of Law 230/1962, according to which it was ‘permitted to impose a time-limit on the duration of the contract … when the recruitment’ took ‘place in order to replace absent workers’ who ‘retained the right to their post, provided that in the fixed-term contract’‘an indication was given of the name of the replaced worker and the reasons for his replacement’, substituting for it a provision which no longer imposes that obligation to give details?










2.


If the answer to the foregoing question is yes, is the national court required to disapply the national legislation that conflicts with Community law?






(1)  OJ 1999 L 175, p. 43.