do-me/EUR-LEX huggingface dataset:
Notice concerning the entry into force of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2009-03-10
Institutions: Council of the European Union
Subjects: Bulgaria, Croatia, European Community, Romania, accession to the European Union, association agreement (EU), interim agreement (EU), protocol to an agreement

L 64/48

EN

Official Journal of the European Union

10.3.2009

RECOMMENDATIONS

COUNCIL

Notice concerning the entry into force of the Protocol to the Stabilisation and Association
Agreement between the European Communities and their Member States, of the one part, and
the Republic of Croatia, of the other part, to take account of the accession of the Republic of
Bulgaria and Romania to the European Union

The Protocol to the Stabilisation and Association Agreement between the European Communities and their
Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the
accession of the Republic of Bulgaria and Romania to the European Union (1), which the Council and the
Commission decided to conclude on 16 February 2009 (2), entered into force on 1 March 2009, with the
last notification of completion of procedures under Articles 12 and 13 of that Protocol having been
received on 16 February 2009.

(1) OJ L 286, 29.10.2008, p. 46.
(2) OJ L 51, 24.2.2009, p. 8.
Case C-345/06: Judgment of the Court (Grand Chamber) of 10 March 2009 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich — Austria) — Gottfried Heinrich (Article 254(2) EC — Regulation (EC) No 1049/2001 — Article 2(3) — Regulation (EC) No 622/2003 — Aviation security — Annex — List of articles prohibited on board aircraft — Not published — Binding force)
Date: 2009-03-10
Institutions: Court of Justice
Subjects: EU Official Journal, EU act, dissemination of EU information, interpretation of the law








C_2009113EN.01000201.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/2





Judgment of the Court (Grand Chamber) of 10 March 2009 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich — Austria) — Gottfried Heinrich
(Case C-345/06) (1)

(Article 254(2) EC - Regulation (EC) No 1049/2001 - Article 2(3) - Regulation (EC) No 622/2003 - Aviation security - Annex - List of articles prohibited on board aircraft - Not published - Binding force)
2009/C 113/02
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat im Land Niederösterreich

Parties to the main proceedings


Applicant: Gottfried Heinrich

Re:

Reference for a preliminary ruling — Unabhängiger Verwaltungssenat im Land Niederösterreich — Interpretation of Article 254(2) EC and Article 2(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43) — Validity of Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (OJ 2003 L 89, p. 9) — Annex to the regulation, establishing detailed measures in respect of aviation security, and in particular a list of prohibited articles that cannot be brought on board an aircraft, not published

Operative part of the judgment

The annex to Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security, as amended by Commission Regulation (EC) No 68/2004 of 15 January 2004, which was not published in the Official Journal of the European Union, has no binding force in so far as it seeks to impose obligations on individuals.


(1)  OJ C 281, 18.11.2006.
Case F-106/07: Judgment of the Civil Service Tribunal (First Chamber) of 10 March 2009 — Giaprakis v Committee of the Regions (Staff case — Officials — Remuneration — Transfer of part of the emoluments outside the country of employment — Article 17(2)(b) of Annex VII to the old Staff Regulations — Building savings account — Recovery of amounts wrongly paid — Conditions — Irregularity of the transfers — Obvious nature of the irregularity)
Date: 2009-03-10
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European Committee of the Regions, action by staff, regulations for civil servants, remuneration of work








C_2009102EN.01003802.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/38





Judgment of the Civil Service Tribunal (First Chamber) of 10 March 2009 — Giaprakis v Committee of the Regions
(Case F-106/07) (1)

(Staff case - Officials - Remuneration - Transfer of part of the emoluments outside the country of employment - Article 17(2)(b) of Annex VII to the old Staff Regulations - Building savings account - Recovery of amounts wrongly paid - Conditions - Irregularity of the transfers - Obvious nature of the irregularity)
2009/C 102/56
Language of the case: French

Parties


Applicant: Stavros Giaprakis (Brussels, Belgium) (represented by: M.-A. Lucas, lawyer)

Defendant: Committee of the Regions of the European Union (represented by: P. Cervilla, agent, and B. Wägenbaur, lawyer)

Re:

Annulment of the decision of 21 November 2006 to recover the amounts paid to the applicant in respect of the correction coefficient on part of his emoluments transferred to France from April 2004 to June 2005 because of the alleged failure to comply with the conditions required for that transfer — Application for damages

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the Committee of the Regions of the European Union of 21 November 2006 ordering the recovery of sums resulting from the application of the correction coefficient to part of the emoluments of Mr Giaprakis transferred to France from April 2004 to June 2005, amounting to EUR 1 246,06;










2.


Orders the Committee of the Regions of the European Union to reimburse Mr Giaprakis EUR 1 246,06, together with default interest from the date of the recovery until the date of the actual payment, at the rate fixed by the European Central Bank for its main refinancing operations and applicable during the period concerned, increased by 2 points;










3.


Dismisses the action as to the remainder;










4.


Orders the Committee of the Regions of the European Union to pay all the costs.






(1)  OJ C 297, 8.12.2007, p. 49.
Non-opposition to a notified concentration (Case COMP/M.5475 — Atlantia/Acciona/Itínere Chilean Assets) Text with EEA relevance
Date: 2009-03-10
Institutions: European Commission
Subjects: Chile, economic concentration, energy production, exchange of information, merger control, motorway, toll, transport infrastructure, water supply

C 56/28

EN

Official Journal of the European Union

10.3.2009

Non-opposition to a notified concentration

(Case COMP/M.5475 — Atlantia/Acciona/Itínere Chilean Assets)

(Text with EEA relevance)

(2009/C 56/03)

On 26 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 32009M5475. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5422 — Statoilhydro/ST1/ST1 Avifuels)

(Text with EEA relevance)

(2009/C 56/04)

On 22 December 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 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 32008M5422. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Type-approval requirements for the general safety of motor vehicles ***I European Parliament legislative resolution of 10 March 2009 on the proposal for a regulation of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles (COM(2008)0316 – C6-0210/2008 – 2008/0100(COD))#P6_TC1-COD(2008)0100 Position of the European Parliament adopted at first reading on 10 March 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor
Date: 2009-03-10
Institutions: Committee on Industry, Research and Energy, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: approval, approximation of laws, codecision procedure, drafting of EU law, motor vehicle, resolution of parliament, safety standard, technical standard








CE2010087EN.01019001.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/190





Tuesday 10 March 2009Type-approval requirements for the general safety of motor vehicles ***I
P6_TA(2009)0092
European Parliament legislative resolution of 10 March 2009 on the proposal for a regulation of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles (COM(2008)0316 – C6-0210/2008 – 2008/0100(COD))
2010/C 87 E/44
(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0316),
having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0210/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Industry, Research and Energy (A6-0482/2008),






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.






Tuesday 10 March 2009P6_TC1-COD(2008)0100
Position of the European Parliament adopted at first reading on 10 March 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 661/2009.)
Case T-68/05: Judgment of the Court of First Instance of 10 March 2009 — Aker Warnow Werft and Kvaerner v Commission (State aid — Shipbuilding — Former German Democratic Republic — Aid paid to cover losses from shipbuilding contracts — Competition aid — No excess payment)
Date: 2009-03-10
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), State aid, action for annulment (EU), aid for restructuring, control of State aid, privatisation, shipbuilding








C_2009090EN.01002202.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/22





Judgment of the Court of First Instance of 10 March 2009 — Aker Warnow Werft and Kvaerner v Commission
(Case T-68/05) (1)

(State aid - Shipbuilding - Former German Democratic Republic - Aid paid to cover losses from shipbuilding contracts - Competition aid - No excess payment)
2009/C 90/34
Language of the case: English

Parties


Applicants: Aker Warnow Werft GmbH (Rostock, Germany); and Kvaerner ASA (Oslo, Norway) (represented by: M. Schütte, lawyer, and B. Immenkamp, Solicitor, and then by M. Schütte)

Defendant: Commission of the European Communities (represented by: V. Kreuschitz and L. Flynn, acting as Agents)

Re:

Application for annulment of Commission Decision 2005/374/EC of 20 October 2004 on a State aid measure implemented by Germany for Kvaerner Warnow Werft (OJ 2005 L 120, p. 21).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2005/374/EC of 20 October 2004 on a State aid measure implemented by Germany for Kvaerner Warnow Werft;










2.


Orders the Commission to bear its own costs and pay those incurred by Aker Warnow Werft GmbH and Kvaerner ASA.






(1)  OJ C 106, 30.4.2005.
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: 2009-03-10
Institutions: European Commission
Subjects: Germany, State aid, company in difficulties, control of State aid, economic recession, exchange of information

10.3.2009

EN

Official Journal of the European Union

C 56/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

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 56/01)

Date of adoption of the decision

4.2.2009

Reference number of the aid

N 656/08

Member State

Region

Germany

Hessen

Title (and/or name of the beneficiary) Amendment of rescue and restructuring aid scheme for SMEs in Hessen,

Gemany

Legal basis

Richtlinien für die Übernahmen von Bürgschaften und Garantien durch das Land
Hessen für die gewerbliche Wirtschaft — Teil C: Bürgschaften zur Rettung und
Umstrukturierung von Unternehmen in Schwierigkeiten

Type of measure

Scheme

Objective

Form of aid

Budget

Intensity

Duration

Rescue and restructuring of firms in difficulty

Rescue aid: guarantee, Restructuring aid: guarantee

Annual budget: EUR 20 million

Overall budget: EUR 60 million

—

1.1.2009-31.12.2011

Economic sectors

All sectors

Name and address of
authority

the granting

Hessisches Ministerium der Finanzen
Friedrich-Ebert-Allee 8
D-65185 Wiesbaden

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/

C 56/2

EN

Official Journal of the European Union

10.3.2009

Date of adoption of the decision

19.2.2009

Reference number of the aid

Member State

Region

N 38/09

Germany

—

Title (and/or name of the beneficiary) Regelung zur vorübergehenden Gewährung niedrigverzinslicher Darlehen an
Unternehmen im Geltungsbereich der Bundesrepublik Deutschland während der
Finanz-
(Bundesrahmenregelung Niedrigverzinsliche
Darlehen)

und Wirtschaftskrise

Legal basis

Regelung zur vorübergehenden Gewährung niedrigverzinslicher Darlehen an
Unternehmen im Geltungsbereich der Bundesrepublik Deutschland während der
Finanz-
(Bundesrahmenregelung Niedrigverzinsliche
Darlehen), Förderprogramme und -richlinien in Bund, Ländern und Kommunen,
Haushaltsregelungen auf Bundes, Landes und kommunaler Ebene

und Wirtschaftskrise

Type of measure

Aid scheme

Objective

Form of aid

Budget

Intensity

Duration

Economic sectors

Name and address of
authority

Aid to remedy serious disturbances in the economy

Interest subsidy

Overall budget: EUR 6 000 million

—

31.12.2010

All sectors

the granting

Förderinstitute des Bundes und der Länder

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/
Case C-463/08: Order of the President of the Court of 10 March 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-03-10
Institutions: Court of Justice
Subjects: Spain, action for failure to fulfil an obligation, disclosure of information, fine, labour law, professional qualifications








C_2009141EN.01003506.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/35





Order of the President of the Court of 10 March 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-463/08) (1)

2009/C 141/71

Language of the case: Spanish

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


(1)  OJ C 327, 20.10.2008.
Additional protocol to the Agreement between the EC and South Africa, to take account of the accession of Bulgaria and Romania to the EU *** European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision concerning the conclusion of the additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (16447/2008 - COM(2008)0749 – C6-0017/2009 – 2008/0212(AVC))
Date: 2009-03-10
Institutions: Committee on Development, European Parliament
Subjects: Bulgaria, Romania, South Africa, accession to the European Union, drafting of EU law, originating product, protocol to an agreement, resolution of parliament, trade agreement (EU)








CE2010087EN.01018901.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/189





Tuesday 10 March 2009Additional protocol to the Agreement between the EC and South Africa, to take account of the accession of Bulgaria and Romania to the EU ***
P6_TA(2009)0084
European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision concerning the conclusion of the additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (16447/2008 - COM(2008)0749 – C6-0017/2009 – 2008/0212(AVC))
2010/C 87 E/43
(Assent procedure)

The European Parliament,

having regard to the text of the Council (16447/2008),
having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 310 and 300(2), first subparagraph, of the EC Treaty (C6-0017/2009),
having regard to Rules 75 and 83(7) of its Rules of Procedure,
having regard to the recommendation of the Committee on Development (A6-0073/2009),






1.


Gives its assent to conclusion of the additional protocol;










2.


Instructs its President to forward its position to the Council and Commission.
Case T-8/08: Judgment of the Court of First Instance of 10 March 2009 — Piccoli v OHIM (Shape of a sea shell) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a seashell — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 40/94)
Date: 2009-03-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), Italy, action for annulment (EU), metallurgical industry, trade-mark law








C_2009090EN.01002601.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/26





Judgment of the Court of First Instance of 10 March 2009 — Piccoli v OHIM (Shape of a sea shell)
(Case T-8/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a seashell - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94)
2009/C 90/41
Language of the case: Italian

Parties


Applicant: G. M. Piccoli Srl (Alzano Lombardo, Italy) (represented by: S. Giudici and S. Caselli, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning an application to register as a Community trade mark a three-dimensional sign consisting of the shape of a sea shell.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders G. M. Piccoli Srl to pay the costs.






(1)  OJ C 64, 8.3.2008.