do-me/EUR-LEX huggingface dataset:
Case C-298/08: Judgment of the Court (Eighth Chamber) of 12 March 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2006/22/EC — Approximation of laws — Social legislation relating to road transport activities — Failure to transpose within the period prescribed)
Date: 2009-03-12
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, national implementing measure, road transport, social legislation








C_2009113EN.01001203.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/12





Judgment of the Court (Eighth Chamber) of 12 March 2009 — Commission of the European Communities v Hellenic Republic
(Case C-298/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/22/EC - Approximation of laws - Social legislation relating to road transport activities - Failure to transpose within the period prescribed)
2009/C 113/24
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: N. Yerrell and I. Chatzigiannis, acting as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC, the Hellenic Republic has failed to fulfil its obligations under Directive 2006/22;










2.


orders the Hellenic Republic to pay the costs.






(1)  OJ C 223, 30.8.2008.
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
Date: 2009-03-12
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, audiovisual production, control of State aid, cultural promotion, exchange of information

12.3.2009

EN

Official Journal of the European Union

C 58/11

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1
of Protocol 3 to the Surveillance and Court Agreement

(2009/C 58/06)

The EFTA Surveillance Authority raises no objections to the following State aid measure:

Date of adoption of the decision:

10 December 2008

Case number:

EFTA State:

65709

Norway

Title (and/or name of the benefi-
ciary):

Legal basis:

Type of measure:

Objective:

Form of aid:

Budget:

the schemes relating to support to audiovisual
Prolongation of
productions and to support for film production companies until
1 July 2009

Regulation of 28 July 2005 on support to audiovisual productions
and Regulation No 1017 of 18 September 2002 on film support
to production companies

Grants

Promote culture

Direct grants

The overall budget of the Scheme relating to support to audiovisual
productions is of approximately NOK 290 million per year.
For the scheme on support to film production companies, funds
are allocated through the general transfer to the Norwegian Film
Fund

Duration:

Until 1 July 2009

The authentic text of the decision, from which all confidential information has been removed, can be found
on the EFTA Surveillance Authority's website:

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
Date: 2009-03-12
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, exchange of information, innovation, research and development

12.3.2009

EN

Official Journal of the European Union

C 58/13

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1
of Protocol 3 to the Surveillance and Court Agreement

(2009/C 58/08)

The EFTA Surveillance Authority raises no objections to the following State aid measure:

Date of adoption:

Case number:

EFTA State:

Title:

Objective:

Form of aid

Budget:

Legal basis:

17 December 2008

64333

Norway

SIVA innovation aid scheme

Research, Development and Innovation

Services are made available to SMEs at a reduced price

Approximately NOK 75 000 000

State Budget, annual allocation letters/letters of
intent from the
Ministry of Trade and Industry and the Ministry of Local
Government and Regional Development

Duration:

Economic sectors:

Name and address of granting
authority

Until end of 2013

Horizontal aid to SMEs

SIVA — Selskapet for industrivekst SF
Postboks 1253 Pirsenteret
7462 Trondheim
NORWAY

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

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
Date: 2009-03-12
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, exchange of information, silviculture, wood industry, wood production

C 58/12

EN

Official Journal of the European Union

12.3.2009

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1
of Protocol 3 to the Surveillance and Court Agreement

(2009/C 58/07)

The EFTA Surveillance Authority raises no objections to the following State aid measure:

Date of adoption of the decision:

3 December 2008

Case number:

EFTA State:

Region:

Title:

Legal basis:

64556

Norway

—

Wood-based Innovation Scheme

Annual State Budget (St.prp. Nr. 1, Chapter 1149, item 71), annual
letter of allocation from The Royal Ministry of Agriculture and
Food to Innovation Norway, and a Strategy document adopted by
The Ministry of Agriculture and Food

Type of measure:

Aid scheme

Objective:

Form of aid:

Budget:

Intensity:

Duration:

To increase the use of wood and profitability in the wood sector

Direct grants

NOK 14 million (approximately EUR 1,75 million), Annual budget
subject to parliamentary budget procedures

According to guidelines

2008-2013

Economic sectors:

Forest and wood-sector

Name and address of the
granting authority:

Ministry of Agriculture and Food
PO Box 8007
0030 Oslo
NORWAY

Other information:

—

The authentic text of the decision, from which all confidential information has been removed, can be found
on the EFTA Surveillance Authority's website:

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
The EFTA Surveillance Authority has found that the following measure does not constitute State aid within the meaning of Article 61 of the EEA Agreement
Date: 2009-03-12
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, building plot, control of State aid, exchange of information, fishery management, property market

C 58/14

EN

Official Journal of the European Union

12.3.2009

The EFTA Surveillance Authority has found that the following measure does not constitute State
aid within the meaning of Article 61 of the EEA Agreement

(2009/C 58/09)

Date of adoption of the decision:

26 November 2008

Case number:

EFTA State:

63948

Norway

Title (and/or name of the benefi-
ciary):

Alleged aid to H. Østervold AS

Legal basis:

Type of measure:

Economic sectors:

Name and address of the
granting authority:

Articles 61(1), 8(3) and protocols 3 and 9 EEA

Sale of land

Fisheries

Bergen og Omland Friluftsråd
Hellebakken 45
5039 Bergen
NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found
on the EFTA Surveillance Authority's website:

http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Case C-289/08: Judgment of the Court (Fifth Chamber) of 12 March 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 96/82/EC — Article 11(1)(c) — External emergency plans — Failure to transpose within the period prescribed)
Date: 2009-03-12
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention, industrial hazard, public health, safety standard








C_2009113EN.01001202.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/12





Judgment of the Court (Fifth Chamber) of 12 March 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-289/08) (1)

(Failure of a Member State to fulfil its obligations - Directive 96/82/EC - Article 11(1)(c) - External emergency plans - Failure to transpose within the period prescribed)
2009/C 113/23
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to draw up external emergency plans for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997 L 10, p. 13)

Operative part of the judgment

The Court:






1.


Declares that, by failing to draw up within the period prescribed an external emergency plan for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 11(1)(c) of that directive.










2.


Orders the Grand Duchy of Luxembourg to pay the costs.






(1)  OJ C 223, 30.8.2008.
Case F-4/08: Judgment of the Civil Service Tribunal (Second Chamber) of 12 March 2009 — Hambura v Parliament (Staff case — Temporary staff — Recruitment — Selection procedure — Non-admission — Recruitment notice PE/95/S — Failure to use the application form in the OJ — Admissibility — Prior administrative procedure)
Date: 2009-03-12
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European Parliament, action by staff, competition (EU), staff assessment








C_2009102EN.01003901.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/39





Judgment of the Civil Service Tribunal (Second Chamber) of 12 March 2009 — Hambura v Parliament
(Case F-4/08) (1)

(Staff case - Temporary staff - Recruitment - Selection procedure - Non-admission - Recruitment notice PE/95/S - Failure to use the application form in the Official Journal of the European Union - Admissibility - Prior administrative procedure)
2009/C 102/57
Language of the case: German

Parties


Applicant: Johannes Hambura (Soultzbach, France) (represented by: S. Hambura, lawyer)

Defendant: European Parliament (represented by: S. Seyr and K. Zejdová, Agents)

Re:

Application for annulment of the decision of the Personnel Directorate of 5 December 2007 not to accept the applicant’s application, annulment of competition PE/95/S, sector: doctor, and to recommence the competition process allowing the use of a downloaded application form.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Hambura to pay all the costs.






(1)  OJ C 92, 12.4.2008, p. 50.
Case C-320/07 P: Judgment of the Court (First Chamber) of 12 March 2009 — Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), The Nasdaq Stock Market Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Refusal to register — Earlier trade mark of repute NASDAQ — Figurative sign nasdaq — Use of the earlier mark for goods and services allegedly offered free of charge — Taking unfair advantage of the distinctive character or the repute of the earlier mark — Relevant public)
Date: 2009-03-12
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, fine, sports facilities, trade-mark law








C_2009113EN.01000701.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/7





Judgment of the Court (First Chamber) of 12 March 2009 — Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), The Nasdaq Stock Market Inc.
(Case C-320/07 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Refusal to register - Earlier trade mark of repute NASDAQ - Figurative sign ‘nasdaq’ - Use of the earlier mark for goods and services allegedly offered free of charge - Taking unfair advantage of the distinctive character or the repute of the earlier mark - Relevant public)
2009/C 113/12
Language of the case: English

Parties


Appellant: Antartica Srl (represented by: E. Racca and A. Fusillo, avvocati)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), The Nasdaq Stock Market Inc. (represented by: J. van Manen and J. Hofhuis, advocaten)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 10 May 2007 in Case T-47/06 Antartica v OHIM by which that Court dismissed as unfounded an action brought by the applicant for registration of the figurative trade mark ‘nasdaq’ in respect of goods in Classes 9, 12, 14, 25 and 28 against Decision R752/2004-2 of the Second Board of Appeal of OHIM of 7 December 2005 setting aside the Opposition Division’s decision which rejected the opposition brought by the proprietor of the Community and national word marks ‘NASDAQ’ in respect of goods in Classes 9, 16, 35, 36, 38 and 42 — Interpretation of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Antartica Srl to pay the costs.






(1)  OJ C 211, 8.9.2007.
Case C-342/08: Judgment of the Court (Sixth Chamber) of 12 March 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 96/82/EC — Article 11(1)(c) — Failure to draw up external emergency plans — Incomplete transposition)
Date: 2009-03-12
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, chemical accident, dangerous substance, emergency aid, penalty








C_2009113EN.01001302.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/13





Judgment of the Court (Sixth Chamber) of 12 March 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-342/08) (1)

(Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11(1)(c) - Failure to draw up external emergency plans - Incomplete transposition)
2009/C 113/26
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos, acting as Agents)

Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to draw up external emergency plans for the measures to be taken outside establishments falling within Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997 L 10, p. 13)

Operative part of the judgment

The Court:






1.


Declares that, by failing to ensure that an external emergency plan is drawn up for all the establishments covered by Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 285, 8.11.2008.
Case C-402/08: Judgment of the Court (Seventh Chamber) of 12 March 2009 — Commission of the European Communities v Republic of Slovenia (Failure of a Member State to fulfil obligations — Directive 2004/35/EC — Environmental liability with regard to the prevention and remedying of environmental damage — Failure to transpose within the period prescribed)
Date: 2009-03-12
Institutions: Court of Justice
Subjects: Slovenia, action for failure to fulfil an obligation, degradation of the environment, legislation








C_2009113EN.01001303.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/13





Judgment of the Court (Seventh Chamber) of 12 March 2009 — Commission of the European Communities v Republic of Slovenia
(Case C-402/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/35/EC - Environmental liability with regard to the prevention and remedying of environmental damage - Failure to transpose within the period prescribed)
2009/C 113/27
Language of the case: Slovenian

Parties


Applicant: Commission of the European Communities (represented by: U. Wölker and V. Kovačič, acting as Agents)

Defendant: Republic of Slovenia (represented by: A. Vran, Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt within the period prescribed the provisions necessary to comply with Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 142, p. 56)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Republic of Slovenia has failed to fulfil its obligations under that directive;










2.


Orders the Republic of Slovenia to pay the costs.






(1)  OJ C 285, 8.11.2008.
Case T-107/09: Action brought on 12 March 2009 — United Kingdom v Commission
Date: 2009-03-12
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, European Commission, United Kingdom, action for failure to fulfil an obligation, agricultural production, fruit vegetable








C_2009113EN.01004002.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/40





Action brought on 12 March 2009 — United Kingdom v Commission
(Case T-107/09)
2009/C 113/81
Language of the case: English

Parties


Applicant: United Kingdom of Great Britain and Northern Ireland (represented by: V. Jackson, agent assisted by T. Eicke, Barrister)

Defendant: Commission of the European Communities

Form of order sought







—


annul Commission decision 2008/960/EC of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (1) in part, namely in so far as it has the effect of applying a correction to the Fruit and Vegetable aid scheme against the United Kingdom for alleged weaknesses in its control system concerning the recognition of POs created before 2002 (not providing technical means) and










—


order the Commission to pay the costs of proceedings.





Pleas in law and main arguments

By means of present application, the applicant seeks the partial annulement of Commission decision 2008/960/EC of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) on the ground that the Commission wrongly interpreted and applied Article 11(2)(d) of Council Regulation No 2200/96 (2) in finding that the United Kingdom government had failed to observe the conditions laid down in that provision for the recognition of Producer Organisation in the fruit and vegetable sector.
The applicant contends that the Commission’s restrictive interpretation of Article 11(2)(d) of Council Regulation 2200/96 underlying the relevant aspects of the contested decision is inconsistent both with the language and with the object and purpose of that provision.


(1)  Notified under document number C(2008) 7820, OJ 2008 L 340, p. 99


(2)  Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables, OJ 1996 L 297, p. 1
Public holidays in 2009: EEA EFTA States and EEA institutions
Date: 2009-03-12
Institutions: EFTA Surveillance Authority
Subjects: EEA joint institution, EFTA countries, European Economic Area, public holiday

C 58/16

EN

Official Journal of the European Union

12.3.2009

Public holidays in 2009: EEA EFTA States and EEA institutions

(2009/C 58/11)

2009

Iceland

Liechtenstein

Norway

EFTA
Surveillance
Authority

EFTA Court

1 January

2 January

6 January

2 February

19 March

10 April

12 April

13 April

23 April

1 May

17 May

21 May

1 June

17 June

22 June

23 June

3 August

15 August

8 September

2 November

8 December

24 December

25 December

26 December

31 December

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X

X

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X

X

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X

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