do-me/EUR-LEX huggingface dataset:
Case C-217/08: Order of the Court (Seventh Chamber) of 17 March 2009 (reference for a preliminary ruling from the Tribunale ordinario di Milano, Italy) — Rita Mariano v Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL) (Article 104(3) of the Rules of Procedure — Equal treatment in employment matters — Articles 12 EC and 13 EC — Grant of survivor’s benefit — National provision laying down differences in treatment between surviving spouses and surviving cohabitees)
Date: 2009-03-17
Institutions: Court of Justice
Subjects: dependant, interpretation of the law, married person, mortality, occupational accident, ordinance, social-security benefit








C_2009180EN.01002402.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/24





Order of the Court (Seventh Chamber) of 17 March 2009 (reference for a preliminary ruling from the Tribunale ordinario di Milano, Italy) — Rita Mariano v Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL)
(Case C-217/08) (1)

(Article 104(3) of the Rules of Procedure - Equal treatment in employment matters - Articles 12 EC and 13 EC - Grant of survivor’s benefit - National provision laying down differences in treatment between surviving spouses and surviving cohabitees)
2009/C 180/41
Language of the case: Italian

Referring court

Tribunale ordinario di Milano

Parties to the main proceedings


Applicant: Rita Mariano

Defendant: Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL)

Re:

Reference for a preliminary ruling — Tribunale Ordinario di Milano — Interpretation of Articles 12 and 13 EC — Equal treatment in employment matters — Grant of survivor’s benefit — National provision laying down differences in treatment between surviving spouses and surviving partners who were in a life partnership.

Operative part

The application, which the courts of Member States must ensure, of the prohibition under Community law of all discrimination is not mandatory where the allegedly discriminatory treatment contains no link with Community law. In circumstances such as those at issue in the main proceedings, no such link arises from Articles 12 EC and 13 EC in themselves.
Those articles do not preclude, in those circumstances, national rules under which, in the event of the death of a person as a result of an accident, a pension amounting to 50 % of the remuneration received by that person before his death is paid solely to his surviving spouse and the infant child of the deceased receives only a pension amounting to 20 % of that remuneration.


(1)  OJ C 197, 02.08.2008.
Case T-171/06: Judgment of the Court of First Instance of 17 March 2009 — Laytoncrest v OHIM — Erico (TRENTON) (Community trade mark — Opposition proceedings — Application for the Community word mark TRENTON — Earlier Community word mark LENTON — Right to be heard — Article 73 of Regulation (EC) No 40/94 and Rule 54 of Regulation (EC) No 2868/95 — No withdrawal of the trade mark application — Article 44(1) of Regulation No 40/94 — Obligation to rule on the basis of the available evidence — Rule 20(3) and Rule 50(1) of Regulation No 2868/95)
Date: 2009-03-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), mechanical engineering, trade-mark law








C_2009113EN.01003102.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/31





Judgment of the Court of First Instance of 17 March 2009 — Laytoncrest v OHIM — Erico (TRENTON)
(Case T-171/06) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark TRENTON - Earlier Community word mark LENTON - Right to be heard - Article 73 of Regulation (EC) No 40/94 and Rule 54 of Regulation (EC) No 2868/95 - No withdrawal of the trade mark application - Article 44(1) of Regulation No 40/94 - Obligation to rule on the basis of the available evidence - Rule 20(3) and Rule 50(1) of Regulation No 2868/95)
2009/C 113/63
Language of the case: Greek

Parties


Applicant: Laytoncrest Ltd (London, United Kingdom) (represented by: N. Dontas and P. Georgopoulou, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Erico International Corp. (Solon, Ohio, United States) (represented by: M. Samer, O. Gillert and F. Schiwek, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 April 2006 (Case R 406/2004-2) relating to opposition proceedings between Erico International Corp. and Laytoncrest Ltd.

Operative part of the judgment

The Court of First Instance:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 April 2006 (R 406/2004-2);










2.


Orders OHIM to bear its own costs and to pay those incurred by Laytoncrest Ltd;










3.


Orders Erico International Corp. to bear its own costs.






(1)  OJ C 212, 2.9.2006.
Decision of the EEA Joint Committee No 34/2009 of 17 March 2009 amending Annex XIII (Transport) to the EEA Agreement
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: European Economic Area, Iceland, Norway, agreement (EU), energy policy, high-speed transport, rail network, rail transport, trans-European network




L_2009130EN.01002801.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/28








            DECISION OF THE EEA JOINT COMMITTEE
         
No 34/2009
of 17 March 2009
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 15/2009 of 5 February 2009 (1).












(2)


Commission Decision 2008/284/EC of 6 March 2008 concerning a technical specification for interoperability relating to the ‘energy’ sub-system of the trans-European high-speed rail system (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 37af (Commission Decision 2002/735/EC) of Annex XIII to the Agreement:






‘37ag.



32008 D 0284: Commission Decision 2008/284/EC of 6 March 2008 concerning a technical specification for interoperability relating to the “energy” sub-system of the trans-European high-speed rail system (OJ L 104, 14.4.2008, p. 1).’






Article 2
The text of Decision 2008/284/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 18 March 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 73, 19.3.2009, p. 52.

(2)  
            OJ L 104, 14.4.2008, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 33/2009 of 17 March 2009 amending Annex XIII (Transport) to the EEA Agreement
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: European Economic Area, Iceland, Norway, agreement (EU), rail network, transport infrastructure, transport policy, transportation tariff




L_2009130EN.01002701.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/27








            DECISION OF THE EEA JOINT COMMITTEE
         
No 33/2009
of 17 March 2009
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 15/2009 of 5 February 2009 (1).












(2)


Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community’s railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in points 37 (Council Directive 91/440/EEC) and 41b (Directive 2001/14/EC of the European Parliament and of the Council) of Annex XIII to the Agreement:






‘—



32007 L 0058: Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 (OJ L 315, 3.12.2007, p. 44).’






Article 2
The text of Directive 2007/58/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 18 March 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 73, 19.3.2009, p. 52.

(2)  
            OJ L 315, 3.12.2007, p. 44.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 38/2009 of 17 March 2009 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, Iceland, Norway, agreement (EU), balance of payments, product quality




L_2009130EN.01003301.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/33








            DECISION OF THE EEA JOINT COMMITTEE
         
No 38/2009
of 17 March 2009
         
amending Annex XXI (Statistics) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 131/2008 of 5 December 2008 (1).












(2)


Commission Regulation (EC) No 1055/2008 of 27 October 2008 implementing Regulation (EC) No 184/2005 of the European Parliament and of the Council, as regards quality criteria and quality reporting for balance of payments statistics (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 19sa (Commission Regulation (EC) No 601/2006) of Annex XXI to the Agreement:






‘19sb.



32008 R 1055: Commission Regulation (EC) No 1055/2008 of 27 October 2008 implementing Regulation (EC) No 184/2005 of the European Parliament and of the Council, as regards quality criteria and quality reporting for balance of payments statistics (OJ L 283, 28.10.2008, p. 3).’.






Article 2
The text of Regulation (EC) No 1055/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 18 March 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 25, 29.1.2009, p. 40.

(2)  
            OJ L 283, 28.10.2008, p. 3.

(*1)  No constitutional requirements indicated.
Political and Security Committee Decision Atalanta/1/2009 of 17 March 2009 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
Date: 2009-03-17
Institutions: Political and Security Committee
Subjects: Somalia, deterrent, exchange of information, littoral, maritime transport, military intervention, piracy, terrorism, theft

24.3.2009

EN

Official Journal of the European Union

L 76/45

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

POLITICAL AND SECURITY COMMITTEE DECISION Atalanta/1/2009

of 17 March 2009

on the appointment of an EU Force Commander for the European Union military operation to
contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the
Somali coast (Atalanta)

(2009/288/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in
particular the third subparagraph of Article 25 thereof,

Having regard to Council
Joint Action 2008/851/CFSP of
10 November 2008 on a European Union military operation
to contribute to the deterrence, prevention and repression of
the Somali coast (1)
acts of piracy and armed robbery off
(Atalanta), and in particular Article 6(1) thereof,

(4)

(5)

The EU Military Committee has supported that recom­
mendation.

In accordance with Article 6 of the Protocol on the
position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark does not participate in
the elaboration and the implementation of decisions and
actions of the European Union which have defence impli­
cations,

Whereas:

HAS DECIDED AS FOLLOWS:

(1)

(2)

(3)

Pursuant to Article 6(1) of Joint Action 2008/851/CFSP
the Council
and Security
Committee (PSC) to take decisions on the appointment
of the EU Force Commander.

authorised the

Political

On 18 November 2008,
the PSC adopted Decision
Atalanta/1/2008 (2) appointing Commodore Antonios
PAPAIOANNOU as EU Force Commander
the
European Union military operation to contribute to the
deterrence, prevention and repression of acts of piracy
and armed robbery off the Somali coast.

for

The EU Operation Commander has recommended the
appointment of Captain (Navy) Juan GARAT CARAMÉ as
the new EU Force Commander for the European Union
military operation to contribute
to the deterrence,
prevention and repression of acts of piracy and armed
robbery off the Somali coast.

Article 1

Captain (Navy) Juan GARAT CARAMÉ is hereby appointed EU
Force Commander for the European Union military operation to
contribute to the deterrence, prevention and repression of acts
of piracy and armed robbery off the Somali coast.

Article 2

This Decision shall take effect on 7 April 2009.

Done at Brussels, 17 March 2009.

For the Political and Security Committee
The Chairman
I. ŠRÁMEK

(1) OJ L 301, 12.11.2008, p. 33.
(2) OJ L 317, 27.11.2008, p. 24.
Decision of the EEA Joint Committee No 36/2009 of 17 March 2009 amending Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) to the EEA Agreement
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: European Economic Area, agreement (EU), equal treatment, occupational health, occupational safety




L_2009130EN.01003001.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/30








            DECISION OF THE EEA JOINT COMMITTEE
         
No 36/2009
of 17 March 2009
         
amending Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XVIII to the Agreement was amended by Decision of the EEA Joint Committee No 105/2008 of 26 September 2008 (1).












(2)


Directive 2008/46/EC of the European Parliament and of the Council of 23 April 2008 amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 16jc (Directive 2004/40/EC of the European Parliament and of the Council) of Annex XVIII to the Agreement:






‘—



32008 L 0046: Directive 2008/46/EC of the European Parliament and of the Council of 23 April 2008 (OJ L 114, 26.4.2008, p. 88).’.






Article 2
The text of Directive 2008/46/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 18 March 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 309, 20.11.2008, p. 31.

(2)  
            OJ L 114, 26.4.2008, p. 88.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 23/2009 of 17 March 2009 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: European Economic Area, Iceland, Norway, animal nutrition, food additive, plant health legislation, veterinary legislation




L_2009130EN.01001101.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 23/2009
of 17 March 2009
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 2/2009 of 5 February 2009 (1).












(2)


Commission Regulation (EC) No 393/2008 of 30 April 2008 concerning the authorisation of astaxanthin dimethyldisuccinate as a feed additive (2) is to be incorporated into the Agreement.












(3)


This Decision shall not apply to Liechtenstein,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be added after point 1zzzzn (Commission Regulation (EC) No 209/2008) in Chapter II of Annex I to the Agreement:






‘1zzzzo.



32008 R 0393: Commission Regulation (EC) No 393/2008 of 30 April 2008 concerning the authorisation of astaxanthin dimethyldisuccinate as a feed additive (OJ L 117, 1.5.2008, p. 20).’






Article 2
The text of Regulation (EC) No 393/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 18 March 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 73, 19.3.2009, p. 32.

(2)  
            OJ L 117, 1.5.2008, p. 20.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 40/2009 of 17 March 2009 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: EU employment policy, European Economic Area, agreement (EU), continuing vocational training, education policy




L_2009130EN.01003601.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/36








            DECISION OF THE EEA JOINT COMMITTEE
         
No 40/2009
of 17 March 2009
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Articles 86 and 98 thereof,

Whereas:







(1)


Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 19/2008 of 1 February 2008 (1).












(2)


It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Recommendation 2008/C 111/01 of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (2),





HAS DECIDED AS FOLLOWS:



Article 1
The following paragraph shall be inserted after paragraph 7 of Article 4 of Protocol 31 to the Agreement:






‘8.


The Contracting Parties shall seek to strengthen cooperation in the framework of the following Community acts:






—



32008 H 0506(01): Recommendation 2008/C 111/01 of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 111, 6.5.2008, p. 1).’.










Article 2
This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (*1).


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 154, 12.6.2008, p. 38.

(2)  
            OJ C 111, 6.5.2008, p. 1.

(*1)  No constitutional requirements indicated.