do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 238/2009 of 19 March 2009 fixing the maximum buying-in price for butter for the first individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009
Date: 2009-03-19
Institutions: European Commission
Subjects: award of contract, butter, market intervention, maximum price, purchase price

20.3.2009

EN

Official Journal of the European Union

L 74/29

COMMISSION REGULATION (EC) No 238/2009

of 19 March 2009

fixing the maximum buying-in price for butter for the first individual invitation to tender within
the tendering procedure opened by Regulation (EC) No 186/2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), and in particular
Article 43, in conjunction with Article 4 thereof,

Whereas:

(1)

Commission Regulation (EC) No 186/2009 (2) has
opened buying-in of butter by a tendering procedure
in
the period expiring on 31 August 2009,
for
in
accordance with the
for
Commission
of
105/2008
5 February 2008 laying down detailed rules for the appli­
cation of Council Regulation (EC) No 1255/1999 as
regards intervention on the market in butter (3).

conditions provided

Regulation

(EC) No

(3)

(4)

in accordance with Article 16(2) of Regulation

taken,
(EC) No 105/2008.

In the light of the tenders received for the first individual
invitation to tender, a maximum buying-in price should
be fixed.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

For the first individual invitation to tender for the buying-in of
butter within the tendering procedure opened by Regulation
(EC) No 186/2009, in respect of which the time limit for the
the
submission of
maximum buying-in price shall be EUR 220,00/100 kg.

tenders expired on 17 March 2009,

(2)

In the light of the tenders received in response to indi­
vidual invitations to tender, a maximum buying-in price
is to be fixed or a decision to make no award is to be

This Regulation shall enter into force on 20 March 2009.

Article 2

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

Done at Brussels, 19 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 64, 10.3.2009, p. 3.
(3) OJ L 32, 6.2.2008, p. 3.
The EFTA Surveillance Authority has decided not to raise objections against the notified measure
Date: 2009-03-19
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, State aid, control of State aid, market approval, property leasing, property market, sale

19.3.2009

EN

Official Journal of the European Union

C 64/37

The EFTA Surveillance Authority has decided not to raise objections against the notified measure

(2009/C 64/10)

EFTA Surveillance Authority Decision regarding alleged state aid granted by the Municipality of Tromsø to
Sommarøy Arctic Hotel AS in connection with the planned sale of the property known as ‘Hillesøyfyllinga’
[property number 189/196].

The EFTA Surveillance Authority considers that no state aid within the meaning of Article 61(1) of the EEA
Agreement has been granted to Sommarøy Arctic Hotel A/S in connection with the planned sale of the
property.

Date of adoption:

1 October 2008

EFTA State:

Case No:

Title:

Objective:

Legal basis:

Duration:

Norway

62527

Sale of property in Tromsø

n.a.

n.a.

n.a.

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/
Commission Regulation (EC) No 234/2009 of 19 March 2009 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-03-19
Institutions: European Commission
Subjects: award of contract, butter, butter oil, export refund

20.3.2009

EN

Official Journal of the European Union

L 74/21

COMMISSION REGULATION (EC) No 234/2009

of 19 March 2009

fixing the maximum export refund for butter in the framework of the standing invitation to tender
provided for in Regulation (EC) No 619/2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), and in particular
Article 164(2), in conjunction with Article 4, thereof,

Whereas:

the invitation to tender,
maximum export
ending on 17 March 2009.

refund for

it

is appropriate to fix a
tendering period

the

(3)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

(1)

(2)

Commission Regulation (EC) No 619/2008 of 27 June
2008 opening a standing invitation to tender for export
refunds concerning certain milk products (2) provides for
a standing invitation to tender procedure.

Pursuant to Article 6 of Commission Regulation (EC) No
1454/2007 of 10 December 2007 laying down common
rules for establishing a tender procedure for fixing export
refunds for certain agricultural products (3), and following
an examination of the tenders submitted in response to

For the standing invitation to tender opened by Regulation (EC)
No 619/2008, for the tendering period ending on 17 March
2009, the maximum amount of refund for the products and
destinations referred to in Article 1(a) and (b) and in Article 2
respectively of that Regulation shall be as shown in the Annex
to this Regulation.

This Regulation shall enter into force on 20 March 2009.

Article 2

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

Done at Brussels, 19 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 168, 28.6.2008, p. 20.
(3) OJ L 325, 11.12.2007, p. 69.

L 74/22

EN

Official Journal of the European Union

20.3.2009

ANNEX

Product

Export refund Code

(EUR/100 kg)

Maximum amount of export refund for exports
to the destinations referred to in Article 2 of
Regulation (EC) No 619/2008

Butter

Butteroil

ex 0405 10 19 9700

ex 0405 90 10 9000

60,00

73,00
Case T-113/09: Action brought on 19 March 2009 — PromoCell bioscience alive v OHIM (SupplementPack)
Date: 2009-03-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), aesthetic surgery, trade-mark law








C_2009129EN.01001602.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/16





Action brought on 19 March 2009 — PromoCell bioscience alive v OHIM (SupplementPack)
(Case T-113/09)
2009/C 129/28
Language in which the application was lodged: German

Parties


Applicant: PromoCell bioscience alive GmbH Biomedizinische Produkte (Heidelberg, Germany) (represented by K. Mende, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of 15 January 2009 in Case R 996/2008-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘SupplementPack’ for goods and services in Classes 1, 3, 5, 41 and 42 (Application No 5 433 883)

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation (EC) No 40/94 as the mark applied for has the requisite distinctive character and its availability does not have to be preserved
Case C-489/06: Judgment of the Court (Fourth Chamber) of 19 March 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directives 93/36/EEC and 93/42/EEC — Public contracts — Procedures for the award of public supply contracts — Hospital supplies)
Date: 2009-03-19
Institutions: Court of Justice
Subjects: Community certification, EC conformity marking, European Commission, Greece, action for failure to fulfil an obligation, award of contract, invitation to tender, medical device, supplies contract








C_2009113EN.01000301.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/3





Judgment of the Court (Fourth Chamber) of 19 March 2009 — Commission of the European Communities v Hellenic Republic
(Case C-489/06) (1)

(Failure of a Member State to fulfil obligations - Directives 93/36/EEC and 93/42/EEC - Public contracts - Procedures for the award of public supply contracts - Hospital supplies)
2009/C 113/04
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: M. Patakia and X. Lewis, acting as Agents)

Defendant: Hellenic Republic (represented by: D. Tsagkaraki and S. Chala, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 8(2) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) and of Articles 17 and 18 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1) — Rejection of medical devices, in the context of calls for tenders for supplies to public hospitals in Greece, on grounds relating to the ‘general sufficiency and safety of use’ of the devices, notwithstanding their certification with the CE marking, and without, in any event, the procedure provided for in Directive 93/42/EEC being followed

Operative part of the judgment

The Court:






1.


Declares that, by rejecting tenders in respect of medical devices bearing the CE certification marking, without the competent contracting authorities of Greek hospitals having complied with the procedure provided for in Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, the Hellenic Republic has failed to fulfil its obligations under Article 8(2) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001, and Articles 17 and 18 of Directive 93/42, as amended by Regulation No 1882/2003;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 326, 30.12.2006.
Commission Regulation (EC) No 235/2009 of 19 March 2009 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-03-19
Institutions: European Commission
Subjects: award of contract, export refund, invitation to tender, skimmed milk powder

20.3.2009

EN

Official Journal of the European Union

L 74/23

COMMISSION REGULATION (EC) No 235/2009

of 19 March 2009

fixing the maximum export refund for skimmed milk powder in the framework of the standing
invitation to tender provided for in Regulation (EC) No 619/2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

refunds for certain agricultural products (3) and following
an examination of the tenders submitted in response to
is appropriate to fix a
it
the invitation to tender,
maximum export
tendering period
ending on 17 March 2009.

refund for

the

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), and in particular
Article 164(2), in conjunction with Article 4, thereof,

(3)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

(1)

(2)

Commission Regulation (EC) No 619/2008 of 27 June
2008 opening a standing invitation to tender for export
refunds concerning certain milk products (2) provides for
a standing invitation to tender procedure.

For the standing invitation to tender opened by Regulation (EC)
No 619/2008, for the tendering period ending on 17 March
2009, the maximum amount of refund for the product and
destinations referred to in Article 1(c) and in Article 2 of that
Regulation shall be EUR 22,00/100 kg.

Pursuant to Article 6 of Commission Regulation (EC) No
1454/2007 of 10 December 2007 laying down common
rules for establishing a tender procedure for fixing export

This Regulation shall enter into force on 20 March 2009.

Article 2

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

Done at Brussels, 19 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 168, 28.6.2008, p. 20.

(3) OJ L 325, 11.12.2007, p. 69.
Commission Regulation (EC) No 224/2009 of 19 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-03-19
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

20.3.2009

EN

Official Journal of the European Union

L 74/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 224/2009

of 19 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 20 March 2009.

Article 2

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

Done at Brussels, 19 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 74/2

EN

Official Journal of the European Union

20.3.2009

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

EG
MA
MK
TR
ZZ

MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

TR
ZZ

AR
BR
CA
CL
CN
MK
US
UY
ZA
ZZ

AR
CL
CN
ZA
ZZ

173,6
80,4
40,1
132,6
93,3
104,0

139,2
87,9
118,9
158,0
126,0

49,7
129,1
89,4

66,1
66,1

44,2
57,3
48,5
49,8
63,4
52,6

64,6
64,6

90,9
76,5
110,4
79,0
82,9
23,7
112,7
64,5
88,2
81,0

81,4
132,6
66,7
90,0
92,7

(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’.
Case T-112/09: Action brought on 19 March 2009 — Icebreaker v OHIM — Gilmar (ICEBREAKER)
Date: 2009-03-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009113EN.01004102.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/41





Action brought on 19 March 2009 — Icebreaker v OHIM — Gilmar (ICEBREAKER)
(Case T-112/09)
2009/C 113/83
Language in which the application was lodged: English

Parties


Applicants: Icebreaker Ltd (Wellington, New Zealand) (represented by: L. Prehn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Gilmar SpA (San Giovanni in Marignano (Rimini), Italy)

Form of order sought







—


Reverse the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 January 2009 in case R 1536/2007-4 and approve for registration for goods in class 25 the Community trade mark concerned; and










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ICEBREAKER’, for goods in classes 9, 24 and 25 — application No 3 205 523

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Italian trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; International trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; Spanish trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; Italian trade mark registration of the word mark ‘ICE’ for goods in class 25; International trade mark registration of the word mark ‘ICE’ for goods in class 25

Decision of the Opposition Division: Partially allowed the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that there is a likelihood of confusion between the trade marks concerned.
Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 316, 28.12.2007, p. 1 ; OJ C 134, 31.5.2008, p. 16 ; OJ C 177, 12.7.2008, p. 9 ; OJ C 200, 6.8.2008, p. 10 ; OJ C 331, 31.12.2008, p. 13 ; OJ C 3, 8.1.2009, p. 10 ; OJ C 37, 14.2.2009, p. 10 )
Date: 2009-03-19
Institutions: European Commission
Subjects: Schengen Agreement, Sweden, access to information, exchange of information, external border of the EU, free movement of persons, internal border of the EU

C 64/20

EN

Official Journal of the European Union

19.3.2009

Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC)
No 562/2006 of the European Parliament and of the Council establishing a Community Code on the
rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 316,
28.12.2007, p. 1; OJ C 134, 31.5.2008, p. 16; OJ C 177, 12.7.2008, p. 9; OJ C 200, 6.8.2008, p. 10;
OJ C 331, 31.12.2008, p. 13; OJ C 3, 8.1.2009, p. 10; OJ C 37, 14.2.2009, p. 10)

(2009/C 64/08)

The publication of
the list of border crossing points referred to in Article 2(8) of Regulation (EC)
No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community
Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on
the information communicated by the Member States to the Commission in conformity with Article 34 of
the Schengen Borders Code.

In addition to the publication in the Official Journal, a monthly update is available on the website of Direc-
torate-General for Justice, Freedom and Security.

SWEDEN

Amendment of the information published in OJ C 316, 28.12.2007

Air borders

New border crossing point (was opened on 1 February 2009):

Pajala-Ylläs Airport (in the municipality of Pajala)
Commission Regulation (EC) No 228/2009 of 19 March 2009 on the issue of import licences for applications lodged during the first seven days of March 2009 under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat originating in Israel
Date: 2009-03-19
Institutions: European Commission
Subjects: Israel, import licence, import policy, import refund, originating product, poultrymeat, tariff quota

20.3.2009

EN

Official Journal of the European Union

L 74/9

COMMISSION REGULATION (EC) No 228/2009

of 19 March 2009

on the issue of import licences for applications lodged during the first seven days of March 2009
under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat originating in
Israel

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),

The applications for import licences lodged during the first
seven days of March 2009 for the subperiod from 1 April to
30 June 2009 do not cover the quantities available. The quan­
tities for which applications have not been lodged should
therefore be determined, and these should be added to the
quantity fixed for the following quota subperiod,

Having regard to Commission Regulation (EC) No 1301/2006
of 31 August 2006 laying down common rules for the admin­
istration of
for agricultural products
managed by a system of import licences (2), and in particular
Article 7(2) thereof,

tariff quotas

import

Having regard to Commission Regulation (EC) No 1384/2007
of 26 November 2007 laying down detailed rules for the appli­
cation of Council Regulation (EC) No 2398/96 as regards
the administration of certain
opening and providing for
quotas
into the Community of poultrymeat
products originating in Israel (3), and in particular Article 5(5)
thereof,

imports

for

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which applications have not been lodged, to
be added to the quantity fixed for the subperiod from 1 July to
30 September 2009, are set out in the Annex hereto.

This Regulation shall enter into force on 20 March 2009.

Article 2

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

Done at Brussels, 19 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 238, 1.9.2006, p. 13.
(3) OJ L 309, 27.11.2007, p. 40.

L 74/10

EN

Official Journal of the European Union

20.3.2009

ANNEX

Group No

Order No

Allocation coefficient for import
licence applications lodged for the
subperiod from 1.4.2009-30.6.2009
(%)

Quantities not applied for, to be
added to the quantity for the
subperiod from 1.7.2009-30.9.2009
(kg)

IL1

IL2

09.4092

09.4091

(1)

(2)

570 600

280 000

(1) Not applicable: the applications do not cover the total quantity available.
(2) Not applicable: no licence application has been sent to the Commission.