do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 226/2009 of 19 March 2009 on the issue of import licences for applications lodged during the first seven days of March 2009 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2009-03-19
Institutions: European Commission
Subjects: animal protein, egg, egg product, import licence, import policy, tariff quota

20.3.2009

EN

Official Journal of the European Union

L 74/5

COMMISSION REGULATION (EC) No 226/2009

of 19 March 2009

on the issue of import licences for applications lodged during the first seven days of March 2009
under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg
sector and for egg albumin

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),

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 539/2007 of
15 May 2007 opening and providing for the administration of
tariff quotas in the egg sector and for egg albumin (3), and in
particular Article 5(6) thereof,

(1)

(2)

Regulation (EC) No 539/2007 opened tariff quotas for
imports of egg products and egg albumin.

The applications for import licences lodged during the
first seven days of March 2009 for the subperiod from
1 April to 30 June 2009 relate, for some quotas, to
quantities
to
exceeding those available. The
which import licences may be issued should therefore
be determined by establishing the allocation coefficient
to be applied to the quantities requested,

extent

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which import licence applications have been
lodged under Regulation (EC) No 539/2007 for the subperiod
from 1 April to 30 June 2009 shall be multiplied by the allo­
cation coefficients 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 128, 16.5.2007, p. 19.

L 74/6

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
(%)

E1

E2

E3

09.4015

09.4401

09.4402

(1)

38,158844

(2)

(1) Not applicable: no licence application has been sent to the Commission.
(2) Not applicable: the applications do not cover the total quantity available.
Case C-104/09: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 19 March 2009 — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA
Date: 2009-03-19
Institutions: Court of Justice
Subjects: Spain, equal treatment, gender equality, interpretation of the law, maternity leave, milk, national law, paternity leave, working time








C_2009141EN.01002203.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/22





Reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 19 March 2009 — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA
(Case C-104/09)
2009/C 141/40
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings


Applicant: Pedro Manuel Roca Álvarez

Defendant: Sesa Start España ETT SA

Question referred

Does a national law (specifically, Article 37.4 of the Workers’ Statute) which recognises only employed mothers, but not employed fathers, as holders of the right to paid leave in respect of the feeding of an unweaned child, — leave which consists of a half-hour reduction in the working day or an hour taken off from work that may be divided into two parts, which is voluntary, paid for by the employer and may be taken until the child is nine months old —, infringe the principle of equal treatment, which prohibits discrimination on grounds of sex, and is recognised in Article 13 of the Treaty, in Council Directive 76/207/EEC (1) of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, and in Directive 2002/73 (2) amending that Directive?


(1)  OJ 1976 L 39, p. 40.

(2)  OJ 2002 L 269, p. 15.
Prior notification of a concentration (Case COMP/M.5347 — Mapfre/Salvador Caetano/JVS) Text with EEA relevance
Date: 2009-03-19
Institutions: European Commission
Subjects: Portugal, Spain, economic concentration, exchange of information, general mechanical engineering, merger control, motor vehicle, motor vehicle insurance, retail selling, vehicle rental

C 64/40

EN

Official Journal of the European Union

19.3.2009

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5347 — Mapfre/Salvador Caetano/JVS)

(Text with EEA relevance)

(2009/C 64/13)

1.
On 11 March 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 undertakings Mapfre S.A. (‘Mapfre’,
Spain) and Grupo Salvador Caetano SGPS, S.A. (‘Salvador Caetano’, Portugal), acquire within the meaning of
Article 3(1)(b) of
the undertakings Choice Car-Comércio de
Automóveis, S.A. (‘Choice Car’, Portugal), Finlog-Aluguer e Comércio de Automóveis, S.A. (‘Finlog’, Portugal),
Guerin-Rent-A-Car (Dois), Lda (‘Guerin’, Portugal), and Luso Assistência — Gestâo de Acidentes, S.A. (‘Luso’,
Portugal), currently owned by Salvador Caetano, by way of purchase of shares.

the Council Regulation joint control of

2.

The business activities of the undertakings concerned are:

— for Mapfre: group of companies mainly providing insurance products,

including car

insurance

worldwide,

— for Salvador Caetano: group of companies active in car retailing and repair services in Portugal and

Spain,

— for Choice Car: car retailing in Portugal,

— for Finlog: fleet management services in Portugal,

— for Guerin: car rental in Portugal,

— for Luso: services ancillary to car accident management in Portugal.

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 2964301 or 2967244) or by post, under refer-
ence number COMP/M.5347 — Mapfre/Salvador Caetano/JVS, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
1049 Brussels
BELGIQUE/BELGIË

(1) OJ L 24, 29.1.2004, p. 1.
Commission Regulation (EC) No 211/2009 of 18 March 2009 on the issuing of import licences for applications lodged during the first seven days of March 2009 under the tariff quota opened by Regulation (EC) No 1399/2007 for sausages and certain meat products originating in Switzerland
Date: 2009-03-19
Institutions: European Commission
Subjects: Switzerland, import, meat product, originating product, tariff quota

19.3.2009

EN

Official Journal of the European Union

L 73/3

COMMISSION REGULATION (EC) No 211/2009

of 18 March 2009

on the issuing of import licences for applications lodged during the first seven days of March 2009
under the tariff quota opened by Regulation (EC) No 1399/2007 for sausages and certain meat
products originating in Switzerland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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),

Having regard to Commission Regulation (EC) No 1399/2007
of 28 November 2007 opening and providing for the admi­
nistration of a tariff quota for sausages and certain meat
products originating in Switzerland (2)
and in particular
Article 5(5) thereof,

Whereas:

The applications for import licences lodged during the
first seven days of March 2009 for the subperiod 1 April
to 30 June 2009 do not cover
the total quantity
available. The quantities 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,

HAS ADOPTED THIS REGULATION:

Article 1

The quantities for which import licence applications under the
quota bearing the serial number 09.4180 have not been lodged
pursuant to Regulation (EC) No 1399/2007, to be added to the
subperiod 1 July to 30 September 2009, shall be 929 000 kg.

(1)

Regulation (EC) No 1399/2007 opened a tariff quota for
imports of sausages and certain meat products.

This Regulation shall enter into force on 19 March 2009.

Article 2

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

Done at Brussels, 18 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 311, 29.11.2007, p. 7.
Case C-245/08: Judgment of the Court (Eighth Chamber) of 19 March 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Free movement of persons — Freedom to provide services — Right of establishment — Adjustments consequent on the accession of the Republic of Bulgaria and Romania)
Date: 2009-03-19
Institutions: Court of Justice
Subjects: Bulgaria, European Commission, Portugal, Romania, accession to the European Union, action for failure to fulfil an obligation, free movement of persons, national implementing measure








C_2009113EN.01001201.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/12





Judgment of the Court (Eighth Chamber) of 19 March 2009 — Commission of the European Communities v Portuguese Republic
(Case C-245/08) (1)

(Failure of a Member State to fulfil its obligations - Free movement of persons - Freedom to provide services - Right of establishment - Adjustments consequent on the accession of the Republic of Bulgaria and Romania)
2009/C 113/22
Language of the case: Portuguese

Parties


Applicant: Commission of the European Communities (represented by: P. Andrade and H. Støvlbæk, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and F. Fraústo de Azevedo, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to have adopted, within the time-limit prescribed, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the time-limit prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Portuguese Republic has failed to fulfil its obligations under Article 2(1) of that directive;










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 183, 19.7.2008.
Case C-510/06 P: Judgment of the Court (First Chamber) of 19 March 2009 — Archer Daniels Midland Co. v Commission of the European Communities (Appeal — Competition — Agreements, decisions and concerted practices — Sodium gluconate market — Fines — Guidelines on the method of setting fines — Community competition policy — Equal treatment — Turnover to be taken into account — Attenuating circumstances)
Date: 2009-03-19
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), appeal, chemical industry, dominant position, economic concentration, fine








C_2009113EN.01000302.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/3





Judgment of the Court (First Chamber) of 19 March 2009 — Archer Daniels Midland Co. v Commission of the European Communities
(Case C-510/06 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Sodium gluconate market - Fines - Guidelines on the method of setting fines - Community competition policy - Equal treatment - Turnover to be taken into account - Attenuating circumstances)
2009/C 113/05
Language of the case: English

Parties


Appellant: Archer Daniels Midland Co. (represented by: M. Garcia, Solicitor)

Other party to the proceedings: Commission of the European Communities (represented by: A. Bouquet and X. Lewis, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 27 September 2006 in Case T-329/01 Archer Daniels Midland Co. v Commission, by which the Court dismissed an action for annulment of Articles 1 and 3 of Commission Decision C(2001)2931 final of 2 October 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/36.756 — Sodium Gluconate) and, in the alternative, for a reduction in the fine imposed on the applicant

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Archer Daniels Midland Co. to pay the costs.






(1)  OJ C 56, 10.3.2007.
Case T-349/07 and T-350/07: Order of the Court of First Instance of 19 March 2009 — FMC Chemical and Others v Commission
Date: 2009-03-19
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product








C_2009113EN.01004402.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/44





Order of the Court of First Instance of 19 March 2009 — FMC Chemical and Others v Commission
(Case T-349/07 and T-350/07) (1)

2009/C 113/89

Language of the case: English

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


(1)  OJ C 269, 10.11.2007.
Non-opposition to a notified concentration (Case COMP/M.5438 — NBC Universal/De Agostini Communications/IMI Investimenti/Cattleya) Text with EEA relevance
Date: 2009-03-19
Institutions: European Commission
Subjects: Italy, audiovisual industry, audiovisual production, cable distribution, economic concentration, exchange of information, film production, investment, merger control

19.3.2009

EN

Official Journal of the European Union

C 64/13

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.5433 — Sanacorp/V.D. Linde)

(Text with EEA relevance)

(2009/C 64/03)

On 4 March 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 Regulation (EC)
No 139/2004. The full text of the decision is available only in German 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 32009M5433. EUR-Lex is the

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

(Case COMP/M.5438 — NBC Universal/De Agostini Communications/IMI Investimenti/Cattleya)

Non-opposition to a notified concentration

(Text with EEA relevance)

(2009/C 64/04)

On 2 March 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 Regulation (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 32009M5438. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-270/07: Judgment of the Court (First Chamber) of 19 March 2009 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Common agricultural policy — Fees relating to veterinary inspections and controls — Directive 85/73/EEC — Regulation (EC) No 882/2004)
Date: 2009-03-19
Institutions: Court of Justice
Subjects: Germany, action for failure to fulfil an obligation, common agricultural policy, tax system, veterinary inspection








C_2009113EN.01000502.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/5





Judgment of the Court (First Chamber) of 19 March 2009 — Commission of the European Communities v Federal Republic of Germany
(Case C-270/07) (1)

(Failure of a Member State to fulfil obligations - Common agricultural policy - Fees relating to veterinary inspections and controls - Directive 85/73/EEC - Regulation (EC) No 882/2004)
2009/C 113/09
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: F. Erlbacher and A. Szmytkowska, acting as Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, acting as Agents, and by U. Karpenstein, Rechtsanwalt)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 1 and Article 5(3) and (4) of Council Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1985 L 32, p. 14), as amended by Council Directive 97/79/EC of 18 December 1997 (OJ 1997 L 24, p. 31), and of Article 27(2), (4) and (10) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ 2004 L 165, p. 1), as amended by Commission Regulation (EC) No 776/2006 of 23 May 2006 (OJ 2006 L 136, p. 3) — National rules on the health inspection of meat also allowing, over and above the Community fee, the collection of an additional specific fee equivalent to the costs of bacteriological examinations of fresh meat

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Commission of the European Communities to pay the costs.






(1)  OJ C 199, 25.8.2007.