do-me/EUR-LEX huggingface dataset:
Case C-113/07 P: Judgment of the Court (Second Chamber) of 26 March 2009 — Selex Sistemi Integrati SpA. v Commission of the European Communities, European Organisation for the Safety of Air Navigation (Eurocontrol) (Appeals — Competition — Article 82 EC — Concept of an undertaking — Economic activity — International organisation — Abuse of a dominant position)
Date: 2009-03-26
Institutions: Court of Justice
Subjects: Eurocontrol, European Commission, administrative cooperation, appeal, complaint to the Commission, dominant position, intellectual property, restriction on competition








C_2009113EN.01000401.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/4





Judgment of the Court (Second Chamber) of 26 March 2009 — Selex Sistemi Integrati SpA. v Commission of the European Communities, European Organisation for the Safety of Air Navigation (Eurocontrol)
(Case C-113/07 P) (1)

(Appeals - Competition - Article 82 EC - Concept of an ‘undertaking’ - Economic activity - International organisation - Abuse of a dominant position)
2009/C 113/06
Language of the case: Italian

Parties


Appellant: Selex Sistemi Integrati SpA (represented by: F. Sciaudone, R. Sciaudone and D. Fioretti, avvocati)

Other parties to the proceedings: Commission of the European Communities, European Organisation for the Safety of Air Navigation (Eurocontrol) (represented by: F. Montag and T. Wessely, Rechtsanwälte)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) delivered on 12 December 2006 in Case T-155/04 Selex Sistemi Integrati v Commission by which that Court dismissed an application for annulment or amendment of the Commission’s decision of 12 February 2004 rejecting the complaint lodged by Selex concerning an alleged infringement by Eurocontrol of the provisions of the EC Treaty relating to competition

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Selex Sistemi Integrati SpA to pay, in addition to its own costs, those incurred by the Commission of the European Communities and half the costs incurred by the European Organisation for the Safety of Air Navigation (Eurocontrol);










3.


Orders the European Organisation for the Safety of Air Navigation to pay half its own costs.






(1)  OJ C 117, 26.5.2007.
Case T -125/09: Action brought on 26 March 2009 — Gruener Janura AG v OHIM — Centum Aqua Marketing (HUNDERTWASSER)
Date: 2009-03-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), agricultural production, plastics, trade-mark law








C_2009129EN.01001702.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/17





Action brought on 26 March 2009 — Gruener Janura AG v OHIM — Centum Aqua Marketing (HUNDERTWASSER)
(Case T -125/09)
2009/C 129/30
Language in which the application was lodged: German

Parties


Applicant: Gruener Janura AG (represented by: P. Endres, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Centum Aqua Marketing GmbH (Magdeburg, Germany)

Form of order sought







—


Reject application No 4491891 for the trade mark ‘Hundertwasser’ for the following goods and services:






—


Class 20: Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics;










—


Class 30: Sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; confectionery, candyfloss;










—


Class 31: Agricultural, horticultural and forestry products and grains not included in other classes; live animals; seeds, natural plants and flowers; foodstuffs for animals; malt; products from organic farming, flowers, arrangements, plant arrangements;










—


Class 35: Advertising, marketing concepts;










—


Class 39: Transport, packaging and storage of goods; travel arrangement, exhibition guides, city and building guides, tourist services, package holidays;














—


Order the applicant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Centum Aqua Marketing GmbH

Community trade mark concerned: the word mark ‘HUNDERTWASSER’ for goods and services in Classes 20, 25, 30, 31, 32, 35, 39 and 42 (application No 4 491 891)

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: the word mark ‘FRIEDENSREICH HUNDERTWASSER’ for goods and services in Classes 3, 16, 19, 24, 25, 27, 32 and 33 (Community trade mark No 1 825 629) and the word mark ‘HUNDERTWASSER’ for goods and services in Classes 14, 16, 18, 19, 21, 24, 41 and 42 (Community trade mark No 1 931 393)

Decision of the Opposition Division: partial rejection of the opposition

Decision of the Board of Appeal: annulment of the Opposition Division’s decision and partial upholding of the appeal as well as partial rejection of the application

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 as there is a likelihood of confusion between the marks at issue
Non-opposition to a notified concentration (Case COMP/M.5364 — Iberia/Vueling/Clickair) Text with EEA relevance
Date: 2009-03-26
Institutions: European Commission
Subjects: air transport, carriage of passengers, economic concentration, exchange of information, freight rate, maintenance, merger control

26.3.2009

EN

Official Journal of the European Union

C 72/23

Non-opposition to a notified concentration

(Case COMP/M.5364 — Iberia/Vueling/Clickair)

(Text with EEA relevance)

(2009/C 72/02)

On 9 January 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) in conjunction with
Article 6(2) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in
Spanish 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 32009M5364. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-348/07: Judgment of the Court (First Chamber) of 26 March 2009 (reference for a preliminary ruling from the Landgericht Hamburg (Germany)) — Turgay Semen v Deutsche Tamoil GmbH (Directive 86/653/EEC — Article 17 — Self-employed commercial agents — Termination of a contract — Right to an indemnity — Determining the amount of the indemnity)
Date: 2009-03-26
Institutions: Court of Justice
Subjects: Germany, indemnification, interpretation of the law, termination of a contract








C_2009113EN.01000801.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/8





Judgment of the Court (First Chamber) of 26 March 2009 (reference for a preliminary ruling from the Landgericht Hamburg (Germany)) — Turgay Semen v Deutsche Tamoil GmbH
(Case C-348/07) (1)

(Directive 86/653/EEC - Article 17 - Self-employed commercial agents - Termination of a contract - Right to an indemnity - Determining the amount of the indemnity)
2009/C 113/14
Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings


Applicant: Turgay Semen

Defendant: Deutsche Tamoil GmbH

Re:

Reference for a preliminary ruling — Landgericht Hamburg — Interpretation of Article 17(2)(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ 1986 L 382, p. 17) — Entitlement of commercial agent to an indemnity after termination of the agency contract — Determination of the amount of that indemnity in a situation in which the benefits which the principal continues to derive from business with customers which the commercial agent brought exceed the latter’s loss of commission

Operative part of the judgment







1.


Article 17(2)(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents is to be interpreted to the effect that it is not possible automatically to limit the indemnity to which a commercial agent is entitled by the amount of commission lost as a result of the termination of the agency contract, even though the benefits which the principal continues to derive have to be given a higher monetary value.










2.


Article 17(2)(a) of Directive 86/653 is to be interpreted to the effect that, where the principal belongs to a group of companies, benefits accruing to other companies of that group are not, in principle, deemed to be benefits accruing to the principal and, consequently, do not necessarily have to be taken into account for the purposes of calculating the amount of indemnity to which a commercial agent is entitled.






(1)  OJ C 235, 6.10.2007.
Euro exchange rates
Date: 2009-03-26
Institutions: European Commission
Subjects: euro, exchange rate

C 72/24

EN

Official Journal of the European Union

26.3.2009

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

25 March 2009

(2009/C 72/03)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

TRY

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Turkish lira

1,3494

AUD Australian dollar

132,24

7,4486

0,92425

10,9565

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9310

1,6598

10,4580

2,3847

2,0376

1,5230

KRW South Korean won

1 837,68

8,7275

1,9558

27,290

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

300,22

3,4528

0,7095

4,5600

4,2811

2,2433

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,8317

9,2176

7,4750

15 754,25

4,8956

64,880

45,4110

47,890

3,0442

19,3909

68,3740

(1) Source: reference exchange rate published by the ECB.
Case C-326/07: Judgment of the Court (Third Chamber) of 26 March 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Articles 43 EC and 56 EC — Articles of association of privatised undertakings — Criteria for the exercise of certain special powers held by the State)
Date: 2009-03-26
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, business management, interpretation of the law, political power, private sector








C_2009113EN.01000702.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/7





Judgment of the Court (Third Chamber) of 26 March 2009 — Commission of the European Communities v Italian Republic
(Case C-326/07) (1)

(Failure of a Member State to fulfil obligations - Articles 43 EC and 56 EC - Articles of association of privatised undertakings - Criteria for the exercise of certain special powers held by the State)
2009/C 113/13
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and H. Støvlbæk, acting as Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, acting as Agent, and P. Gentili, avvocato dello Stato)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 43 EC and 56 EC — Clause introduced into the statutes of certain privatised undertakings concerning the exercise of various special powers

Operative part of the judgment

The Court:






1.


Declares that, by adopting the provisions contained in Article 1(2) of the Decree of the President of the Council of Ministers of 10 June 2004 defining the criteria for the exercise of the special powers referred to in Article 2 of Decree-Law No 332 of 31 May 1994, converted into law with amendments by Law No 474 of 30 July 1994 (decreto del Presidente del Consiglio dei Ministri, definizione dei criteri di esercizio dei poteri speciali, di cui all’art. 2 del decreto-legge 31 maggio 1994, n. 332, convertito, con modificazioni, dalla legge 30 luglio 1994, n. 474), the Italian Republic has failed to fulfil its obligations:






—


under Articles 43 EC and 56 EC, in so far as those provisions apply to the special powers provided by Article 2(1)(a) and (b) of the Decree-Law, as amended by Law No 350 of 24 December 2003 relating to the provisions for drawing up the annual and pluriannual budget of the State (Finance Law for 2004) (legge No 350, disposizioni per la formazione del bilancio annuale e pluriennale dello Stato (legge finanziaria 2004), and










—


under Article 43 EC, in so far as those provisions apply to the special power provided by Article 2(1)(c) of the Decree-Law;














2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 247, 20.10.2007.
Commission Regulation (EC) No 255/2009 of 26 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-03-26
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

27.3.2009

EN

Official Journal of the European Union

L 81/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 255/2009

of 26 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 27 March 2009.

Article 2

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

Done at Brussels, 26 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 81/2

EN

Official Journal of the European Union

27.3.2009

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

JO
MA
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
US
ZA
ZZ

82,5
68,6
57,6
134,4
91,7
87,0

167,2
69,5
151,3
129,3

43,6
84,4
64,0

60,4
60,4

41,2
61,0
42,8
57,1
76,0
55,6

53,9
53,9

75,7
79,2
78,6
84,5
70,5
23,7
112,0
57,1
83,6
73,9

97,3
136,2
48,8
194,4
89,6
113,3

(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 C-146/08 P: Order of the Court of 26 March 2009 — Efkon AG v European Parliament, Council of the European Union, Commission of the European Communities (Appeal — Directive 2004/52/EC — Interoperability of electronic road toll systems in the Community — Appeal manifestly inadmissible or manifestly unfounded)
Date: 2009-03-26
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), admissibility, competition law, intellectual property, new technology, patent, toll








C_2009205EN.01001401.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/14





Order of the Court of 26 March 2009 — Efkon AG v European Parliament, Council of the European Union, Commission of the European Communities
(Case C-146/08 P) (1)

(Appeal - Directive 2004/52/EC - Interoperability of electronic road toll systems in the Community - Appeal manifestly inadmissible or manifestly unfounded)
2009/C 205/25
Language of the case: German

Parties


Appellant: Efkon AG (represented by: M. Novak, Rechtsanwalt)

Other parties to the proceedings: European Parliament (represented by: U. Rösslein and A. Neergaard, Agents), Council of the European Union (represented by: M. Bauer and E. Karlsson, Agents), Commission of the European Communities (represented by: N. Yerrell and G. Braun, Agent)

Re:

Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 22 January 2008 in Case T-298/04 Efkon v Parliament and Council, by which the Court of First Instance dismissed as inadmissible the action seeking annulment of Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (OJ 2004 L 166, p. 124) — Requirement of being individually concerned by the contested act — Right to be heard before a court — Length of the proceedings before the Court of First Instance

Operative part of the order

The Court:






1.


Dismisses the appeal.










2.


Orders Efkon AG to pay the costs.






(1)  OJ C 171, 05.07.2008.
Case C-559/07: Judgment of the Court (Third Chamber) of 26 March 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Social policy — Article 141 EC — Equal pay for male and female workers — National civil and military pension regime — Different treatment with regard to retirement age and minimum required service — Justification — Absence)
Date: 2009-03-26
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, equal treatment, gender equality, pension scheme, retirement conditions








C_2009113EN.01000901.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/9





Judgment of the Court (Third Chamber) of 26 March 2009 — Commission of the European Communities v Hellenic Republic
(Case C-559/07) (1)

(Failure of a Member State to fulfil obligations - Social policy - Article 141 EC - Equal pay for male and female workers - National civil and military pension regime - Different treatment with regard to retirement age and minimum required service - Justification - Absence)
2009/C 113/16
Language of the case: Greek

Parties


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

Defendant: Hellenic Republic (represented by: F. Spathopoulos, K. Bokovits, A. Samoni-Rantou, E.-M. Mamouna and S. Vodina, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 141 EC — Infringement of the principle of equal pay for male and female workers — National civil and military retirement pensions regime prescribing a retirement age that can vary according to sex

Operative part of the judgment

The Court:






1.


Declares that, by maintaining in force provisions which provide for differences between male and female workers with regard to retirement age and minimum required service under the Greek Civil and Military Pensions Code instituted by Presidential Decree No 166/2000 of 3 July 2000, in the version applicable to the present case, the Hellenic Republic has failed to fulfil its obligations under Article 141 EC;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 37, 9.2.2008.
Case F-31/09: Action brought on 26 March 2009 — Noël v Council
Date: 2009-03-26
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, European official, action for annulment (EU), professional career








C_2009129EN.01002201.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/22





Action brought on 26 March 2009 — Noël v Council
(Case F-31/09)
2009/C 129/38
Language of the case: French

Parties


Applicant: Isabelle Noël (Rosières-Saint-André, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision appointing the applicant a probationary official to the extent that that decision affects his AST 1-7 career path.

Form of order sought







—


Annul the decision of 13 November 2006 appointing the applicant an official to the extent that that decision affects his AST 1-7 career path;










—


Order the Council of the European Union to pay the costs.
Case C-524/08: Order of the President of the Court of 26 March 2009 — Commission of the European Communities v Republic of Portugal
Date: 2009-03-26
Institutions: Court of Justice
Subjects: European Commission, Portugal, ordinance








C_2009180EN.01003604.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/36





Order of the President of the Court of 26 March 2009 — Commission of the European Communities v Republic of Portugal
(Case C-524/08) (1)

2009/C 180/65

Language of the case: Portuguese

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


(1)  OJ C 19, 24.1.2009.
Case C–213/08: Order of the President of the Court of 26 March 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-03-26
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, ordinance








C_2009220EN.01003002.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/30





Order of the President of the Court of 26 March 2009 — Commission of the European Communities v Kingdom of Spain
(Case C–213/08) (1)

2009/C 220/58

Language of the case: Spanish

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


(1)  OJ C 197, 2.8.2008.