do-me/EUR-LEX huggingface dataset:
2009/307/EC: Council Decision of 30 March 2009 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Deutsche Bundesbank
Date: 2009-03-30
Institutions: Council of the European Union
Subjects: European Commissioner, Germany, accountant, central bank, self-employed person




L_2009090EN.01002201.xml










2.4.2009   


EN


Official Journal of the European Union


L 90/22








            COUNCIL DECISION
         
of 30 March 2009
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Deutsche Bundesbank
(2009/307/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,


Having regard to Recommendation ECB/2009/3 of the European Central Bank of 16 February 2009 to the Council of the European Union on the external auditors of the Deutsche Bundesbank (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


The mandate of the current external auditors of the Deutsche Bundesbank will end after the audit for the financial year 2008. It is therefore necessary to appoint an external auditor from the financial year 2009.












(3)


The Deutsche Bundesbank has selected Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft as its external auditor for the financial years 2009 to 2014.












(4)


The Governing Council of the ECB recommended that Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft should be appointed as the external auditor of the Deutsche Bundesbank for the financial years 2009 to 2014.












(5)


It is appropriate to follow the recommendation of the Governing Council of the ECB and amend Decision 1999/70/EC (2) accordingly,





HAS DECIDED AS FOLLOWS:



Article 1
Article 1(2) of Decision 1999/70/EC shall be replaced by the following:

‘2.   Ernst & Young AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft is hereby approved as the external auditor of the Deutsche Bundesbank for the financial years 2009 to 2014.’.



Article 2
This Decision shall be notified to the ECB.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 30 March 2009.


For the Council


The President

P. BENDL
            





(1)  
            OJ C 43, 21.2.2009, p. 1.

(2)  
            OJ L 22, 29.1.1999, p. 69.
Council Decision of 30 March 2009 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2009-03-30
Institutions: Council of the European Union
Subjects: Cedefop, European official, accession to the European Union, appointment of members








C_2009083EN.01002401.xml










7.4.2009   


EN


Official Journal of the European Union


C 83/24






COUNCIL DECISION

of 30 March 2009
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2009/C 83/08
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nominations submitted by the ITALIAN Government,
Whereas:






(1)


By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.










(2)


A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ing. Enrico Eugenio CECCOTTI.










(3)


The Italian member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,




HAS DECIDED AS FOLLOWS:
Sole Article
The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

GOVERNMENT REPRESENTATIVE

ITALY: Dott. Filippo MAZZOTTI

Done at Brussels, 30 March 2009.


For the Council


The President

P. BENDL





(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 240, 5.10.2006, p. 1.
Case T-134/09: Action brought on 30 March 2009 — B Antonio Basile 1952 and I Marchi Italiani v OHIM
Date: 2009-03-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, trade-mark law








C_2009141EN.01004801.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/48





Action brought on 30 March 2009 — B Antonio Basile 1952 and I Marchi Italiani v OHIM
(Case T-134/09)
2009/C 141/100
Language in which the application was lodged: Italian

Parties


Applicants: B Antonio Basile 1952 (Giugliano, Italy) and I Marchi Italiani (Naples, Italy) (represented by: G. Militerni, lawyer)

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

Other party/parties to the proceedings before the Board of Appeal of OHIM: Osra SA (Rovereta, Italy)

Form of order sought







—


Annul the decision of the Second Board of Appeal dated 09.01.2009, notified to the applicants in the present case on 30.01.2009 in proceedings R 1436/2007-2, between Antonio Basile, operating as a sole proprietorship ‘B Antonio Basile 1952’ and Osra S.A., which upheld the decision of the Cancellation Division, which allowed the application for revocation and declaration of invalidity of the mark ‘B Antonio Basile 1952’, following the action brought by Osra S.A.;










—


Declare the registration of the mark ‘B Antonio Basile 1952’ to be valid and effective as from the date of filing of the application and/or registration of that mark;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the wording ‘B Antonio Basile 1952’ (Community trade mark application No 1 462 555), for goods in Classes 14, 18 and 25

Proprietor of the Community trade mark: The applicants.

Applicant for the declaration of invalidity: Osra S.A.

Trade mark right of applicant for the declaration: Word mark ‘BASILE’ (Italian registration No 287 030 and international registration No R 413 396 B) for goods in Class 25.

Decision of the Cancellation Division: Declared the trade mark in question to be partially invalid in relation to goods in Class 25.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: The grounds put forward in the present action are the same as those in Case T-133/09.
Case F-29/09: Action brought on 30 March 2009 — Lebedef and Jones v Commission
Date: 2009-03-30
Institutions: Civil Service Tribunal
Subjects: European Commission, Luxembourg, action for annulment (EU), purchasing power, remuneration of work








C_2009129EN.01002102.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/21





Action brought on 30 March 2009 — Lebedef and Jones v Commission
(Case F-29/09)
2009/C 129/36
Language of the case: French

Parties


Applicants: Giorgio Lebedef (Senningerberg, Luxembourg) and Trevor Jones (Ernzen, Luxembourg)) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision to refuse to increase the purchasing power of salaries in Luxembourg to a level equivalent to that of the purchasing power of salaries in Brussels and, second, annulment of the applicants’ pay slips issued from 15 June 2008.

Form of order sought







—


Annul the implied decision to refuse to increase the purchasing power of salaries in Luxembourg to a level equivalent to that of the purchasing power of salaries in Brussels;










—


Annul, secondly, the applicants’ pay slips issued for the period from 15 June 2008;










—


Order the Commission of the European Communities to pay the costs.
2009/304/EC: Commission Decision of 30 March 2009 appointing 12 members of the European Statistical Advisory Committee (Text with EEA relevance)
Date: 2009-03-30
Institutions: European Commission
Subjects: EU statistics, Eurostat, appointment of members, governance, national statistics

L 84/44

EN

Official Journal of the European Union

31.3.2009

COMMISSION

COMMISSION DECISION

of 30 March 2009

appointing 12 members of the European Statistical Advisory Committee

(Text with EEA relevance)

(2009/304/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Decision No 234/2008/EC of the European
Parliament and of the Council of 11 March 2008 establishing
the European Statistical Advisory Committee and repealing
91/116/EEC (1),
particular
Council
Article 4(1)(a) thereof,

Decision

and

in

endeavour

appointment of

the
those 12 members,
In the
they
that
Commission shall
represent,
respondents, and
other stakeholders in Community statistics (including
the scientific community, the social partners and civil
society),

in equal measure, users,

to ensure

HAS DECIDED AS FOLLOWS:

Article 1

After consultation of the Council,

After consultation of the European Parliament,

The persons named in the Annex are hereby appointed as
members of the European Statistical Advisory Committee for
a term of five years.

Whereas:

Article 2

(1)

(2)

(3)

The European Statistical Advisory Committee comprises
24 members.

According to Article 4(1) of Decision No 234/2008/EC,
12 members shall be appointed by the Commission, after
consulting the European Parliament and the Council.

Member States have provided the Commission with a list
of candidates with a well-established qualification in the
field of statistics.

This Decision shall take effect on the day of its adoption.

Done at Brussels, 30 March 2009.

For the Commission

Joaquín ALMUNIA
Member of the Commission

(1) OJ L 73, 15.3.2008, p. 13.

31.3.2009

EN

Official Journal of the European Union

L 84/45

ANNEX

Karl Andrea FEMRELL

Ladislav KABÁT

Lea KAUPPI

Irena E. KOTOWSKA

Denise Anne LIEVESLEY

Hristina MITREVA

Luca PAOLAZZI

Robert ROCHEFORT
Julio RODRĺGUEZ LÓPEZ

Ineke STOOP

Hartmut TOFAUTE

Brendan WALSH
2009/320/EC: Council Decision of 30 March 2009 endorsing the European Air Traffic Management Master Plan of the Single European Sky ATM Research (SESAR) project
Date: 2009-03-30
Institutions: Council of the European Union
Subjects: air space, air traffic, air transport, airline, carrier, organisation of transport, research programme, trans-European network








L_2009095EN.01004101.xml










9.4.2009   


EN


Official Journal of the European Union


L 95/41








            COUNCIL DECISION
         
of 30 March 2009
         
endorsing the European Air Traffic Management Master Plan of the Single European Sky ATM Research (SESAR) project
(2009/320/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 1(2) of Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (1),


Having regard to the proposal from the Commission,


Having regard to the Council Resolution of 30 March 2009 on endorsement of the European Air Traffic Management Master Plan of the Single European Sky ATM Research (SESAR) project,


Whereas, the initial version of the European Air Traffic Management Master Plan, resulting from the definition phase of the SESAR project, with major contributions from relevant private stakeholders, constitutes the basis for establishing the SESAR Joint Undertaking’s work programme and the development phase of the SESAR project, subject to the conclusion of sufficient membership agreements,

HAS DECIDED AS FOLLOWS:



Sole Article
The European Air Traffic Management Master Plan of the Single European Sky ATM Research (SESAR) project is hereby endorsed.




Done at Brussels, 30 March 2009.


For the Council


The President

P. BENDL
            





(1)  
            OJ L 64, 2.3.2007, p. 1.
Case C-116/09: Reference for a preliminary ruling from the Bezirksgericht Ried i.I. (Austria) lodged on 30 March 2009 — Criminal proceedings against Antonio Formato, Lenka Rohackova, Torsten Kuntz, Gardel Jong Aten, Hubert Kanatschnig, Jarmila Szabova, Zdenka Powerova, Nousia Nettuno
Date: 2009-03-30
Institutions: Court of Justice
Subjects: Austria, Bulgaria, EU Member State, Romania, accession to the European Union, game of chance, interpretation of the law, public limited company








C_2009129EN.01001001.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/10





Reference for a preliminary ruling from the Bezirksgericht Ried i.I. (Austria) lodged on 30 March 2009 — Criminal proceedings against Antonio Formato, Lenka Rohackova, Torsten Kuntz, Gardel Jong Aten, Hubert Kanatschnig, Jarmila Szabova, Zdenka Powerova, Nousia Nettuno
(Case C-116/09)
2009/C 129/16
Language of the case: German

Referring court

Bezirksgericht Ried i.I.

Defendants in the main proceedings

Antonio Formato, Lenka Rohackova, Torsten Kuntz, Gardel Jong Aten, Hubert Kanatschnig, Jarmila Szabova, Zdenka Powerova, Nousia Nettuno

Questions referred







1.


Is Article 43 EC (Treaty establishing the European Community, in the version of 2 October 1997, most recently amended by the Treaty of 25 April 2005 (1) concerning the accession of the Republic of Bulgaria and Romania to the European Union) to be interpreted as precluding a provision which provides that only public limited companies established in the territory of a particular Member State may there operate games of chance in casinos, thereby necessitating the establishment or acquisition of a company limited by shares in that Member State?










2.


Are Articles 43 EC and 49 EC to be interpreted as precluding a national monopoly on certain types of gaming, such as games of chance in casinos, if there is no consistent and systematic policy whatsoever in the Member State concerned to limit gaming, inasmuch as national licensed organisers encourage participation in gaming — such as public sports betting and lotteries — and advertise such gaming (on television and in newspapers and magazines) in a manner which goes as far as offering a cash payment for a lottery ticket shortly before the lottery draw is made (‘TOI TOI TOI — Believe in luck!’)?










3.


Are Articles 43 EC and 49 EC to be interpreted as precluding a provision under which all licences granting the right to operate games of chance and casinos are issued for a period of 15 years on the basis of a scheme under which Community competitors (not belonging to that Member State) are excluded from the tendering procedure?






(1)  OJ 2005 L 157, p. 11
Case T-124/09: Action brought on 30 March 2009 — Valigeria Roncato v OHIM — Roncato (CARLO RONCATO)
Date: 2009-03-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009129EN.01001701.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/17





Action brought on 30 March 2009 — Valigeria Roncato v OHIM — Roncato (CARLO RONCATO)
(Case T-124/09)
2009/C 129/29
Language in which the application was lodged: Italian

Parties


Applicant: Valigeria Roncato SpA (Campodarsego, Italy) (represented by: P. Perani, lawyer, and P. Pozzi, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Roncato Srl (Campodarsego, Italy)

Forms of order sought







—


Annul the decision of the First Board of Appeal of OHIM of 23 January 2009, notified on 30 January 2009, in joined cases R 237/2008-1 and R 263/2008-1;










—


Order the defendant and the other party to the proceedings to pay the costs of these proceedings, as well as those incurred in the proceedings before the Board of Appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: RONCATO Srl.

Community trade mark concerned: Word mark “CARLO RONCATO” (registration application No 4 631 719) for goods in Classes 3, 9 and 14.

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

Mark or sign cited in opposition: Italian figurative mark “RV RONCATO” (No 622 773), Italian word mark “RONCATO” (No. 510 528) and non-registered Italian figurative marks “RV RONCATO”.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Rejected the opposition and upheld the application for registration in its entirety.

Pleas in law: Misapplication of Article 8(4) and (5) of Regulation (EC) No 40/94 on the Community trade mark.
Commission Regulation (EC) No 261/2009 of 30 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-03-30
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

L 84/18

EN

Official Journal of the European Union

31.3.2009

COMMISSION REGULATION (EC) No 261/2009

of 30 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 31 March 2009.

Article 2

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

Done at Brussels, 30 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.

31.3.2009

EN

Official Journal of the European Union

L 84/19

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)

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

68,6
50,1
134,4
96,3
87,4

155,5
55,7
167,4
126,2

39,1
135,0
87,1

60,4
60,4

46,5
60,4
52,6
48,5
77,1
57,0

47,9
47,9

88,1
72,6
78,6
69,5
72,5
23,7
106,3
58,9
83,6
72,6

78,2
79,6
50,9
194,4
89,3
98,5

(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’.
2009/308/EC: Council Decision of 30 March 2009 appointing one Spanish alternate member of the Committee of the Regions
Date: 2009-03-30
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2009090EN.01002301.xml










2.4.2009   


EN


Official Journal of the European Union


L 90/23








            COUNCIL DECISION
         
of 30 March 2009
         
appointing one Spanish alternate member of the Committee of the Regions
(2009/308/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


An alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Jaime RABANAL GARCÍA,





HAS DECIDED AS FOLLOWS:



Article 1
The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:






—


Mr Javier VELASCO MANCEBO, Director de la Oficina de Representación del Principado de Asturias.






Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 30 March 2009.


For the Council


The President

P. BENDL
            





(1)  
            OJ L 56, 25.2.2006, p. 75.