do-me/EUR-LEX huggingface dataset:
Recommendation of the European Central Bank of 3 April 2009 to the Council of the European Union on the external auditors of De Nederlandsche Bank (ECB/2009/8)
Date: 2009-04-03
Institutions: European Central Bank
Subjects: European Central Bank, Netherlands, account, accountant, auditing








C_2009093EN.01000101.xml










22.4.2009   


EN


Official Journal of the European Union


C 93/1






RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 3 April 2009
to the Council of the European Union on the external auditors of De Nederlandsche Bank
(ECB/2009/8)
2009/C 93/01
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


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










(2)


On 12 July 2005, Josephus Andreas Nijhuis, registered accountant and chairman of the board of PricewaterhouseCoopers Accountants N.V. (‘PWC’), acting in his personal capacity, was appointed as the external auditor of De Nederlandsche Bank (DNB) from the financial year 2005 for an indefinite period.










(3)


Josephus Andreas Nijhuis resigned from PWC with effect from 1 October 2008. It is therefore necessary for DNB to appoint new auditors.










(4)


DNB wishes to select PWC as its external auditors for the financial years 2008 to 2011,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that PricewaterhouseCoopers Accountants N.V. should be appointed as the external auditors of De Nederlandsche Bank for the financial years 2008 to 2011.

Done at Frankfurt am Main, 3 April 2009.


The President of the ECB

Jean-Claude TRICHET
Case C-124/09: Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 3 April 2009 — Smit Reizen BV v Minister van Verkeer en Waterstaat
Date: 2009-04-03
Institutions: Court of Justice
Subjects: European social policy, Netherlands, harmonisation of standards, interpretation of the law, trading account








C_2009129EN.01001101.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/11





Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 3 April 2009 — Smit Reizen BV v Minister van Verkeer en Waterstaat
(Case C-124/09)
2009/C 129/18
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Appellant: Smit Reizen BV

Respondent: Minister van Verkeer en Waterstaat

Questions referred







1.


Against the background of Article 1(5) of Council Regulation (EEC) No 3820/85 (1) of 20 December 1985 on the harmonisation of certain social legislation relating to road transport and of Article 15 of Council Regulation (EEC) No 3821/85 (2) of 20 December 1985 on recording equipment in road transport, how must the term ‘operating centre,’ as referred to in paragraph 21, and elsewhere, of the judgment of the Court of Justice in Case C-297/99 Skills Motor Coaches Ltd [2001] ECR I-573, be interpreted?










2.


For the assessment as to what constitutes rest for the purposes of Article 1(5) of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport, does it make any difference whether the driver concerned drives himself to a place where he is to take over a vehicle in which a tachograph must be installed or is driven there by someone else?






(1)  Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ 1985 L 370, p. 1).

(2)  Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ 1985 L 370, p. 8).
Case T-164/09: Action brought on 3 April 2009 — Kitou v European Data Protection Supervisor
Date: 2009-04-03
Institutions: Court of First Instance
Subjects: European Data Protection Supervisor, access to EU information, action for annulment (EU), confidentiality, data processing








C_2009153EN.01004403.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/44





Action brought on 3 April 2009 — Kitou v European Data Protection Supervisor
(Case T-164/09)
2009/C 153/88
Language of the case: French

Parties


Applicant: Erasmia Kitou (Brussels, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Data Protection Supervisor

Form of order sought







—


declare that Regulation (EC) No 1049/2001 is inapplicable;










—


in the alternative, declare an error of law in the application of Regulation (EC) No 1049/2001 in conjunction with Regulation (EC) No 45/2001;










—


consequently, annul the Decision of the European Data Protection Supervisor 2008-0600;










—


declare that the request for access to the document does not satisfy the conditions laid down in Regulation No 45/2001;










—


order the defendant to pay the costs.





Pleas in law and main arguments

The applicant seeks the annulment of the decision of the European Data Protection Supervisor by which the latter found that the disclosure during national legal proceedings of certain data concerning the applicant’s career in the Commission of the European Communities is not contrary to the provisions of Regulations No 45/2001 (1) and No 1049/2001. (2)

In support of its action, the applicant claims that:






—


the contested decision is unfounded inasmuch as it is based on Regulation No 1049/2001 which is inapplicable in the present case, since the request for access does not concern a document within the meaning of Regulation No 1049/2001, but exclusively an item of personal data.










—


even if Regulations No 1049/2001 and No 45/2001 were to apply in conjunction with one another in the present case, the defendant, when applying them, erred in considering that the conditions imposed by Regulation No 45/2001 concerning the processing of personal data apply only where the exception provided for in Article 4(1)(b) of Regulation No 1049/2001 regarding access to documents is applicable;










—


the defendant infringed the provisions of Regulation No 45/2001 inasmuch as the request for access did not concern a document and was not based on any of the conditions for permitting the processing of personal data.






(1)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001 L 8, p. 1).

(2)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).
Euro exchange rates
Date: 2009-04-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2009080EN.01001001.xml










3.4.2009   


EN


Official Journal of the European Union


C 80/10





Euro exchange rates (1)

2 April 2009
2009/C 80/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3392




JPY


Japanese yen


133,48




DKK


Danish krone


7,4509




GBP


Pound sterling


0,91290




SEK


Swedish krona


10,8215




CHF


Swiss franc


1,5260




ISK


Iceland króna


 




NOK


Norwegian krone


8,8480




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,888




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


298,65




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7094




PLN


Polish zloty


4,4920




RON


Romanian leu


4,2237




TRY


Turkish lira


2,1665




AUD


Australian dollar


1,8797




CAD


Canadian dollar


1,6725




HKD


Hong Kong dollar


10,3789




NZD


New Zealand dollar


2,3258




SGD


Singapore dollar


2,0143




KRW


South Korean won


1 781,81




ZAR


South African rand


12,3960




CNY


Chinese yuan renminbi


9,1533




HRK


Croatian kuna


7,4707




IDR


Indonesian rupiah


15 374,02




MYR


Malaysian ringgit


4,8178




PHP


Philippine peso


64,210




RUB


Russian rouble


44,8330




THB


Thai baht


47,321




BRL


Brazilian real


3,0049




MXN


Mexican peso


18,4274




INR


Indian rupee


67,4290






(1)  Source: reference exchange rate published by the ECB.
Case C-387/08 P: Order of the Court of 3 April 2009 — VDH Projektentwicklung GmbH, Edeka Handelsgesellschaft Rhein-Ruhr mbH v Commission of the European Communities (Appeal — Action for declaration of failure to act — Directive 89/665/EEC — Commission not implementing the corrective mechanism under Article 3(2) of Directive 89/665/EEC — Natural and legal persons — Direct concern — Inadmissibility)
Date: 2009-04-03
Institutions: Court of Justice
Subjects: action for annulment (EU), action for failure to act, appeal, building industry, contract, legal person, natural person, public works








C_2009205EN.01001701.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/17





Order of the Court of 3 April 2009 — VDH Projektentwicklung GmbH, Edeka Handelsgesellschaft Rhein-Ruhr mbH v Commission of the European Communities
(Case C-387/08 P) (1)

(Appeal - Action for declaration of failure to act - Directive 89/665/EEC - Commission not implementing the corrective mechanism under Article 3(2) of Directive 89/665/EEC - Natural and legal persons - Direct concern - Inadmissibility)
2009/C 205/30
Language of the case: German

Parties


Appellants: VDH Projektentwicklung GmbH, Edeka Handelsgesellschaft Rhein-Ruhr mbH (represented by: C. Antweiler, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) in Case T-185/08 VDH Projektenwicklung and Edeka Rhein-Ruhr v Commission by which the Court of First Instance dismissed as manifestly inadmissible the action for a declaration that the Commission had unlawfully failed to act, on the ground that it failed, in relation to the conclusion of a public works contract and in relation to the award of a general commercial contract, to implement without delay the corrective mechanism provided for under Article 3 of Directive 89/665/EEC and to send the Federal Republic of Germany a notification under Article 3(2) of that directive — Action brought by natural and legal persons for a declaration of failure to act — Need for the measure regarding which the institution is alleged to have unlawfully failed to act to be of direct concern to the applicant

Operative part of the order







1.


The appeal is dismissed.










2.


VDH Projektentwicklung GmbH and Edeka Handelsgesellschaft Rhein-Ruhr mbH are to bear their own costs.






(1)  OJ C 141, 20.06.2009.
Corrigendum to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees ( OJ L 254, 30.9.1994 )
Date: 2009-04-03
Institutions: Council of the European Union
Subjects: European undertaking, group of companies, labour law, worker consultation, worker information, works council




L_2009091EN.01003102.xml










3.4.2009   


EN


Official Journal of the European Union


L 91/31







Corrigendum to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees
(
Official Journal of the European Communities L 254 of 30 September 1994
)

On page 68, Article 6(2), introductory wording:
for:


‘2.   Without prejudice to the autonomy of the parties, the agreement referred to in paragraph 1 between the central management and the special negotiating body shall determine:’,


read:


‘2.   Without prejudice to the autonomy of the parties, the agreement referred to in paragraph 1 and effected in writing between the central management and the special negotiating body shall determine:’.
Case C-126/09: Action brought on 3 April 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2009-04-03
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, carriage of passengers, continuing education, free movement of goods, professional qualifications, road transport








C_2009141EN.01003102.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/31





Action brought on 3 April 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-126/09)
2009/C 141/54
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent)

Defendant: Grand Duchy of Luxembourg

Form of order sought







—


Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (1) or, in any event, by failing to notify those provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;










—


order the Grand Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

The period prescribed for transposition of Directive 2003/59/EC expired on 9 September 2006. At the time the present action was brought, the defendant had still not adopted all the measures necessary to transpose the directive or, in any event, had not notified those measures to the Commission.


(1)  OJ 2003 L 226, p. 4.
Case T-96/09 R: Order of the President of the Court of First Instance of 3 April 2009 — UCAPT v Commission (Interim measures — Application for suspension of operation of a measure — Failure to comply with the formal requirements — Inadmissible)
Date: 2009-04-03
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), agricultural cooperative, agricultural production, aid to agriculture, common agricultural policy, rural development, tobacco








C_2009141EN.01004302.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/43





Order of the President of the Court of First Instance of 3 April 2009 — UCAPT v Commission
(Case T-96/09 R)
(Interim measures - Application for suspension of operation of a measure - Failure to comply with the formal requirements - Inadmissible)
2009/C 141/92
Language of the case: French

Parties


Applicant: Union des Coopératives agricoles des producteurs de tabac de France (UCAPT) (Paris, France) (represented by: B. Peignot and D. Garreau, lawyers)

Defendant: Commission of the European Communities (represented by: M. Moore and P. Mahnič Bruni, acting as Agents)

Re:

Application for suspension of operation of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case C-123/09: Reference for a preliminary ruling from the Finanzgericht München (Germany), lodged on 3 April 2009 — Roeckl Sporthandschuhe GmbH & Co. KG v Hauptzollamt München
Date: 2009-04-03
Institutions: Court of Justice
Subjects: Combined Nomenclature, EU production, Germany, common customs tariff, interpretation of the law, plastics, textile product








C_2009129EN.01001002.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/10





Reference for a preliminary ruling from the Finanzgericht München (Germany), lodged on 3 April 2009 — Roeckl Sporthandschuhe GmbH & Co. KG v Hauptzollamt München
(Case C-123/09)
2009/C 129/17
Language of the case: German

Referring court

Finanzgericht München

Parties to the main proceedings


Claimant: Roeckl Sporthandschuhe GmbH & Co. KG

Defendant: Hauptzollamt München

Question referred

Must subheading 3926 20 00 of the Combined Nomenclature, in the version set out in Commission Regulation (EC) No 1789/2003 of 11 September 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, (1) be interpreted as meaning that it covers also textile articles that have been roughened on one side and covered with a layer of plastic, but which do not have a function beyond that of mere reinforcement, where the roughening serves only to improve the adhesion of the layer of plastic and is no longer discernible to the user once the manufacture of the article has been completed (cf. also Harmonised System explanatory note 56.6 on Chapter 39 of the Combined Nomenclature)?


(1)  OJ 2003 L 281, p. 1; OJ 1987 L 256, p. 1.
Corrigendum to Council Joint Action 2009/137/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in Kosovo ( OJ L 46, 17.2.2009 )
Date: 2009-04-03
Institutions: Council of the European Union
Subjects: Kosovo, common foreign and security policy, diplomatic representation, the EU's international role








L_2009091EN.01003101.xml










3.4.2009   


EN


Official Journal of the European Union


L 91/31







Corrigendum to Council Joint Action 2009/137/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in Kosovo
(
Official Journal of the European Union L 46 of 17 February 2009
)

On page 69:






—


The title should read:






                           ‘
                           Council Joint Action 2009/137/CFSP of 16 February 2009 extending the mandate of the European Union Special Representative in Kosovo (1)’
                        







—


The corresponding footnote (1) reads as follows:











‘(1)


Under United Nations Security Council Resolution 1244 (1999).’











—


The remaining footnotes in the left column are renumbered accordingly.