do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 340/2009 of 23 April 2009 fixing the maximum buying-in price for butter for the third individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009
Date: 2009-04-23
Institutions: European Commission
Subjects: award of contract, butter, market intervention, maximum price, purchase price








L_2009104EN.01001901.xml










24.4.2009   


EN


Official Journal of the European Union


L 104/19








            COMMISSION REGULATION (EC) No 340/2009
of 23 April 2009
         
fixing the maximum buying-in price for butter for the third 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 establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural 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 for the period expiring on 31 August 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 105/2008 of 5 February 2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter (3).












(2)


In the light of the tenders received in response to individual invitations to tender, a maximum buying-in price is to be fixed or a decision to make no award is to be taken, in accordance with Article 16(2) of Regulation (EC) No 105/2008.












(3)


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












(4)


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 third 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 submission of tenders expired on 21 April 2009, the maximum buying-in price shall be EUR 220,00/100 kg.


Article 2
This Regulation shall enter into force on 24 April 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 April 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.
Case C-493/08: Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)
Date: 2009-04-23
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, company with share capital, internal border of the EU, limitation of legal proceedings, merger








C_2009141EN.01002001.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/20





Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Hellenic Republic
(Case C-493/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period)
2009/C 141/33
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: I. Dimitriou and P. Dejmek, acting as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, the Hellenic Republic has failed to fulfil its obligations under the first paragraph of Article 19 of that directive;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 6, 10.01.2009.
2009/676/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of the European Food Safety Authority for the financial year 2007
Date: 2009-04-23
Institutions: European Parliament
Subjects: European Food Safety Authority, closing of accounts, financial year, implementation of the budget








L_2009255EN.01018901.xml










26.9.2009   


EN


Official Journal of the European Union


L 255/189








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 23 April 2009
         
on the closure of the accounts of the European Food Safety Authority for the financial year 2007
(2009/676/EC)


THE EUROPEAN PARLIAMENT,







—


having regard to the final annual accounts of the European Food Safety Authority for the financial year 2007 (1),










—


having regard to the Court of Auditors’ report on the final annual accounts of the European Food Safety Authority for the financial year 2007, together with the Authority’s replies (2),










—


having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),










—


having regard to the EC Treaty, and in particular Article 276 thereof,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,










—


having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,










—


having regard to Rule 71 of, and Annex V to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0172/2009),













1.


Notes that the final annual accounts of the European Food Safety Authority are as annexed to the Court of Auditors’ report;










2.


Approves the closure of the accounts of the European Food Safety Authority for the financial year 2007;










3.


Instructs its President to forward this Decision to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).









The President

Hans-Gert PÖTTERING
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 278, 31.10.2008, p. 35.

(2)  
            OJ C 311, 5.12.2008, p. 100.

(3)  
            OJ L 248, 16.9.2002, p. 1.

(4)  
            OJ L 31, 1.2.2002, p. 1.

(5)  
            OJ L 357, 31.12.2002, p. 72.
Case C-425/07 P: Judgment of the Court (Third Chamber) of 23 April 2009 — AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE v Commission of the European Communities (Appeal — Competition — Commission rejecting a complaint — Serious impediments to the proper functioning of the common market — Lack of Community interest)
Date: 2009-04-23
Institutions: Court of Justice
Subjects: European Commission, appeal, common market, competition law, restriction on competition








C_2009141EN.01001102.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/11





Judgment of the Court (Third Chamber) of 23 April 2009 — AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE v Commission of the European Communities
(Case C-425/07 P) (1)

(Appeal - Competition - Commission rejecting a complaint - Serious impediments to the proper functioning of the common market - Lack of Community interest)
2009/C 141/17
Language of the case: Greek

Parties


Appellant: AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE (represented by: T. Asprogerakas Grivas, dikigoros)

Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre and T. Christoforou, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 12 July 2007 in Case T-229/05 AEPI v Commission, by which the Court dismissed as unfounded an action for the annulment of the Commission’s decision of 18 April 2005 to reject the applicant’s complaint concerning an alleged infringement of Articles 81 and/or 82 of the EC Treaty by the related-rights collective management bodies ERATO, APOLLON and GRAMMO which charged radio and television stations unreasonable amounts in respect of the related rights of singers, musicians and producers of music media

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE to pay the costs






(1)  OJ C 269, 10.11.2007.
Commission Regulation (EC) No 334/2009 of 23 April 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: 2009-04-23
Institutions: European Commission
Subjects: award of contract, butter, butter oil, export refund








L_2009104EN.01000801.xml










24.4.2009   


EN


Official Journal of the European Union


L 104/8








            COMMISSION REGULATION (EC) No 334/2009
of 23 April 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 establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


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.












(2)


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 the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 21 April 2009.












(3)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 21 April 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.


Article 2
This Regulation shall enter into force on 24 April 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 April 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.




ANNEX







(EUR/100 kg)




Product


Export refund Code


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




Butter


ex ex 0405 10 19 9700 


60,00 




Butteroil


ex ex 0405 90 10 9000 


73,00
Case C-167/08: Judgment of the Court (First Chamber) of 23 April 2009 (reference for a preliminary ruling from the Hof van Cassatie van België (Belgium)) — Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd v Omnipol Ltd (Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 43(1) — Jurisdiction and enforcement of judgments — Notion of party ))
Date: 2009-04-23
Institutions: Court of Justice
Subjects: civil law, civil proceedings, claim, commercial law, debt, interpretation of the law








C_2009141EN.01001802.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/18





Judgment of the Court (First Chamber) of 23 April 2009 (reference for a preliminary ruling from the Hof van Cassatie van België (Belgium)) — Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd v Omnipol Ltd
(Case C-167/08) (1)

(Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 43(1) - Jurisdiction and enforcement of judgments - Notion of ‘party’))
2009/C 141/30
Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings


Applicants: Draka NK Cables Ltd, AB Sandvik International, VO Sembodja BV, Parc Healthcare International Ltd

Defendant: Omnipol Ltd

Re:

Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 43(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘Brussels I’) (OJ 2001 L 12, p. 1) — Notion of ‘party’ — Action brought by a creditor in the name and for the account of his debtor — Decision relating to a request for a declaration of enforceability

Operative part of the judgment

Article 43(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that a creditor of a debtor cannot lodge an appeal against a decision on a request for a declaration of enforceability if he has not formally appeared as a party in the proceedings in which another creditor of that debtor applied for that declaration of enforceability.


(1)  OJ C 183, 19.7.2008.
Commission Regulation (EC) No 335/2009 of 23 April 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: 2009-04-23
Institutions: European Commission
Subjects: award of contract, export refund, invitation to tender, skimmed milk powder








L_2009104EN.01001001.xml










24.4.2009   


EN


Official Journal of the European Union


L 104/10








            COMMISSION REGULATION (EC) No 335/2009
of 23 April 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 establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


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.












(2)


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 the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 21 April 2009.












(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
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 21 April 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.


Article 2
This Regulation shall enter into force on 24 April 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 April 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.
Case C-321/08: Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Failure to transpose within the prescribed period)
Date: 2009-04-23
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, advertising malpractice, consumer protection, domestic market, national implementing measure, restriction on competition








C_2009141EN.01001901.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/19





Judgment of the Court (Eighth Chamber) of 23 April 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-321/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/29/EC - Unfair business-to-consumer commercial practices in the internal market - Failure to transpose within the prescribed period)
2009/C 141/31
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: W. Wils and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22)

Operative part of the judgment

The Court:






1.


Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), the Kingdom of Spain has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 223, 30.08.2008.
Case C-544/07: Judgment of the Court (Third Chamber) of 23 April 2009 (Reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu (Poland)) — Uwe Rüffler v Dyrektor Izby Skarbowej we Wrocławiu Ośrodek Zamiejscowy w Wałbrzychu (Article 18 EC — Income tax legislation — Reduction of income tax by the amount of health insurance contributions paid in the Member State of taxation — Refusal of reduction by the amount of contributions paid in other Member States)
Date: 2009-04-23
Institutions: Court of Justice
Subjects: EU Member State, Poland, health insurance, interpretation of the law, social-security contribution, tax on income, tax relief








C_2009141EN.01001502.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/15





Judgment of the Court (Third Chamber) of 23 April 2009 (Reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu (Poland)) — Uwe Rüffler v Dyrektor Izby Skarbowej we Wrocławiu Ośrodek Zamiejscowy w Wałbrzychu
(Case C-544/07) (1)

(Article 18 EC - Income tax legislation - Reduction of income tax by the amount of health insurance contributions paid in the Member State of taxation - Refusal of reduction by the amount of contributions paid in other Member States)
2009/C 141/24
Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny we Wrocławiu

Parties to the main proceedings


Applicant: Uwe Rüffler

Defendant: Dyrektor Izby Skarbowej we Wrocławiu Ośrodek Zamiejscowy w Wałbrzychu

Re:

Reference for a preliminary ruling — Wojewódzi Sąd Administracyjny we Wrocławiu (Poland) — Interpretation of the first paragraph of Article 12 EC and of Article 39(1) and (2) EC — National legislation on income tax limiting the right to deduct health insurance contributions from that tax to contributions paid solely in the Member State concerned

Operative part of the judgment

Article 18(1) EC precludes legislation of a Member State which makes the granting of a right to a reduction of income tax by the amount of health insurance contributions paid conditional on payment of those contributions in that Member State on the basis of national law and results in the refusal to grant such a tax advantage where the contributions liable to be deducted from the amount of income tax due in that Member State have been paid under the compulsory health insurance scheme of another Member State.


(1)  OJ C 37, 9.2.2008.