do-me/EUR-LEX huggingface dataset:
Judgment of the Court of 29 October 2008 in Case E-3/08 EFTA Surveillance Authority v Iceland ( Failure by a Contracting Party to fulfil its obligations — Regulation (EC) No 648/2004 on detergents )
Date: 2009-04-30
Institutions: EFTA Court
Subjects: EFTA Court, European Economic Area, Iceland, action for failure to fulfil an obligation, polishing and scouring preparations








C_2009099EN.01001101.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/11






JUDGMENT OF THE COURT

of 29 October 2008
in Case E-3/08
EFTA Surveillance Authority v Iceland
(Failure by a Contracting Party to fulfil its obligations — Regulation (EC) No 648/2004 on detergents)
2009/C 99/09
In Case E-3/08, EFTA Surveillance Authority v Iceland — application for a declaration that, by failing to adopt the measures necessary to make the Act referred to at point 12u of Chapter XV of Annex II to the EEA Agreement, i.e. Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time-limit prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement, the Court, composed of: Carl Baudenbacher, President, Henrik Bull, Judge-Rapporteur, and Thorgeir Örlygsson, Judge, gave judgment on 29 October 2008, the operative part of which is as follows:






1.


Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to make the Act referred to at point 12u of Chapter XV of Annex II to the EEA Agreement, i.e. Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order, the Republic of Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement.










2.


Orders the Republic of Iceland to bear the costs of the proceedings.
Prior notification of a concentration — (Case COMP/M.5417 — Mubadala/General Electric/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-04-30
Institutions: European Commission
Subjects: direct investment, economic concentration, exchange of information, financial institution, financial services, merger control, new technology, provision of services








C_2009099EN.01001501.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/15





Prior notification of a concentration
(Case COMP/M.5417 — Mubadala/General Electric/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 99/13






1.


On 23 April 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 General Electric Company (‘GE’, USA) and Mubadala Development Company PJSC (‘Mubadala’, Emirate of Abu Dhabi, UAE) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a full-function joint venture (‘JV’, Emirate of Abu Dhabi, UAE), by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for GE: diversified technology and services;










—


for Mubadala: direct principal investments;










—


for the JV: a global financial services business and the origination, acquisition, and management of commercial finance assets.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed 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 (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5417 — Mubadala/General Electric/JV, to the following address:





European Commission




Directorate-General for Competition,




Merger Registry




J-70




B-1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Case C-136/08 P: Order of the Court of 30 April 2009 — Japan Tobacco, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Torrefacção Camelo L da (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Detrimental to the distinctive character of the earlier mark — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Likelihood — Application for registration of the figurative sign CAMELO as a Community trade mark — Opposition by the proprietor of the national word and figurative marks CAMEL)
Date: 2009-04-30
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), coffee, tobacco industry, trade-mark law








C_2009220EN.01001601.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/16





Order of the Court of 30 April 2009 — Japan Tobacco, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Torrefacção Camelo Lda

(Case C-136/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(5) - Detrimental to the distinctive character of the earlier mark - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Likelihood - Application for registration of the figurative sign ‘CAMELO’ as a Community trade mark - Opposition by the proprietor of the national word and figurative marks CAMEL)
2009/C 220/27
Language of the case: French

Parties


Appellant: Japan Tobacco, Inc. (represented by: A. Ortiz López, S. Ferrandis González and E. Ochoa Santamaría, abogados)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent), Torrefacçao Camelo Lda


Re:

Appeal against the judgment in Case T-128/06 Japan Tobacco v OHIM and Torrefacçao Camelo by which the Court of First Instance (Fifth Chamber) dismissed the action brought by Japan Tobacco for annulment of the decision of the Second Board of Appeal of OHIM of 22 February 2006 in opposition proceedings between Japan Tobacco and Torrefacçao Camelo — Infringement of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Relative grounds for refusal to register a trade mark — Unfair advantage taken of the distinctive character of an earlier trade mark, or detrimental to that distinctive character

Operative part of the order







1.


Dismisses the appeal.










2.


Orders Japan Tobacco, Inc. to pay the costs.






(1)  OJ C 209, 15.8.2008.
Case T-13/03: Judgment of the Court of First Instance of 30 April 2009 — Nintendo and Nintendo of Europe v Commission (Competition — Agreements, decisions and concerted practices — Market for Nintendo video games consoles and games cartridges — Decision finding an infringement of Article 81 EC — Limitation of parallel exports — Fines — Deterrent effect — Duration of the infringement — Aggravating circumstances — Role of leader or instigator — Attenuating circumstances — Cooperation during the administrative procedure)
Date: 2009-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), automatic game, equal treatment, fine, offence








C_2009141EN.01003702.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/37





Judgment of the Court of First Instance of 30 April 2009 — Nintendo and Nintendo of Europe v Commission
(Case T-13/03) (1)

(Competition - Agreements, decisions and concerted practices - Market for Nintendo video games consoles and games cartridges - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Fines - Deterrent effect - Duration of the infringement - Aggravating circumstances - Role of leader or instigator - Attenuating circumstances - Cooperation during the administrative procedure)
2009/C 141/75
Language of the case: English

Parties


Applicants: Nintendo Co., Ltd (Kyoto, Japan) and Nintendo of Europe GmbH (Grossostheim, Germany) (represented by: I. Forrester QC, J. Pheasant, M. Powell, C. Kennedy-Loest, Solicitors and J. Killick, Barrister)

Defendant: Commission of the European Communities (represented initially by O. Beynet and A. Whelan, and subsequently by X. Lewis and O. Beynet, Agents)

Re:

Application for cancellation or reduction of the amount of the fine imposed on the applicants by Article 3, first indent, of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33).

Operative part of the judgment

The Court:






1.


Sets the amount of the fine imposed on Nintendo Co., Ltd and Nintendo of Europe GmbH at EUR 119,2425 million;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 70, 22.3.2003.
Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 316, 28.12.2007, p. 1 ; OJ C 134, 31.5.2008, p. 16 ; OJ C 177, 12.7.2008, p. 9 ; OJ C 200, 6.8.2008, p. 10 ; OJ C 331, 31.12.2008, p. 13 ; OJ C 3, 8.1.2009, p. 10 ; OJ C 37, 14.2.2009, p. 10 ; OJ C 64, 19.3.2009, p. 20 )
Date: 2009-04-30
Institutions: European Commission
Subjects: France, Schengen Agreement, access to information, air transport, airport, exchange of information, external border of the EU, free movement of persons, internal border of the EU








C_2009099EN.01000701.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/7





Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 316, 28.12.2007, p. 1; OJ C 134, 31.5.2008, p. 16; OJ C 177, 12.7.2008, p. 9; OJ C 200, 6.8.2008, p. 10;  OJ C 331, 31.12.2008, p. 13; OJ C 3, 8.1.2009, p. 10; OJ C 37, 14.2.2009, p. 10; OJ C 64, 19.3.2009, p. 20)
2009/C 99/05
The publication of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.
In addition to the publication in the Official Journal, a monthly update is available on the website of Directorate-General for Justice, Freedom and Security.
FRANCE

Amendment of the information published in OJ C 37, 14.2.2009



Air borders

New border crossing point:






—


Albert-Bray
Judgment of the Court of 29 October 2008 in Case E-2/08 EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2004/26/EC relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery)
Date: 2009-04-30
Institutions: EFTA Court
Subjects: EFTA Court, EU law - national law, European Economic Area, Iceland, atmospheric pollutant, combustion gases, motor vehicle, pollution control measures, supervisory body








C_2009099EN.01000901.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/9






JUDGMENT OF THE COURT

of 29 October 2008
in Case E-2/08
EFTA Surveillance Authority v Iceland

(Failure by a Contracting Party to fulfil its obligations — Directive 2004/26/EC relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery)

2009/C 99/07
In Case E-2/08, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that, by failing to adopt, or to notify the EFTA Surveillance Authority of, the measures necessary to implement the Act referred to at point 1a of Chapter XXIV of Annex II to the EEA Agreement, i.e. Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC, as adapted to the EEA Agreement by Protocol 1 thereto, within the time limit prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 3 of that Act and Article 7 of the EEA Agreement, the Court, composed of: Carl Baudenbacher, President, Henrik Bull, Judge-Rapporteur, and Thorgeir Örlygsson, Judge, gave judgment on 29 October 2008, the operative part of which is as follows:






1.


Declares that, by failing to adopt, within the time limit prescribed, the measures necessary to implement the Act referred to at point 1a of Chapter XXIV of Annex II to the EEA Agreement, i.e. Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 3 of that Act and under Article 7 of the EEA Agreement.










2.


Orders the Republic of Iceland to bear the costs of the proceedings.
Commission Regulation (EC) No 358/2009 of 30 April 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-04-30
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009110EN.01000101.xml










1.5.2009   


EN


Official Journal of the European Union


L 110/1








            COMMISSION REGULATION (EC) No 358/2009
of 30 April 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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),


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,

Whereas:

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
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 1 May 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


JO 


88,9 




MA 


82,6 




TN 


139,0 




TR 


120,1 




ZZ 


107,7 




0707 00 05 


JO 


155,5 




MA 


32,7 




TR 


143,3 




ZZ 


110,5 




0709 90 70 


JO 


216,7 




TR 


96,2 




ZZ 


156,5 




0805 10 20 


EG 


45,0 




IL 


55,9 




MA 


49,7 




TN 


53,5 




TR 


54,0 




US 


51,9 




ZZ 


51,7 




0805 50 10 


TR 


55,3 




ZA 


56,7 




ZZ 


56,0 




0808 10 80 


AR 


83,6 




BR 


73,4 




CA 


114,7 




CL 


86,5 




CN 


96,9 




MK 


33,9 




NZ 


117,2 




US 


127,7 




UY 


71,7 




ZA 


79,5 




ZZ 


88,5 






(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’.
Non-opposition to a notified concentration (Case COMP/M.5478 — IPIC Fund/Oaktree Funds/Chesapeake) Text with EEA relevance
Date: 2009-04-30
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial institution, investment transaction, merger control








C_2009099EN.01000101.xml










30.4.2009   


EN


Official Journal of the European Union


C 99/1





Non-opposition to a notified concentration
(Case COMP/M.5478 — IPIC Fund/Oaktree Funds/Chesapeake)
(Text with EEA relevance)
2009/C 99/01
On 1 April 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 32009M5478. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Case T-12/03: Judgment of the Court of First Instance of 30 April 2009 — Itochu v Commission (Competition — Agreements, decisions and concerted practices — Market for video games consoles and games cartridges compatible with Nintendo games consoles — Decision finding an infringement of Article 81 EC — Limitation of parallel exports — Attributability of the infringement — Fines — Differential treatment — Deterrent effect — Duration of the infringement — Attenuating circumstances — Cooperation during the administrative procedure)
Date: 2009-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), automatic game, equal treatment, exclusive distribution agreement








C_2009141EN.01003701.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/37





Judgment of the Court of First Instance of 30 April 2009 — Itochu v Commission
(Case T-12/03) (1)

(Competition - Agreements, decisions and concerted practices - Market for video games consoles and games cartridges compatible with Nintendo games consoles - Decision finding an infringement of Article 81 EC - Limitation of parallel exports - Attributability of the infringement - Fines - Differential treatment - Deterrent effect - Duration of the infringement - Attenuating circumstances - Cooperation during the administrative procedure)
2009/C 141/74
Language of the case: English

Parties


Applicant: Itochu Corp. (Tokyo, Japan) (represented by: Y. Shibasaki G. van Gerven, T. Franchoo, lawyers)

Defendant: Commission of the European Communities (represented initially by P. Hellström and O. Beynet, and subsequently by F. Castillo de la Torre and O. Beynet, Agents)

Re:

Application for the annulment of Articles 1, 3 and 5 of Commission Decision 2003/675/EC of 30 October 2002 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (COMP/35.587 PO Video Games, COMP/35.706 PO Nintendo Distribution and COMP/36.321 Omega — Nintendo) (OJ 2003 L 255, p. 33), in so far as they relate to the applicant, or, in the alternative, reduction of the amount of the fine imposed on it.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Itochu Corp. to pay the costs.






(1)  OJ C 55, 8.3.2003.
Case C-531/07: Judgment of the Court (Second Chamber) of 30 April 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — Fachverband der Buch- und Medienwirtschaft v LIBRO Handelsgesellschaft mbH (Free movement of goods — National provisions on the obligation to sell imported books at fixed price — Measure having equivalent effect to a quantitative restriction on imports — Justification)
Date: 2009-04-30
Institutions: Court of Justice
Subjects: book trade, free movement of goods, import, interpretation of the law, prices








C_2009153EN.01000901.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/9





Judgment of the Court (Second Chamber) of 30 April 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — Fachverband der Buch- und Medienwirtschaft v LIBRO Handelsgesellschaft mbH
(Case C-531/07) (1)

(Free movement of goods - National provisions on the obligation to sell imported books at fixed price - Measure having equivalent effect to a quantitative restriction on imports - Justification)
2009/C 153/17
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Fachverband der Buch- und Medienwirtschaft

Defendant: LIBRO Handelsgesellschaft mbH

Re:

Reference for a preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Articles 3(1) EC, 10 EC, 28 EC, 30 EC, 81 EC and 151 EC — National legislation requiring importers of German language books to fix a retail sales price which cannot be lower than that fixed for the country of origin

Operative part of the judgment







1.


National provisions which prohibit importers of German-language books from fixing a price lower than the retail price fixed or recommended by the publisher in the State of publication constitute a ‘measure having equivalent effect to a quantitative restriction on imports’ within the meaning of Article 28 EC.










2.


National provisions which prohibit importers of German-language books from fixing a price lower than the retail price fixed or recommended by the publisher in the State of publication cannot be justified under Articles 30 EC and 151 EC or by overriding requirements in the public interest.






(1)  OJ C 37, 9.2.2008.