do-me/EUR-LEX huggingface dataset:
Case T-503/08: Order of the Court of First Instance of 4 May 2009 — Rundpack v OHIM (Representation of a tumbler)
Date: 2009-05-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), ordinance, packaging product, trade-mark law








C_2009153EN.01005004.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/50





Order of the Court of First Instance of 4 May 2009 — Rundpack v OHIM (Representation of a tumbler)
(Case T-503/08) (1)

2009/C 153/97

Language of the case: German

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


(1)  OJ C 44, 21.2.2009.
Case C-154/09: Action brought on 4 May 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-05-04
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, anti-discriminatory measure, application of EU law, disclosure of information, electronic mail, provision of services, telecommunications industry








C_2009153EN.01002801.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/28





Action brought on 4 May 2009 — Commission of the European Communities v Portuguese Republic
(Case C-154/09)
2009/C 153/52
Language of the case: Portuguese

Parties


Applicant: Commission of the European Communities (represented by: P. Guerra e Andrade and A. Nijenhuis, acting as Agents)

Defendant: Portuguese Republic

Forms of order sought







—


Declare that, by failing to transpose correctly into national law the rules of Community law governing the designation of the universal service provider or providers, and, in any event, by failing to ensure in practice that those rules are applied, the Portuguese Republic has failed to fulfil its obligations under Articles 3(2) and 8(2) of Directive 2002/22/EC. (1)











—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

Article 121 of the Portuguese Law on Electronic Communications (Law No 5/2004 of 10 February) retains the public service, the exclusive public service concession and the corresponding rights and obligations until 2025, with PT Comunicações SA holding the concession for the public telecommunications service.
The Commission submits that, in terms of designating the companies responsible for providing the universal service, the Portuguese Law on Electronic Communications is confused, incoherent and inconsistent.
Consequently, the Portuguese State has failed to designate, by means of an efficient, objective, transparent and non-discriminatory procedure, the company or companies responsible for providing the universal service, as laid down by Article 8(2) in conjunction with Article 3(2) of Directive 2002/22.


(1)  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51).
Case C-152/09: Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 4 May 2009 — André Grootes v Amt für Landwirtschaft Parchim
Date: 2009-05-04
Institutions: Court of Justice
Subjects: agri-environmental plan, agricultural holding, agricultural policy, area of holding, environmental impact, environmental protection, interpretation of the law








C_2009167EN.01000401.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/4





Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 4 May 2009 — André Grootes v Amt für Landwirtschaft Parchim
(Case C-152/09)
2009/C 167/06
Language of the case: German

Referring court

Verwaltungsgericht Schwerin

Parties to the main proceedings


Claimant: André Grootes

Defendant: Amt für Landwirtschaft Parchim

Questions referred







1.


Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 (1) be recognised in relation to an area-based amount even where an agri-environmental measure ongoing on 15 May 2003 constitutes just retention of (permanent) use as pastureland, but it is connected seamlessly in time (or at any rate ‘promptly’) with a measure under which conversion from arable land to permanent pastureland has taken place?










2.


If the first question should be answered in the affirmative:
Can hardship under Article 40(5) of Regulation (EC) No 1782/2003 be recognised in relation to an area-based amount only where there has been a change of use of the area from arable land to pastureland on the basis of (and precisely because of) participation in an agri-environmental measure as referred to in the aforementioned provision?










3.


Is recognition of hardship under Article 40(5) of Regulation (EC) No 1782/2003 contingent on the farmer making the application being the person who made the change of use, or can a farmer who later ‘joins in on’ the agri-environmental measure also successfully claim hardship under that provision?






(1)  Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270, 21.10.2003, p. 1).
Commission Regulation (EC) No 361/2009 of 4 May 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-05-04
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009111EN.01000101.xml










5.5.2009   


EN


Official Journal of the European Union


L 111/1








            COMMISSION REGULATION (EC) No 361/2009
of 4 May 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 5 May 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 May 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 


82,7 




TN 


139,0 




TR 


132,5 




ZZ 


110,8 




0707 00 05 


JO 


155,5 




MA 


32,7 




TR 


129,1 




ZZ 


105,8 




0709 90 70 


JO 


216,7 




TR 


114,9 




ZZ 


165,8 




0805 10 20 


EG 


44,2 




IL 


55,7 




MA 


51,6 




TN 


64,9 




TR 


55,0 




US 


51,9 




ZZ 


53,9 




0805 50 10 


TR 


47,0 




ZA 


52,3 




ZZ 


49,7 




0808 10 80 


AR 


83,4 




BR 


72,6 




CA 


114,7 




CL 


78,1 




CN 


89,0 




MK 


33,9 




NZ 


107,6 




US 


124,6 




UY 


70,5 




ZA 


79,5 




ZZ 


85,4 






(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’.
2009/368/EC: Commission Decision of 4 May 2009 fixing for the marketing year 2009/2010 the amounts of the aid for diversification and the additional aid for diversification to be granted under the temporary scheme for the restructuring of the sugar industry of the Community (notified under document number C(2009) 3158)
Date: 2009-05-04
Institutions: European Commission
Subjects: EU Member State, EU financing arrangements, aid for restructuring, product diversification, sugar industry, support policy








L_2009111EN.01005001.xml










5.5.2009   


EN


Official Journal of the European Union


L 111/50








            COMMISSION DECISION
         
of 4 May 2009
         
fixing for the marketing year 2009/2010 the amounts of the aid for diversification and the additional aid for diversification to be granted under the temporary scheme for the restructuring of the sugar industry of the Community
(notified under document number C(2009) 3158)
(Only the Spanish text is authentic)
(2009/368/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (1),


Having regard to Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (2), and in particular Article 13(1) thereof,

Whereas:







(1)


The Commission has to fix the amounts attributed to each Member State concerned for the aid for diversification provided for in Article 6 of Regulation (EC) No 320/2006 and the additional aid for diversification provided for in Article 7 of that Regulation.












(2)


The amounts of the aid for diversification and additional aid for diversification are calculated on the basis of the tonnes of sugar quota renounced in the 2009/2010 marketing year in the Member State concerned, as provided for in Article 13(2) of Regulation (EC) No 968/2006,





HAS ADOPTED THIS DECISION:



Article 1
The amounts per Member State concerned of the aid for diversification and the additional aid for diversification provided for in Articles 6 and 7 of Regulation (EC) No 320/2006 respectively, as fixed in respect of the quotas renounced in the 2009/2010 marketing year, are set out in the Annex to this Decision.


Article 2
This Decision is addressed to the Kingdom of Spain.




Done at Brussels, 4 May 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 58, 28.2.2006, p. 42.

(2)  
            OJ L 176, 30.6.2006, p. 32.




ANNEX

Amounts per Member State of the aid for diversification and the additional aid for diversification 2009/2010 marketing year








(EUR)




Member State


Aid for diversification


Additional aid for diversification




Spain


10 304 268,00 


23 197 020,93
Case C-155/09: Action brought on 4 May 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-05-04
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, admission of aliens, anti-discriminatory measure, property market, real property, residence permit, tax exemption








C_2009167EN.01000402.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/4





Action brought on 4 May 2009 — Commission of the European Communities v Hellenic Republic
(Case C-155/09)
2009/C 167/07
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: R. Lyal, D. Triantafillou)

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:






—


declare that the Hellenic Republic is in breach of its obligations under Articles 18, 39 and 43 EC in the light of Article 12 EC (and under Articles 28, 31 and 4 of the EEA Treaty), inasmuch as it is impeding the exercise of fundamental freedoms deriving from those provisions:






—


by granting exemption from tax on the transfer of immovable property solely to persons already permanently resident in Greece but not to persons who intend to settle in Greece in the future;










—


by granting, subject to conditions, exemption from tax on the transfer of immovable property in Greece solely to Greek nationals on the purchase of a first home in Greece, expressly discriminating against foreign residents who are not Greek nationals;














—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments

Exemption from transfer tax benefits mainly Greek citizens. The fact that Community nationals who are not already resident in Greece are excluded from the exemption constitutes discriminatory treatment linked to nationality which thus renders more difficult and impedes the purchase of a first home in that country by citizens of other Member States. That discriminatory impediment is confirmed and reinforced by the express restriction of the exemption to Greek citizens abroad.
The measure is not an appropriate way to make it easier for residents of the country to acquire ownership of their homes, in the absence of corresponding obligations as regards use of the immovable property. Moreover, it appears excessive, since actual residence could be checked by way of a declaration on the part of the purchaser, accompanied by various entries in the Register, and checks.
As concerns the express restriction of the exemption to Greeks abroad, this cannot be justified by the objective of their repatriation, since that objective conflicts with the principle of free movement.
Case C-153/09: Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 4 May 2009 — Agrargut Bäbelin GmbH & Co KG v Amt für Landwirtschaft Bützow
Date: 2009-05-04
Institutions: Court of Justice
Subjects: agricultural holding, aid to agriculture, area of holding, fallow, interpretation of the law, remuneration of work








C_2009180EN.01002501.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/25





Reference for a preliminary ruling from the Verwaltungsgericht Schwerin (Germany) lodged on 4 May 2009 — Agrargut Bäbelin GmbH & Co KG v Amt für Landwirtschaft Bützow
(Case C-153/09)
2009/C 180/42
Language of the case: German

Referring court

Verwaltungsgericht Schwerin

Parties to the main proceedings


Claimant: Agrargut Bäbelin GmbH & Co KG

Defendant: Amt für Landwirtschaft Bützow

Questions referred







1.


Is a farmer prevented from activating payment entitlements based on permanent pasture before activating all payment entitlements based on set-aside, even if he does not hold any other (arable) areas eligible for set-aside?










2.


If the first question should be answered in the affirmative: Do the sanctions under Article 51 of Regulation (EC) No 796/2004 (1) also apply to a farmer who before 29 December 2006 (in the absence of areas eligible for set-aside) infringes the obligation first to activate completely payment entitlements based on set-aside?






(1)  OJ 2004 L 141, p. 18.