do-me/EUR-LEX huggingface dataset:
Extract from the Decision concerning Kaupthing Bank Luxembourg S.A. pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Date: 2009-05-05
Institutions: Luxembourg
Subjects: Luxembourg, bank, banking, credit institution, decontamination, validation of expenditure








C_2009103EN.01001901.xml










5.5.2009   


EN


Official Journal of the European Union


C 103/19





Extract from the Decision concerning Kaupthing Bank Luxembourg S.A. pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
2009/C 103/03
EXTENSION OF THE APPOINTMENT OF THE ADMINISTRATORS OF KAUPTHING BANK LUXEMBOURG S.A.
By judgment delivered in open court on 2 April 2009, the Second Chamber of the District Court of Luxembourg, sitting in commercial matters, having heard the submissions, in closed session, of the administrators and the representative of the limited liability company Kaupthing Bank Luxembourg S.A., the representatives of the Financial Sector Supervisory Commission and the representative of the public prosecutor, supplements the judgments delivered by the District Court of Luxembourg on 9 and 31 October 2008 and the judgment delivered by the Court of Appeal of Luxembourg on 28 January 2009 as follows:

‘The duration of the stay of payment granted to the limited liability company Kaupthing Bank Luxembourg S.A. is extended until 9 June 2009.’

An application may not be made by the party or by a third party to set aside this judgment.
The Administrators
PricewaterhouseCoopers S.àr.l., represented by Emmanuelle Caruel-Henniaux, and Franz Fayot, lawyer.
Special Olympics in the European Union Declaration of the European Parliament on support for Special Olympics in the European Union
Date: 2009-05-05
Institutions: European Parliament
Subjects: international organisation, mentally disabled person, public financing, public health, social integration, sport, voluntary work








CE2010212EN.01012301.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/123





Tuesday 5 May 2009Special Olympics in the European Union
P6_TA(2009)0347
Declaration of the European Parliament on support for Special Olympics in the European Union
2010/C 212 E/20

The European Parliament,
having regard to Rule 116 of its Rules of Procedure,






A.


whereas Special Olympics Europe provides sporting and social opportunities for adults and children with intellectual disabilities,










B.


whereas Special Olympics programmes are established in every Member State, involving half a million athletes,










C.


whereas Special Olympics implement EU policy daily, by promoting sport and volunteerism across borders, by breaking down stereotypes about disability, through public health provision and by including marginalised people in social activities,










D.


whereas Special Olympics Europe will host two major upcoming events: in 2010 the Special Olympics European Summer Games will take place in Warsaw, Poland, and in 2011 the Special Olympics World Summer Games will take place in Athens, Greece,










E.


whereas the EU financially supported the 2003 Special Olympics World Summer Games in Ireland,










1.


Considers that the provision of Special Olympics services at local, national and international levels requires significant funding;










2.


Notes that Special Olympics Europe is seeking financial assistance from the Commission to help fund the European Summer Games in Warsaw in 2010 and the World Summer Games in Athens in 2011;










3.


Acknowledges the benefits for athletes, families and the wider community that will result from these events taking place in Europe;










4.


Calls on the Commission to support the Games in Warsaw in 2010 and Athens in 2011;










5.


Instructs its President to forward this declaration, together with the names of the signatories, to the Council, the Commission and the parliaments of the Member States.
Petrol vapour recovery during refuelling of motor vehicles ***I European Parliament legislative resolution of 5 May 2009 on the proposal for a directive of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of passenger cars at service stations (COM(2008)0812 – C6-0470/2008 – 2008/0229(COD))#P6_TC1-COD(2008)0229 Position of the European Parliament adopted at first reading on 5 May 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations
Date: 2009-05-05
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: atmospheric pollutant, diesel fuel, environmental protection, motor fuel, motor vehicle, ozone, petrol, substitute fuel, supply








CE2010212EN.01016801.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/168





Tuesday 5 May 2009Petrol vapour recovery during refuelling of motor vehicles ***I
P6_TA(2009)0341
European Parliament legislative resolution of 5 May 2009 on the proposal for a directive of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of passenger cars at service stations (COM(2008)0812 – C6-0470/2008 – 2008/0229(COD))
2010/C 212 E/29
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0812),
having regard to Article 251(2) and Article 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0470/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0208/2009),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and Commission.






Tuesday 5 May 2009P6_TC1-COD(2008)0229
Position of the European Parliament adopted at first reading on 5 May 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/126/EC.)
Case C-372/08 P: Order of the Court of 5 May 2009 — Atlantic Dawn and Others v Commission of the European Communities, Kingdom of Spain (Appeal — Regulation (EC) No 147/2007 — Reduction in mackerel quotas allocated to Ireland for years 2007 to 2012 — Action for annulment of Regulation No 147/2007 brought by a group of Irish fishermen comprising 20 out of 23 licence holders from the Refrigerated Sea Water pelagic fleet — Inadmissibility — Appeal clearly unfounded)
Date: 2009-05-05
Institutions: Court of Justice
Subjects: EU law, Spain, action for annulment (EU), appeal, common fisheries policy, exploitation of resources, exploitation of the seas, fishery resources








C_2009205EN.01001602.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/16





Order of the Court of 5 May 2009 — Atlantic Dawn and Others v Commission of the European Communities, Kingdom of Spain
(Case C-372/08 P) (1)

(Appeal - Regulation (EC) No 147/2007 - Reduction in mackerel quotas allocated to Ireland for years 2007 to 2012 - Action for annulment of Regulation No 147/2007 brought by a group of Irish fishermen comprising 20 out of 23 licence holders from the Refrigerated Sea Water pelagic fleet - Inadmissibility - Appeal clearly unfounded)
2009/C 205/29
Language of the case: English

Parties


Appellants: Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O’Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd, Colmcille Fishing Ltd (represented by: G. Hogan, SC, N. Travers, BL, T. O’Sullivan, BL, and D. Barry, solicitor)

Other parties to the proceedings: Commission of the European Communities (represented by: K. Banks, Agent), Kingdom of Spain (represented by: N. Díaz Abad, Agent)

Re:

Appeal against the order of 2 June 2008 in Case T-172/07 Atlantic Dawn and Others v Commission by which the Court of First Instance (Seventh Chamber) declared inadmissible an action for the annulment of Commission Regulation (EC) No 147/2007 of 15 February 2007 adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy — Requirement that the contested measure must be of direct concern

Operative part of the order







1.


Dismisses the appeal;










2.


Orders Atlantic Dawn Ltd, Antarctic Fishing Co. Ltd, Atlantean Ltd, Killybegs Fishing Enterprises Ltd, Doyle Fishing Co. Ltd, Western Seaboard Fishing Co. Ltd, O’Shea Fishing Co. Ltd, Aine Fishing Co. Ltd, Brendelen Ltd, Cavankee Fishing Co. Ltd, Ocean Trawlers Ltd, Eileen Oglesby, Noel McGing, Mullglen Ltd, Bradan Fishing Co. Ltd, Larry Murphy, Pauric Conneely, Thomas Flaherty, Carmarose Trawling Co. Ltd and Colmcille Fishing Ltd to pay their own costs.






(1)  OJ C 285, 08.11.2008.
Defence of the immunity and privileges of Aldo Patriciello European Parliament decision of 5 May 2009 on the request for defence of the immunity and privileges of Aldo Patriciello (2009/2021(IMM))
Date: 2009-05-05
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Italy, Member of the European Parliament, Statute for Members of the Parliament, criminal procedure, judicial inquiry, parliamentary immunity, privilege, resolution (EU)








CE2010212EN.01012401.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/124





Tuesday 5 May 2009Defence of the immunity and privileges of Aldo Patriciello
P6_TA(2009)0337
European Parliament decision of 5 May 2009 on the request for defence of the immunity and privileges of Aldo Patriciello (2009/2021(IMM))
2010/C 212 E/21

The European Parliament,
having regard to the request by Aldo Patriciello for defence of his immunity in connection with an investigation which is currently being carried out by the Public Prosecutor’s Office attached to the Isernia District Court, announced in plenary sitting of 9 March 2009,
having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
having regard to the judgments of 12 May 1964, 10 July 1986 and 21 October 2008 (1) of the Court of Justice of the European Communities,
having regard to Rules 6(3) and 7 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0286/2009),






1.


Decides to defend the immunity and privileges of Aldo Patriciello;










2.


Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Italian Republic.






(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2 391 and Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, not yet reported.
Case T-449/07: Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of an arrangement of sausages — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2009-05-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), meat product, trade-mark law








C_2009141EN.01003902.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/39





Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages)
(Case T-449/07) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an arrangement of sausages - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)
2009/C 141/80
Language of the case: German

Parties


Applicant: Thomas Rotter (Munich, Germany) (represented by: M. Müller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 (Case R 1415/2006-4) relating to the registration of a three-dimensional sign representing an arrangement of sausages as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Thomas Rotter to pay the costs.






(1)  OJ C 37, 9.2.2008.
Case C-202/09: Action brought on 5 May 2009 — Commission of the European Communities v Ireland
Date: 2009-05-05
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, disclosure of information, electronic mail, exchange of information, fine, information network, provision of services, transmission network








C_2009167EN.01000702.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/7





Action brought on 5 May 2009 — Commission of the European Communities v Ireland
(Case C-202/09)
2009/C 167/14
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: Mmes L. Balta, A.-A. Gilly, Agents)

Defendant: Ireland

The applicant claims that the Court should:







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC (1) of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (2), or in any event by failing to communicate them to the Commission, Ireland has failed to fulfil its obligations under the Directive; and










—


order Ireland to pay the costs.





Pleas in law and main arguments

The period within which the directive had to be transposed expired on 15 September 2007.


(1)  OJ L 105, p. 54

(2)  OJ L 201, p. 37
Prior notification of a concentration — (Case COMP/M.5380 — Air France-KLM/Royal Air Maroc/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-05-05
Institutions: European Commission
Subjects: air transport, aircraft, airline, carriage of passengers, economic concentration, exchange of information, freight rate, general mechanical engineering, merger control








C_2009103EN.01002001.xml










5.5.2009   


EN


Official Journal of the European Union


C 103/20





Prior notification of a concentration
(Case COMP/M.5380 — Air France-KLM/Royal Air Maroc/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 103/04






1.


On 8 April 2009 the Commission received notification under Article 4 of Council Regulation (EC) No 139/2004 (1) of a proposed concentration by which the Air France KLM Group (‘Air France KLM’, France) and the Groupe Royal Air Maroc (‘RAM’, Morocco) would acquire joint control within the meaning of Article 3(1)(b) of the Council Regulation of Aerotechnic Industries S.A. (Morocco), hitherto controlled by the Compagnie Royal Air Maroc (Morocco), by way of a purchase of shares in an existing company which is to become a joint venture.










2.


The business activities of the undertakings concerned are:






—


Air France: air transport of passengers and cargo, and aircraft maintenance and repair,










—


Royal Air Maroc: air transport of passengers and cargo, and aircraft maintenance and repair,










—


Aerotechnic Industries S.A.: aircraft maintenance and repair.














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 22964301 or 22967244) or by post, under reference number COMP/M.5380 — Air France-KLM/Royal Air Maroc/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




B-1049 Bruxelles/Brussels




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Case C-355/08 P: Order of the Court of 5 May 2009 — WWF-UK v Council of the European Union, Commission of the European Communities (Appeal — Regulation (EC) No 2371/2002 — Consultation of Regional Advisory Councils concerning measures governing access to waters and resources and the sustainable pursuit of fishing activities — Regulation (EC) No 41/2007 — Fixing for 2007 of the total allowable catches for cod — Dissenting minority view recorded by members of a Regional Advisory Council in the RAC report on those total allowable catches — Action for annulment of Regulation No 41/2007 brought by such a member — Inadmissibility — Appeal clearly unfounded)
Date: 2009-05-05
Institutions: Court of Justice
Subjects: EU waters, action for annulment (EU), appeal, common fisheries policy, fishery management, fishery resources, fishing controls, sea fish








C_2009205EN.01001601.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/16





Order of the Court of 5 May 2009 — WWF-UK v Council of the European Union, Commission of the European Communities
(Case C-355/08 P) (1)

(Appeal - Regulation (EC) No 2371/2002 - Consultation of Regional Advisory Councils concerning measures governing access to waters and resources and the sustainable pursuit of fishing activities - Regulation (EC) No 41/2007 - Fixing for 2007 of the total allowable catches for cod - Dissenting minority view recorded by members of a Regional Advisory Council in the RAC report on those total allowable catches - Action for annulment of Regulation No 41/2007 brought by such a member - Inadmissibility - Appeal clearly unfounded)
2009/C 205/28
Language of the case: English

Parties


Appellant: WWF-UK (represented by: P. Sands and J. Simor, barristers, and by R. Stein, solicitor)

Other parties to the proceedings: Council of the European Union (represented by: M. Moore and A. De Gregorio Merino, Agents), Commission of the European Communities (represented by: P. Oliver, Agent)

Re:

Appeal brought against the order of 2 June 2008 in Case T-91/07 WWF-UK v Council by which the Court of First Instance (Eighth Chamber) declared inadmissible an application for the partial annulment of Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2007 L 15, p. 1), to the extent that it fixed the ‘total allowable catches’ (‘TACs’) for 2007 in respect of the fishing of cod in the areas covered by Council Regulation (EC) No 423/2004 (OJ 2004 L 70, p. 8) — Requirement that the contested measure must be of individual concern

Operative part of the order







1.


Dismisses the appeal;










2.


Orders WWF UK Ltd to pay the costs;










3.


Orders the Commission of the European Communities to bear its own costs.






(1)  OJ C 260, 11.10.2008.
Commission Regulation (EC) No 365/2009 of 5 May 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-05-05
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009112EN.01000101.xml










6.5.2009   


EN


Official Journal of the European Union


L 112/1








            COMMISSION REGULATION (EC) No 365/2009
of 5 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 6 May 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 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 


77,8 




TN 


115,0 




TR 


146,3 




ZZ 


107,0 




0707 00 05 


JO 


155,5 




MA 


32,7 




TR 


137,1 




ZZ 


108,4 




0709 90 70 


TR 


118,7 




ZZ 


118,7 




0805 10 20 


EG 


44,0 




IL 


58,8 




MA 


39,5 




TN 


49,5 




TR 


101,4 




US 


51,9 




ZZ 


57,5 




0805 50 10 


TR 


49,0 




ZA 


54,3 




ZZ 


51,7 




0808 10 80 


AR 


81,4 




BR 


73,1 




CA 


114,7 




CL 


81,5 




CN 


71,2 




MK 


33,9 




NZ 


105,7 




US 


124,1 




UY 


70,5 




ZA 


80,5 




ZZ 


83,7 






(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’.