do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 372/2009 of 7 May 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-05-07
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009115EN.01000101.xml










8.5.2009   


EN


Official Journal of the European Union


L 115/1








            COMMISSION REGULATION (EC) No 372/2009
of 7 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 8 May 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 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 


MA 


73,8 




TN 


115,0 




TR 


138,4 




ZZ 


109,1 




0707 00 05 


MA 


32,7 




TR 


130,5 




ZZ 


81,6 




0709 90 70 


TR 


117,4 




ZZ 


117,4 




0805 10 20 


EG 


42,5 




IL 


55,5 




MA 


47,2 




TN 


52,5 




TR 


105,0 




US 


68,2 




ZZ 


61,8 




0805 50 10 


TR 


58,6 




ZA 


56,2 




ZZ 


57,4 




0808 10 80 


AR 


83,1 




BR 


68,9 




CA 


127,2 




CL 


79,2 




CN 


99,8 




NZ 


106,0 




US 


124,3 




UY 


74,7 




ZA 


81,6 




ZZ 


93,9 






(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’.
Extract from the Decision concerning Straumur-Burdaras Investment Bank hf. pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Date: 2009-05-07
Institutions: European Commission
Subjects: Iceland, credit institution, financial institution, liquidation, source of information








C_2009105EN.01002901.xml










7.5.2009   


EN


Official Journal of the European Union


C 105/29





Extract from the Decision concerning Straumur-Burdaras Investment Bank hf. 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 105/05

STRAUMUR-BURDARAS INVESTMENT BANK HF. GRANTED A MORATORIUM

On 19 March 2009 the District Court of Reykjavik, Iceland, granted Straumur-Burdaras Investment Bank hf., Borgartun 25, Reykjavik, Iceland, a moratorium on payments to creditors until 11 June 2009. Applying for the moratorium was a necessary step in order to ensure that all creditors of the Bank are treated fairly and appropriately, in accordance with Icelandic law and EU directives. The moratorium process provides the Bank with appropriate protection from legal action, while retaining a banking licence sufficient to support its assets. The moratorium will also give the Bank the opportunity to continue discussions with the Bank's creditors with the aim of maximising recovery for all stakeholders.
Mr. Hordur Felix Hardarson, Attorney to the Supreme Court of Iceland, has been appointed to act as the assistant in relation to the moratorium. He will work with the Bank’s Resolution Committee, which is appointed by the Icelandic Finance Supervisory Authority, and the Management Committee of the Bank. Whilst in moratorium, the disposal of assets by the Bank is generally prohibited unless it is necessary for its day - to - day operations or to achieve a reorganisation of the Bank’s finances.
Information in relation to Straumur-Burdaras Investment Bank hf. can be found online (http://www.straumur.com).
For further information, please contact the Bank by e-mail (straumur@straumur.com).
Case T-277/06: Judgment of the Court of First Instance of 7 May 2009 — Omnicare v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark OMNICARE — Earlier national figurative mark OMNICARE — Refusal of an application for restitutio in integrum)
Date: 2009-05-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law








C_2009153EN.01003502.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/35





Judgment of the Court of First Instance of 7 May 2009 — Omnicare v OHIM
(Case T-277/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark OMNICARE - Earlier national figurative mark OMNICARE - Refusal of an application for restitutio in integrum)
2009/C 153/67
Language of the case: English

Parties


Applicant: Omnicare, Inc. (Covington, Kentucky, United States) (represented initially by M. Edenborough, Barrister, and O. Patterson, Solicitor, and subsequently by M. Edenborough)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by S. Laitinen, and subsequently by G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Astellas Pharma GmbH (Munich, Germany) (represented by: A. Franke, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 24 July 2006 (Case R 446/2006-2), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc. and rejecting the application for restitutio in integrum brought by the latter.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 July 2006 (Case R 446/2006-2);










2.


Orders OHIM to bear its own costs and to pay the costs incurred by Omnicare, Inc.;










3.


Orders Astellas Pharma GmbH to bear its own costs.






(1)  OJ C 294, 2.12.2006.
Case T-185/07: Judgment of the Court of First Instance of 7 May 2009 — Klein Trademark Trust v OHIM — Zafra Marroquineros (CK CREACIONES KENNYA) (Community trade mark — Opposition proceedings — Application for the Community word mark CK CREACIONES KENNYA — Earlier Community figurative mark CK Calvin Klein and earlier national figurative marks CK — Relative ground for refusal — No likelihood of confusion — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2009-05-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, leather industry, trade-mark law








C_2009153EN.01003602.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/36





Judgment of the Court of First Instance of 7 May 2009 — Klein Trademark Trust v OHIM — Zafra Marroquineros (CK CREACIONES KENNYA)
(Case T-185/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark CK CREACIONES KENNYA - Earlier Community figurative mark CK Calvin Klein and earlier national figurative marks CK - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)
2009/C 153/69
Language of the case: Spanish

Parties


Applicant: Calvin Klein Trademark Trust (Wilmington, Delaware, United States) (represented by: T. Andrade Boué, I. Lehmann Novo and A. Hernández Lehmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Zafra Marroquineros, SL (Caravaca de la Cruz, Spain) (represented by: J. Martín Álvarez, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 March 2007 (Case R 314/2006-2), concerning opposition proceedings between Calvin Klein Trademark Trust and Zafra Marroquineros, SL.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Calvin Klein Trademark Trust to pay the costs.






(1)  OJ C 170, 21.7.2007.
Case T-151/05: Judgment of the Court of First Instance of 7 May 2009 — NVV and Others v Commission (Competition — Concentrations — Markets for the purchase of live pigs or sows for slaughter — Decision declaring the concentration compatible with the common market — Definition of the relevant geographic market — Duty of care — Duty to state reasons)
Date: 2009-05-07
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dominant position, economic concentration, live animal, merger control, purchase, slaughter of animals, swine








C_2009153EN.01003302.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/33





Judgment of the Court of First Instance of 7 May 2009 — NVV and Others v Commission
(Case T-151/05) (1)

(Competition - Concentrations - Markets for the purchase of live pigs or sows for slaughter - Decision declaring the concentration compatible with the common market - Definition of the relevant geographic market - Duty of care - Duty to state reasons)
2009/C 153/63
Language of the case: Dutch

Parties


Applicants: Nederlandse Vakbond Varkenshouders (NVV) (Lunteren, Netherlands); Marius Schep (Lopik, Netherlands); and Nederlandse Bond van Handelaren in Vee (NBHV) (The Hague, Netherlands) (represented by: initially, J. Kneppelhout and M. van der Kaden and, subsequently, J. Kneppelhout, lawyers)

Defendant: Commission of the European Communities (represented by: initially, A. Whelan and S. Noë and, subsequently, A. Bouquet and S. Noë, Agents)

Intervener in support of the defendant: Sovion NV (Best, Netherlands) (represented by: J. de Pree and W. Geursen, lawyers)

Re:

Annulment of the Commission decision of 21 December 2004 declaring a concentration compatible with the common market and with the EEA Agreement (Case No COMP/M.3605 — Sovion/HMG)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nederlandse Vakbond Varkenshouders (NVV), Marius Schep and Nederlandse Bond van Handelaren in Vee (NBHV) to bear their own costs and to pay those incurred by the Commission and by Sovion NV.






(1)  OJ C 171, 9.7.2005.
Case C-530/07: Judgment of the Court (Fifth Chamber) of 7 May 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Pollution and nuisance — Urban waste water treatment — Articles 3 and 4)
Date: 2009-05-07
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, urban centre, water treatment








C_2009153EN.01000802.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/8





Judgment of the Court (Fifth Chamber) of 7 May 2009 — Commission of the European Communities v Portuguese Republic
(Case C-530/07) (1)

(Failure of a Member State to fulfil obligations - Directive 91/271/EEC - Pollution and nuisance - Urban waste water treatment - Articles 3 and 4)
2009/C 153/16
Language of the case: Portuguese

Parties


Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and G. Braga da Cruz, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and M. J. Lois, acting as Agents)

Re:

Failure of Member State to fulfil obligations — Failure to adopt in the prescribed period the measures necessary to comply with Art. 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ 1991 L 135, p. 40)

Operative part of the judgment

The Court:






1.


Declares that, by failing to provide, in accordance with the provisions of Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the agglomerations of Bacia do Rio Uima (Fiães S. Jorge), Costa de Aveiro, Covilhã, Espinho/Feira, Ponta Delgada, Póvoa de Varzim/Vila do Conde and Santa Cita with collection systems, and by failing to subject to secondary treatment or an equivalent treatment, in accordance with Article 4 of that directive, the urban waste water from the agglomerations of Alverca, Bacio do Rio Uima (Fiães S. Jorge), Carvoeiro, Costa de Aveiro, Costa Oeste, Covilhã, Lisbon, Matosinhos, Milfontes, Nazaré/Famalicão, Ponta Delgada, Póvoa de Varzim/Vila do Conde, Santa Cita, Vila Franca de Xira and Vila Real de Santo António, the Portuguese Republic has failed to fulfil its obligations under Articles 3 and 4 of that directive.










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 37, 9.2.2008.
MEDIA Mundus: audiovisual cooperation programme with professionals from third countries ***I European Parliament legislative resolution of 7 May 2009 on the proposal for a decision of the European Parliament and of the Council establishing an audiovisual cooperation programme with professionals from third countries MEDIA Mundus (COM(2008)0892 – C6-0011/2009 – 2008/0258(COD))#P6_TC1-COD(2008)0258 Position of the European Parliament adopted at first reading on 7 May 2009 with a view to the adoption of decision 2009/…/EC of the European Parliament and of the Council establishing an audiovisual cooperation programme with professionals from third countries (MEDIA Mundus)
Date: 2009-05-07
Institutions: Committee on Culture and Education, European Parliament
Subjects: audiovisual industry, competitiveness, economic development, employment policy, innovation, third country, vocational training








CE2010212EN.01045401.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/454





Thursday 7 May 2009MEDIA Mundus: audiovisual cooperation programme with professionals from third countries ***I
P6_TA(2009)0381
European Parliament legislative resolution of 7 May 2009 on the proposal for a decision of the European Parliament and of the Council establishing an audiovisual cooperation programme with professionals from third countries MEDIA Mundus (COM(2008)0892 – C6-0011/2009 – 2008/0258(COD))
2010/C 212 E/56
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0892),
having regard to Article 251(2) and Articles 150(4) and 157(3)of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0011/2009),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Culture and Education (A6-0260/2009),






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 the Commission.






Thursday 7 May 2009P6_TC1-COD(2008)0258
Position of the European Parliament adopted at first reading on 7 May 2009 with a view to the adoption of decision 2009/…/EC of the European Parliament and of the Council establishing an audiovisual cooperation programme with professionals from third countries (MEDIA Mundus)

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No 1041/2009/EC.)
Case C-398/07 P: Judgment of the Court (Fifth Chamber) of 7 May 2009 — Waterford Wedgwood plc v Assembled Investments (Proprietary) Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Figurative mark WATERFORD STELLENBOSCH — Opposition by the proprietor of the Community word mark WATERFORD — Refusal to register by the Board of Appeal)
Date: 2009-05-07
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, beverage industry, trade-mark law








C_2009153EN.01000602.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/6





Judgment of the Court (Fifth Chamber) of 7 May 2009 — Waterford Wedgwood plc v Assembled Investments (Proprietary) Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-398/07 P) (1)

(Appeal - Community trade mark - Figurative mark WATERFORD STELLENBOSCH - Opposition by the proprietor of the Community word mark WATERFORD - Refusal to register by the Board of Appeal)
2009/C 153/12
Language of the case: English

Parties


Appellant: Waterford Wedgwood plc (represented by: J. Pagenberg, Rechtsanwalt)

Other parties to the proceedings: Assembled Investments (Proprietary) Ltd (represented by: P. Hagman, asianajaja, and J. Palm, tavaramerkkiasiamies), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Re:

Appeal against the judgment of the Second Chamber of the Court of First Instance of 12 June 2007 in Case T-105/05 Assembled Investments (Proprietary) v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) annulling Decision R 240/2004-1 of the First Board of Appeal of OHIM of 15 December 2004 which annulled the decision of the Opposition Division dismissing the opposition filed by the proprietor of the Community word mark ‘WATERFORD’ in respect of goods in Classes 3, 8, 11, 21, 24 and 34

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Waterford Wedgwood plc to pay the costs.






(1)  OJ C 283, 24.11.2007.
Case C-157/09: Action brought on 7 May 2009 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2009-05-07
Institutions: Court of Justice
Subjects: European Community, Netherlands, action for failure to fulfil an obligation, consumer information, consumer protection, notary, recognition of vocational training qualifications








C_2009180EN.01002503.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/25





Action brought on 7 May 2009 — Commission of the European Communities v Kingdom of the Netherlands
(Case C-157/09)
2009/C 180/44
Language of the case: Dutch

Parties


Applicant: Commission of the European Communities (represented by: H. Støvlbæk and W. Roels, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought







—


declare that, by approving and maintaining in force Article 6(1) of the Law of 3 April 1999 on the statutory regulation of the notary profession, the Kingdom of the Netherlands has failed to fulfil its obligations under the Treaty establishing the European Community, in particular Articles 43 EC and 45 EC;










—


order the Kingdom of the Netherlands to pay the costs.





Pleas in law and main arguments

The Commission objects, first, to the fact that the nationality requirement for access to, and practice of, the profession of notary represents a disproportionate impediment to the freedom of establishment of notaries who are nationals of another Member State that is enshrined in Article 43 EC. Although Article 45 EC provides for an exemption from the rules concerning the freedom of establishment, it does so only in respect of activities which are directly and specifically connected with the exercise of official authority. The Commission takes the view that the duties carried out by notaries under Netherlands law represent the exercise of official authority to only a very limited extent, and therefore that factor cannot serve to justify the impediment in the light of settled case-law relating to Article 45 EC.
Second, the Commission submits that the nationality requirement is in any event inappropriate, in the light of Article 43 EC, for safeguarding a certain level of professional qualification that will ensure that consumers are protected. There is in fact another method — one that is far less of a hindrance to free movement — of guaranteeing the high level of qualification required for the work of a notary: the possibility of the host Member State demanding one of the compensatory measures provided for in Article 4 of Regulation 89/48/EEC. (1)



(1)  Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16).
Explanatory Notes to the Combined Nomenclature of the European Communities
Date: 2009-05-07
Institutions: European Commission
Subjects: Combined Nomenclature, chemical compound, economic concentration, exchange of information, food additive, merger control, restrictive-practice authorisation








C_2009105EN.01000101.xml










7.5.2009   


EN


Official Journal of the European Union


C 105/1





Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

Page 129

In Chapter 28, under the title, the following new text is inserted:

‘General

Separate chemically defined inorganic compounds, presented as a food supplement in capsules (except microcapsules), for example of gelatine, are excluded from this Chapter because the presentation in capsules is a treatment that is not covered by Note 1 to this Chapter.’


Page 135

In Chapter 29, under ‘General’, the following new text is inserted after the fourth paragraph:

‘Separate chemically defined organic compounds, presented as a food supplement in capsules (except microcapsules), for example of gelatine, are excluded from this Chapter because the presentation in capsules is a treatment that is not covered by Note 1 to this Chapter.’



(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.