do-me/EUR-LEX huggingface dataset:
Case T-414/05: Judgment of the Court of First Instance of 7 May 2009 — NHL Enterprises v OHIM — Glory & Pompea (LA KINGS) (Community trade mark — Opposition proceedings — Application for the Community figurative mark LA KINGS — Earlier national figurative mark KING — Relative ground for refusal — No likelihood of confusion — 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, clothing industry, office supplies, pulp and paper industry, trade-mark law








C_2009153EN.01003401.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/34





Judgment of the Court of First Instance of 7 May 2009 — NHL Enterprises v OHIM — Glory & Pompea (LA KINGS)
(Case T-414/05) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LA KINGS - Earlier national figurative mark KING - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
2009/C 153/64
Language of the case: English

Parties


Applicant: NHL Enterprises BV (Rijswijk, Netherlands) (represented initially by G. Llewelyn, Solicitor, and V. Barresi, lawyer, and subsequently by M. Collins, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Glory & Pompea, SA (Mataró, Spain)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition proceedings between Glory & Pompea, SA and NHL Enterprises BV.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 July 2005 (Case R 371/2003-4);










2.


Orders OHIM to bear its own costs and to pay those incurred by NHL Enterprises BV.






(1)  OJ C 36, 11.2.2006.
Case C-150/08: Judgment of the Court (Third Chamber) of 7 May 2009 (reference for a preliminary ruling from the Hoge Raad der Nederlanden Den Haag (Netherlands)) — Siebrand BV v Staatssecretaris van Financiën (Combined Nomenclature — Tariff headings 2206 and 2208 — Fermented beverage containing distilled alcohol — Beverage produced from fruit or from a natural product — Addition of substances — Effects — Loss of the taste, smell and appearance of the original beverage)
Date: 2009-05-07
Institutions: Court of Justice
Subjects: Combined Nomenclature, alcoholic beverage, interpretation of the law, tariff nomenclature








C_2009153EN.01001301.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/13





Judgment of the Court (Third Chamber) of 7 May 2009 (reference for a preliminary ruling from the Hoge Raad der Nederlanden Den Haag (Netherlands)) — Siebrand BV v Staatssecretaris van Financiën
(Case C-150/08) (1)

(Combined Nomenclature - Tariff headings 2206 and 2208 - Fermented beverage containing distilled alcohol - Beverage produced from fruit or from a natural product - Addition of substances - Effects - Loss of the taste, smell and appearance of the original beverage)
2009/C 153/24
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden Den Haag

Parties to the main proceedings


Applicant: Siebrand BV

Defendant: Staatssecretaris van Financiën

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden Den Haag –Interpretation of tariff headings 2206 and 2208 of the Combined Nomenclature — Fermented beverage containing distilled alcohol — Addition of water and ingredients resulting in a loss of the taste, smell and/or appearance of a beverage produced from fruit or from a natural product

Operative part of the judgment

Fermented alcohol-based beverages corresponding originally to heading 2206 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EEC) No 2587/91 of 26 July 1991, to which a certain proportion of distilled alcohol, water, sugar syrup, aromas, colourings and, in some cases, a cream base have been added, resulting in the loss of the taste, smell and/or appearance of a beverage produced from a particular fruit or natural product, do not come under heading 2206 of the Combined Nomenclature but rather under heading 2208 thereof.


(1)  OJ C 171, 5.7.2008.
State aid — Poland — (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification — State aid C 47/2008 (ex N 270/08) — Restructuring aid to Przędzalnia Zawiercie, Poland (Text with EEA relevance )
Date: 2009-05-07
Institutions: European Commission
Subjects: Poland, State aid, control of State aid, exchange of information, industrial restructuring, suspension of aid, textile industry








C_2009105EN.01003001.xml










7.5.2009   


EN


Official Journal of the European Union


C 105/30






STATE AID — POLAND

(Articles 87 to 89 of the Treaty establishing the European Community)
Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification
State aid C 47/2008 (ex N 270/08) — Restructuring aid to Przędzalnia Zawiercie, Poland
(Text with EEA relevance)
2009/C 105/06
The Commission has decided to close the formal investigation procedure under Article 88(2) of the EC Treaty, initiated on 10 December 2008 in respect of the measure referred to above, recording that Poland has withdrawn its notification on 19 January 2009 and will not pursue this aid project further.
Commission Regulation (EC) No 373/2009 of 7 May 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: 2009-05-07
Institutions: European Commission
Subjects: award of contract, butter, butter oil, export refund








L_2009115EN.01000301.xml










8.5.2009   


EN


Official Journal of the European Union


L 115/3








            COMMISSION REGULATION (EC) No 373/2009
of 7 May 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 5 May 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 5 May 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 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 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-516/07: Judgment of the Court (Seventh Chamber) of 7 May 2009 — Commission of the European Communities v Kingdom of Spain (Failure to fulfil obligations — Directive 2000/60/EC — Framework for Community action in the field of water policy — Designation of competent authorities for hydrographic districts)
Date: 2009-05-07
Institutions: Court of Justice
Subjects: EU policy, European Commission, Spain, action for failure to fulfil an obligation, disclosure of information, freshwater








C_2009153EN.01000801.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/8





Judgment of the Court (Seventh Chamber) of 7 May 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-516/07) (1)

(Failure to fulfil obligations - Directive 2000/60/EC - Framework for Community action in the field of water policy - Designation of competent authorities for hydrographic districts)
2009/C 153/15
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán, acting as Agent)

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

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt, within the period prescribed, the measures necessary to comply with Article 3(2), (7) and (8) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1)

Operative part

The Court:






1.


Declares that, by failing to designate the competent authorities for the application of the rules of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, the Kingdom of Spain has failed to fulfil its obligations under Article 3(2) and (7) of that directive;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 37, 9.2.2008.
Euro exchange rates
Date: 2009-05-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2009105EN.01002401.xml










7.5.2009   


EN


Official Journal of the European Union


C 105/24





Euro exchange rates (1)

6 May 2009
2009/C 105/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3322




JPY


Japanese yen


131,17




DKK


Danish krone


7,4485




GBP


Pound sterling


0,88610




SEK


Swedish krona


10,6160




CHF


Swiss franc


1,5089




ISK


Iceland króna


 




NOK


Norwegian krone


8,7350




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,805




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


285,83




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


4,4135




RON


Romanian leu


4,1592




TRY


Turkish lira


2,0930




AUD


Australian dollar


1,7917




CAD


Canadian dollar


1,5689




HKD


Hong Kong dollar


10,3245




NZD


New Zealand dollar


2,2857




SGD


Singapore dollar


1,9651




KRW


South Korean won


1 702,95




ZAR


South African rand


11,3237




CNY


Chinese yuan renminbi


9,0877




HRK


Croatian kuna


7,3744




IDR


Indonesian rupiah


13 885,52




MYR


Malaysian ringgit


4,7073




PHP


Philippine peso


63,515




RUB


Russian rouble


43,7360




THB


Thai baht


46,857




BRL


Brazilian real


2,8549




MXN


Mexican peso


17,6967




INR


Indian rupee


66,0640






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 376/2009 of 7 May 2009 fixing the maximum buying-in price for skimmed milk powder for the 2nd individual invitation to tender within the tendering procedure opened by Regulation (EC) No 310/2009
Date: 2009-05-07
Institutions: European Commission
Subjects: award of contract, export refund, maximum price, milk, purchase price, skimmed milk powder








L_2009115EN.01000701.xml










8.5.2009   


EN


Official Journal of the European Union


L 115/7








            COMMISSION REGULATION (EC) No 376/2009
of 7 May 2009
         
fixing the maximum buying-in price for skimmed milk powder for the 2nd individual invitation to tender within the tendering procedure opened by Regulation (EC) No 310/2009


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 310/2009 (2) has opened buying-in of skimmed milk powder by a tendering procedure for the period expiring on 31 August 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder (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 17 of Regulation (EC) No 214/2001.












(3)


In the light of the tenders received for the 2nd individual invitation to tender, a maximum buying-in price should be fixed.












(4)


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 2nd individual invitation to tender for the buying-in of skimmed milk powder within the tendering procedure opened by Regulation (EC) No 310/2009, in respect of which the time limit for the submission of tenders expired on 5 May 2009, the maximum buying-in price shall be EUR 168,40/100 kg.


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 97, 16.4.2009, p. 13.

(3)  
            OJ L 37, 7.2.2001, p. 100.
Common rules for the allocation of slots at Community airports ***I European Parliament legislative resolution of 7 May 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports (COM(2009)0121 – C6-0097/2009 – 2009/0042(COD))#P6_TC1-COD(2009)0042 Position of the European Parliament adopted at first reading on 7 May 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council amending Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports
Date: 2009-05-07
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: air transport, airport, common transport policy, organisation of transport, transport capacity, transport planning








CE2010212EN.01045501.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/455





Thursday 7 May 2009Common rules for the allocation of slots at Community airports ***I
P6_TA(2009)0382
European Parliament legislative resolution of 7 May 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports (COM(2009)0121 – C6-0097/2009 – 2009/0042(COD))
2010/C 212 E/57
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0121),
having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0097/2009),
having regard to Rules 51 and 43(2) and (3) of its Rules of Procedure,
having regard to the report of the Committee on Transport and Tourism (A6-0274/2009),






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 to the Commission.






Thursday 7 May 2009P6_TC1-COD(2009)0042
Position of the European Parliament adopted at first reading on 7 May 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council amending Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 545/2009.)
European Refugee Fund for the period 2008-2013 (amendment of Decision No 573/2007/EC) ***I European Parliament legislative resolution of 7 May 2009 on the proposal for a decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions (COM(2009)0067 – C6-0070/2009 – 2009/0026(COD))
Date: 2009-05-07
Institutions: Committee on Budgets, Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Community migration, EU action, European Social Fund, aid to refugees, free movement of persons, political asylum, refugee








CE2010212EN.01034701.xml










5.8.2010   


EN


Official Journal of the European Union


CE 212/347





Thursday 7 May 2009European Refugee Fund for the period 2008-2013 (amendment of Decision No 573/2007/EC) ***I
P6_TA(2009)0375
European Parliament legislative resolution of 7 May 2009 on the proposal for a decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 by removing funding for certain Community actions and altering the limit for funding such actions (COM(2009)0067 – C6-0070/2009 – 2009/0026(COD))
2010/C 212 E/50
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0067),
having regard to Article 251(2) and Article 63, first paragraph, point 2(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0070/2009),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0280/2009),






1.


Approves the Commission proposal;










2.


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










3.


Instructs its President to forward its position to the Council and the Commission.
Commission Regulation (EC) No 375/2009 of 7 May 2009 fixing the maximum buying-in price for butter for the 4th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009
Date: 2009-05-07
Institutions: European Commission
Subjects: award of contract, export refund, maximum price, milk, purchase price, skimmed milk powder








L_2009115EN.01000601.xml










8.5.2009   


EN


Official Journal of the European Union


L 115/6








            COMMISSION REGULATION (EC) No 375/2009
of 7 May 2009
         
fixing the maximum buying-in price for butter for the 4th 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 4th 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 4th 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 5 May 2009, the maximum buying-in price shall be EUR 220,00/100 kg.


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 64, 10.3.2009, p. 3.

(3)  
            OJ L 32, 6.2.2008, p. 3.