do-me/EUR-LEX huggingface dataset:
Case C-390/08: Judgment of the Court (Seventh Chamber) of 14 May 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Environment — Decision No 280/2004/EC — Implementation of the Kyoto Protocol — National measures intended to limit and/or reduce greenhouse gas emissions — Failure to communicate the information required)
Date: 2009-05-14
Institutions: Court of Justice
Subjects: EU Member State, Luxembourg, action for failure to fulfil an obligation, diplomatic protocol, disclosure of information, greenhouse gas








C_2009153EN.01001603.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/16





Judgment of the Court (Seventh Chamber) of 14 May 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-390/08) (1)

(Failure of a Member State to fulfil obligations - Environment - Decision No 280/2004/EC - Implementation of the Kyoto Protocol - National measures intended to limit and/or reduce greenhouse gas emissions - Failure to communicate the information required)
2009/C 153/32
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: U. Wölker and J.-P. Keppenne, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to communicate, within the prescribed time-limit, the information required by Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ 2004 L 49, p. 1), read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC (OJ 2005 L 55, p. 57) — Information relating to national projections concerning greenhouse gas emissions and measures adopted to limit and/or reduce such emissions

Operative part of the judgment

The Court:






1.


Declares that, by failing to communicate the information required by 15 March 2007 under Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol, read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC, the Grand Duchy of Luxembourg failed to fulfil its obligations under those provisions;










2.


Orders the Grand Duchy of Luxembourg to pay the costs.






(1)  OJ C 285 of 8.11.2008.
Prior notification of a concentration — (Case COMP/M.5515 — RWE Innogy/Rheinenergie/Stadtwerke München/Man Ferrostaal/Marquesado Solar) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-05-14
Institutions: European Commission
Subjects: Germany, Spain, economic concentration, electricity supply, energy production, exchange of information, gas supply, industrial infrastructure, merger control








C_2009110EN.01000601.xml










14.5.2009   


EN


Official Journal of the European Union


C 110/6





Prior notification of a concentration
(Case COMP/M.5515 — RWE Innogy/Rheinenergie/Stadtwerke München/Man Ferrostaal/Marquesado Solar)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 110/06






1.


On 6 May 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 RWE Innogy, Germany, (belonging to the RWE group, Germany), RheinEnergie, Germany, Stadtwerke München, Germany and MAN Ferrostaal, Germany (controlled by International Petroleum Investment Company (‘IPIC’), United Arab Emirates) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Marquesado Solar, Spain by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for undertaking RWE Innogy: Electricity from renewable energies,










—


for undertaking RheinEnergie: Production and supply of electricity, natural gas, water in the Cologne region in Germany,










—


for undertaking Stadtwerke München: Production and supply of electricity, natural gas, water in the Munich region in Germany; public transport in the Munich region,










—


for undertaking MAN Ferrostaal: Development and building of industrial plants and related services,










—


for undertaking Marquesado Solar: Solar thermal power plant for the production of electricity in Southern Spain.














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 2964301 or 2967244) or by post, under reference number COMP/M.5515 — RWE Innogy/Rheinenergie/Stadtwerke München/Man Ferrostaal/Marquesado Solar, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Addendum to POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2009 of 21 April 2009 on the setting up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (2009/369/CFSP) ( OJ L 112, 6.5.2009 )
Date: 2009-05-14
Institutions: Political and Security Committee
Subjects: Somalia, deterrent, exchange of information, littoral, maritime transport, military intervention, piracy, terrorism, theft








L_2009119EN.01004001.xml










14.5.2009   


EN


Official Journal of the European Union


L 119/40








            ADDENDUM
         
to POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2009 of 21 April 2009 on the setting up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (2009/369/CFSP)
(Official Journal of the European Union L 112 of 6 May 2009)

The following Annex shall be added to Political and Security Committee Decision Atalanta/3/2009 of 21 April 2009:




                     ‘ANNEX

LIST OF THIRD STATES REFERRED TO IN ARTICLE 2 (1)







—


Norway’
Case T-192/09: Action brought on 14 May 2009 — Amen Corner v OHIM — Comercio Electrónico Ojal (SEVE TROPHY)
Date: 2009-05-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, electrical equipment, trade-mark law








C_2009167EN.01001801.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/18





Action brought on 14 May 2009 — Amen Corner v OHIM — Comercio Electrónico Ojal (SEVE TROPHY)
(Case T-192/09)
2009/C 167/35
Language in which the application was lodged: Spanish

Parties


Applicant: Amen Corner (Madrid, Spain) (represented by: J. Calderón Chavero and T. Villate Consonni, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Comercio Electrónico Ojal (Madrid, Spain)

Form of order sought







—


annul the decision of the Board of Appeal of OHIM of 5 March 2009 in Case R 462/2008-2 in so far as it allowed registration of a Community trade mark for goods in class 9;










—


as a consequence of that annulment, refuse the application for Community trade mark 4 617 213 in its entirety;










—


order OHIM, and the other parties before the Court, to pay the costs of the present proceedings should they be contested, and reject the claims of OHIM and the other parties before the Court.





Pleas in law and main arguments


Applicant for a Community trade mark: Comercio Electrónico Ojal S.L.

Community trade mark applied for: Figurative mark including the verbal component ‘SEVE TROPHY’ (Application No 4 617 213) for goods and services in classes 3, 9, 14, 18, 25, 28, 35 and 41.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community figurative trade marks ‘SEVE TROPHY’ and ‘SEVE BALLESTEROS TROPHY’ (No 1 541 226, No 1 980 341, No 2 068 682 and No 3 846 235) for goods and services in classes 3, 14, 25, 28, 35 and 41.

Decision of the Opposition Division: Rejection of the opposition brought under Article 8(5) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

Decision of the Board of Appeal: Appeal upheld in part.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation No 40/94.
Case C-34/08: Judgment of the Court (First Chamber) of 14 May 2009 (reference for a preliminary ruling from the Tribunale ordinario di Padova (Italy)) — Azienda Agricola Disarò Antonio and Others v Cooperativa Milka 2000 Soc. coop. arl (Agriculture — Common organisation of the markets — Milk quotas — Levy — Validity of Regulation (EC) No 1788/2003 — Objectives of the common agricultural policy — Principles of non-discrimination and proportionality — Determination of the national reference quantity — Criteria — Relevance of the criterion of a Member State’s milk production deficit)
Date: 2009-05-14
Institutions: Court of Justice
Subjects: EC conformity marking, free movement of goods, interpretation of the law, marketing, mutual recognition principle, telecommunications








C_2009153EN.01001101.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/11





Judgment of the Court (First Chamber) of 14 May 2009 (reference for a preliminary ruling from the Tribunale ordinario di Padova (Italy)) — Azienda Agricola Disarò Antonio and Others v Cooperativa Milka 2000 Soc. coop. arl
(Case C-34/08) (1)

(Agriculture - Common organisation of the markets - Milk quotas - Levy - Validity of Regulation (EC) No 1788/2003 - Objectives of the common agricultural policy - Principles of non-discrimination and proportionality - Determination of the national reference quantity - Criteria - Relevance of the criterion of a Member State’s milk production deficit)
2009/C 153/21
Language of the case: Italian

Referring court

Tribunale ordinario di Padova

Parties to the main proceedings


Applicant: Azienda Agricola Disarò Antonio and Others

Defendant: Cooperativa Milka 2000 Soc. coop. arl

Re:

Reference for a preliminary ruling — Tribunale ordinario di Padova — Interpretation and validity of Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ 2003 L 270, p.123) — Regulation under which (i) no account is taken of the periodic updating for each country of the reference quantities exempt from the levy and (ii) the additional levy is applied in an identical manner to producers with surplus milk production and to those in deficit — Incompatibility with Articles 5, 32, 33 et 34 EC

Operative part of the judgment







1.


The fact that Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector does not take into account, for the purposes of determining the national reference quantity, the fact that the Member State concerned has a milk production deficit is not capable of affecting the compatibility of that regulation with the objectives laid down, in particular, in Article 33(1)(a) and (b) EC.










2.


The analysis of Regulation No 1788/2003 in the light of the principle of non-discrimination has not disclosed any factor which might affect the validity of that regulation.










3.


The analysis of Regulation No 1788/2003 in the light of the principle of proportionality has not disclosed any factor which might affect the validity of that regulation.






(1)  OJ C 92, 12.4.2008.
Case C-322/08: Judgment of the Court (Sixth Chamber) of 14 May 2009 — Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 2004/83/EC — Failure to transpose within the prescribed period)
Date: 2009-05-14
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, foreign national, national implementing measure, refugee, right of asylum, stateless person








C_2009153EN.01001601.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/16





Judgment of the Court (Sixth Chamber) of 14 May 2009 — Commission of the European Communities v Kingdom of Sweden
(Case C-322/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/83/EC - Failure to transpose within the prescribed period)
2009/C 153/30
Language of the case: Swedish

Parties


Applicant: Commission of the European Communities (represented by: M. Condou-Durande and J. Enegren, acting as Agents)

Defendant: Kingdom of Sweden (represented by: S. Johannesson, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the Kingdom of Sweden failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Sweden to pay the costs.






(1)  OJ C 223 of 30.8.2008.
Case C-266/08: Judgment of the Court (Sixth Chamber) of 14 May 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2004/81/EC — Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities — Failure to transpose completely — Failure to communicate the measures to transpose the directive)
Date: 2009-05-14
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, foreign national, illegal migration, residence permit, trafficking in human beings








C_2009153EN.01001501.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/15





Judgment of the Court (Sixth Chamber) of 14 May 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-266/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/81/EC - Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities - Failure to transpose completely - Failure to communicate the measures to transpose the directive)
2009/C 153/28
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: M. Condou-Durande and E. Adsera Ribera, acting as Agents, acting as Agents)

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

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ 2004 L 261, p. 19)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities, and by failing to communicate to the Commission of the European Communities, the provisions of national law intended to contribute to ensuring such compliance, the Kingdom of Spain has failed to fulfil its obligations under that directive.










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 209, of 15.8.2008.
Euro exchange rates
Date: 2009-05-14
Institutions: European Commission
Subjects: euro, exchange rate








C_2009110EN.01000201.xml










14.5.2009   


EN


Official Journal of the European Union


C 110/2





Euro exchange rates (1)

13 May 2009
2009/C 110/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3623




JPY


Japanese yen


130,90




DKK


Danish krone


7,4474




GBP


Pound sterling


0,89980




SEK


Swedish krona


10,6525




CHF


Swiss franc


1,5054




ISK


Iceland króna


 




NOK


Norwegian krone


8,8400




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,785




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


281,44




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


4,4118




RON


Romanian leu


4,1668




TRY


Turkish lira


2,1254




AUD


Australian dollar


1,7883




CAD


Canadian dollar


1,5832




HKD


Hong Kong dollar


10,5584




NZD


New Zealand dollar


2,2749




SGD


Singapore dollar


1,9943




KRW


South Korean won


1 689,23




ZAR


South African rand


11,4978




CNY


Chinese yuan renminbi


9,2942




HRK


Croatian kuna


7,3476




IDR


Indonesian rupiah


14 094,96




MYR


Malaysian ringgit


4,8028




PHP


Philippine peso


64,376




RUB


Russian rouble


43,5957




THB


Thai baht


47,040




BRL


Brazilian real


2,8369




MXN


Mexican peso


18,1731




INR


Indian rupee


67,7200






(1)  Source: reference exchange rate published by the ECB.
Action brought on 14 May 2009 by Magasin- og Ukepresseforeningen against the EFTA Surveillance Authority (Case E-6/09)
Date: 2009-05-14
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, EU law - national law, European Economic Area, Norway, State aid, control of State aid, press, supervisory body








C_2009150EN.01001301.xml










2.7.2009   


EN


Official Journal of the European Union


C 150/13





Action brought on 14 May 2009 by Magasin- og Ukepresseforeningen against the EFTA Surveillance Authority
(Case E-6/09)
2009/C 150/14
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 14 May 2009 by Magasin- og Ukepresseforeningen, represented by Jan Magne Juuhl-Langseth and Peter Dyrberg, Advokatfirmaet Schjødt, Dronning Mauds gt 11, Oslo, NORWAY.
The applicant claims that the Court should:






1.


Declare that the EFTA Surveillance Authority has failed to act by not acting on the complaint lodged with the EFTA Surveillance Authority in August 2006 concerning State aid to newspapers;
and










2.


Order the EFTA Surveillance Authority to pay the costs of the proceedings.





Legal and factual background and pleas in law adduced in support:







—


The applicant is the Norwegian Magazine Association.










—


The applicant contends that the EFTA Surveillance Authority has failed to take a stand on the complaint within reasonable time, in violation of the duties incumbent upon it.










—


Article 37 of the Surveillance and Court Agreement reads as follows:

‘Should the EFTA Surveillance Authority, in infringement of this Agreement or the provisions of the EEA Agreement, fail to act, an EFTA State may bring an action before the EFTA Court to have the infringement established.
The action shall be admissible only if the EFTA Surveillance Authority has first been called upon to act. If, within two months of being so called upon, the EFTA Surveillance Authority has not defined its position, the action may be brought within a further period of two months.
Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the EFTA Court that the EFTA Surveillance Authority has failed to address to that person any decision’.
Authorisation for State Aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance)
Date: 2009-05-14
Institutions: European Commission
Subjects: Slovenia, State aid, control of State aid, damage, exchange of information, natural disaster








C_2009110EN.01000101.xml










14.5.2009   


EN


Official Journal of the European Union


C 110/1





Authorisation for State Aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2009/C 110/01






Date of adoption of the decision


8.8.2008




Reference number of State Aid


N 32/08




Member State


Slovenia




Region


Severno Primorska, Gorenjska, Zahodnoštajerska, Vzhodnoštajerska, Podravska, Ljubljanska, Notranjska, Zasavska




Title (and/or name of the beneficiary)


Odprava posledic škode v gospodarstvu po naravni nesreči z dne 18.9.2007




Legal basis


Program odprave posledic škode v gospodarstvu po neurju s poplavo z dne 18.9.2007




Type of measure


Aid scheme




Objective


Compensation for damage caused by natural disasters or exceptional occurrences




Form of aid


Direct grant




Budget


Overall budget: EUR 10,3 million




Intensity


60 %




Duration (period)


until 30.6.2009




Economic sectors


All sectors




Name and address of the granting authority







Ministrstvo za gospodarstvo




Kotnikova 5




1000 Ljubljana




SLOVENIJA








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm