do-me/EUR-LEX huggingface dataset:
Case C-182/09: Reference for a preliminary ruling from High Court of Justice in Northern Ireland, Queen's Bench Division (United Kingdom) made on 19 May 2009 — Seaport (NI) Limited v Department of the Environment for Northern Ireland
Date: 2009-05-19
Institutions: Court of Justice
Subjects: EU action, Northern Ireland, action programme, environmental protection, interpretation of the law, project of common interest








C_2009193EN.01000501.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/5





Reference for a preliminary ruling from High Court of Justice in Northern Ireland, Queen's Bench Division (United Kingdom) made on 19 May 2009 — Seaport (NI) Limited v Department of the Environment for Northern Ireland
(Case C-182/09)
2009/C 193/05
Language of the case: English

Referring court

High Court of Justice in Northern Ireland, Queen's Bench Division

Parties to the main proceedings


Applicant: Seaport (NI) Limited

Defendant: Department of the Environment for Northern Ireland

Questions referred







(1)


What is the scope of the power given to Member States under Article 13(3) of Directive 2001/42/EC (1) on the assessment of the effects of certain plans and programmes on the environment (‘the SEA Directive’) to determine that it is not feasible to require an environmental assessment of a plan or programme for which the first formal preparatory act occurred before 21 July 2004 and the matters the national authorities may take into account, on a case by case basis, in reaching such a determination?










(2)


Whether it was open to the national authority of a Member State, having made a determination in 2004 that it was feasible for a plan to comply with the requirements of the SEA Directive [and having maintained that position thereafter and before the national court], to reconsider that decision and determine in November 2007 that it was not feasible for the said plan to comply with the SEA Directive?










(3)


Whether the determination process described in question 2 amounts to a retrospective determination of a non feasibility determination, and if so, does Article 13(3) of the SEA Directive permit such retrospective determinations, and if so, under what conditions?










(4)


Whether the factors taken into account by the national authority in the present case in determining on 6 November 2007 that it was not feasible to carry out an environmental assessment of the Draft North Area Plan were matters which it was entitled to take into account in making such a determination pursuant to Article 13(3) of the SEA Directive?






(1)  OJ L 197, p. 30
Non-opposition to a notified concentration — (Case COMP/M.5499 — IPIC/NOVA) Text with EEA relevance
Date: 2009-05-19
Institutions: European Commission
Subjects: chemical product, distributive trades, economic concentration, energy distribution, exchange of information, investment company, merger control, oil refining, provision of services








C_2009114EN.01000802.xml










19.5.2009   


EN


Official Journal of the European Union


C 114/8





Non-opposition to a notified concentration
(Case COMP/M.5499 — IPIC/NOVA)
(Text with EEA relevance)
2009/C 114/03
On 11 April 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website under document number 32009M5499. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Case C-313/08: Judgment of the Court (Eighth Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/58/EC — Company law — Documents and particulars subject to disclosure — Letters and order forms — Penalties — Failure to transpose within the period prescribed)
Date: 2009-05-19
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, company law, national implementing measure, organisation, publication of accounts








C_2009153EN.01001502.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/15





Judgment of the Court (Eighth Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic
(Case C-313/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/58/EC - Company law - Documents and particulars subject to disclosure - Letters and order forms - Penalties - Failure to transpose within the period prescribed)
2009/C 153/29
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: E. Vesco and P. Dejmek, acting as Agents)

Defendant: Italian Republic (represented by: I. Bruni, Agent, and G. Fiengo, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, all the provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (OJ 2003 L 221, p. 13)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Article 1(4), (5) and (6) of Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151/EEC, as regards disclosure requirements in respect of certain types of companies, the Italian Republic has failed to fulfil its obligations under that directive;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 223, 30.8.2008.
Prior notification of a concentration — (Case COMP/M.5440 — Lufthansa/Austrian Airlines) Text with EEA relevance
Date: 2009-05-19
Institutions: European Commission
Subjects: air transport, aircraft, carriage of passengers, economic concentration, exchange of information, freight rate, merger control, provision of services, spare part








C_2009114EN.01001201.xml










19.5.2009   


EN


Official Journal of the European Union


C 114/12





Prior notification of a concentration
(Case COMP/M.5440 — Lufthansa/Austrian Airlines)
(Text with EEA relevance)
2009/C 114/07






1.


On 8 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 undertaking Deutsche Lufthansa AG (‘Lufthansa’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Austrian Airlines AG (‘Austrian Airlines’, Austria) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Lufthansa: air transport of passengers and cargo and related services (in-flight catering, IT-services, maintenance, repair and overhaul of aircrafts and ground handling services), supply of airline seats to tour operators and charter operations,










—


for Austrian Airlines: air transport of passengers and cargo and related services (maintenance, repair and overhaul of aircrafts and ground handling services), supply of airline seats to tour operators and charter operations.














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.










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.5440 — Lufthansa/Austrian Airlines, 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.
Case F-51/09: Action brought on 19 May 2009 — Petrilli v Commission
Date: 2009-05-19
Institutions: Civil Service Tribunal
Subjects: European Commission, Italy, action for annulment (EU), aid system, fine, residence








C_2009205EN.01004802.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/48





Action brought on 19 May 2009 — Petrilli v Commission
(Case F-51/09)
2009/C 205/89
Language of the case: French

Parties


Applicant: Alessandro Petrilli (Grottammare, Italy) (represented by: J.-L. Lodomez, J. Lodomez, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the appointing authority’s decision concerning the fixing of the applicant’s main place of residence.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of 19 February 2009 by which the appointing authority refused to fix the applicant’s main residence in Italy;










—


order the Commission to pay, on the sums due by virtue of the retroactive application of the correction coefficient for Italy on his pension, the resettlement allowance and the doubling of the family allowance, from 1 July 2007, interest on the basis of the rate fixed by the European Central Bank for its principal refinancing operations applicable for the period in question, increased by two points;










—


order the Commission of the European Communities to pay the costs.
Case C-253/08: Judgment of the Court (Sixth Chamber) of 19 May 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 2006/22/EC — Approximation of laws — Social legislation relating to road transport activities — Failure to transpose within the prescribed period)
Date: 2009-05-19
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, national implementing measure, road transport, social legislation








C_2009153EN.01001401.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/14





Judgment of the Court (Sixth Chamber) of 19 May 2009 — Commission of the European Communities v Portuguese Republic
(Case C-253/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/22/EC - Approximation of laws - Social legislation relating to road transport activities - Failure to transpose within the prescribed period)
2009/C 153/26
Language of the case: Portuguese

Parties


Applicant: Commission of the European Communities (represented by: N. Yerrell and M. Teles Romão, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and F. Fraústo de Azevedo, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35)

Operative part of the judgment

The Court:






1.


declares that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC, the Portuguese Republic has failed to fulfil its obligations under Directive 2006/22;










2.


orders the Portuguese Republic to pay the costs.






(1)  OJ C 223, 30.8.2008.
Non-opposition to a notified concentration — (Case COMP/M.5406 — IPIC/Man Ferrostaal AG) Text with EEA relevance
Date: 2009-05-19
Institutions: European Commission
Subjects: economic concentration, energy distribution, energy industry, exchange of information, implementation of the budget, industrial investment, long-term financing, merger control, oil refining, provision of services








C_2009114EN.01000801.xml










19.5.2009   


EN


Official Journal of the European Union


C 114/8





Non-opposition to a notified concentration
(Case COMP/M.5406 — IPIC/Man Ferrostaal AG)
(Text with EEA relevance)
2009/C 114/02
On 13 March 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website under document number 32009M5406. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Notice of the impending expiry of certain anti-dumping measures
Date: 2009-05-19
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, plywood








C_2009114EN.01001101.xml










19.5.2009   


EN


Official Journal of the European Union


C 114/11





Notice of the impending expiry of certain anti-dumping measures
2009/C 114/06
1.   As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 384/96.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Okoumé plywood


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 1942/2004 (OJ L 336, 12.11.2004, p. 4)


13.11.2009






(1)  OJ L 56, 6.3.1996, p. 1.

(2)  Fax +32 22956505.
Case T-195/09: Action brought on 19 May 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)
Date: 2009-05-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), trade-mark law








C_2009180EN.01005401.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/54





Action brought on 19 May 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)
(Case T-195/09)
2009/C 180/100
Language in which the application was lodged: English

Parties


Applicants: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson and J. Olsson, lawyers)

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

Other party to the proceedings before the Board of Appeal: DF World of Spices GmbH (Dissen, Germany)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2009 in case R 577/2008-2; and










—


Order the defendant to pay the costs incurred both in the proceedings before the Court of First Instance and before OHIM.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark “KATOZ”, for goods in classes 29, 30 and 31

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration of the figurative mark “KATTUS” for goods in classes 29, 30, 31 and 33

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal and partially rejected the application for the Community trade mark

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly concluded that there was a likelihood of confusion between the trade marks concerned.
Case T-251/06: Order of the Court of First Instance of 19 May 2009 — Mayer-Falk v Commission (Regulation (EC) No 1049/2001 — Documents concerning the fight against organised crime and the judicial reform in Bulgaria — Refusal of access — Disappearance of the subject-matter of the dispute — No need to adjudicate)
Date: 2009-05-19
Institutions: Court of First Instance
Subjects: Bulgaria, European Commission, General Court (EU), access to information, disclosure of information, ordinance








C_2009180EN.01005001.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/50





Order of the Court of First Instance of 19 May 2009 — Mayer-Falk v Commission
(Case T-251/06) (1)

(Regulation (EC) No 1049/2001 - Documents concerning the fight against organised crime and the judicial reform in Bulgaria - Refusal of access - Disappearance of the subject-matter of the dispute - No need to adjudicate)
2009/C 180/93
Language of the case: German

Parties


Applicant: Thomas Mayer-Falk (Bruchsal, Germany) (represented by: S. Crosby, solicitor)

Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira and A. Antoniadis, Agents)

Re:

Annulment of the Commission’s decision of 6 November 2006 refusing to grant the applicant access to two documents relating to the fight against organised crime and to judicial reform in Bulgaria.

Operative part of the order







1.


There is no need to adjudicate on the present action.










2.


Each party is ordered to pay its own costs.






(1)  OJ C 236, 13.09.2008.
Euro exchange rates
Date: 2009-05-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2009114EN.01000901.xml










19.5.2009   


EN


Official Journal of the European Union


C 114/9





Euro exchange rates (1)

18 May 2009
2009/C 114/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3494




JPY


Japanese yen


129,28




DKK


Danish krone


7,4455




GBP


Pound sterling


0,88250




SEK


Swedish krona


10,6049




CHF


Swiss franc


1,5115




ISK


Iceland króna


 




NOK


Norwegian krone


8,7785




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,920




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


284,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7091




PLN


Polish zloty


4,4680




RON


Romanian leu


4,1735




TRY


Turkish lira


2,0981




AUD


Australian dollar


1,7776




CAD


Canadian dollar


1,5779




HKD


Hong Kong dollar


10,4609




NZD


New Zealand dollar


2,2861




SGD


Singapore dollar


1,9803




KRW


South Korean won


1 694,43




ZAR


South African rand


11,6534




CNY


Chinese yuan renminbi


9,2124




HRK


Croatian kuna


7,3785




IDR


Indonesian rupiah


14 006,04




MYR


Malaysian ringgit


4,7964




PHP


Philippine peso


64,045




RUB


Russian rouble


43,3415




THB


Thai baht


46,635




BRL


Brazilian real


2,8217




MXN


Mexican peso


17,8339




INR


Indian rupee


64,6230






(1)  Source: reference exchange rate published by the ECB.