do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 425/2009 of 20 May 2009 fixing the maximum buying-in price for butter for the 5th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009
Date: 2009-05-20
Institutions: European Commission
Subjects: award of contract, butter, export refund, maximum price, purchase price








L_2009125EN.01007101.xml










21.5.2009   


EN


Official Journal of the European Union


L 125/71








            COMMISSION REGULATION (EC) No 425/2009
of 20 May 2009
         
fixing the maximum buying-in price for butter for the 5th 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 5th 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 5th 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 19 May 2009, the maximum buying-in price shall be EUR 220,00/100 kg.


Article 2
This Regulation shall enter into force on 21 May 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 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.
Case C-214/08 P: Judgment of the Court (Third Chamber) of 20 May 2009 — Philippe Guigard v Commission of the European Communities (Appeal — Action for damages — Conditions for the Community to incur contractual and non-contractual liability — Articles 313(2)(k), 314 and 317(a) of the Fourth Lomé Convention, as revised by the Mauritius Agreement)
Date: 2009-05-20
Institutions: Court of Justice
Subjects: European Commission, action by staff, appeal, fourth Lomé Convention, personnel administration








C_2009167EN.01000201.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/2





Judgment of the Court (Third Chamber) of 20 May 2009 — Philippe Guigard v Commission of the European Communities
(Case C-214/08 P) (1)

(Appeal - Action for damages - Conditions for the Community to incur contractual and non-contractual liability - Articles 313(2)(k), 314 and 317(a) of the Fourth Lomé Convention, as revised by the Mauritius Agreement)
2009/C 167/02
Language of the case: French

Parties


Appellant: Philippe Guigard (represented by: S. Rodrigues and C. Bernard-Glanz)

Other party to the proceedings: Commission of the European Communities (represented by: A. Bordes and F. Dintilhac, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 11 March 2008 in Case T-301/05 Guigard v Commission, by which the Court of First Instance dismissed the applicant’s action for damages for the loss which he allegedly suffered by reason of the Commission’s conduct with regard to the non-renewal of his contract of employment concluded in the framework of technical co-operation between the Community and the Republic of Niger financed by the European Development Fund — Conditions for the Community to incur non-contractual liability — Infringement of Articles 313(2)(k) and 314 of the Fourth Lomé Convention (OJ 1991 L 229), as revised by the Mauritius Agreement (OJ 1998 L 156, p. 3) — Infringement of the obligation to state reasons and of the rights of the defence.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Court of First Instance of the European Communities in Case T-301/05 Guigard v Commission inasmuch as it declared Mr Guigard’s action to be admissible;










2.


Dismisses Mr Guigard’s action in Case T-301/05;










3.


Declares that it is not necessary to rule on the appeal;










4.


Orders Mr Guigard to pay the costs incurred by the Commission of the European Communities before the Court of Justice of the European Communities and before the Court of First Instance of the European Communities.






(1)  OJ C 223, 30.08.2008.
Prior notification of a concentration — (Case COMP/M.5524 — Météo-France/CDC/NYSE Euronext/MetNext) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-05-20
Institutions: European Commission
Subjects: climate, climate change, economic concentration, exchange of information, financial institution, insurance, merger control, meteorology, property market, provision of services








C_2009115EN.01002101.xml










20.5.2009   


EN


Official Journal of the European Union


C 115/21





Prior notification of a concentration
(Case COMP/M.5524 — Météo-France/CDC/NYSE Euronext/MetNext)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 115/08






1.


On 30 April 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004, (1) by which Caisse des Dépots et Consignations (‘CDC’, France, belonging to the French State), Météo-France (France, belonging to the French State) and NYSE Euronext (United States) would jointly acquire control of MetNext (France), within the meaning of Article 3(1)(b) of the Regulation, by purchase of shares.










2.


The business activities of the undertakings concerned are:






—


CDC: is a publicly owned group operating in personal insurance (CNP Assurances), property (SNI and Icade), capital investment and services,










—


Météo-France: gathers and provides French and European weather and climate information,










—


NYSE Euronext: manages markets for financial instruments,










—


MetNext: develops and markets products designed (i) to enable industrial leaders to manage and anticipate the impact of weather variations on their businesses, and (ii) to enable certain service providers (insurers in particular) to structure index-based weather cover for their customers.














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.5524 — Météo-France/CDC/NYSE Euronext/MetNext, 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.
Euro exchange rates
Date: 2009-05-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2009115EN.01001601.xml










20.5.2009   


EN


Official Journal of the European Union


C 115/16





Euro exchange rates (1)

19 May 2009
2009/C 115/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3612




JPY


Japanese yen


130,91




DKK


Danish krone


7,4465




GBP


Pound sterling


0,87940




SEK


Swedish krona


10,4705




CHF


Swiss franc


1,5146




ISK


Iceland króna


 




NOK


Norwegian krone


8,7450




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,669




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


278,18




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7091




PLN


Polish zloty


4,3770




RON


Romanian leu


4,1655




TRY


Turkish lira


2,0923




AUD


Australian dollar


1,7563




CAD


Canadian dollar


1,5754




HKD


Hong Kong dollar


10,5513




NZD


New Zealand dollar


2,2512




SGD


Singapore dollar


1,9914




KRW


South Korean won


1 695,45




ZAR


South African rand


11,5437




CNY


Chinese yuan renminbi


9,2896




HRK


Croatian kuna


7,3600




IDR


Indonesian rupiah


13 946,30




MYR


Malaysian ringgit


4,8057




PHP


Philippine peso


64,169




RUB


Russian rouble


43,3374




THB


Thai baht


46,839




BRL


Brazilian real


2,7959




MXN


Mexican peso


17,5799




INR


Indian rupee


65,0450






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 418/2009 of 20 May 2009 entering a name in the register of protected designations of origin and protected geographical indications (Petit Épeautre de Haute Provence (PGI))
Date: 2009-05-20
Institutions: European Commission
Subjects: France, Provence-Alpes-Côte d'Azur, location of production, originating product, product designation, wheat








L_2009125EN.01005801.xml










21.5.2009   


EN


Official Journal of the European Union


L 125/58








            COMMISSION REGULATION (EC) No 418/2009
of 20 May 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Petit Épeautre de Haute Provence (PGI))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 7(4) thereof,

Whereas:







(1)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Petit Épeautre de Haute Provence’ has been published in the Official Journal of the European Union (2).












(2)


As no objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 May 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 261, 14.10.2008, p. 11.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

FRANCE
Petit Épeautre de Haute Provence (PGI)
Case T-89/07: Judgment of the Court of First Instance of 20 May 2009 — VIP Car Solutions v Parliament (Public service contracts — Tendering procedure concerning a chauffeur driven car and minibus service for Members of the European Parliament during sessions in Strasbourg — Rejection of a tender — Obligation to state reasons — Refusal to disclose the price proposed by the successful tenderer — Action for damages)
Date: 2009-05-20
Institutions: Court of First Instance
Subjects: European Parliament, General Court (EU), action for annulment (EU), award of contract, competition law, invitation to tender, transport company








C_2009153EN.01003601.xml










4.7.2009   


EN


Official Journal of the European Union


C 153/36





Judgment of the Court of First Instance of 20 May 2009 — VIP Car Solutions v Parliament
(Case T-89/07) (1)

(Public service contracts - Tendering procedure concerning a chauffeur driven car and minibus service for Members of the European Parliament during sessions in Strasbourg - Rejection of a tender - Obligation to state reasons - Refusal to disclose the price proposed by the successful tenderer - Action for damages)
2009/C 153/68
Language of the case: French

Parties


Applicant: VIP Car Solutions SARL (Hoenheim, France) (represented by: G. Welzer and S. Leuvrey, lawyers)

Defendant: European Parliament (represented by: D. Petersheim and M. Ecker, Agents)

Re:

First, annulment of the decision of the Parliament to refuse to award to the applicant the public contract which was the subject of tendering procedure PE/2006/06/UTD/1 concerning a chauffeur-driven car and minibus service for Members of the European Parliament during sessions in Strasbourg and, second, a claim for damages.

Operative part of the judgment

The Court:






1.


Annuls the decision by which the European Parliament refused to award to VIP Car Solutions SARL the public contract which was the subject of tendering procedure PE/2006/06/UTD/1;










2.


Dismisses the action as to the remainder;










3.


Orders the Parliament to pay the costs.






(1)  OJ C 117, 29.5.2007.
Acceptance of the Guidelines for the examination of State aid to fisheries and aquaculture
Date: 2009-05-20
Institutions: European Commission
Subjects: State aid, aquaculture, control of State aid, fishing industry








C_2009115EN.01001501.xml










20.5.2009   


EN


Official Journal of the European Union


C 115/15





Acceptance of the Guidelines for the examination of State aid to fisheries and aquaculture (1)

2009/C 115/02
In accordance with Article 26(1) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (2) the Commission announces the following:






 


Pursuant to Paragraph 5.2 of the Guidelines for the examination of State aid to fisheries and aquaculture, Member States were asked by letter of 15 April 2008 to confirm in writing that they accept the proposals for appropriate measures no later than 1 September 2008. That letter reminded the Member States that, in line with the above Guidelines, failure to do so by a Member State would be taken by the Commission to signify acceptance of the proposals, unless that Member Sate had notified the Commission in writing of its explicit disagreement.










 


In a letter dated 30 May 2008, the Finnish authorities indicated that they are prepared to amend an existing aid scheme related to fisheries insurance but not to the extent required by the appropriate measures. That scheme was notified to the Commission by letter of 27 April 1995 on the basis of Article 144 (a) of the Treaty of Accession of the Republic of Finland to the European Union, and subsequently was deemed to be existing aid within the meaning of Article 93 (1) of the EC Treaty.










 


The other Member States have either replied in writing that they accepted the appropriate measures or failed to do so which is considered as an acceptance in accordance with the terms of the letter of 15 April 2008.










 


The Commission therefore considers that all Member States except Finland for the abovementioned scheme have accepted the proposals and that all their current aid schemes were brought in line with the Guidelines by 1 September 2008.






(1)  OJ C 84, 3.4.2008, p. 10.

(2)  OJ L 83, 27.3.1999, p. 1.
Judgement of the Court of 20 May 2009 in Case E-2/09 — EFTA Surveillance Authority v The Republic of Iceland (Failure by a Contracting Party to fulfil its obligations — Commission Regulation (EC) No 593/2007 on the fees and charges levied by the European Aviation Safety Agency — Judgement by default)
Date: 2009-05-20
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, EU law - national law, European Economic Area, Iceland, air safety, air transport, supervisory body








C_2010305EN.01001801.xml










11.11.2010   


EN


Official Journal of the European Union


C 305/18





JUDGEMENT OF THE COURT
of 20 May 2009
in Case E-2/09
EFTA Surveillance Authority v The Republic of Iceland

(Failure by a Contracting Party to fulfil its obligations — Commission Regulation (EC) No 593/2007 on the fees and charges levied by the European Aviation Safety Agency — Judgement by default)

2010/C 305/11
In Case E-2/09, EFTA Surveillance Authority v The Republic of Iceland — APPLICATION for a declaration that by failing to adopt the measures necessary to make the Act referred to at point 66s of Chapter VI of Annex XIII to the EEA Agreement (Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency), as adapted to the EEA Agreement by Protocol 1 thereto, part of its internal legal order within the time prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Thorgeir Örlygsson and Henrik Bull, Judges, gave judgment on 20 May 2009, the operative part of which is as follows:
The Court hereby:






1.


declares that, by failing to adopt, within the prescribed time limit, the national measures necessary to make the Act referred to at point 66s of Chapter VI of Annex XIII to the EEA Agreement, i.e. Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency, as adapted by way of Protocol 1 to the EEA Agreement, part of its internal legal order, Iceland has failed to fulfil its obligations under Article 7 EEA;










2.


orders the Republic of Iceland to bear the costs of the proceedings.
Notice of the impending expiry of certain anti-dumping measures
Date: 2009-05-20
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, pesticide








C_2009115EN.01001901.xml










20.5.2009   


EN


Official Journal of the European Union


C 115/19





Notice of the impending expiry of certain anti-dumping measures
2009/C 115/06
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




Glyphosate


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 1683/2004 (OJ L 303, 30.9.2004, p. 1) extended to imports consigned from the Malaysia and Taiwan. Council Regulation (EC) No 163/2002 (OJ L 30, 31.1.2002, p. 1)


1.10.2009






(1)  OJ L 56, 6.3.1996, p. 1.

(2)  Fax: +32 22956505.
Case F-54/09: Action brought on 20 May 2009 — Lebedef v Commission
Date: 2009-05-20
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), paid leave, rest period








C_2009167EN.01002801.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/28





Action brought on 20 May 2009 — Lebedef v Commission
(Case F-54/09)
2009/C 167/56
Language of the case: French

Parties


Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of several decisions concerning the deduction of 39 days of the applicant’s leave entitlement for 2008.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decisions of 12 February 2008, 1 April 2008, 10 April 2008, 20 May 2008 and 14 July 2008 concerning the deduction of 39 days of the applicant’s leave entitlement for 2008;










—


order the Commission of the European Communities to pay the costs.
Notice of the impending expiry of certain anti-dumping measures
Date: 2009-05-20
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, oil technology








C_2009115EN.01001801.xml










20.5.2009   


EN


Official Journal of the European Union


C 115/18





Notice of the impending expiry of certain anti-dumping measures
2009/C 115/05
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




Tungsten carbide and fused tungsten carbide


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 2268/2004 (OJ L 395, 31.12.2004, p. 56)


1.1.2010






(1)  OJ L 56, 6.3.1996, p. 1.

(2)  Fax: +32 2 2956505.