do-me/EUR-LEX huggingface dataset:
Case T-214/09: Action brought on 26 May 2009 — COR Sitzmöbel Helmut Lübke v OHIM — El Corte Inglés (COR)
Date: 2009-05-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009180EN.01005702.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/57





Action brought on 26 May 2009 — COR Sitzmöbel Helmut Lübke v OHIM — El Corte Inglés (COR)
(Case T-214/09)
2009/C 180/106
Language in which the application was lodged: German

Parties


Applicant: COR Sitzmöbel Helmut Lübke (Rheda-Wiedenbrück, Germany) (represented by Y-G. von Amsberg, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: El Corte Inglés (Madrid, Spain)

Form of order sought







—


Annul the decision of the Second Board of Appeal of 4 March 2009 (R 376/2008-2); and










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word Mark ‘COR’ for goods in Clases 20 and 27 (International Registration No 839 721)

Proprietor of the mark or sign cited in the opposition proceedings: El Corte Inglés, SA

Mark or sign cited in opposition: Word Mark ‘CADENACOR’ (Community Trade mark No 2 362 598) for goods in Class 20

Decision of the Examiner: Refusal of Protection

Decision of the Board of Appeal: Dismissal of the Appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009 (1)), in as much as there is no likelihood of confusion between the opposing marks.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-186/09: Action brought on 26 May 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2009-05-26
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, action for failure to fulfil an obligation, anti-discriminatory measure, disclosure of information, equal treatment, gender equality, provision of services








C_2009180EN.01003301.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/33





Action brought on 26 May 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-186/09)
2009/C 180/55
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: M. van Beek, P. Van den Wyngaert, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claim that the Court should:







—


Declare that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/113/EC (1) of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, or in any event, by failing to communicate them to the Commission, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under the Directive;










—


order United Kingdom of Great Britain and Northern Ireland to pay the costs.





Pleas in law and main arguments

The period within which the Directive had to be transposed expired on 21 December 2007.


(1)  OJ L 373, p. 37.
Case C-185/09: Action brought on 26 May 2009 — Commission of the European Communities v Kingdom of Sweden
Date: 2009-05-26
Institutions: Court of Justice
Subjects: European Commission, Sweden, access to information, action for failure to fulfil an obligation, communications industry, disclosure of information, electronic mail








C_2009180EN.01003201.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/32





Action brought on 26 May 2009 — Commission of the European Communities v Kingdom of Sweden
(Case C-185/09)
2009/C 180/54
Language of the case: Swedish

Parties


Applicant: Commission of the European Communities (represented by: U. Jonsson and L. Balta, acting as Agents)

Defendant: Kingdom of Sweden

Form of order sought







—


Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (1) or, in any event, by failing to notify the Commission thereof, the Kingdom of Sweden has failed to fulfil its obligations under Article 15(1) of that directive, and










—


order the Kingdom of Sweden to pay the costs.





Pleas in law and main arguments

The period prescribed for implementing the Directive expired on 15 September 2007.


(1)  OJ L 105, p. 54.
Case F-55/09: Action brought on 26 May 2009 — Maxwell v Commission
Date: 2009-05-26
Institutions: Civil Service Tribunal
Subjects: European Commission, South Korea, action for annulment (EU), allowances and expenses, housing, redemption, renewable energy








C_2009180EN.01006403.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/64





Action brought on 26 May 2009 — Maxwell v Commission
(Case F-55/09)
2009/C 180/120
Language of the case: French

Parties


Applicant: Allan Maxwell (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the claim for compensation for the loss suffered by the applicant during his leave on personal grounds taken to perform the duties of ‘EU Senior Adviser’ at the Korean Peninsula Energy Development Organization (KEDO), loss resulting from the failure to reimburse accommodation and education expenses.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of the appointing authority of 2 September 2008 rejecting the applicant’s claim for compensation;










—


order the Commission to pay the applicant EUR 132 900 by way of reimbursement for accommodation and education expenses which he incurred in the course of his duties as EU Senior Advisor at KEDO;










—


order the Commission of the European Communities to pay the costs.
Non-opposition to a notified concentration — (Case COMP/M.5504 — Bridgepoint Capital Group/Hermes Private Equity Directs) (Text with EEA relevance)
Date: 2009-05-26
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial management, investment transaction, merger control








C_2009117EN.01000101.xml










26.5.2009   


EN


Official Journal of the European Union


C 117/1





Non-opposition to a notified concentration
(Case COMP/M.5504 — Bridgepoint Capital Group/Hermes Private Equity Directs)
(Text with EEA relevance)
2009/C 117/01
On 11 May 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/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 32009M5504. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu/en/index.htm).
Prior notification of a concentration — (Case COMP/M.5534 — Access/PCH/LBI) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-05-26
Institutions: European Commission
Subjects: aircraft, aluminium, chemical product, coal industry, economic concentration, exchange of information, fuel, merger control, oil industry, property market








C_2009117EN.01000701.xml










26.5.2009   


EN


Official Journal of the European Union


C 117/7





Prior notification of a concentration
(Case COMP/M.5534 — Access/PCH/LBI)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 117/05






1.


On 11 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 Access industries group (‘Access’, The United States) and ProChemie Holding Limited (‘PCH’, Jersey) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of LyondellBasell Industries AF S.C.A; (‘LBI’, Luxembourg) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for Access: oil, petrochemicals, coal, aluminium, power and real estates,










—


for PCH: (i) arms systems, defense and security products, (ii) manufacture and supply of lawn mowers, garden tools and lawn care products and (iii) operation and of trade in executive aircrafts,










—


for LBI: manufacturer and supplier of polymers, fuels and chemicals.














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.5534 — Access/PCH/LBI, 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.
Case C-183/09: Action brought on 26 May 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-05-26
Institutions: Court of Justice
Subjects: Greece, VAT, action for failure to fulfil an obligation, application of EU law, fine, tax system








C_2009167EN.01000602.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/6





Action brought on 26 May 2009 — Commission of the European Communities v Hellenic Republic
(Case C-183/09)
2009/C 167/11
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: D. Triantafillou and I. Dimitriou)

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:






—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with certain provisions of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax, or in any event by failing to notify such provisions to the Commission, the Hellenic Republic is in breach of its obligations under the first subparagraph of Article 412(1) of that directive;










—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing Directive 2006/112/EC into national law expired on 1 January 2008.


(1)  OJ L 347 of 11.12.2006, p. 1.
Case C-184/09: Action brought on 26 May 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-05-26
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, fine, mining industry, mining of ore, waste disposal, waste management








C_2009167EN.01000603.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/6





Action brought on 26 May 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-184/09)
2009/C 167/12
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: E. Adserá Ribera and A. Marghelis, Agents)

Defendant: Kingdom of Spain

Form of order sought







—


a declaration that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2006/21/EC (1) of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (2) or, in any event, by failing to notify those provisions to the Commission, the Kingdom of Spain has failed to fulfil its obligations under that directive;










—


an order that the Kingdom of Spain should pay the costs.





Pleas in law and main arguments

The period prescribed for transposition of Directive 2006/21/EC into domestic law expired on 30 April 2008.


(1)  OJ 2006 L 102, p. 15.

(2)  OJ 2004 L 143, p. 56.
Corrigendum to Commission Regulation (EC) No 423/2009 of 20 May 2009 on the issue of licences for importing rice under the tariff quotas opened for the May 2009 subperiod by Regulation (EC) No 1529/2007 ( OJ L 125, 21.5.2009 )
Date: 2009-05-26
Institutions: European Commission
Subjects: import licence, rice, tariff quota








L_2009127EN.01002101.xml










26.5.2009   


EN


Official Journal of the European Union


L 127/21







Corrigendum to Commission Regulation (EC) No 423/2009 of 20 May 2009 on the issue of licences for importing rice under the tariff quotas opened for the May 2009 subperiod by Regulation (EC) No 1529/2007
(
Official Journal of the European Union L 125 of 21 May 2009
)

On page 68, the Annex to Regulation (EC) No 423/2009 should read as follows:




                           ‘ANNEX

Quantities to be allocated for the May 2009 subperiod and quantities available for the following subperiod under Regulation (EC) No 1529/2007









Origin/product


Order number


Allocation coefficient for the month of May 2009 subperiod


Total quantities available for the September 2009 subperiod (kg)




States forming part of the Cariforum region (Article 1(1)(b) of Regulation (EC) No 1529/2007)






—


CN codes 1006 , except CN code 1006 10 10 






09.4220


— (2)



130 197 633 




OCTs (Article 1(2)(a) and (b) of Regulation (EC) No 1529/2007)






—


CN code 1006 






 


 


 










(a)


Netherlands Antilles and Aruba:






09.4189


— (2)



21 500 000 










(b)


least-developed OCTs:






09.4190


— (1)



10 000 000 









(1)  No allocation coefficient applied for this subperiod: no licence applications were sent to the Commission.

(2)  Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.’
Commission Regulation (EC) No 432/2009 of 26 May 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-05-26
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009128EN.01000301.xml










27.5.2009   


EN


Official Journal of the European Union


L 128/3








            COMMISSION REGULATION (EC) No 432/2009
of 26 May 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 27 May 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 May 2009.


For the Commission

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


48,8 




MK 


43,9 




TN 


105,3 




TR 


58,5 




ZZ 


64,1 




0707 00 05 


JO 


156,8 




MK 


27,4 




TR 


130,0 




ZZ 


104,7 




0709 90 70 


TR 


117,1 




ZZ 


117,1 




0805 10 20 


EG 


40,6 




IL 


62,9 




MA 


45,3 




TN 


108,2 




US 


42,1 




ZA 


63,5 




ZZ 


60,4 




0805 50 10 


AR 


53,0 




TR 


50,2 




ZA 


63,7 




ZZ 


55,6 




0808 10 80 


AR 


83,6 




BR 


78,1 




CL 


76,5 




CN 


90,0 




NZ 


99,9 




US 


110,4 




UY 


71,7 




ZA 


80,8 




ZZ 


86,4 




0809 20 95 


US 


449,0 




ZZ 


449,0 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case C-187/09: Action brought on 26 May 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2009-05-26
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, air conditioning, building services, fine, motor vehicle, reduction of gas emissions








C_2009167EN.01000701.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/7





Action brought on 26 May 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-187/09)
2009/C 167/13
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: O. Beynet, S. Walker, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:







—


Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2006/40/EC (1) of the European Parliament and of the Council of 17 May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC, or in any event, by failing to communicate them all to the Commission, the United Kingdom of Great Britain and Northern Ireland failed to fulfil its obligations under this Directive and under the Treaty;










—


order United Kingdom of Great Britain and Northern Ireland to pay the costs.





Pleas in law and main arguments

The period within which the Directive had to be transposed expired on 4 January 2008.


(1)  OJ L 161, p. 12
Euro exchange rates
Date: 2009-05-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2009117EN.01000201.xml










26.5.2009   


EN


Official Journal of the European Union


C 117/2





Euro exchange rates (1)

25 May 2009
2009/C 117/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4010




JPY


Japanese yen


133,22




DKK


Danish krone


7,4463




GBP


Pound sterling


0,88030




SEK


Swedish krona


10,4720




CHF


Swiss franc


1,5178




ISK


Iceland króna


 




NOK


Norwegian krone


8,8620




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,683




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


280,60




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7090




PLN


Polish zloty


4,4140




RON


Romanian leu


4,1710




TRY


Turkish lira


2,1672




AUD


Australian dollar


1,7924




CAD


Canadian dollar


1,5777




HKD


Hong Kong dollar


10,8595




NZD


New Zealand dollar


2,2652




SGD


Singapore dollar


2,0251




KRW


South Korean won


1 743,90




ZAR


South African rand


11,6640




CNY


Chinese yuan renminbi


9,5601




HRK


Croatian kuna


7,2929




IDR


Indonesian rupiah


14 286,69




MYR


Malaysian ringgit


4,8881




PHP


Philippine peso


65,674




RUB


Russian rouble


43,4875




THB


Thai baht


48,170




BRL


Brazilian real


2,8322




MXN


Mexican peso


18,4372




INR


Indian rupee


66,2740






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