do-me/EUR-LEX huggingface dataset:
Euro exchange rates
Date: 2009-05-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2009119EN.01001101.xml










28.5.2009   


EN


Official Journal of the European Union


C 119/11





Euro exchange rates (1)

27 May 2009
2009/C 119/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3901




JPY


Japanese yen


132,48




DKK


Danish krone


7,4442




GBP


Pound sterling


0,87060




SEK


Swedish krona


10,6540




CHF


Swiss franc


1,5135




ISK


Iceland króna


 




NOK


Norwegian krone


8,8710




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,725




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


282,85




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7091




PLN


Polish zloty


4,4363




RON


Romanian leu


4,1833




TRY


Turkish lira


2,1844




AUD


Australian dollar


1,7773




CAD


Canadian dollar


1,5536




HKD


Hong Kong dollar


10,7770




NZD


New Zealand dollar


2,2501




SGD


Singapore dollar


2,0188




KRW


South Korean won


1 759,31




ZAR


South African rand


11,5155




CNY


Chinese yuan renminbi


9,4917




HRK


Croatian kuna


7,3055




IDR


Indonesian rupiah


14 441,13




MYR


Malaysian ringgit


4,8702




PHP


Philippine peso


65,698




RUB


Russian rouble


43,3886




THB


Thai baht


47,799




BRL


Brazilian real


2,7991




MXN


Mexican peso


18,3082




INR


Indian rupee


66,2660






(1)  Source: reference exchange rate published by the ECB.
Case T-218/09: Action brought on 28 May 2009 — Italy v Commission and EPSO
Date: 2009-05-28
Institutions: Court of First Instance
Subjects: European Commission, European Community, action for annulment (EU), appointment of staff, competition (EU), language








C_2009180EN.01005901.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/59





Action brought on 28 May 2009 — Italy v Commission and EPSO
(Case T-218/09)
2009/C 180/109
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: P. Gentili, avvocato dello Stato)

Defendants: Commission of the European Communities and European Personnel Selection Office (EPSO)

Form of order sought







—


Annul the notice of admission tests and notice of open competition EPSO/AST/91/09 to form a reserve list for the recruitment of assistants (AST 3) in the offset printing field;










—


annul the notice of admission tests and notice of open competition EPSO/AST/92/09 to form a reserve list for the recruitment of assistants (AST 3) in the pre-press field.





Pleas in law and main arguments

The applicant challenges the notices of open competition referred to above in so far as some of the tests that are required to be taken must necessarily be taken in German, English of French.
In support of its challenge, the Italian Republic relies on forward the following grounds:






—


infringement of Article 290 EC, which confers exclusive competence on the Council, acting unanimously, to determine the rules governing the languages of Community acts. The applicant submits in that connection that in the case at issue EPSO effectively assumed the role of the Council in determining the rules governing the languages of the two competitions by requiring that, as a second language and as the language in which the admission tests, two out of three of the written tests and the oral tests were to be taken, the candidates were obliged to choose between English, French and German, all the other languages of the Member States being excluded;










—


infringement of Article 12 EC, Article 22 of the Charter of Fundamental Rights of the European Union, Articles 1 and 6 of Regulation No 1/58 (1) and Article 28 of the Staff Regulations. It is submitted in this regard that all the national languages of the Member States have the status of official languages and working languages of European Union. A notice of open competition cannot therefore arbitrarily limit to just three the languages which candidates may choose from as a second language and as the language in which correspondence and the competition tests will be conducted. Moreover, Article 28 of the Staff Regulations requires candidates to have knowledge of a second Community language in addition to their own national language and does not confer any special status on English, French or German.




Finally, the applicant pleads infringement of Article 253 EC and of the principle of the protection of legitimate expectation.


(1)  Regulation No 1determining the languages to be used by the European Economic Community (OJ English Special Edition, 1952-1958, p. 59)
Commission Regulation (EC) No 445/2009 of 28 May 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-05-28
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009132EN.01000101.xml










29.5.2009   


EN


Official Journal of the European Union


L 132/1








            COMMISSION REGULATION (EC) No 445/2009
of 28 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 29 May 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 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 


IL 


78,8 




MA 


72,7 




MK 


47,9 




TN 


105,3 




TR 


56,5 




ZZ 


72,2 




0707 00 05 


JO 


151,2 




MK 


32,6 




TR 


115,1 




ZZ 


99,6 




0709 90 70 


JO 


216,7 




TR 


117,7 




ZZ 


167,2 




0805 10 20 


EG 


43,8 




IL 


55,6 




MA 


42,9 




TN 


108,2 




TR 


67,5 




US 


43,9 




ZA 


63,5 




ZZ 


60,8 




0805 50 10 


AR 


59,5 




TR 


52,1 




ZA 


57,6 




ZZ 


56,4 




0808 10 80 


AR 


68,0 




BR 


80,4 




CL 


79,8 




CN 


73,6 




NZ 


104,4 




US 


102,8 




UY 


71,7 




ZA 


84,6 




ZZ 


83,2 




0809 20 95 


US 


272,9 




ZZ 


272,9 






(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-190/09: Action brought on 28 May 2009 — Commission of the European Communities v Republic of Cyprus
Date: 2009-05-28
Institutions: Court of Justice
Subjects: Cyprus, European Commission, action for failure to fulfil an obligation, biofuel, genetically modified organism, renewable energy, substitute fuel, transport policy








C_2009180EN.01003303.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/33





Action brought on 28 May 2009 — Commission of the European Communities v Republic of Cyprus
(Case C-190/09)
2009/C 180/57
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: I. Khatzigiannis, A. Margelis, acting as Agents)

Defendant: Republic of Cyprus

Form of order sought

The Court is asked to:






—


declare that, by prohibiting the distribution and sale of biofuels produced from genetically modified plants and by enacting section 6 of Law 66(I) of 2005 without previous notification to the European Commission, the Republic of Cyprus is in breach of its obligations under Article 28 EC and Article 8(1) of Directive 98/34/EC (1);










—


order the Republic of Cyprus to pay the costs.





Pleas in law and main arguments

Cypriot Law No 66(I) of the promotion of the use of biofuels or other renewable fuels for transport transposes into Cypriot law Directive 2003/30/EC on the promotion of the use of biofuels or other reusable fuels for transport. However, section 6 of that Cypriot law contains a clause pursuant to which the distribution and sale of biofuels produced from genetically modified plants is prohibited.
The cultivation of approved varieties of genetically modified (GM) plants in the European Union is lawful on the basis of Directive 2001/18/EC and Regulation (EC) No 1829/2003. Nevertheless, processed fuels produced from genetically modified plants do not fall within the scope of application of that legislation and consequently the compatibility of the clause with Articles 28 to 30 of the EC Treaty falls to be examined.
As regards infringement of Articles 28 to 30 of the EC Treaty, the Commission considers, first, that the Cypriot prohibition is not necessary to protect any kind of public interest and, second, that the national rules which prohibit a product absolutely are contrary to the principle of proportionality.
As regards infringement of Directive 98/34/EC, the Commission considers that section 6 of Law No 66(I) 2005 constitutes a technical regulation within the meaning of Article 1 thereof, and does not fall within the exemption of Article 10(1), first indent. Consequently, the Cypriot authorities were required to inform the Commission of the above provision. Since the Cypriot authorities enacted the provision without prior notification, they were in breach of their obligation under Article 8(1) of Directive 98/34/EC.


(1)  OJ L 204 of 21.7.1998, p. 37.
Case C-189/09: Action brought on 28 May 2009 — Commission of the European Communities v Republic of Austria
Date: 2009-05-28
Institutions: Court of Justice
Subjects: Austria, European Commission, access to information, action for failure to fulfil an obligation, disclosure of information, fine, information network, provision of services








C_2009180EN.01003302.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/33





Action brought on 28 May 2009 — Commission of the European Communities v Republic of Austria
(Case C-189/09)
2009/C 180/56
Language of the case: German

Parties


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

Defendant: Republic of Austria

Form of order sought







—


Declare that, by failure to adopt the laws, regulations and administrative provisions necessary to implement 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 by failing to notify the commission thereof, the Republic of Austria has failed to fulfil its obligations under that directive;










—


order Republic of Austria to pay the costs.





Pleas in law and main arguments

The period prescribed for implementation of the directive expired on the 15 September 2007. At the time the present action was lodged, the defendant had not yet adopted the necessary measures for the implementation of this directive, or had in any case not notified the Commission thereof.


(1)  OJ L 105 of 13.4.2006, p. 54.
Case T-213/09: Action brought on 28 May 2009 — Yorma's AG v OHIM — Norma Lebensmittelfilialbetrieb (YORMAS’S)
Date: 2009-05-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), marketing, trade-mark law








C_2009180EN.01005701.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/57





Action brought on 28 May 2009 — Yorma's AG v OHIM — Norma Lebensmittelfilialbetrieb (YORMAS’S)
(Case T-213/09)
2009/C 180/105
Language in which the application was lodged: German

Parties


Applicant: Yorma’s AG (Deggendorf, Germany) (represented by A. Weiß, 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: Norma Lebensmittelfilialbetrieb GmbH & Co. KG

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 February 2009 in Case R 1879/2007-1; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark composed of a word element ‘YORMA’S’ in blue and yellow for services in Classes 35 and 42 (Registration No 2 048 205)

Proprietor of the mark or sign cited in the opposition proceedings: Norma Lebensmittelfilialbetrieb GmbH & Co. KG

Mark or sign cited in opposition: Word mark ‘Norma’ (Community trade mark No 213 769) for goods in Classes 3, 5, 8, 16, 18, 21, 25, 28, 29, 30, 31, 32, 33, 34, 35 and 36 and the commercial symbol ‘NORMA’ used in the course of trade in Germany, as well as the figurative sign ‘NORMA’

Decision of the Examiner: Rejection of the opposition.

Decision of the Board of Appeal: Annulment of the appealed decision and rejection of the Community trade mark application.

Pleas in law: Infringement of Article 8(1)(b) and (4) of Council Regulation No 40/94 (now Article 8(1)(b) and (4) of Regulation (EC) No 207/2009 (1))


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Non-opposition to a notified concentration — (Case COMP/M.5490 — MOL/INA) (Text with EEA relevance)
Date: 2009-05-28
Institutions: European Commission
Subjects: economic concentration, energy industry, exchange of information, extraction of oil, gas industry, gas supply, merger control, mining extraction, oil industry








C_2009119EN.01000101.xml










28.5.2009   


EN


Official Journal of the European Union


C 119/1





Non-opposition to a notified concentration
(Case COMP/M.5490 — MOL/INA)
(Text with EEA relevance)
2009/C 119/01
On 18 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/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 32009M5490. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Prior notification of a concentration — (Case COMP/M.5541 — GE/NewsCorp/Disney/Hulu JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-05-28
Institutions: European Commission
Subjects: Internet, audiovisual industry, economic concentration, exchange of information, financial institution, industrial product, merger control








C_2009119EN.01001201.xml










28.5.2009   


EN


Official Journal of the European Union


C 119/12





Prior notification of a concentration
(Case COMP/M.5541 — GE/NewsCorp/Disney/Hulu JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 119/04






1.


On 19 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 General Electric (‘GE’, USA), News Corporation (‘NewsCorp’, USA) and The Walt Disney Company (‘Disney’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over Hulu LLC (‘Hulu’, USA), an existing company currently jointly controlled by GE and NewsCorp, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for GE: Infrastructure, industrial products, finance, healthcare, media and entertaining,










—


for NewsCorp: Entertainment, television, newspapers, magazines, book publishing,










—


for Disney: Entertainment and media,










—


for Hulu: TV and film entertainment over the internet.














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.5541 — GE/NewsCorp/Disney/Hulu JV, 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.
Prior notification of a concentration — (Case COMP/M.5523 — CVC/Belgian State/De Post-La Poste) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-05-28
Institutions: European Commission
Subjects: Belgium, economic concentration, exchange of information, investment, merger control, postal service








C_2009119EN.01001301.xml










28.5.2009   


EN


Official Journal of the European Union


C 119/13





Prior notification of a concentration
(Case COMP/M.5523 — CVC/Belgian State/De Post-La Poste)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 119/05






1.


On 13 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 CVC Capital Partners SICAV-FIS S.A. (‘CVC’, Luxembourg) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking De Post NV/La Poste SA (‘De Post-La Poste’, Belgium) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for De Post-La Poste: Belgian universal postal services operator,










—


for CVC: private equity company.














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.5523 — CVC/Belgian State/De Post-La Poste, 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.
2009/448/EC: Council Decision of 28 May 2009 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of De Nederlandsche Bank
Date: 2009-05-28
Institutions: Council of the European Union
Subjects: European Commissioner, Netherlands, accountant, central bank, self-employed person




L_2009149EN.01006401.xml










12.6.2009   


EN


Official Journal of the European Union


L 149/64








            COUNCIL DECISION
         
of 28 May 2009
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of De Nederlandsche Bank
(2009/448/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27.1 thereof,


Having regard to Recommendation ECB/2009/8 of the European Central Bank of 3 April 2009 to the Council of the European Union on the external auditor of De Nederlandsche Bank (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


On 12 July 2005, Josephus Andreas Nijhuis, Registered Accountant and chairman of the board of PricewaterhouseCoopers Accountants N.V., acting in his personal capacity, was appointed as the external auditor of De Nederlandsche Bank from the financial year 2005 for an indefinite period, subject to confirmation each year.












(3)


Mr Nijhuis resigned from PricewaterhouseCoopers Accountants N.V. with effect from 1 October 2008; it is therefore necessary to appoint a new auditor.












(4)


De Nederlandsche Bank has selected PricewaterhouseCoopers Accountants N.V. as its external auditor for the financial years 2008 to 2011.












(5)


The Governing Council of the ECB recommended that PricewaterhouseCoopers Accountants N.V. should be appointed as the external auditor of De Nederlandsche Bank for the financial years 2008 to 2011.












(6)


It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (2) accordingly,





HAS DECIDED AS FOLLOWS:



Article 1
Article 1(8) of Decision 1999/70/EC shall be replaced by the following:

‘8.   PricewaterhouseCoopers Accountants N.V. is hereby approved as the external auditor of De Nederlandsche Bank for the financial years 2008 to 2011.’



Article 2
This Decision shall be notified to the ECB.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 28 May 2009.


For the Council


The President

V. TOŠOVSKÝ
            





(1)  
            OJ C 93, 22.4.2009, p. 1.

(2)  
            OJ L 22, 29.1.1999, p. 69.