do-me/EUR-LEX huggingface dataset:
Case C-144/08: Judgment of the Court (Eighth Chamber) of 4 June 2009 — Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Directive 83/182/EEC — Tax exemptions — Temporary import of vehicles — Normal residence)
Date: 2009-06-04
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, import, judgment of the Court (EU), motor vehicle, national implementing measure, residence, tax-free allowance








C_2009180EN.01001701.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/17





Judgment of the Court (Eighth Chamber) of 4 June 2009 — Commission of the European Communities v Republic of Finland
(Case C-144/08) (1)

(Failure of a Member State to fulfil obligations - Directive 83/182/EEC - Tax exemptions - Temporary import of vehicles - Normal residence)
2009/C 180/27
Language of the case: Finnish

Parties


Applicant: Commission of the European Communities (represented by: I. Koskinen and D. Triantafyllou, Agents)

Defendant: Republic of Finland (represented by: A. Guimaraes-Purokoski, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 7(1) of Council Directive 83/112/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another (OJ 1983 L 105, p. 59) — Incomplete definition of normal residence for the purposes of determining whether there is an entitlement to an exemption

Operative part of the judgment

The Court:






1.


Declares that, by using an incomplete definition of normal residence for the purposes of determining whether there is an entitlement to a tax exemption in respect of the temporary import of vehicles, the Republic of Finland has failed to fulfil its obligations under Article 7(1) of Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another;










2.


Orders the Republic of Finland to pay the costs.






(1)  OJ C 171, 5.7.2008.
Case C-555/08: Judgment of the Court (Seventh Chamber) of 4 June 2009 — Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)
Date: 2009-06-04
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, company with share capital, international merger, judgment of the Court (EU), limitation of legal proceedings








C_2009180EN.01002401.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/24





Judgment of the Court (Seventh Chamber) of 4 June 2009 — Commission of the European Communities v Kingdom of Sweden
(Case C-555/08) (1)

(Failure by a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period)
2009/C 180/40
Language of the case: Swedish

Parties


Applicant: Commission of the European Communities (represented by: P. Dejmek and K. Nyberg, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk and A. Engman, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the measures necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1) — Financial institutions which require authorisation by a public body, in particular banks and insurance companies

Operative part of the judgment

The Court:






1.


Declares that, by not adopting, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Sweden to pay the costs.






(1)  OJ C 32, 7.2.2009.
Case C-250/07: Judgment of the Court (First Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 93/38/EEC — Public contracts in the water, energy, transport and telecommunications sectors — Award of a contract without a prior call for competition — Conditions — Communication of the reasons for the rejection of a tender — Time-limit)
Date: 2009-06-04
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, complaint to the Commission, energy industry, invitation to tender, judgment of the Court (EU), public contract, telecommunications industry, transport company








C_2009180EN.01000302.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/3





Judgment of the Court (First Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic
(Case C-250/07) (1)

(Failure of a Member State to fulfil obligations - Directive 93/38/EEC - Public contracts in the water, energy, transport and telecommunications sectors - Award of a contract without a prior call for competition - Conditions - Communication of the reasons for the rejection of a tender - Time-limit)
2009/C 180/05
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: M. Patakia and D. Kukovec, agents)

Defendant: Hellenic Republic (represented by: D. Tsagkaraki, agent, V. Christianos, dikigoros)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 4, 20(2) and 41(4) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) — Tender procedure for the study, supply, transport, installation and bringing into operation of two thermoelectric units for the thermoelectric station at Atherinolakkos, Crete

Operative part of the judgment

The Court:






1.


Declares that, by being unjustifiably late in replying to a tenderer’s request for information concerning the reasons for the rejection of its tender, the Hellenic Republic has failed to fulfil its obligation under Article 41(4) of Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Commission Directive 2001/78/EC of 13 September 2001;










2.


Dismisses the action as to the remainder;










3.


Orders the Hellenic Republic and the Commission of the European Communities each to bear their own costs.






(1)  OJ C 155, 7.07.2007.
Council Decision of 4 June 2009 appointing one UK member of the Committee of the Regions
Date: 2009-06-04
Institutions: Council of the European Union
Subjects: European Committee of the Regions, United Kingdom, appointment of members








C_2009132EN.01000401.xml










11.6.2009   


EN


Official Journal of the European Union


C 132/4






COUNCIL DECISION

of 4 June 2009
appointing one UK member of the Committee of the Regions
2009/C 132/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal of the Government of the United Kingdom,
Whereas:






(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).










(2)


A member's seat on the Committee of the Regions has become vacant following the end of mandate of Mr Andrew CAMPBELL as a member of the Committee of the Regions,




HAS DECIDED AS FOLLOWS:
Article 1
The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
Ms Sue RAMSEY, Member of the Legislative Assembly, Northern Ireland.
Article 2
This Decision shall take effect on the day of its adoption.

Done at Luxembourg, 4 June 2009.


For the Council


The President

Martin PECINA





(1)  OJ L 56, 25.2.2006, p. 75.
Case C-199/09: Reference for a preliminary ruling from the Augstākās tiesas Senāts (Republic of Latvia) lodged on 4 June 2009 — Schenker SIA v Valsts ieņēmumu dienests
Date: 2009-06-04
Institutions: Court of Justice
Subjects: Latvia, consumer information, customs, customs regulations, interpretation of the law, labelling, marketing, product designation








C_2009193EN.01001001.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/10





Reference for a preliminary ruling from the Augstākās tiesas Senāts (Republic of Latvia) lodged on 4 June 2009 — Schenker SIA v Valsts ieņēmumu dienests
(Case C-199/09)
2009/C 193/12
Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings


Applicant: Schenker SIA

Defendant: Valsts ieņēmumu dienests

Question referred

Must Article 6(2) of Commission Regulation (EEC) No 2454/93 (1) of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code be interpreted as meaning that, with regard to an application for binding tariff information, binding information must be issued on identical goods, which share the same commercial denomination, article number or any other criterion which distinguishes or identifies the goods concerned?


(1)  OJ 1993 L 253, p. 1.
Case C-241/07: Judgment of the Court (Second Chamber) of 4 June 2009 (reference for a preliminary ruling from the Riigikohus — Republic of Estonia) — JK Otsa Talu OÜ v Põllumajanduse Registrite ja Informatsiooni Amet (PRIA) (EAGGF — Regulation (EC) No 1257/1999 — Community support for rural development — Support for agri-environmental production methods)
Date: 2009-06-04
Institutions: Court of Justice
Subjects: EAGGF, aid recipient, aid to agriculture, environmental protection, interpretation of the law, judgment of the Court (EU), rural development, sustainable development








C_2009180EN.01000301.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/3





Judgment of the Court (Second Chamber) of 4 June 2009 (reference for a preliminary ruling from the Riigikohus — Republic of Estonia) — JK Otsa Talu OÜ v Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)
(Case C-241/07) (1)

(EAGGF - Regulation (EC) No 1257/1999 - Community support for rural development - Support for agri-environmental production methods)
2009/C 180/04
Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings


Applicant: JK Otsa Talu OÜ

Defendant: Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

Re:

Reference for a preliminary ruling — Riigikohus — Interpretation of Articles 22, 23, 24(1), 37(4) and 39 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ 1999 L 160, p. 80) — National legislation reserving agri-environmental support solely to applicants who have already been granted support in the previous year and excluding new applicants who commit themselves to organising their production in accordance with agri-environmental requirements

Operative part of the judgment

The provisions of Article 24(1) of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended by Council Regulation (EC) No 2223/2004 of 22 December 2004, read in conjunction with Articles 37(4) and 39 thereof, do not preclude a Member State from restricting, on account of insufficient budgetary resources, the class of recipients of rural development support to farmers already concerned by a decision to grant such support in the previous budgetary year.


(1)  OJ C 170, 21.07.2007.
Case C-568/07: Judgment of the Court (Second Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Articles 43 EC and 48 EC — Opticians — Conditions of establishment — Establishment and operation of opticians’ shops — Incomplete compliance with a judgment of the Court — Lump sum)
Date: 2009-06-04
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), capacity to exercise rights, freedom of trade, independent retailer, judgment of the Court (EU), optical industry








C_2009180EN.01001102.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/11





Judgment of the Court (Second Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic
(Case C-568/07) (1)

(Failure of a Member State to fulfil obligations - Articles 43 EC and 48 EC - Opticians - Conditions of establishment - Establishment and operation of opticians’ shops - Incomplete compliance with a judgment of the Court - Lump sum)
2009/C 180/18
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: G. Zavvos and E. Traversa, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to comply fully with the Court’s judgment of 21 April 2005 in Case C-140/03 Commission v Greece concerning infringement of Articles 43 and 48 EC with regard to the ownership, establishment and operation of shops for the sale of optical articles — National law allowing only authorised opticians to own opticians’ shops — Application for the setting of a penalty payment

Operative part of the judgment

The Court:






1.


Declares that, by failing to take, by the date on which the time-limit set in the reasoned opinion issued by the Commission pursuant to Article 228 EC expired, all the measures necessary to comply with the judgment of 21 April 2005 in Case C-140/03 Commission v Greece, the Hellenic Republic has failed to fulfil its obligations under Article 228(1) EC.










2.


Orders the Hellenic Republic to pay into the ‘European Community own resources’ account of the Commission of the European Communities a lump sum of EUR 1 million.










3.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 64, 8.3.2008.
Commission Regulation (EC) No 458/2009 of 4 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-06-04
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009139EN.01000101.xml










5.6.2009   


EN


Official Journal of the European Union


L 139/1








            COMMISSION REGULATION (EC) No 458/2009
of 4 June 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 5 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 June 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 


69,6 




MA 


137,6 




TR 


56,3 




ZZ 


87,8 




0707 00 05 


MK 


27,4 




TR 


136,5 




ZZ 


82,0 




0709 90 70 


TR 


114,7 




ZZ 


114,7 




0805 50 10 


AR 


56,1 




TR 


60,0 




ZA 


58,9 




ZZ 


58,3 




0808 10 80 


AR 


113,4 




BR 


74,1 




CA 


69,7 




CL 


88,7 




CN 


90,6 




NZ 


105,9 




US 


120,6 




UY 


71,7 




ZA 


72,0 




ZZ 


89,6 




0809 10 00 


TR 


235,2 




ZZ 


235,2 




0809 20 95 


US 


453,6 




ZZ 


453,6 






(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-129/08: Order of the President of the Seventh Chamber of the Court of 4 June 2009 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge (Belgium)) — Carlos Cloet, Jacqueline Cloet v Westvlaamse Intercommunale voor Economische Expansie, Huisvestingsbeleid en Technische Bijstand CVBA (WVI)
Date: 2009-06-04
Institutions: Court of Justice
Subjects: Flemish Community, aid to undertakings, control of State aid, industrial plot, interpretation of the law, preferential price, sale








C_2009267EN.01005203.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/52





Order of the President of the Seventh Chamber of the Court of 4 June 2009 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge (Belgium)) — Carlos Cloet, Jacqueline Cloet v Westvlaamse Intercommunale voor Economische Expansie, Huisvestingsbeleid en Technische Bijstand CVBA (WVI)
(Case C-129/08) (1)

2009/C 267/88

Language of the case: Dutch

The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 142, 7.6.2008.
Council Decision of 4 June 2009 appointing one UK alternate member of the Committee of the Regions
Date: 2009-06-04
Institutions: Council of the European Union
Subjects: European Committee of the Regions, United Kingdom, appointment of members








C_2009132EN.01000301.xml










11.6.2009   


EN


Official Journal of the European Union


C 132/3






COUNCIL DECISION

of 4 June 2009
appointing one UK alternate member of the Committee of the Regions
2009/C 132/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal of the Government of the United Kingdom,
Whereas:






(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).










(2)


An alternate member's seat on the Committee of the Regions has become vacant following the appointment of Mr Robert BRIGHT as a member of the Committee of the Regions,




HAS DECIDED AS FOLLOWS:
Article 1
The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:
Mr Chris HOLLEY, Councillor for City and Council of Swansea, Wales.
Article 2
This Decision shall take effect on the day of its adoption.

Done at Luxembourg, 4 June 2009.


For the Council


The President

Martin PECINA





(1)  OJ L 56, 25.2.2006, p. 75.
Case C-427/08: Judgment of the Court (Fifth Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2006/100/EC — Failure to transpose within the prescribed period)
Date: 2009-06-04
Institutions: Court of Justice
Subjects: Bulgaria, Greece, Romania, accession to the European Union, action for failure to fulfil an obligation, free movement of persons, judgment of the Court (EU), legislation








C_2009180EN.01002301.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/23





Judgment of the Court (Fifth Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic
(Case C-427/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/100/EC - Failure to transpose within the prescribed period)
2009/C 180/38
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: H. Støvlbæk and I. Chatzigiannis, acting as Agents)

Defendant: Hellenic Republic (represented by: M. Michelogiannaki, 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 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141)

Operative part of the judgment

The Court:






1.


declares that, by not adopting, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Hellenic Republic has failed to fulfil its obligations under Article 2 of that directive;










2.


orders the Hellenic Republic to pay the costs.






(1)  OJ C 285, 8.11.2008.