do-me/EUR-LEX huggingface dataset:
2009/451/EC: Commission Decision of 8 June 2009 on the intention of the United Kingdom to accept Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (notified under document number C(2009) 4427)
Date: 2009-06-08
Institutions: European Commission
Subjects: divorce, family law, judicial cooperation in civil matters in the EU, maintenance obligation, parental responsibility








L_2009149EN.01007301.xml










12.6.2009   


EN


Official Journal of the European Union


L 149/73








            COMMISSION DECISION
         
of 8 June 2009
         
on the intention of the United Kingdom to accept Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
(notified under document number C(2009) 4427)
(2009/451/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, in particular to Article 11a thereof,


Having regard to the letter from the United Kingdom to the Council and the Commission of 15 January 2009,

Whereas:







(1)


On 18 December 2008, the Council adopted Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (1).












(2)


Pursuant to Article 1 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom did not participate in the adoption of Regulation (EC) No 4/2009.












(3)


In accordance with Article 4 of that Protocol, the United Kingdom notified the Council and the Commission by letter of 15 January 2009, received by the Commission on 17 January 2009, of its intention to accept Regulation (EC) No 4/2009.












(4)


On 21 April 2009 the Commission gave a positive opinion to the Council on the United Kingdom’s intention to accept Regulation (EC) No 4/2009,





HAS ADOPTED THIS DECISION:



Article 1
Regulation (EC) No 4/2009 shall apply to the United Kingdom in accordance with Article 2.


Article 2
Regulation (EC) No 4/2009 shall enter into force in the United Kingdom on 1 July 2009.
Article 2(2), Article 47(3) and Articles 71, 72 and 73 of the Regulation shall apply from 18 September 2010.
The other provisions of the Regulation shall apply from 18 June 2011, subject to the 2007 Hague Protocol on the law applicable to maintenance obligations being applicable in the Community by that date. Failing that, the Regulation shall apply from the date of application of that Protocol in the Community.


Article 3
This Decision is addressed to the Member States.




Done at Brussels, 8 June 2009.


For the Commission

Jacques BARROT
            

Vice-President






(1)  
            OJ L 7, 10.1.2009, p. 1.
Commission Regulation (EC) No 474/2009 of 8 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-06-08
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009144EN.01000901.xml










9.6.2009   


EN


Official Journal of the European Union


L 144/9








            COMMISSION REGULATION (EC) No 474/2009
of 8 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 9 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 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 


MA 


32,7 




MK 


43,9 




TR 


57,4 




ZZ 


44,7 




0707 00 05 


JO 


162,3 




MK 


24,8 




TR 


103,6 




ZZ 


96,9 




0709 90 70 


TR 


114,5 




ZZ 


114,5 




0805 50 10 


AR 


61,9 




TR 


60,0 




ZA 


62,7 




ZZ 


61,5 




0808 10 80 


AR 


103,0 




BR 


81,3 




CA 


69,7 




CL 


72,2 




CN 


92,2 




NA 


101,9 




NZ 


98,4 




US 


121,5 




ZA 


73,8 




ZZ 


90,4 




0809 10 00 


TN 


169,2 




TR 


199,3 




ZZ 


184,3 




0809 20 95 


TR 


177,9 




US 


453,6 




ZZ 


315,8 






(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 T-225/09: Action brought on 8 June 2009 — CLARO v OHIM — Telefónica (Claro)
Date: 2009-06-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, mobile phone, telecommunications industry, telephone, trade-mark law








C_2009180EN.01006102.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/61





Action brought on 8 June 2009 — CLARO v OHIM — Telefónica (Claro)
(Case T-225/09)
2009/C 180/113
Language in which the application was lodged: Spanish

Parties


Applicant: CLARO, SA (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal: Telefónica, SA (Madrid, Spain)

Form of order sought







—


Annul the decision of the Second Board of Appeal of OHIM of 26 February 2009, in Case R 1079/2008-2, remit the case to that board for it to decide on it afresh, and order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: BCP S/A, now trading as CLARO, S.A., the applicant.

Community trade mark concerned: Three-dimensional trade mark containing the word element “CLARO” (application for registration No 5 229 241), for goods and services in Classes 9 and 38.

Proprietor of the mark or sign cited in the opposition proceedings: Telefónica S.A.

Mark or sign cited in opposition: earlier Community word mark “CLARO” (No 2 017 341), for, inter alia, goods and services in Classes 9 and 38.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed as inadmissible, since the applicant had not filed the relevant statement of grounds for the appeal.

Pleas in law: The applicant submits that the contested decision is contrary to the principle of functional continuity between the Opposition Division and the Board of Appeal. It argues that it was obvious that its appeal was against the Opposition Division’s decision in its entirety, and that the appeal was based on the misinterpretation by the Opposition Division of Article 8(1)(b) of Regulation (EC) No 207/2009 on the Community trade mark.
Case T-498/07 P: Judgment of the Court of First Instance of 8 June 2009 — Krcova v Court of Justice (Appeal — Staff case — Officials — Recruitment — Probationary period — Extension of the probationary period — End of probation report — Dismissal at the end of the probationary period — Article 34 of the Staff Regulations — Obligation on the Civil Service Tribunal to state reasons)
Date: 2009-06-08
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, action by staff, appeal, probationary period, staff regulations (EU), unfair dismissal








C_2009233EN.01001401.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/14





Judgment of the Court of First Instance of 8 June 2009 — Krcova v Court of Justice
(Case T-498/07 P) (1)

(Appeal - Staff case - Officials - Recruitment - Probationary period - Extension of the probationary period - End of probation report - Dismissal at the end of the probationary period - Article 34 of the Staff Regulations - Obligation on the Civil Service Tribunal to state reasons)
2009/C 233/23
Language of the case: French

Parties


Appellant: Erika Krcova (Trnava, Slovakia) (represented by: J. Rooy, lawyer)

Other party to the proceedings: Court of Justice of the European Communities (represented by: M. Schauss initially, then A.V. Placco, Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 18 October 2007 in Case F-112/06 Krcova v Court of Justice ECR-SC I-A-0000, for that judgment to be set aside.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Erika Krcova to bear her own costs and to pay those incurred by the Court of Justice of the European Communities before the Court of First Instance.






(1)  OJ C 209, 15.8.2008.
Case C-203/09: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 8 June 2009 — Volvo Car Germany GmbH v Autohof Weidensdorf GmbH
Date: 2009-06-08
Institutions: Court of Justice
Subjects: dismissal, interpretation of the law, sales occupation, severance pay, work contract








C_2009180EN.01003402.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/34





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 8 June 2009 — Volvo Car Germany GmbH v Autohof Weidensdorf GmbH
(Case C-203/09)
2009/C 180/59
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Volvo Car Germany GmbH

Defendant: Autohof Weidensdorf GmbH

Questions referred







1.


Is Article 18(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents to be interpreted as precluding national legislation under which a commercial agent (1) is not entitled to an indemnity in the event of contractual termination of the contract by the principal if a serious ground for immediate termination of the contract because of the agent’s default existed at the date of contractual termination but was not the cause of the termination?










2.


If such national legislation is consistent with the Directive:
Does Article 18(a) of the Directive preclude the application by analogy of the national legislation concerning the exclusion of the indemnity claim to a case where a serious ground for the immediate termination of the contract because of the agent’s default arose only after contractual notice of termination was given and the principal became aware of that ground only after the contract ended, so that he was no longer able to give a further notice of immediate termination of the contract based on the agent’s default?






(1)  OJ 1986 L 382, p. 17.
Case T-149/09 R: Order of the President of the Court of First Instance of 8 June 2009 — Dover v Parliament (Application for interim measures — Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — Inadmissibility — No urgency)
Date: 2009-06-08
Institutions: Court of First Instance
Subjects: General Court (EU), Member of Parliament, allowances and expenses, limitation of legal proceedings, ordinance








C_2009180EN.01005102.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/51





Order of the President of the Court of First Instance of 8 June 2009 — Dover v Parliament
(Case T-149/09 R)
(Application for interim measures - Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses - Application for suspension of operation of a measure - Inadmissibility - No urgency)
2009/C 180/96
Language of the case: English

Parties


Applicant: Densmore Ronald Dover, (Borehamwood, Hertfordshire, United Kingdom) (represented by: D. Vaughan QC, M. Lester, Barrister, and M. French, Solicitor)

Defendant: European Parliament (represented by: H. Krück, D. Moore and M. Windisch, Agents)

Re:

Application for suspension of the operation of Decision D (2009) 4639 of the Secretary General of the European Parliament of 29 January 2009 concerning the recovery of allowances unduly paid to the applicant by way of reimbursement of his parliamentary assistance expenses, of the debit note based on that decision and of any decision taken with a view to offsetting the amount claimed against payment of other parliamentary allowances due to the applicant.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case T-173/09 R: Order of the President of the Court of First Instance of 8 June 2009 — Z v Commission (Interim measures — Access by a third party concerned to a Commission decision imposing a fine but not yet published — Application for interim measures — No need to adjudicate — No urgency)
Date: 2009-06-08
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Germany, access to information, summary procedure








C_2009193EN.01002203.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/22





Order of the President of the Court of First Instance of 8 June 2009 — Z v Commission
(Case T-173/09 R)
(Interim measures - Access by a third party concerned to a Commission decision imposing a fine but not yet published - Application for interim measures — No need to adjudicate - No urgency)
2009/C 193/36
Language of the case: German

Parties


Applicant: Z (X, Germany) (represented by: C. Grau and N. Jäger, lawyers)

Defendant: Commission of the European Communities (represented by: R. Sauer, V. Bottka and A. Bouquet, Agents)

Re:

Access to the Commission’s decision of 28 January 2009 in a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/G/39.406 — Marine hoses) and deletion of the applicant’s name from the text of that decision

Operative part of the order







1.


The application for interim measures is dismissed insofar as it has not already become devoid of purpose.










2.


This order annuls and replaces the order of 6 May 2009.










3.


The costs are reserved.