do-me/EUR-LEX huggingface dataset:
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance)
Date: 2009-06-10
Institutions: European Commission
Subjects: Greece, air transport, airline, disclosure of information, transport regulations








C_2009131EN.01001601.xml










10.6.2009   


EN


Official Journal of the European Union


C 131/16





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2009/C 131/10






Member State


Greece




Concerned route


Athens–Astypalea
Athens–Ikaria
Athens–Leros
Athens–Milos
Thessaloniki–Chios
Thessaloniki–Samos
Limnos–Mitilini–Chios
Samos–Rhodes
Rhodes–Karpathos–Kasos–Sitia
Alexandroupolis–Sitia
Aktio–Sitia
Athens–Kithira
Athens–Naxos
Athens–Paros
Athens–Karpathos
Athens–Sitia
Athens–Skiathos
Thessaloniki–Corfu
Rhodes–Kos–Leros–Astypalea
Corfu–Aktion–Kefalinia–Zakinthos
Athens–Kalymnos
Thessaloniki–Kalamata
Athens–Skyros
Thessaloniki–Skyros
Rhodes–Kastelorizo




Period of validity of the contract


1 October 2009-29 September 2013




Deadline for submission of tenders


2 months after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation can be obtained







Administration of the Hellenic Civil Aviation




Directorate-General of Air Transport




Division of Air Transports Section II




Vas. Georgiou 1




16604 Athens




GREECE




Tel. +30 2108916149/+30 2108916121




Fax +30 2108947132
Case T-227/09: Action brought on 10 June 2009 — Feng Shen Technology v OHIM — Majtczak (FS)
Date: 2009-06-10
Institutions: Court of First Instance
Subjects: China, EU trade mark, European Union Intellectual Property Office, Ghana, action for annulment (EU), dictionary of abbreviations, product designation, trade-mark law








C_2009193EN.01002402.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/24





Action brought on 10 June 2009 — Feng Shen Technology v OHIM — Majtczak (FS)
(Case T-227/09)
2009/C 193/40
Language in which the application was lodged: English

Parties


Applicant: Feng Shen Technology Co. Ltd (Gueishan, Taiwan) (represented by: W. Festl-Wietek and P. Rath, lawyers)

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

Other party to the proceedings before the Board of Appeal: Jarosław Majtczak (Łódź, Poland)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 April 2009 in case R 529/2008-4;










—


Declare Community trade mark No 4 431 391 invalid; and










—


Order OHIM to pay the costs incurred in the proceedings before the Court and the Board of Appeal.





Pleas in law and main arguments


Registered Community trade mark subject of the application for a declaration of invalidity: The mark “FS” for goods in class 26 — Community trade mark No 4 431 391

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Party requesting the declaration of invalidity of the Community trade mark: The applicant

Trade mark right of the party requesting the declaration of invalidity: Several earlier trade mark registrations for the figurative sign “FS” in Taiwan, China and Ghana in relation to zippers and related products

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 51(1)(b) of Council Regulation 40/94 (which became Article 52(1)(b) of Council Regulation 207/2009), as the Board of Appeal failed to properly evaluate the evidence and documents provided by the parties and failed to properly analyse the facts as a precondition for a finding that the trade mark application concerned was made in bad faith
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-06-10
Institutions: European Commission
Subjects: France, air transport, airline, disclosure of information, transport regulations








C_2009131EN.01001301.xml










10.6.2009   


EN


Official Journal of the European Union


C 131/13





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2009/C 131/07






Member State


France




Concerned route


Lannion–Paris (Orly) and return




Date of entry into force of the public service obligations


25 October 2009




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained


Arrêté of 4 May 2009 modifying PSO between Lannion and Paris (Orly)
NOR: DEVA0910068A
http://www.legifrance.gouv.fr/initRechTexte.do





Direction Générale de l’Aviation Civile




DTA/SDT/T2




50rue Henry Farman




75720 Paris cedex 15




FRANCE




Tel. +33 158094321




osp-compagnies@dta.aviation-civile.gouv.fr
Case T-257/04: Judgment of the Court of First Instance of 10 June 2009 — Poland v Commission (Agriculture — Common organisation of the markets — Transitional measures to be adopted by reason of the accession of new Member States — Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products — Action for annulment — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Amendment of a provision of a regulation — Re-opening of the action against that provision and against all provisions forming a body of rules with it — Partial admissibility — Proportionality — Principle of non-discrimination — Legitimate expectations — Statement of reasons)
Date: 2009-06-10
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Poland, action for annulment (EU), agricultural trade, customs union, free movement of goods, import tax, transitional period (EU)








C_2009180EN.01004201.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/42





Judgment of the Court of First Instance of 10 June 2009 — Poland v Commission
(Case T-257/04) (1)

(Agriculture - Common organisation of the markets - Transitional measures to be adopted by reason of the accession of new Member States - Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products - Action for annulment - Period within which proceedings must be commenced - Point from which time starts to run - Delay - Amendment of a provision of a regulation - Re-opening of the action against that provision and against all provisions forming a body of rules with it - Partial admissibility - Proportionality - Principle of non-discrimination - Legitimate expectations - Statement of reasons)
2009/C 180/76
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented: initially by J. Pietras, and subsequently by E. Ośniecka-Tamecka, T. Nowakowski, M. Dowgielewicz and B. Majczyna, acting as Agents, assisted by M. Szpunar, lawyer)

Defendant: Commission of the European Communities (represented: initially by A. Stobiecka-Kuik, L. Visaggio and T. van Rijn, and subsequently by T. van Rijn, H. Tserepa-Lacombe and A. Szmytkowska, acting as Agents)

Re:

Action for annulment of Article 3, Article 4(3) and the eighth indent of Article 4(5) of Commission Regulation (EC) No 1972/2003 of 10 November 2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L 293, p. 3), as amended by Commission Regulation (EC) No 230/2004 of 10 February 2004 (OJ 2004 L 39, p. 13) and Commission Regulation (EC) No 735/2004 of 20 April 2004 (OJ 2004 L 114, p. 13).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Republic of Poland to bear its own costs and to pay those of the Commission.






(1)  OJ C 251, 9.10.2004.
Case F-58/09: Action brought on 10 June 2009 — Pascual García v Commission
Date: 2009-06-10
Institutions: Civil Service Tribunal
Subjects: European Commission, European Community, action for annulment (EU), civil service, financial services, financing








C_2009180EN.01006502.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/65





Action brought on 10 June 2009 — Pascual García v Commission
(Case F-58/09)
2009/C 180/122
Language of the case: Italian

Parties


Applicant: Pascual García (Madrid, Spain) (represented by: B. Cortese and C. Cortese, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision to recruit the applicant as a technical assistant, with effect from 10 March 2009, with the classification AST3/Grade 2, in so far as it fails to confer on him the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission [2008] ECR-SC I-A-0000 and II-0000.

Form of order sought







—


Annul the Commission’s decision to recruit the applicant as a technical assistant, with effect from 10 March 2009, with the classification AST3/Grade 2, in so far as it fails to confer on him the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission, and in particular:






(a)


in so far as it fails to provide that the applicant’s qualifying period of service is to be calculated from 1 April 2006 for the purposes of advancement within the classification and the calculation of pension rights and all other relevant purposes;










(b)


in so far as it denies the applicant’s right to the expatriation allowance in Article 4(1) of Annex VII to the Staff Regulations;














—


annul, in so far as necessary, the decision of 10 March 2009 to reject the applicant’s complaint of the same date seeking to secure the rights and remuneration necessary to ensure correct implementation of the judgment of the Civil Service Tribunal in Case F-145/06 Pascual García v Commission, including the emoluments and various allowances that have not been paid, together with default interest;










—


in the alternative, order the Commission to pay compensation for damages corresponding to the non-recognition of the expatriation allowance;










—


order the defendant to pay the costs.
Prior notification of a concentration — (Case COMP/M.5550 — BP/DUPONT/JV)
Date: 2009-06-10
Institutions: European Commission
Subjects: chemical product, economic concentration, exchange of information, extraction of oil, gas industry, marketing, merger control, oil industry, petrochemicals








C_2009131EN.01002301.xml










10.6.2009   


EN


Official Journal of the European Union


C 131/23





Prior notification of a concentration
(Case COMP/M.5550 — BP/DUPONT/JV)
2009/C 131/14






1.


On 3 June 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 BP plc (‘BP’, United Kingdom) and E.I. du Pont de Nemours and Company (‘Dupont’, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Biobutanol LLC (‘Biobutanol’, USA) 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 undertaking BP: exploration, development and production of oil and gas; refining, manufacturing and marketing of oil products, gas and petrochemicals,










—


for undertaking Dupont: research, development, production, distribution, and sale of a variety of chemical products, polymers, agro-chemicals and coatings,










—


for undertaking Biobutanol: develop and license technology related to the commercial production of biobutanol.














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.










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.5550 — BP/DUPONT/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.
Case C-210/09: Reference for a preliminary ruling from the Cour administrative d’appel de Nantes (France) lodged on 10 June 2009 — Scott SA, Kimberly Clark SNC, now Kimberly Clark SAS v City of Orléans
Date: 2009-06-10
Institutions: Court of Justice
Subjects: aid system, application of EU law, common market, interpretation of the law, reimbursement of aid








C_2009205EN.01002101.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/21





Reference for a preliminary ruling from the Cour administrative d’appel de Nantes (France) lodged on 10 June 2009 — Scott SA, Kimberly Clark SNC, now Kimberly Clark SAS v City of Orléans
(Case C-210/09)
2009/C 205/36
Language of the case: French

Referring court

Cour administrative d’appel de Nantes

Parties to the main proceedings


Applicants: Scott SA, Kimberly Clark SNC, now Kimberly Clark SAS

Defendant: City of Orléans

Question referred

Is a possible annulment by the French administrative court of the assessments issued for the recovery of aid declared on 12 July 2000 by the Commission of the European Communities to be incompatible with the common market, (1) on the ground that those assessments infringe legislative provisions relating to the physical presentation of those assessments, given the ability of the competent administrative authority to remedy the vitiating defect in those decisions, such as to hinder the immediate and effective implementation of the Decision of the Commission of the European Communities of 12 July 2000, contrary to Article 14(3) of the Council Regulation of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty? (2)



(1)  Commission Decision of 12 July 2000 on the state aid granted by France to Scott Paper SA Kimberly-Clark (OJ 2002 L 12, p. 1).

(2)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1).
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-06-10
Institutions: European Commission
Subjects: Italy, air transport, airline, disclosure of information, transport regulations








C_2009131EN.01001101.xml










10.6.2009   


EN


Official Journal of the European Union


C 131/11





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2009/C 131/05






Member State


Italy




Concerned route


Crotone–Roma Fiumicino and vice versa Milano–Linate and vice versa





Date of entry into force of the public service obligations


180 days after the date of publication of this notice




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained


Ente nazionale per l'aviazione civile (ENAC)
Direzione centrale regolazione economica
Direzione trasporto aereo





Viale del Castro Pretorio, 118




00185 Roma




ITALIA




www.enac-italia.it




e-mail: trasporto.aereo@enac.rupa.it
Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on the conservation of wild birds (codified version) COM(2009) 129 final — 2009/0043 (COD)
Date: 2009-06-10
Institutions: European Economic and Social Committee
Subjects: ESC opinion, bird, environmental protection, protected species, protection of animal life, wildlife




C_2009306EN.01007901.xml










16.12.2009   


EN


Official Journal of the European Union


C 306/79





Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on the conservation of wild birds (codified version)

COM(2009) 129 final — 2009/0043 (COD)

(2009/C 306/18)
On 3 April 2009 the Council decided to consult the European Economic and Social Committee, under Article 175 (1) of the Treaty establishing the European Community, on the


‘Proposal for a Directive of the European Parliament and of the Council on the conservation of wild birds (Codified Version)’


Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinion, adopted on 25 May 1977 (*), the opinion adopted on 14 September 1994 (**) and the opinion adopted on 22 April 2008 (***) it decided, at its 454th plenary session, held on 10 and 11 June 2009 (meeting of 10 June 2009), by 110 votes in favour and 5 abstentions to issue an opinion endorsing the proposal and to refer to the position it had taken in the above-mentioned documents.
 

Brussels, 10 June 2009.

The President
of the European Economic and Social Committee
Mr Mario SEPI




(*)  Opinion of the Economic and Social Committee on the Proposal for a Council Directive on bird conservation — OJ C 152 on 29.6.1977, p. 3.

(**)  Opinion of the European Economic and Social Committee on the Proposal for a Council Directive amending Directive 79/409/EEC on the conservation of wild birds (94/C 393/19) — OJ C 393 on 31.12.1994, p. 93.

(***)  Opinion of the European Economic and Social Committee on Adaptation to the regulatory procedure with scrutiny/Proposal for a directive of the European Parliament and of the Council amending, as regards the implementing powers conferred on the Commission, Council Directive 79/409/EEC on the conservation of wild birds — OJ C 211 on 19.08.2008, p. 46.