do-me/EUR-LEX huggingface dataset:
Case T-300/02: Judgment of the Court of First Instance of 11 June 2009 — AMGA v Commission (State aid — Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates — Decision declaring the aid incompatible with the common market — Actions for annulment — Not individually concerned — Inadmissibility)
Date: 2009-06-11
Institutions: Court of First Instance
Subjects: General Court (EU), Italy, State aid, action for annulment (EU), public service, tax exemption








C_2009180EN.01003802.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/38





Judgment of the Court of First Instance of 11 June 2009 — AMGA v Commission
(Case T-300/02) (1)

(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Not individually concerned - Inadmissibility)
2009/C 180/69
Language of the case: Italian

Parties


Applicant: Azienda Mediterranea Gas e Acqua SpA (AMGA) (Genoa, Italy) (represented by: L. Radicati di Brozolo and M. Merola, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)

Intervener in support of the applicant: ASM Brescia SpA (Brescia, Italy) (represented by G. Caia, V. Salvadori, N. Pisani and F. Capelli, lawyers)

Re:

Application for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible;










2.


Orders Azienda Mediterranea Gas e Acqua SpA (AMGA) to bear its own costs as well as those incurred by the Commission.










3.


Orders ASM Brescia SpA to bear its own costs.






(1)  OJ C 289, 23.11.2002.
Euro exchange rates
Date: 2009-06-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2009132EN.01000501.xml










11.6.2009   


EN


Official Journal of the European Union


C 132/5





Euro exchange rates (1)

10 June 2009
2009/C 132/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4102




JPY


Japanese yen


138,03




DKK


Danish krone


7,4462




GBP


Pound sterling


0,85830




SEK


Swedish krona


10,7296




CHF


Swiss franc


1,5158




ISK


Iceland króna


 




NOK


Norwegian krone


8,8430




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,748




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


278,17




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6995




PLN


Polish zloty


4,4645




RON


Romanian leu


4,1970




TRY


Turkish lira


2,1698




AUD


Australian dollar


1,7387




CAD


Canadian dollar


1,5500




HKD


Hong Kong dollar


10,9307




NZD


New Zealand dollar


2,2257




SGD


Singapore dollar


2,0431




KRW


South Korean won


1 771,60




ZAR


South African rand


11,3326




CNY


Chinese yuan renminbi


9,6365




HRK


Croatian kuna


7,2639




IDR


Indonesian rupiah


14 109,80




MYR


Malaysian ringgit


4,9294




PHP


Philippine peso


66,846




RUB


Russian rouble


43,6320




THB


Thai baht


48,010




BRL


Brazilian real


2,7136




MXN


Mexican peso


19,1153




INR


Indian rupee


66,7450






(1)  Source: reference exchange rate published by the ECB.
Case T-189/03: Judgment of the Court of First Instance of 11 June 2009 — ASM Brescia v Commission (State aid — Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates — Decision declaring the aid incompatible with the common market — Actions for annulment — Individual concern — Admissibility — Article 87(3)(c) EC — Article 86(2) EC)
Date: 2009-06-11
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Italy, State aid, action for annulment (EU), company with share capital, competition law, tax exemption








C_2009180EN.01004001.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/40





Judgment of the Court of First Instance of 11 June 2009 — ASM Brescia v Commission
(Case T-189/03) (1)

(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Individual concern - Admissibility - Article 87(3)(c) EC - Article 86(2) EC)
2009/C 180/72
Language of the case: Italian

Parties


Applicant: ASM Brescia SpA (Brescia, Italy) (represented by: F. Capelli, F. Vitale and M. Valcada, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)

Re:

Application for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders ASM Brescia SpA to bear its own costs as well as those incurred by the Commission.






(1)  OJ C 184, 2.8.2003.
Case C-572/07: Judgment of the Court (Second Chamber) of 11 June 2009 (Reference for a preliminary ruling from the Krajský soud v Ústi nad Labem — Czech Republic) — RLRE Tellmer Property s.r.o. v Finanční ředitelství v Ústí nad Labem (Preliminary references — VAT — Exemption for lettings of immovable property — Cleaning of common parts related to the letting — Ancillary supplies)
Date: 2009-06-11
Institutions: Court of Justice
Subjects: interpretation of the law, judgment of the Court (EU), property leasing, provision of services, tax exemption








C_2009180EN.01001201.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/12





Judgment of the Court (Second Chamber) of 11 June 2009 (Reference for a preliminary ruling from the Krajský soud v Ústi nad Labem — Czech Republic) — RLRE Tellmer Property s.r.o. v Finanční ředitelství v Ústí nad Labem
(Case C-572/07) (1)

(Preliminary references - VAT - Exemption for lettings of immovable property - Cleaning of common parts related to the letting - Ancillary supplies)
2009/C 180/19
Language of the case: Czech

Referring court

Krajský soud v Ústi nad Labem

Parties to the main proceedings


Applicant: RLRE Tellmer Property s.r.o.

Defendant: Finanční ředitelství v Ústí nad Labem

Re:

Reference for a preliminary ruling — Krajský soud v Ústí nad Labem (Czech Republic) — Interpretation of Articles 6 and 13 B(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Scope of the VAT exemption on the letting of immovable property — Inclusion of costs for cleaning the common parts of an apartment block.

Operative part of the judgment

For the purposes of applying Article 13B(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, the letting of immovable property and the cleaning service of the common parts of the latter must, in circumstances such as those at issue in the main proceedings, be regarded as independent, mutually divisible operations, so that the said service does not fall within that provision.


(1)  OJ C 79, 29.3.2008.
Case T-151/08: Judgment of the Court of First Instance of 11 June 2009 — Guedes — Indústria e Comércio v OHIM — Espai Rural de Gallecs (Gallecs) (Community trade mark — Opposition proceedings — Application for Community figurative mark Gallecs — Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE — Relative ground for refusal — No likelihood of confusion — Lack of similarity between the signs — Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
Date: 2009-06-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), agricultural product, trade-mark law








C_2009180EN.01004901.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/49





Judgment of the Court of First Instance of 11 June 2009 — Guedes — Indústria e Comércio v OHIM — Espai Rural de Gallecs (Gallecs)
(Case T-151/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Gallecs - Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
2009/C 180/91
Language of the case: English

Parties


Applicant: Victor Guedes — Indústria e Comércio SA (Lisbon, Portugal) (represented by: B. Braga da Cruz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Consorci de l’Espai Rural de Gallecs (Gallecs, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 986/2007-2) relating to opposition proceedings between Victor Guedes — Indústria e Comércio SA and Consorci de l’Espai Rural de Gallecs.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Victor Guedes — Indústria e Comércio SA to pay the costs.






(1)  OJ C 171, 5.7.2008.
Case C-561/07: Judgment of the Court (Second Chamber) of 11 June 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2001/23/EC — Transfers of undertakings — Safeguarding of employees’ rights — National legislation providing for non-application to transfers of undertakings in critical difficulties )
Date: 2009-06-11
Institutions: Court of Justice
Subjects: European Commission, Italy, action for annulment (EU), judgment of the Court (EU), labour law, offshoring








C_2009180EN.01001001.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/10





Judgment of the Court (Second Chamber) of 11 June 2009 — Commission of the European Communities v Italian Republic
(Case C-561/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2001/23/EC - Transfers of undertakings - Safeguarding of employees’ rights - National legislation providing for non-application to transfers of undertakings in ‘critical difficulties’)
2009/C 180/15
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: J. Enegren and L. Pignataro, acting as Agents)

Defendant: Italian Republic (represented by: R. Adam, Agent, and by W. Ferrante, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16) — National legislation providing for the non-application of Articles 3 and 4 of the directive to transfers of undertakings in a ‘situation of crisis’

Operative part of the judgment

The Court:






1.


Declares that, by maintaining in force the provisions of Article 47(5) and (6) of Law No 428 of 29 December 1990 where an undertaking is in critical difficulties within the meaning of subparagraph (c) of the fifth paragraph of Article 2 of Law No 675 of 12 August 1977 so that the rights of employees set out in Articles 3 and 4 of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses are not safeguarded in the event of the transfer of an undertaking which has been declared to be in critical difficulties, the Italian Republic has failed to fulfil its obligations under that directive.










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 64, 8.3.2008.
Case C-321/09 P: Appeal brought on 10 August 2009 by the Hellenic Republic against the judgment delivered by the Court of First Instance (Eighth Chamber) on 11 June 2009 in Case T-33/07 Hellenic Republic v Commission of the European Communities
Date: 2009-06-11
Institutions: Court of Justice
Subjects: EAGGF, Greece, action for annulment (EU), appeal, closing of accounts, interpretation of the law








C_2009244EN.01000302.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/3





Appeal brought on 10 August 2009 by the Hellenic Republic against the judgment delivered by the Court of First Instance (Eighth Chamber) on 11 June 2009 in Case T-33/07 Hellenic Republic v Commission of the European Communities
(Case C-321/09 P)
2009/C 244/05
Language of the case: Greek

Parties


Appellant: Hellenic Republic (represented by: I. Khalkias)

Other party to the proceedings: Commission of the European Communities

Form of order sought







—


uphold this appeal and the grounds of appeal put forward;










—


set aside the judgment of the Court of First Instance;










—


uphold the action in part;










—


order the Commission to pay the costs.





Grounds of appeal and main arguments

The Hellenic Republic submits:






1.


that the Court of First Instance misinterpreted and misapplied the principle of legal certainty, given that, while holding in the judgment under appeal that the bilateral clearance procedure was undoubtedly particularly long — since it began on 9 November 1999 with the first investigation and was completed on 15 December 2006 when the contested decision was published — it considered, however, in the Hellenic Republic’s view mistakenly, that that finding should be qualified given the context of the FEOGA account clearance procedure and held that the principle of legal certainty was not infringed;










2.


that the judgment under appeal delivered by the Court of First Instance contains incorrect and contradictory reasoning given that, although the Court accepted that the Commission misinterpreted and misapplied Article 12(1)(a) of Regulation No 1201/89 and that the plea for annulment put forward by the Hellenic Republic was well founded and had to be upheld, it held that the validity of the financial correction was neverthless not affected.
Commission Regulation (EC) No 493/2009 of 11 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-06-11
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009149EN.01000401.xml










12.6.2009   


EN


Official Journal of the European Union


L 149/4








            COMMISSION REGULATION (EC) No 493/2009
of 11 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 12 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 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 


37,3 




MK 


35,9 




TR 


46,6 




ZA 


28,0 




ZZ 


37,0 




0707 00 05 


JO 


162,3 




MK 


31,4 




TR 


113,6 




ZZ 


102,4 




0709 90 70 


TR 


113,7 




ZZ 


113,7 




0805 50 10 


AR 


58,4 




TR 


58,3 




ZA 


53,0 




ZZ 


56,6 




0808 10 80 


AR 


78,3 




BR 


73,1 




CL 


92,4 




CN 


102,4 




NA 


101,9 




NZ 


106,7 




US 


118,7 




ZA 


77,1 




ZZ 


93,8 




0809 10 00 


TN 


146,2 




TR 


186,4 




ZZ 


166,3 




0809 20 95 


TR 


441,7 




ZZ 


441,7 






(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-211/09: Action brought on 11 June 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-06-11
Institutions: Court of Justice
Subjects: European Commission, Greece, access to information, action for failure to fulfil an obligation, communications industry, electronic mail, limitation of legal proceedings, provision of services, transmission network








C_2009193EN.01001301.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/13





Action brought on 11 June 2009 — Commission of the European Communities v Hellenic Republic
(Case C-211/09)
2009/C 193/17
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: M. Karanasou-Apostolopoulou and L. Balta, acting as Agents)

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 Directive 2006/24/EC (1) 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, or in any event by failing to communicate those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive;










—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing Directive 2006/24/EC into national law expired on 15 September 2007.


(1)  OJ L 105 of 13.4.2006, p. 54
Case C-300/08 P: Order of the Court (Fifth Chamber) of 11 June 2009 — Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Celia SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Mixed word and figurative trade mark, Celia — Relative grounds for refusal of registration — Similarity of the mark for which registration is sought with an earlier mark — Mark concerning identical goods — Likelihood of confusion — Appeal manifestly inadmissible)
Date: 2009-06-11
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), appeal, fats, food fat, milk, milk product, trade-mark law








C_2009220EN.01001602.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/16





Order of the Court (Fifth Chamber) of 11 June 2009 — Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Celia SA
(Case C-300/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Mixed word and figurative trade mark, Celia - Relative grounds for refusal of registration - Similarity of the mark for which registration is sought with an earlier mark - Mark concerning identical goods - Likelihood of confusion - Appeal manifestly inadmissible)
2009/C 220/28
Language of the case: French

Parties


Appellant: Leche Celta, SL (represented by: J. Calderón Chavero, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Celia SA (represented by: D. Masson and F. de Castelnau, avocats)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T-35/07 Leche Celta v OHIM, by which the Court of First Instance dismissed the action brought by the appellant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 concerning opposition proceedings between Leche Celta SL and Celia SA — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Relative grounds for refusal of registration of a trade mark — Likelihood of confusion linked to an application for registration of a trade mark similar to an earlier mark relating to identical goods — Visual, phonetic and conceptual comparison of the signs

Operative part of the order

The Court:






1.


Dismisses the appeal;










2.


Orders Leche Celta SL to pay the costs.






(1)  OJ C 223 of 30.8.2008.