do-me/EUR-LEX huggingface dataset:
Case T-239/09 P: Appeal brought on 16 June 2009 by Luigi Marcuccio against the order of the Civil Service Tribunal made on 31 March 2009 in Case F-146/07, Marcuccio v Commission
Date: 2009-06-16
Institutions: Court of First Instance
Subjects: European Commission, European civil service, General Court (EU), action by staff, appeal, disciplinary proceedings, duties of civil servants, occupational health, ordinance, respiratory disease








C_2009193EN.01002802.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/28





Appeal brought on 16 June 2009 by Luigi Marcuccio against the order of the Civil Service Tribunal made on 31 March 2009 in Case F-146/07, Marcuccio v Commission
(Case T-239/09 P)
2009/C 193/45
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by G. Cipressa, lawyer)

Other party to the proceedings: Commission of the European Communities

Form of order sought by the appellant

In any event:






—


Set aside in its entirety and without exception the order under appeal;










—


Declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible in its entirety and without any exception whatsoever.




In the main:






—


Allow in its entirety and without any exception whatsoever the relief sought at first instance, and order the Commission to reimburse the applicant in respect of all costs and fees incurred in relation to the present case at all stages of the proceedings.




In the alternative:






—


Refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.





Pleas in law and main arguments

The present appeal has been brought against the order of 31 March 2009 in Case F-146/07 by which the Civil Service Tribunal (CST) dismissed, as partly inadmissible and partly unfounded, an action for annulment of the Commission’s decision not to follow up on the appellant’s request for an investigation into a postal package contaminated by anthrax, of which the applicant was a victim during the period when he was posted to the Commission’s delegation in Angola, as well as a claim for compensation in respect of the damage suffered as a result of that decision.
In support of his appeal, the appellant claims that the CST erred in law in the case of a number of statements that it made concerning the inadmissibility and the unfounded nature of the appellant’s submissions at first instance; the appellant also claims misrepresentation and distortion of the facts.
Corrigendum to Commission Regulation (EC) No 1276/2008 of 17 December 2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts ( OJ L 339, 18.12.2008 )
Date: 2009-06-16
Institutions: European Commission
Subjects: agricultural product, customs regulations, export monitoring, export refund








L_2009151EN.01005101.xml










16.6.2009   


EN


Official Journal of the European Union


L 151/51







Corrigendum to Commission Regulation (EC) No 1276/2008 of 17 December 2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts
(
Official Journal of the European Union L 339 of 18 December 2008
)

On page 67, Annex IV, the fourth indent should read as follows:









‘—


In Danish


:


Forordning (EF) nr. 2298/2001’.
Notice concerning a request under Article 30 of Directive 2004/17/EC — Request made by a Member State
Date: 2009-06-16
Institutions: European Commission
Subjects: Spain, application of EU law, award of contract, electrical industry, electricity supply, gas supply, opinion, post office financial services, transport market, water supply








C_2009136EN.01003701.xml










16.6.2009   


EN


Official Journal of the European Union


C 136/37





Notice concerning a request under Article 30 of Directive 2004/17/EC
Request made by a Member State
2009/C 136/12
On 3 June 2009 the Commission received a request under Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1). The first working day following receipt of the request is 4 June 2009.
This request, made by the Kingdom of Spain, concerns the production and sale of electricity in that country. Article 30 provides that the Directive does not apply where the activity in question is directly exposed to competition on markets to which access is not limited. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.
The Commission has a period of three months to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 4 September 2009.
The provisions of the third subparagraph of the abovementioned paragraph 4 are applicable. Consequently, the period allowed to the Commission may be extended by one month. Any such extension must be published.


(1)  OJ L 134, 30.4.2004, p. 1.
Commission Regulation (EC) No 510/2009 of 16 June 2009 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Sabina (PDO))
Date: 2009-06-16
Institutions: European Commission
Subjects: Italy, agricultural production, fats, foodstuff, location of production, originating product, product designation








L_2009153EN.01000301.xml










17.6.2009   


EN


Official Journal of the European Union


L 153/3








            COMMISSION REGULATION (EC) No 510/2009
of 16 June 2009
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Sabina (PDO))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


In accordance with the first subparagraph of Article 9(1), and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification of the protected designation of origin ‘Sabina’ registered on the basis of Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 284, 8.11.2008, p. 12.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty

Class 1.5.   Oils and fats (butter, margarine, oils, etc.)

ITALY
Sabina (PDO)
Prior notification of a concentration — (Case COMP/M.5543 — EnBW/Borusan/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-06-16
Institutions: European Commission
Subjects: Türkiye, economic concentration, electricity supply, energy production, environmental protection, exchange of information, gas supply, merger control, telecommunications industry








C_2009136EN.01003401.xml










16.6.2009   


EN


Official Journal of the European Union


C 136/34





Prior notification of a concentration
(Case COMP/M.5543 — EnBW/Borusan/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 136/10






1.


On 10 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 EnBW Energie Baden-Württemberg AG (‘EnBW’, Germany), jointly controlled by Electricité de France International S.A. (‘EDF’, France) and Zweckverband Oberschwäbische Elektrizitätswerke (‘OEW’, Germany), and acting through its subsidiary EnBW Holding A.Ș. (‘EnBW Turkey’, Turkey), and Borusan Holding A.Ș. (‘Borusan’, Turkey) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Borusan Enerji Yatirimlari Ve Üretim A.Ș. (‘Borusan Enerji’, Turkey) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for EnBW: electricity and gas together with energy and environmental services. Other activities include telecommunication, waste recycling and financial services,










—


Borusan: steel, distributorship, logistics, telecommunications and energy industries,










—


Borusan Enerji: electricity generation in Turkey.














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.5543 — EnBW/Borusan/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.
Non-opposition to a notified concentration — (Case COMP/M.5377 — SNCF/VFE P/Bollore/JV) (Text with EEA relevance)
Date: 2009-06-16
Institutions: European Commission
Subjects: France, carriage of goods, carriage of passengers, economic concentration, exchange of information, marketing, mass media, merger control, petroleum production, rail network








C_2009136EN.01000101.xml










16.6.2009   


EN


Official Journal of the European Union


C 136/1





Non-opposition to a notified concentration
(Case COMP/M.5377 — SNCF/VFE P/Bollore/JV)
(Text with EEA relevance)
2009/C 136/01
On 5 June 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 French 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 32009M5377. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Commission Regulation (EC) No 509/2009 of 16 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-06-16
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009153EN.01000101.xml










17.6.2009   


EN


Official Journal of the European Union


L 153/1








            COMMISSION REGULATION (EC) No 509/2009
of 16 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 17 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 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 


35,9 




TR 


58,8 




ZA 


28,0 




ZZ 


38,9 




0707 00 05 


MK 


31,4 




TR 


117,1 




ZZ 


74,3 




0709 90 70 


TR 


112,3 




ZZ 


112,3 




0805 50 10 


AR 


65,5 




BR 


104,3 




TR 


54,8 




ZA 


66,8 




ZZ 


72,9 




0808 10 80 


AR 


75,1 




BR 


70,5 




CL 


68,4 




CN 


98,6 




NZ 


105,7 




US 


99,7 




UY 


49,5 




ZA 


80,5 




ZZ 


81,0 




0809 10 00 


TN 


146,2 




TR 


190,7 




ZZ 


168,5 




0809 20 95 


TR 


424,1 




ZZ 


424,1 




0809 30 


TR 


141,4 




US 


340,6 




ZZ 


241,0 




0809 40 05 


AU 


286,2 




CL 


118,9 




ZZ 


202,6 






(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’.
Euro exchange rates
Date: 2009-06-16
Institutions: European Commission
Subjects: euro, exchange rate








C_2009136EN.01000201.xml










16.6.2009   


EN


Official Journal of the European Union


C 136/2





Euro exchange rates (1)

15 June 2009
2009/C 136/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3850




JPY


Japanese yen


136,08




DKK


Danish krone


7,4465




GBP


Pound sterling


0,84720




SEK


Swedish krona


10,8345




CHF


Swiss franc


1,5110




ISK


Iceland króna


 




NOK


Norwegian krone


8,9055




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,839




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


280,40




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7035




PLN


Polish zloty


4,5260




RON


Romanian leu


4,2200




TRY


Turkish lira


2,1438




AUD


Australian dollar


1,7285




CAD


Canadian dollar


1,5690




HKD


Hong Kong dollar


10,7344




NZD


New Zealand dollar


2,1953




SGD


Singapore dollar


2,0190




KRW


South Korean won


1 742,10




ZAR


South African rand


11,1603




CNY


Chinese yuan renminbi


9,4684




HRK


Croatian kuna


7,2350




IDR


Indonesian rupiah


14 090,25




MYR


Malaysian ringgit


4,8871




PHP


Philippine peso


67,054




RUB


Russian rouble


43,2745




THB


Thai baht


47,353




BRL


Brazilian real


2,6851




MXN


Mexican peso


18,6982




INR


Indian rupee


66,0850






(1)  Source: reference exchange rate published by the ECB.
Case C-219/09: Reference for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 16 June 2009 — Vitra Patente AG v High Tech Srl
Date: 2009-06-16
Institutions: Court of Justice
Subjects: Malta, copyright, designs and models, heritage protection, intellectual property, interpretation of the law, marketing, public property








C_2009205EN.01002301.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/23





Reference for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 16 June 2009 — Vitra Patente AG v High Tech Srl
(Case C-219/09)
2009/C 205/40
Language of the case: Italian

Referring court

Tribunale di Milano

Parties to the main proceedings


Applicant: Vitra Patente AG

Defendant: High Tech Srl

Questions referred







(1)


Must Articles 17 and 19 of Directive 98/71/EC (1) be interpreted as meaning that — in implementing a national law of a Member State adjusting the domestic legal order to the abovementioned Directive — the discretion accorded to such a Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection in the case of designs which — albeit meeting the requirements for protection laid down in copyright law — fell to be regarded as having entered into the public domain before the date on which the national implementing legislation entered into force, in so far as they had never been registered as designs or in so far as the relevant registration had already expired by that date?










(2)


If the answer to the first question is in the negative, must Articles 17 and 19 of Directive 98/71/EC be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection where a third party — without authorisation from the holder of the copyright on such designs — has already produced and marketed in that State products based on such designs which were in the public domain before the date on which the national implementing legislation entered into force?










(3)


If the answers to the first and second questions are in the negative, must Articles 17 and 19 of Directive 98/71/EC be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection where a third party — without authorisation from the holder of the copyright on such designs — has already produced and marketed products based on such designs in that State, where protection is precluded for a substantial period (a period of 10 years)?






(1)  OJ 1998 L 289, p. 28.