do-me/EUR-LEX huggingface dataset:
Case T-237/09: Action brought on 17 June 2009 — Région Wallonne v Commission
Date: 2009-06-17
Institutions: Court of First Instance
Subjects: Belgium, European Commission, Walloon region (Belgium), action for failure to fulfil an obligation, environmental protection, greenhouse gas, polluter pays principle, reduction of gas emissions








C_2009193EN.01002701.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/27





Action brought on 17 June 2009 — Région Wallonne v Commission
(Case T-237/09)
2009/C 193/43
Language of the case: French

Parties


Applicant: Région Wallonne (represented by: J.-M. De Backer, A. Lapièce, and I.-S. Brouhns, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


An order annulling the Commission’s decision of 27 March 2009 concerning the Belgian National Allocation Plan on the ground that the decision rejects the allocation of allowances to installation No 116 for the period 2008 — 2012, and permitting allocation by annual tranches in accordance with Annex Va to the NAP;










—


An order that the Commission pay the costs.





Pleas in law and main arguments

The applicant claims annulment of the Commission’s decision of 27 March 2009 concerning the national plan for allocation of greenhouse gas emission allowances for Belgium for the period from 2008 to 2012, by which the Commission refused the correction to the ‘National Allocation Plan table’ according allowances to installation No 116.
In support of its action, the applicant relies on four pleas in law:






—


breach of Article 44(2) of Commission Regulation (EC) No 2216/2004, (1) since the Commission relied on grounds which were not provided for by the applicable provision;










—


breach of its obligation to state reasons for the contested decision, from which it cannot be ascertained in what way the correction to Belgium’s ‘National Allocation Plan table’ in respect of installation No 116 is not based on the national plan for allocation of greenhouse gas emission allowances notified by Belgium and approved by the Commission beforehand;










—


breach of the principle of legal certainty and of legitimate expectations, on the ground that the contested decision is contrary to the national plan for allocation of greenhouse gas emission allowances approved by the Commission;










—


breach of the principle of good faith in Community matters and of sound administration, since the Commission adopted a decision which is contrary to a previous decision adopted six months earlier.






(1)  Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (OJ 2004 L 386, p. 1)
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 28 May 2008 regarding a draft decision relating to Case COMP/C.38695 (1) — Rapporteur: Bulgaria
Date: 2009-06-17
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Bulgaria, advisory committee (EU), competition law, fine, inorganic chemical product, opinion (EU), sodium, unlawful agreement








C_2009137EN.01000401.xml










17.6.2009   


EN


Official Journal of the European Union


C 137/4





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 28 May 2008 regarding a draft decision relating to Case COMP/C.38695 (1)
Rapporteur: Bulgaria
2009/C 137/04






1.


The Advisory Committee agrees with the European Commission assessment of the facts as an agreement and/or concerted practice within the meaning of Article 81 of the EC Treaty and Article 53 of the EEA Agreement.










2.


The Advisory Committee agrees with the European Commission assessment of the product and the geographic area affected by the cartel.










3.


The Advisory Committee agrees with the European Commission assessment that the cartel constitutes a single and continuous infringement.










4.


The Advisory Committee agrees with the European Commission as regards the addressees of the draft decision.










5.


The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.










6.


The Advisory Committee agrees with the European Commission reasoning on the basic amount of the fines.










7.


The Advisory Committee agrees with the European Commission assessment of the mitigating and aggravating circumstances.










8.


The Advisory Committee agrees with the European Commission on the application of the 2002 Commission notice on the non-imposition or reduction of fines.










9.


The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.
Commission Regulation (EC) No 520/2009 of 17 June 2009 on the issuing of import licences for applications lodged during the first seven days of June 2009 under the tariff quota opened by Regulation (EC) No 1399/2007 for sausages and certain meat products originating in Switzerland
Date: 2009-06-17
Institutions: European Commission
Subjects: Switzerland, import, meat product, originating product, tariff quota








L_2009155EN.01001501.xml










18.6.2009   


EN


Official Journal of the European Union


L 155/15








            COMMISSION REGULATION (EC) No 520/2009
of 17 June 2009
         
on the issuing of import licences for applications lodged during the first seven days of June 2009 under the tariff quota opened by Regulation (EC) No 1399/2007 for sausages and certain meat products originating in Switzerland


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 1399/2007 of 28 November 2007 opening and providing for the administration of a tariff quota for sausages and certain meat products originating in Switzerland (2) and in particular Article 5(5) thereof,

Whereas:







(1)


Regulation (EC) No 1399/2007 opened a tariff quota for imports of sausages and certain meat products.












(2)


The applications for import licences lodged during the first seven days of June 2009 for the subperiod 1 July to 30 September 2009 do not cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications under the quota bearing the serial number 09.4180 have not been lodged pursuant to Regulation (EC) No 1399/2007, to be added to the subperiod 1 October to 31 December 2009, shall be 1 400 000 kg.


Article 2
This Regulation shall enter into force on 18 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 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 311, 29.11.2007, p. 7.
Commission Regulation (EC) No 519/2009 of 17 June 2009 establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached
Date: 2009-06-17
Institutions: European Commission
Subjects: import licence, market approval, marketing, preferential agreement, sugar, sugar product, tariff quota








L_2009155EN.01001401.xml










18.6.2009   


EN


Official Journal of the European Union


L 155/14








            COMMISSION REGULATION (EC) No 519/2009
of 17 June 2009
         
establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached


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 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(4) thereof,

Whereas:







(1)


The records referred to in Article 5(2) of Regulation (EC) No 950/2006 show that quantities of sugar are still available for the obligations laid down under Article 12 of Regulation (EC) No 950/2006 bearing the serial numbers 09.4332, 09.4337, 09.4341, 09.4343, 09.4346 and 09.4351 (2008-2009).












(2)


Under these circumstances, the Commission must indicate that the limits concerned are no longer reached,





HAS ADOPTED THIS REGULATION:



Article 1
The limits for the obligations laid down under Article 12 of Regulation (EC) No 950/2006 bearing the serial numbers 09.4332, 09.4337, 09.4341, 09.4343, 09.4346 and 09.4351 (2008-2009) are no longer reached.


Article 2
This Regulation shall enter into force on 18 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 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 178, 1.7.2006, p. 1.