do-me/EUR-LEX huggingface dataset:
Case C-223/09: Action brought on 18 June 2009 — Commission of the European Communities v Republic of Poland
Date: 2009-06-18
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, electrical energy, energy grid, energy supply, investment, security of supply








C_2009233EN.01000301.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/3





Action brought on 18 June 2009 — Commission of the European Communities v Republic of Poland
(Case C-223/09)
2009/C 233/03
Language of the case: Polish

Parties


Applicant: Commission of the European Communities (represented by: O. Beynet and M. Kaduczak, Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure the implementation of Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment, (1) or in any event by failing to inform the Commission that it had adopted such provisions, the Republic of Poland has failed to fulfil its obligations under that directive;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period within which Directive 2005/89/EC had to be transposed expired on 24 February 2008. At the time when the present action was brought, the defendant had not adopted the measures necessary to transpose that directive, or in any event had not informed the Commission of such measures.


(1)  OJ 2006 L 33, p. 22.
Commission Regulation (EC) No 526/2009 of 18 June 2009 fixing the maximum buying-in price for butter for the 7th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009
Date: 2009-06-18
Institutions: European Commission
Subjects: award of contract, butter, export refund, maximum price, purchase price








L_2009156EN.01001001.xml










19.6.2009   


EN


Official Journal of the European Union


L 156/10








            COMMISSION REGULATION (EC) No 526/2009
of 18 June 2009
         
fixing the maximum buying-in price for butter for the 7th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009


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), and in particular Article 43, in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EC) No 186/2009 (2) has opened buying-in of butter by a tendering procedure for the period expiring on 31 August 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 105/2008 of 5 February 2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter (3).












(2)


In the light of the tenders received in response to individual invitations to tender, a maximum buying-in price is to be fixed or a decision to make no award is to be taken, in accordance with Article 16(2) of Regulation (EC) No 105/2008.












(3)


In the light of the tenders received for the 7th individual invitation to tender, a maximum buying-in price should be fixed.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the 7th individual invitation to tender for the buying-in of butter within the tendering procedure opened by Regulation (EC) No 186/2009, in respect of which the time limit for the submission of tenders expired on 16 June 2009, the maximum buying-in price shall be EUR 220,00/100 kg.


Article 2
This Regulation shall enter into force on 19 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 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 64, 10.3.2009, p. 3.

(3)  
            OJ L 32, 6.2.2008, p. 3.
Case C-222/09: Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland), lodged on 18 June 2009 — Kronospan Mielec sp. z o. o. v Dyrektor Izby Skarbowej w Rzeszowie
Date: 2009-06-18
Institutions: Court of Justice
Subjects: Poland, approximation of laws, engineer, environmental protection, greenhouse gas, interpretation of the law, new technology, provision of services, reduction of gas emissions








C_2009220EN.01001801.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/18





Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland), lodged on 18 June 2009 — Kronospan Mielec sp. z o. o. v Dyrektor Izby Skarbowej w Rzeszowie
(Case C-222/09)
2009/C 220/32
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Appellant: Kronospan Mielec sp. z o. o.

Respondent: Dyrektor Izby Skarbowej w Rzeszowie

Question referred







(a)


Is the third indent of Article 9(2)(e) 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, as amended; ‘the Sixth Directive’) — now corresponding to Article 56(1)(c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1, as amended; ‘Directive 2006/112’) — to be interpreted as meaning that the services of engineers referred to therein, when provided to a person subject to value added tax who is carrying out commissioned work encompassing those services for a recipient of services established in another Member State of the Community, are to be taxed at the place where the recipient of the services (the customer) has established its business or has a fixed establishment;










(b)


or should it be concluded that such services, being services relating to scientific activities pursuant to the first indent of Article 9(2)(c) of the Sixth Directive (now corresponding to Article 52(a) of Directive 2006/112), must be taxed at the place where they are physically carried out — on the basis that those services take the form of work that encompasses the investigation and measurement of emissions under legislation on environmental protection, including the conduct of investigations in connection with carbon dioxide (CO2) emissions and trading in CO2 emissions, the preparation and checking of documentation relating to that work and the analysis of potential sources of pollution, and that is carried out with the objective of acquiring new knowledge and new technological know-how directed at the production of new substances, products and systems and the application of new technological procedures within the production process?
Case C-88/08: Judgment of the Court (Third Chamber) of 18 June 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — David Hütter v Technische Universität Graz (Directive 2000/78/EC — Equal treatment in employment and occupation — Age discrimination — Determining the pay of contractual employees of the State — Exclusion of professional experience acquired before the age of 18)
Date: 2009-06-18
Institutions: Court of Justice
Subjects: EU law - national law, equal treatment, interpretation of the law, judgment of the Court (EU), promotion








C_2009180EN.01001501.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/15





Judgment of the Court (Third Chamber) of 18 June 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — David Hütter v Technische Universität Graz
(Case C-88/08) (1)

(Directive 2000/78/EC - Equal treatment in employment and occupation - Age discrimination - Determining the pay of contractual employees of the State - Exclusion of professional experience acquired before the age of 18)
2009/C 180/24
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: David Hütter

Defendant: Technische Universität Graz

Re:

Reference for a preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Articles 1, 2 and 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — Prohibition of all discrimination on grounds of age — National legislation which excludes periods of employment completed before the age of 18 from being taken into account for the purpose of determining the remuneration of contractual public servants

Operative part of the judgment

Articles 1, 2 and 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding national legislation which, in order not to treat general education less favourably than vocational education and to promote the integration of young apprentices into the labour market, excludes periods of employment completed before the age of 18 from being taken into account for the purpose of determining the incremental step at which contractual public servants of a Member State are graded.


(1)  OJ C 128, 24.5.2008.
Case T-418/07: Judgment of the Court of First Instance of 18 June 2009 — LIBRO Handelsgesellschaft mbH v OHIM — Dagmar Causley (LiBRO) (Community trade mark — Opposition proceedings — Application for the Community figurative mark LiBRO — Earlier Community figurative mark LIBERO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/09) — Partial refusal of registration — Application for annulment brought by the intervener — Article 134(3) of the Rules of Procedure of the Court of First Instance — Signature of the response setting out grounds of appeal before the Board of Appeal — Admissibility of the appeal before the Board of Appeal)
Date: 2009-06-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), data processing, information system, software, trade-mark law








C_2009180EN.01004601.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/46





Judgment of the Court of First Instance of 18 June 2009 — LIBRO Handelsgesellschaft mbH v OHIM — Dagmar Causley (LiBRO)
(Case T-418/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LiBRO - Earlier Community figurative mark LIBERO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/09) - Partial refusal of registration - Application for annulment brought by the intervener - Article 134(3) of the Rules of Procedure of the Court of First Instance - Signature of the response setting out grounds of appeal before the Board of Appeal - Admissibility of the appeal before the Board of Appeal)
2009/C 180/84
Language of the case: German

Parties


Applicant: LIBRO Handelsgesellschaft mbH (Guntramsdorf, Austria) (represented by: G. Prantl, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dagmar Causley (Pleidelsheim, Germany) (represented by: W. Günther, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2007 (Case R 1454/2005-4) concerning opposition proceedings between Dagmar Causley and LIBRO Handelsgesellschaft mbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Dismisses the application of Dagmar Causley;










3.


Orders LIBRO Handelsgesellschaft mbH to pay the costs, with the exception of those of Dagmar Causley;










4.


Orders Dagmar Causley to bear her own costs.






(1)  OJ C 8, 12.01.2008.
Case T-572/08 P: Judgment of the Court of First Instance of 18 June 2009 — Commission v Traore (Appeal — Public service — Officials — Recruitment — Notice of vacancy — Appointment to the post of Head of Operations at the Commission Delegation in Tanzania — Determination of the level of the post to be filled — Principle of separation of the grade and the function)
Date: 2009-06-18
Institutions: Court of First Instance
Subjects: General Court (EU), Tanzania, action for annulment (EU), appointment of staff, civil service, holiday








C_2009180EN.01004902.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/49





Judgment of the Court of First Instance of 18 June 2009 — Commission v Traore
(Case T-572/08 P) (1)

(Appeal - Public service - Officials - Recruitment - Notice of vacancy - Appointment to the post of Head of Operations at the Commission Delegation in Tanzania - Determination of the level of the post to be filled - Principle of separation of the grade and the function)
2009/C 180/92
Language of the case: French

Parties


Appellant: Commission of the European Communities (represented by: J. Currall, G. Berscheid and B. Eggers, Agents)

Other party to the proceedings: Amadou Traore (Rhode-St-Genèse, Belgium) (represented by: É. Boigelot, lawyer)

Interveners in support of the appellant: European Parliament (represented by: C. Burgos and K. Zejdová, Agents); Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents); and Court of Auditors of the European Communities (represented by T. Kennedy and J.-M. Stenier, Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 13 November 2008 in Case F-90/07 Traore v Commission, seeking annulment of that judgment.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal of the European Union of 13 November 2008 in Case F-90/07 Traore v Commission in so far as it annuls the decision of the of the Director of Resources of the EuropeAid Co-operation Office of the Commission of 12 December 2006 rejecting Mr Amadou Traore's candidature for the post of Head of Operations at the Commission Delegation in Tanzania and the decision to appoint Mr S to that post;










2.


Dismisses the action brought by Mr Traore before the Civil Service Tribunal in Case F 90/07.










3.


Orders Mr Traore and the Commission of the European Communities to pay their own costs relating to the proceedings at first instance and the appeal proceedings.










4.


Orders the European Parliament, the Council of the European Union and the Court of Auditors of the European Communities to pay their own costs.






(1)  OJ C 44, 21.2.2009.
Commission Regulation (EC) No 528/2009 of 18 June 2009 on the issue of import licences for applications lodged during the first seven days of June 2009 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2009-06-18
Institutions: European Commission
Subjects: common organisation of markets, import licence, originating product, poultrymeat, tariff quota








L_2009156EN.01001201.xml










19.6.2009   


EN


Official Journal of the European Union


L 156/12








            COMMISSION REGULATION (EC) No 528/2009
of 18 June 2009
         
on the issue of import licences for applications lodged during the first seven days of June 2009 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of June 2009 for the subperiod from 1 July to 30 September 2009 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 July to 30 September 2009 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 19 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2009-30.9.2009
(%)




P1


09.4067


1,996875 




P2


09.4068


3,853812 




P3


09.4069


0,881057 




P4


09.4070


18,867924
Case C–10/09: Order of the President of the Court of 18 June 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-06-18
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, ordinance








C_2009220EN.01003105.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/31





Order of the President of the Court of 18 June 2009 — Commission of the European Communities v Portuguese Republic
(Case C–10/09) (1)

2009/C 220/64

Language of the case: Portuguese

The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 55, 7.3.2009.
Case F-38/05: Order of the Civil Service Tribunal of 18 June 2009 — Delplancke and Governatori v Commission
Date: 2009-06-18
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European Commission, European civil service, European official, action by staff, equal treatment, ordinance, recruitment, regulations for civil servants








C_2009193EN.01003703.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/37





Order of the Civil Service Tribunal of 18 June 2009 — Delplancke and Governatori v Commission
(Case F-38/05) (1)

2009/C 193/64

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 193, 6.8.2005, p. 37.
Case F-21/05: Order of the Civil Service Tribunal of 18 June 2009 — De Geest v Council
Date: 2009-06-18
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, Council of the European Union, European civil service, ordinance, promotion, regulations for civil servants








C_2009193EN.01003702.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/37





Order of the Civil Service Tribunal of 18 June 2009 — De Geest v Council
(Case F-21/05) (1)

2009/C 193/63

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 171, 9.7.2005, p. 28.
Non-opposition to a notified concentration — (Case COMP/M.5392 — GRUPA POLSAT/THOMSON TECHNICOLOR POLSKA/PRN) Text with EEA relevance
Date: 2009-06-18
Institutions: European Commission
Subjects: audiovisual industry, digital technology, disc drive, economic concentration, exchange of information, mass media, merger control, optical medium, record, telecommunications industry








C_2009138EN.01000102.xml










18.6.2009   


EN


Official Journal of the European Union


C 138/1





Non-opposition to a notified concentration
(Case COMP/M.5392 — GRUPA POLSAT/THOMSON TECHNICOLOR POLSKA/PRN)
(Text with EEA relevance)
2009/C 138/02
On 20 May 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 Polish and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5392. EUR-Lex is the on-line access to the European law.
Case C-422/08: Judgment of the Court (Seventh Chamber) of 18 June 2009 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2004/35/EC — Environmental liability — Prevention and remedying of environmental damage — Failure to transpose within the prescribed period)
Date: 2009-06-18
Institutions: Court of Justice
Subjects: Austria, action for failure to fulfil an obligation, environmental impact, environmental liability, environmental protection, judgment of the Court (EU)








C_2009180EN.01002202.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/22





Judgment of the Court (Seventh Chamber) of 18 June 2009 — Commission of the European Communities v Republic of Austria
(Case C-422/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/35/EC - Environmental liability - Prevention and remedying of environmental damage - Failure to transpose within the prescribed period)
2009/C 180/37
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: U. Wölker and B. Schöfer, acting as Agents)

Defendant: Republic of Austria (represented by: E. Riedl, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt within the prescribed period the measures necessary to comply with Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary in order to transpose Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Republic of Austria has failed to fulfil its obligations under that directive;










2.


Orders the Republic of Austria to pay the costs






(1)  OJ C 301 of 22.11.2008.