do-me/EUR-LEX huggingface dataset:
Case T-389/09: Action brought on 22 June 2009 — Labate v Commission
Date: 2009-06-22
Institutions: Court of First Instance
Subjects: European Commission, action for failure to fulfil an obligation, cancer, occupational disease, regulations for civil servants








C_2009312EN.01003002.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/30





Action brought on 22 June 2009 — Labate v Commission
(Case T-389/09)
2009/C 312/51
Language of the case: English

Parties


Applicant: Kay Labate (Tarquinia, Italy) (represented by: I. Forrester, QC)

Defendant: Commission of the European Communities

Form of order sought







—


find that there has been a failure to act on the part of the Commission within the meaning of Article 232 EC;










—


order the Commission to take the measure necessary to comply with Tribunal’s order;










—


accord to the present action appropriate priority, so as to avoid burdening the file with a separate request for expedited treatment and to render judgment within six weeks;










—


order such other or further remedies as justice may require;










—


order the Commission to pay the costs of the present action.





Pleas in law and main arguments

On 20 February 2009, the applicant made a formal request for the purpose of Article 232 EC that the Commission take a decision recognising the occupational nature of her late husband’s lung cancer for the purpose of Article 73 of the Staff Regulations and the Joint Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease.
In the absence of any such decision or any adoption of position within the required time-limit, the applicant requests that the Court find that the Commission, by failing to take a decision within a reasonable time on her husband’s occupational disease recognition request, has failed to fulfil its obligations under Article 90 of the Staff Regulations and Article 23 of the Joint Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease and is therefore liable for failure to act within the meaning of Article 232 EC.
Case T-376/08: Order of the Court of First Instance of 22 June 2009 — Nijs v Court of Auditors (Appeal — Public service — Officials — Evaluation report for 2005/2006 — Decision not to promote the appellant in 2007 — Decision of the Court of Auditors to renew the mandate for its Secretary General — Appeal manifestly inadmissible in part and manifestly unfounded in part)
Date: 2009-06-22
Institutions: Court of First Instance
Subjects: European Court of Auditors, Luxembourg, appeal, civil service, cost analysis, deadline for payment, exchange of information, infringement of EU law








C_2009233EN.01001703.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/17





Order of the Court of First Instance of 22 June 2009 — Nijs v Court of Auditors
(Case T-376/08) (1)

(Appeal - Public service - Officials - Evaluation report for 2005/2006 - Decision not to promote the appellant in 2007 - Decision of the Court of Auditors to renew the mandate for its Secretary General - Appeal manifestly inadmissible in part and manifestly unfounded in part)
2009/C 233/32
Language of the case: French

Parties


Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by: F. Rollinger and A. Hertzog, lawyers)

Defendant: Court of Auditors (represented by: T. Kennedy, J.-M. Stenier and G. Corstens, agents)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 26 June 2008 in Case F-1/08 Nijs v Court of Auditors [2009] ECR I-0000 seeking that that order be set aside.

Operative part of the order

The Court:






1.


Dismisses the appeal.










2.


Orders Bart Nijs to bear his own costs and to pay those incurred by the Court of Auditors of the European Communities in the present proceedings.






(1)  OJ C 301 of 22.11.2008.
2009/516/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of India on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: India, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01001001.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/10








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the Government of the Republic of India on certain aspects of air services
(2009/516/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,


Having regard to the proposal from the Commission,


Having regard to the opinion of the European Parliament,

Whereas:







(1)


The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.












(2)


On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of the Republic of India on certain aspects of air services (1) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.












(3)


The Agreement was signed on behalf of the Community on 28 September 2008 subject to its conclusion at a later date, in conformity with Council Decision 2008/797/EC (2).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Government of the Republic of India on certain aspects of air services is hereby approved on behalf of the Community.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 7(1) of the Agreement.




Done at Luxembourg, 22 June 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ L 273, 15.10.2008, p. 9.

(2)  
            OJ L 273, 15.10.2008, p. 7.
Commission Regulation (EC) No 538/2009 of 22 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-06-22
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009160EN.01000101.xml










23.6.2009   


EN


Official Journal of the European Union


L 160/1








            COMMISSION REGULATION (EC) No 538/2009
of 22 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 23 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 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 


CL 


55,0 




MA 


32,7 




MK 


35,9 




TR 


57,2 




ZZ 


45,2 




0707 00 05 


JO 


156,8 




MK 


29,2 




TR 


114,0 




ZZ 


100,0 




0709 90 70 


TR 


105,3 




ZZ 


105,3 




0805 50 10 


AR 


58,5 




BR 


104,3 




TR 


53,8 




ZA 


95,8 




ZZ 


78,1 




0808 10 80 


AR 


83,6 




BR 


73,4 




CL 


79,2 




CN 


92,1 




NZ 


106,2 




US 


102,6 




ZA 


86,0 




ZZ 


89,0 




0809 10 00 


TR 


210,5 




US 


174,4 




ZZ 


192,5 




0809 20 95 


TR 


351,3 




ZZ 


351,3 




0809 30 


MA 


405,8 




TR 


166,2 




US 


203,1 




ZZ 


258,4 




0809 40 05 


AU 


289,7 




CL 


108,6 




ZZ 


199,2 






(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’.
2009/513/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: Armenia, EU Member State, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01000701.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/7








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services
(2009/513/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,


Having regard to the proposal from the Commission,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.












(2)


On behalf of the Community, the Commission has negotiated an Agreement with the Republic of Armenia on certain aspects of air services (2) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.












(3)


The Agreement was signed on behalf of the Community on 9 December 2008 subject to its conclusion at a later date, in conformity with Council Decision 2009/149/EC (3).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Republic of Armenia on certain aspects of air services is hereby approved on behalf of the Community.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 9(1) of the Agreement.




Done at Luxembourg, 22 June 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  Opinion of 10.3.2009 (not yet published in the OJ).

(2)  
            OJ L 50, 21.2.2009, p. 22.

(3)  
            OJ L 50, 21.2.2009, p. 21.
Action brought on 22 June 2009 by the EFTA Surveillance Authority against the Principality of Liechtenstein (Case E-7/09)
Date: 2009-06-22
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, Liechtenstein, company with share capital, disclosure of information, merger, supervisory body, transnational corporation








C_2009208EN.01000601.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/6





Action brought on 22 June 2009 by the EFTA Surveillance Authority against the Principality of Liechtenstein
(Case E-7/09)
2009/C 208/06
An action against the Principality of Liechtenstein was brought before the EFTA Court on 22 June 2009 by the EFTA Surveillance Authority, represented by Bjørnar Alterskjær and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, rue Belliard 35, 1040 Brussels, BELGIUM.
The EFTA Surveillance Authority requests the EFTA Court to declare that:






1.


By failing to adopt, or to notify the Authority of, the measures necessary to implement the Act referred to at point 10e of Annex XXII to the Agreement on the European Economic Area (Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of that Act and under Article 7 EEA;
and










2.


The Principality of Liechtenstein bear the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


the present case concerns the non-implementation of a directive concerning cross-border mergers of limited liability companies,










—


the EFTA Surveillance Authority pleads that the Principality of Liechtenstein has not provided any indication that it has implemented the directive into Liechtenstein law,










—


the EFTA Surveillance Authority pleads that the Principality of Liechtenstein has not disputed that it has not implemented the directive.