do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 540/2009 of 22 June 2009 amending Regulation (EC) No 1450/2004 concerning the production and development of Community statistics on innovation (Text with EEA relevance )
Date: 2009-06-22
Institutions: European Commission
Subjects: EU statistics, disclosure of information, innovation, new technology, statistical method, technology








L_2009160EN.01000801.xml










23.6.2009   


EN


Official Journal of the European Union


L 160/8








            COMMISSION REGULATION (EC) No 540/2009
of 22 June 2009
         
amending Regulation (EC) No 1450/2004 concerning the production and development of Community statistics on innovation
(Text with EEA relevance)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Decision No 1608/2003/EC of the European Parliament and of the Council of 22 July 2003 concerning the production and development of Community statistics on science and technology (1) and in particular Article 3 thereof,

Whereas:







(1)


Commission Regulation (EC) No 1450/2004 of 13 August 2004 implementing Decision No 1608/2003/EC of the European Parliament and of the Council concerning the production and development of Community statistics on innovation (2) provides details of the statistics requested, their breakdowns, periodicity, timeliness and methodological recommendations to produce harmonised Community data.












(2)


It is necessary to amend and update measures for monitoring innovation activities in order to respond to growing and rapidly evolving requirements in the environmental area.












(3)


It is necessary to minimise the burden on businesses while ensuring that the data collected are of good quality and meet information needs.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee,





HAS ADOPTED THIS REGULATION:



Article 1
Section 1 of the Annex to Regulation (EC) No 1450/2004 is amended as follows:






1.


in Code 7, the entry regarding the title is replaced by the following:

                              ‘Number of innovation active enterprises that indicated highly important objectives of innovation’;










2.


in Code 9, the following is added in the entry regarding the comments:






‘—


optional for the calendar year 2008’.










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, 22 June 2009.


For the Commission

Joaquín ALMUNIA
            

Member of the Commission






(1)  
            OJ L 230, 16.9.2003, p. 1.

(2)  
            OJ L 267, 14.8.2004, p. 32.
Case T-371/08 P: Order of the Court of First Instance of 22 June 2009 — Nijs v Court of Auditors (Appeal — Public service — Officials — Decision to appoint the appellant’s superior — Internal competition — Staff Committee elections — Decision not to promote the appellant in 2006 — Appeal manifestly inadmissible in part and manifestly unfounded in part)
Date: 2009-06-22
Institutions: Court of First Instance
Subjects: European Court of Auditors, appeal, civil service, cost analysis, deadline for payment, exchange of information, infringement of EU law








C_2009233EN.01001702.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-371/08 P) (1)

(Appeal - Public service - Officials - Decision to appoint the appellant’s superior - Internal competition - Staff Committee elections - Decision not to promote the appellant in 2006 - Appeal manifestly inadmissible in part and manifestly unfounded in part)
2009/C 233/31
Language of the case: French

Parties


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

Other party: Court of Auditors (represented by: T. Kennedy, J.-M. Stenier and J. Vermer, agents)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) of 26 June 2008 in Case F-5/07 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.
2009/514/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: Nepal, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01000801.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/8








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
(2009/514/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 Nepal 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 23 January 2009 subject to its conclusion at a later date, in conformity with Council Decision 2009/117/EC (2).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Government of Nepal 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)  
            OJ L 41, 12.2.2009, p. 5.

(2)  
            OJ L 41, 12.2.2009, p. 3.
2009/512/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: EU Member State, Jordan, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01000601.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/6








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services
(2009/512/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 Hashemite Kingdom of Jordan 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 25 February 2008 subject to its conclusion at a later date, in conformity with Council Decision 2008/216/EC (2).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Hashemite Kingdom of Jordan 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 in Article 9(1) of the Agreement.




Done at Luxembourg, 22 June 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ L 68, 12.3.2008, p. 15.

(2)  
            OJ L 68, 12.3.2008, p. 14.
2009/517/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: EU Member State, Pakistan, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01001101.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/11








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
(2009/517/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 Islamic Republic of Pakistan 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 24 February 2009 subject to its conclusion at a later date, in conformity with Council Decision 2009/302/EC (2).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Islamic Republic of Pakistan 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 8(1) of the Agreement.




Done at Luxembourg, 22 June 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ L 84, 31.3.2009, p. 34.

(2)  
            OJ L 84, 31.3.2009, p. 33.
2009/511/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: EU Member State, United Arab Emirates, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01000501.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/5








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the United Arab Emirates on certain aspects of air services
(2009/511/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 United Arab Emirates 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 30 November 2007 subject to its conclusion at a later date, in conformity with Council Decision 2008/87/EC (3).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the United Arab Emirates 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 in Article 9(1) of the Agreement.




Done at Luxembourg, 22 June 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ C 66 E, 20.3.2009, p. 84.

(2)  
            OJ L 28, 1.2.2008, p. 21.

(3)  
            OJ L 28, 1.2.2008, p. 20.
Case T-244/09: Action brought on 22 June 2009 — Accenture Global Services v OHIM — Silver Creek Properties (acsensa)
Date: 2009-06-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, infringement of EU law, product designation, trade-mark law








C_2009193EN.01002901.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/29





Action brought on 22 June 2009 — Accenture Global Services v OHIM — Silver Creek Properties (acsensa)
(Case T-244/09)
2009/C 193/46
Language in which the application was lodged: English

Parties


Applicants: Accenture Global Services GmbH (Shaffhausen, Switzerland) (represented by: R. Niebel, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Silver Creek Properties SA (Panama, Panama)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 March 2009 in case R 802/2008-2;










—


Annul the decision of the Trade Marks Department of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 March 2008 in opposition No B 1019274; and










—


Order the other party to the proceedings before the Board of Appeal to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘acsensa’, for goods and services in classes 9, 35, 36, 38, 33, 41 and 42

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: German trade mark registration for the word mark ‘ACCENTURE’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42; German trade mark registration of the figurative mark ‘accenture’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42; Community trade mark registration of the word mark ‘ACCENTURE’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42; Community trade mark registration of the figurative mark ‘accenture’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal erred in its finding that there is no likelihood of confusion between the trade marks concerned; Infringement of Articles 75 and 76 of Council Regulation 207/2009 as the Board of Appeal wrongly ignored statements of fact submitted by the applicant.
2009/515/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: EU Member State, Israel, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01000901.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/9








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services
(2009/515/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 State of Israel 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 9 December 2008 subject to its conclusion at a later date, in conformity with Council Decision 2009/305/EC (2).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the State of Israel 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 8 of the Agreement.




Done at Luxembourg, 22 June 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ L 90, 2.4.2009, p. 10.

(2)  
            OJ L 90, 2.4.2009, p. 9.
Case T-340/08 P: Order of the Court of First Instance of 22 June 2009 — Timmer v Court of Auditors (Appeal — Staff cases — Officials — Staff reporting — New and substantial facts — Appeal manifestly inadmissible in part and manifestly unfounded in part)
Date: 2009-06-22
Institutions: Court of First Instance
Subjects: action by staff, appeal, indemnification, personnel administration, professional career, staff assessment








C_2009233EN.01001701.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 — Timmer v Court of Auditors
(Case T-340/08 P) (1)

(Appeal - Staff cases - Officials - Staff reporting - New and substantial facts - Appeal manifestly inadmissible in part and manifestly unfounded in part)
2009/C 233/30
Language of the case: French

Parties


Appellant: Marianne Timmer (Saint-Sauves-d’Auvergne, France) (represented by: F. Rollinger, lawyer)

Other party to the proceedings: Court of Auditors of the European Communities (represented by: T. Kennedy, J.-M. Steiner and G. Corstens, acting as Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 5 June 2008 in Case F-123/06 Timmer v Court of Auditors, not yet published in the ECR, and seeking annulment of that order.

Operative part of the order







1.


The appeal is dismissed.










2.


Ms Marianne Timmer is ordered to bear her own costs and to pay those of the Court of Auditors of the European Communities in the present proceedings.






(1)  OJ C 285, 8.11.2008.
2009/510/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Government of Australia on certain aspects of air services
Date: 2009-06-22
Institutions: Council of the European Union
Subjects: Australia, EU Member State, agreement (EU), air transport, foreign policy, transport policy, transport regulations








L_2009173EN.01000401.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/4








            COUNCIL DECISION
         
of 22 June 2009
         
on the conclusion of the Agreement between the European Community and the Government of Australia on certain aspects of air services
(2009/510/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 Australia 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 29 April 2008 subject to its conclusion at a later date, in conformity with Council Decision 2008/420/EC (2).












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Government of Australia 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 in Article 7(1) of the Agreement.




Done at Luxembourg, 22 June 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ L 149, 7.6.2008, p. 65.

(2)  
            OJ L 149, 7.6.2008, p. 63.