do-me/EUR-LEX huggingface dataset:
Case F-60/09: Action brought on 24 June 2009 — Birkhoff v Commission
Date: 2009-06-24
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), aid system, interest, revaluation








C_2009205EN.01005001.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/50





Action brought on 24 June 2009 — Birkhoff v Commission
(Case F-60/09)
2009/C 205/92
Language of the case: Italian

Parties


Applicant: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s request seeking the extension of the application of Article 2(5) of Annex VII of the Staff Regulations for the benefit of his daughter with effect from 1 January 2009 and an order that the Commission pay the sums due under that provision with effect from 1 January 2009.

Form of order sought







—


Declare to be unlawful and, accordingly, annul the decision of the appointing authority of 2 April 2009 in so far as it is unlawful and manifestly unfounded in fact and in law, and any subsequent act and/or decision taken prior to that decision, which is connected or consequential to it, and in particular the decision of 14 November 2008 issued by PMO4;










—


order the Commission to pay in full the sums not paid to the applicant since 1 January 2009, such sums to take account of indexation, together with interest;










—


order the defendant to pay the costs.
Non-opposition to a notified concentration (Case COMP/M.5534 — Access/PCH/LBI) Text with EEA relevance
Date: 2009-06-24
Institutions: European Commission
Subjects: aircraft, aluminium, chemical product, coal industry, economic concentration, exchange of information, fuel, merger control, oil industry, property market








C_2009143EN.01001001.xml










24.6.2009   


EN


Official Journal of the European Union


C 143/10





Non-opposition to a notified concentration
(Case COMP/M.5534 — Access/PCH/LBI)
(Text with EEA relevance)
2009/C 143/04
On 12 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 English 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 32009M5534. EUR-Lex is the on-line access to the European law.
Case T-156/09: Order of the Court of First Instance of 24 June 2009 — Four Ace International v OHIM (skiken)
Date: 2009-06-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, European cultural event, action for annulment (EU), infringement of EU law, sporting event, trade-mark law








C_2009233EN.01002107.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/21





Order of the Court of First Instance of 24 June 2009 — Four Ace International v OHIM (skiken)
(Case T-156/09) (1)

2009/C 233/44

Language of the case: German

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


(1)  OJ C 153, 4.7.2009.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections
Date: 2009-06-24
Institutions: European Commission
Subjects: Spain, State aid, United Kingdom, control of State aid, equidae, exchange of information, farming sector, livestock farming, provision of services








C_2009143EN.01000401.xml










24.6.2009   


EN


Official Journal of the European Union


C 143/4





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
2009/C 143/02






Date of adoption of the decision


6.4.2009




Reference number of State Aid


N 333/07




Member State


United Kingdom




Region


Northern Ireland




Title (and/or name of the beneficiary)


Meat Industry Development Scheme (Northern Ireland)




Legal basis


Livestock Marketing Commission Act (Northern Ireland) 1967
Livestock and Meat Commission (Levy) (No. 2) Regulations (Northern Ireland) 2003




Type of measure


Scheme




Objective


Advertising
Technical support
Support for quality products




Form of aid


Provision of services on preferential terms




Budget


Overall: GBP 5,80 Mio (ca. EUR 6,51 Mio)
Annually: GBP 1,10 Mio (ca. EUR 1,13 Mio)




Intensity


Up to 100 %




Duration (period)


Date of Commission's approval until 30 March 2015




Economic sectors


Agriculture




Name and address of the granting authority







Department of Agriculture and Rural Development




Food Policy Branch, Room 144, Dundonald House




Upper Newtownards Road




Belfast




BT4 3SB




UNITED KINGDOM








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm






Date of adoption of the decision


18.3.2009




Reference number of State Aid


N 504/08




Member State


Spain




Region


—




Title (and/or name of the beneficiary)


Ayudas estatales destinadas al sector equino




Legal basis


Real Decreto 1643/2008, de 10 de octubre, por el que se establecen las bases reguladoras de las subvenciones estatales destinadas al sector equino




Type of measure


Scheme




Objective


To finance investment in producers’ holdings and to promote the establishment of producers’ groups.




Form of aid


Direct grant




Budget


EUR 3 500 000 for 2008 and the same amount for subsequent years, depending on the funds available




Intensity


Variable




Duration (period)


2008-2013




Economic sectors


Agriculture




Name and address of the granting authority







Ministerio de Medio Ambiente y Medio Rural y Marino




C/Infanta Isabel, 1




28014 Madrid




ESPAÑA








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm
Case C-228/09: Action brought on 24 June 2009 — Commission of the European Communities v Republic of Poland
Date: 2009-06-24
Institutions: Court of Justice
Subjects: European Commission, Poland, VAT, action for failure to fulfil an obligation, delivery, import, motor car, vehicle registration, vehicle tax








C_2009233EN.01000302.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/3





Action brought on 24 June 2009 — Commission of the European Communities v Republic of Poland
(Case C-228/09)
2009/C 233/04
Language of the case: Polish

Parties


Applicant: Commission of the European Communities (represented by: D. Triantafyllou and A. Stobiecka-Kuik, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by including the amount of the ‘opłata rejestracyjna’ (registration charge) within the taxable amount for VAT levied in Poland on the supply, intra-Community acquisition or import of a passenger car, the Republic of Poland has failed to fulfil its obligations under Articles 78, 79, 83 and 86 of Directive 2006/112/EC of 28 November 2006 on the common system of value added tax; (1)











—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The plea advanced in the present case concerns the Republic of Poland’s inclusion of the amount of the registration charge in the taxable amount for VAT when the supply, intra-Community acquisition and import of unregistered passenger cars take place in that Member State.
In the Commission’s view, there is a fundamental similarity between the Polish tax/charge at issue in the present case and the Danish tax/charge in Case C-98/05 De Danske Bilimportører. In that case, the Court held that the relevant tax/registration charge does not fall within the taxable amount for VAT.
The Commission takes the view that the operation of the Polish registration charge in the case of successive transactions concerning the same vehicle prior to its registration shows that it is in essence a registration tax/charge, and not a tax on sales as the Republic of Poland maintains. The taxable person can deduct the amount of the registration charge from the amount of tax chargeable. This means that ultimately, through the system of deduction of the tax paid previously, the tax/charge is levied only once.
The Commission does not concur with the Republic of Poland’s argument that the person liable for payment of the registration charge is the seller, the intra-Community acquirer or the importer of the vehicle and not the person in whose name the car is registered.


(1)  OJ 2006 L 347, p. 1.
Case T -242/09: Action brought on 24 June 2009 — Ralf Schräder v CPVO (Lemon Symphony)
Date: 2009-06-24
Institutions: Court of First Instance
Subjects: Community Plant Variety Office, action for annulment (EU), citrus fruit, fine, infringement of EU law, market gardening








C_2009205EN.01004201.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/42





Action brought on 24 June 2009 — Ralf Schräder v CPVO (Lemon Symphony)
(Case T -242/09)
2009/C 205/77
Language in which the application was lodged: German

Parties


Applicant: Ralf Schräder (Lüdinghausen, Germany) (represented by: T. Leidereiter and W.-A. Schmidt, lawyers)

Defendant: Community Plant Variety Office (CPVO)

Other party to the proceedings before the Board of Appeal of OHIM: Jørn Hansson (Søndersø, Denmark)

Form of order sought







—


Annul the decision of the Board of Appeal of CPVO of 23 January 2009;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Lemon Symphony

Proprietor of the mark or sign cited in the opposition proceedings: Jørn Hansson.

Decision of the Community Plant Variety Office, appealed against before the Board of Appeal: Refusal to annul Community plant variety right of for Lemon Symphony in accordance with Article 20(1)(a) of Council Regulation (EC) No 2100/94 (1)


Appellant before the Board of Appeal: the applicant

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law:







—


Infringement of Article 76 of Regulation No 2100/94 and the generally recognised principles of procedure within the meaning of Article 81 of Regulation No 2100/94 insofar as the Board of Appeal ruled in the contested decision without sufficiently investigating the facts of the case;










—


Infringement of Article 20(1)(a) and Article 7 of Regulation No 2100/94 insofar as the Board of Appeal apparently wrongly assumed that the applicant could not fulfil the conditions referred to in Article 20(1)(a) and accordingly, failed to appreciate the scope of that provision;










—


Infringement of Article 75 of Regulation No 2100/94 insofar as the Board of Appeal based its ruling on grounds on which the applicant did not have an opportunity to express itself before the decision;










—


Infringement of Article 63(1) and (2) of Regulation No 1239/95 (2) insofar as the essentials of the oral proceedings were not properly recorded.






(1)  Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227, p. 1).

(2)  Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (OJ 1995 L 121, p. 37).
Case C-229/09: Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 24 June 2009 — Rechtsanwaltssozietät Lovells v Bayer CropScience AG
Date: 2009-06-24
Institutions: Court of Justice
Subjects: Germany, interpretation of the law, market approval, marketing, movement certificate, pharmaceutical legislation, plant health legislation








C_2009220EN.01001901.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/19





Reference for a preliminary ruling from the Bundespatentgericht (Germany), lodged on 24 June 2009 — Rechtsanwaltssozietät Lovells v Bayer CropScience AG
(Case C-229/09)
2009/C 220/34
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Claimant: Rechtsanwaltssozietät Lovells

Defendant: Bayer CropScience AG

Question referred

For the purpose of the application of Article 3(1)(b) of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products, (1) must account be taken exclusively of a marketing authorisation under Article 4 of Directive 91/414/EEC, (2) or can a certificate also be issued pursuant to a marketing authorisation which has been granted on the basis of Article 8(1) of Directive 91/414/EEC?


(1)  OJ 1996 L 198, p. 30.

(2)  OJ 1991 L 230, p. 1.
Euro exchange rates
Date: 2009-06-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2009143EN.01001101.xml










24.6.2009   


EN


Official Journal of the European Union


C 143/11





Euro exchange rates (1)

23 June 2009
2009/C 143/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3978




JPY


Japanese yen


133,49




DKK


Danish krone


7,4442




GBP


Pound sterling


0,85735




SEK


Swedish krona


11,1025




CHF


Swiss franc


1,5031




ISK


Iceland króna


 




NOK


Norwegian krone


9,0990




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,207




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


281,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6970




PLN


Polish zloty


4,5462




RON


Romanian leu


4,2350




TRY


Turkish lira


2,1944




AUD


Australian dollar


1,7744




CAD


Canadian dollar


1,6101




HKD


Hong Kong dollar


10,8331




NZD


New Zealand dollar


2,2046




SGD


Singapore dollar


2,0370




KRW


South Korean won


1 799,72




ZAR


South African rand


11,4724




CNY


Chinese yuan renminbi


9,5537




HRK


Croatian kuna


7,2725




IDR


Indonesian rupiah


14 691,82




MYR


Malaysian ringgit


4,9580




PHP


Philippine peso


67,500




RUB


Russian rouble


43,9300




THB


Thai baht


47,742




BRL


Brazilian real


2,8152




MXN


Mexican peso


18,5385




INR


Indian rupee


67,8670






(1)  Source: reference exchange rate published by the ECB.