do-me/EUR-LEX huggingface dataset:
Case T-114/08 P: Order of the Court of First Instance of 26 June 2009 — Marcuccio v Commission (Appeal — Staff cases — Officials — Reasonable time for the submission of a claim for compensation — Lateness — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2009-06-26
Institutions: Court of First Instance
Subjects: European official, General Court (EU), appeal, civil service, data processing, medical data, ordinance, personal data








C_2009205EN.01003801.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/38





Order of the Court of First Instance of 26 June 2009 — Marcuccio v Commission
(Case T-114/08 P) (1)

(Appeal - Staff cases - Officials - Reasonable time for the submission of a claim for compensation - Lateness - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2009/C 205/70
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 14 December 2007 in Case F-21/07 Marcuccio v Commission, not yet published in the ECR, seeking the annulment of that order

Operative part of the order

The Court:






1.


dismisses the appeal;










2.


orders Mr Luigi Marcuccio to bear his own costs and to pay those incurred by the Commission of the European Communities in the present case.






(1)  OJ C 107, 26.4.2008.
Case T-253/09: Action brought on 26 June 2009 — Wilo SE v OHIM (shape of a motor casing)
Date: 2009-06-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), heating, trade-mark law, vehicle parts








C_2009205EN.01004401.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/44





Action brought on 26 June 2009 — Wilo SE v OHIM (shape of a motor casing)
(Case T-253/09)
2009/C 205/80
Language in which the application was lodged: German

Parties


Applicant: Wilo SE (Dortmund, Germany) (represented by G. Braun)

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

Form of order sought







—


Annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2009 in Case R 1184/2008-1;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: a three-dimensional mark representing the casing of a motor of a heating pump, for goods in Classes 7 and 11 (Application No 5 805 692)

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94 (now Article 7(1)(b) of Council Regulation (CE) No 207/2009 (1))as the mark applied for has the requisite distinctive character


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-233/09: Reference for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium lodged on 26 June 2009 — G.A. Dijkman and M.A. Dijkman-Lavaleije v Belgische Staat
Date: 2009-06-26
Institutions: Court of Justice
Subjects: Belgium, infringement of EU law, interpretation of the law, investment, property market, residence, tax system








C_2009220EN.01002002.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/20





Reference for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium lodged on 26 June 2009 — G.A. Dijkman and M.A. Dijkman-Lavaleije v Belgische Staat
(Case C-233/09)
2009/C 220/38
Language of the case: Dutch

Referring court

Hof van beroep te Antwerpen

Parties to the main proceedings


Applicants: G.A. Dijkman and M.A. Dijkman-Lavaleije

Defendant: Belgische Staat

Question referred

Is it an infringement of Article 56(1) of the EC Treaty for residents of Belgium who invest in other countries, such as the Netherlands, with a view to avoiding the supplementary municipal tax due under Article 465 WIB92 to be obliged to use a Belgian intermediary for the payment out of income from moveable assets, whereas residents of Belgium who invest in Belgium always benefit from the system of withholding tax relief under Article 313 WIB92 and are thus able to avoid the supplementary municipal tax provided for in Article 465 WIB92, since withholding tax on movable assets has already been withheld at source?
Case T-218/08: Order of the Court of First Instance of 26 June 2009 — Lemans v OHIM — Turner (ICON)
Date: 2009-06-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), ordinance, trade-mark law, vehicle parts








C_2009193EN.01003301.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/33





Order of the Court of First Instance of 26 June 2009 — Lemans v OHIM — Turner (ICON)
(Case T-218/08) (1)

2009/C 193/52

Language of the case: English

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


(1)  OJ C 197, 2.8.2008.
Case T-254/09: Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)
Date: 2009-06-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for failure to fulfil an obligation, motor vehicle industry, trade-mark law, vehicle parts








C_2009205EN.01004402.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/44





Action brought on 26 June 2009 T-254/09 — Wilo SE v OHI (Representation of a green casing)
(Case T-254/09)
2009/C 205/81
Language in which the application was lodged: German

Parties


Applicant: Wilo SE (Dortmund, Germany) (represented by G. Braun)

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

Form of order sought







—


Annul the decision of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2009 in Case R 1196/2008-1;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: a figurative mark, which represents a green casing

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation (EC) No 40/94 (now Article 7(1)(b) of Council Regulation (CE) No 207/2009 (1)) as the mark applied for has the requisite distinctive character


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C–503/08: Order of the President of the Court of 26 June 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-06-26
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, ordinance








C_2009220EN.01003103.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/31





Order of the President of the Court of 26 June 2009 — Commission of the European Communities v Kingdom of Spain
(Case C–503/08) (1)

2009/C 220/62

Language of the case: Spanish

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


(1)  OJ C 6, 10.1.2009.
Case F-62/09: Action brought on 26 June 2009 — Strack v Commission
Date: 2009-06-26
Institutions: Civil Service Tribunal
Subjects: European Commission, Germany, action for annulment (EU), application of EU law, civil proceedings, damages, operation of the Institutions, recognition of vocational training qualifications








C_2009193EN.01003602.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/36





Action brought on 26 June 2009 — Strack v Commission
(Case F-62/09)
2009/C 193/61
Language of the case: German

Parties


Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tetterborn, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the defendant’s decision to reject the applicant’s complaint of 27 November 2008 as unfounded and to reject the applicant’s claim for damages

Form of order sought







—


Annul the implied rejection by the European Commission of 8 November 2008 of the applicant’s request of 8 May 2008, and in so far as necessary in relation to this plea in law or the fourth plea in law, also annul the Commission’s decision on the complaint of 27 March 2009;










—


Order the defendant to pay an appropriate sum in damages amounting to at least EUR 15 000 in respect of the delays and damage caused by the Commission’s earlier unlawful conduct in relation to the appraisal and promotion procedures and also by the failure to comply with Cases T-85/04 and T-394/04 by the time at which this action was brought;










—


Order the defendant, in addition, with regard to the similar additional damage caused, to pay appropriate damages of at least EUR 10 per day, from the day following the bringing of the action until the day on which there is full and lawful compliance with Cases T-85/04 and T-394/04 by lawful completion of the appraisal and promotion procedures concerning the applicant to which those cases refer, equal to the payment of the full surrogate damages which would be payable in the event of acceptance of the fifth plea-in-law below;










—


Order the defendant, on account of the untrue allegations made in the defendant’s letter of 27 March 2009 which go beyond the mere rejection of the complaint by impugning his dignity and professional reputation, to pay damages to the applicant amounting to at least EUR 5 000;










—


Order the defendant, on account of its sole responsibility for having prevented the appraisal and promotion procedure concerning the applicant from being lawfully carried out, to pay the defendant an appropriate sum in surrogate damages of at least EUR 25 000;










—


Order the Commission of the European Communities to pay the costs.
Case T-251/09: Action brought on 26 June 2009 — Société des Pétroles Shell v Commission
Date: 2009-06-26
Institutions: Court of First Instance
Subjects: European Commission, Réunion, access to information, action for annulment (EU), disclosure of information, grouping of farms, oil industry, supplies contract








C_2009193EN.01003201.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/32





Action brought on 26 June 2009 — Société des Pétroles Shell v Commission
(Case T-251/09)
2009/C 193/50
Language of the case: French

Parties


Applicant: Société des Pétroles Shell (Colombes, France) (represented by: P. Hubert, lawyer)

Defendant: Commission of the European Communities

Form of order sought







—


Annul, in its entirety or in part, the implied negative response of the Commission of 9 May 2009 to the request for access to documents held by the Commission (reference GESTDEM 372/2009) and draw all the appropriate conclusions therefrom with regard to the applicant’s access to the documents requested;










—


In the alternative, should the Court consider it a decision, annul, in its entirety or in part, the letter of 7 May 2009 from the Secretariat General of the Commission stating that it is not possible to reply to the applicant’s request for access to the Commission documents (reference GESTEDEM 372/2009) and draw all the appropriate conclusions therefrom with regard to the applicant’s access to the documents requested;










—


Order the Commission to pay all the costs.





Pleas in law and main arguments

By the present action, the applicant seeks annulment of the implied decision of the Commission refusing it access to all the correspondence, relating to the enquiry into practices on the jet fuel supply market in La Réunion, held by the Commission or exchanged by the Commission and the French competition authority, in particular under Article 11(4) of Regulation No 1/2003. In the alternative, should the Court consider it an express decision of refusal, the applicant seeks annulment of the letter of the Secretariat General which states that the Commission is not in a position to reply to the request made by the applicant for access to the documents.
In support of its action, the applicant raises pleas in law identical or similar to those raised in Case T-245/09 Shell Hellas v Commission.
Commission Regulation (EC) No 561/2009 of 26 June 2009 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Queso Manchego (PDO))
Date: 2009-06-26
Institutions: European Commission
Subjects: Spain, cheese, location of production, originating product, product designation








L_2009166EN.01003601.xml










27.6.2009   


EN


Official Journal of the European Union


L 166/36








            COMMISSION REGULATION (EC) No 561/2009
of 26 June 2009
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Queso Manchego (PDO))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


In accordance with the first subparagraph of Article 9(1) and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification of the protected designation of origin ‘Queso Manchego’ registered on the basis of Commission Regulation (EC) No 1107/96 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (3) as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


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, 26 June 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ C 255, 8.10.2008, p. 10.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

SPAIN
Queso Manchego (PDO)
Euro exchange rates
Date: 2009-06-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2009146EN.01000501.xml










26.6.2009   


EN


Official Journal of the European Union


C 146/5





Euro exchange rates (1)

25 June 2009
2009/C 146/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3940




JPY


Japanese yen


134,34




DKK


Danish krone


7,4455




GBP


Pound sterling


0,85670




SEK


Swedish krona


11,0718




CHF


Swiss franc


1,5311




ISK


Iceland króna


 




NOK


Norwegian krone


9,0760




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,080




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


277,10




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,5160




RON


Romanian leu


4,2232




TRY


Turkish lira


2,1691




AUD


Australian dollar


1,7488




CAD


Canadian dollar


1,6200




HKD


Hong Kong dollar


10,8037




NZD


New Zealand dollar


2,1870




SGD


Singapore dollar


2,0336




KRW


South Korean won


1 794,95




ZAR


South African rand


11,2586




CNY


Chinese yuan renminbi


9,5276




HRK


Croatian kuna


7,3105




IDR


Indonesian rupiah


14 328,78




MYR


Malaysian ringgit


4,9292




PHP


Philippine peso


67,111




RUB


Russian rouble


43,5400




THB


Thai baht


47,570




BRL


Brazilian real


2,7368




MXN


Mexican peso


18,4593




INR


Indian rupee


67,7520






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5522 — Mitsubishi Corporation/Acciona Energia Internacional/Amper) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-06-26
Institutions: European Commission
Subjects: building industry, chemical product, economic concentration, electricity supply, energy policy, exchange of information, merger control, metalworking, property market, renewable energy








C_2009146EN.01006001.xml










26.6.2009   


EN


Official Journal of the European Union


C 146/60





Prior notification of a concentration
(Case COMP/M.5522 — Mitsubishi Corporation/Acciona Energia Internacional/Amper)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 146/05






1.


On 18 June 2009 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Acciona Energia Internacional S.A.U. (‘Acciona’, Spain) belonging to the Acciona Group and Mitsubishi Corporation (‘MC’, Japan) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of Amper Central Solar, S.A. (‘Amper’, Portugal), a company constituting a joint venture, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Acciona: development and management of infrastructures and real estate projects, provision of transport, urban and environmental services, as well as development and operation of renewable energies,










—


for MC: trading in a high number of industries, including. energy, metals, machinery, chemicals, food and general merchandise,










—


for Amper: generation and wholesale supply of electricity.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 2 2964301 or 2967244) or by post, under reference number COMP/M.5522 — Mitsubishi Corporation/Acciona Energia Internacional/Amper, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Commission Regulation (EC) No 559/2009 of 26 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-06-26
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009166EN.01000101.xml










27.6.2009   


EN


Official Journal of the European Union


L 166/1








            COMMISSION REGULATION (EC) No 559/2009
of 26 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 27 June 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 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 


MA 


53,0 




MK 


23,8 




TR 


92,6 




ZZ 


56,5 




0707 00 05 


MK 


27,4 




TR 


108,9 




ZZ 


68,2 




0709 90 70 


TR 


104,0 




ZZ 


104,0 




0805 50 10 


AR 


59,6 




TR 


54,9 




ZA 


66,1 




ZZ 


60,2 




0808 10 80 


AR 


102,0 




BR 


79,1 




CL 


90,1 




CN 


101,2 




NZ 


107,6 




US 


147,3 




UY 


61,5 




ZA 


84,7 




ZZ 


96,7 




0809 10 00 


TR 


224,8 




US 


172,2 




ZZ 


198,5 




0809 20 95 


TR 


333,8 




US 


377,7 




ZZ 


355,8 




0809 30 


TR 


147,8 




US 


175,8 




ZZ 


161,8 




0809 40 05 


US 


196,2 




ZZ 


196,2 






(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’.
Case T-389/08: Order of the Court of First Instance of 26 June 2009 — Lemans v OHIM — Turner (ICON)
Date: 2009-06-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), United Kingdom, United States, domestic market, trade-mark law








C_2009193EN.01003302.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/33





Order of the Court of First Instance of 26 June 2009 — Lemans v OHIM — Turner (ICON)
(Case T-389/08) (1)

2009/C 193/53

Language of the case: English

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


(1)  OJ C 301, 22.11.2008.