do-me/EUR-LEX huggingface dataset:
Case T-311/08: Judgment of the Court of First Instance of 2 July 2009 — Fitoussi v OHIM — Loriot (IBIZA REPUBLIC) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark IBIZA REPUBLIC — Earlier figurative national mark depicting a five-pointed star in a circle — Absolute ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2009-07-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), clothing, provision of services, trade-mark law








C_2009193EN.01002101.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/21





Judgment of the Court of First Instance of 2 July 2009 — Fitoussi v OHIM — Loriot (IBIZA REPUBLIC)
(Case T-311/08) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark IBIZA REPUBLIC - Earlier figurative national mark depicting a five-pointed star in a circle — Absolute ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2009/C 193/32
Language of the case: French

Parties


Applicant: Paul Fitoussi (Vincennes, France) (represented by: K. Manhaeve, T. van Innis and G. Glas, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bernadette Nicole J. Loriot (Ibiza, Spain)

Re:

Action brought against the decision of 7 May 2008 of OHIM’s Second Board of Appeal (Case R 1135/2007-2) relating to opposition proceedings between Paul Fitoussi and Bernadette Nicole J. Loriot

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Paul Fitoussi to pay the costs.






(1)  OJ C 272, of 25.10.2008.
Case T-246/09 R: Order of the President of the Court of First Instance of 2 July 2009 — Insula v Commission (Application for interim measures — Debit notes — Application for suspension of operation — Failure to comply with formal requirements — Inadmissibility)
Date: 2009-07-02
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), contract, ordinance, reimbursement of aid








C_2009205EN.01003901.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/39





Order of the President of the Court of First Instance of 2 July 2009 — Insula v Commission
(Case T-246/09 R)
(Application for interim measures - Debit notes - Application for suspension of operation - Failure to comply with formal requirements - Inadmissibility)
2009/C 205/72
Language of the case: French

Parties


Applicant: Conseil scientifique international pour le développement des îles (Insula) (Paris, France) (represented by: P. Marsal and J.-D. Simonet, lawyers)

Defendant: Commission of the European Communities

Re:

Application for suspension of the operation of two debit notes requiring the repayment of sums of money paid to the applicant under subsidy contracts

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Non-opposition to a notified concentration (Case COMP/M.5487 — Voith/RWEI/JV) Text with EEA relevance
Date: 2009-07-02
Institutions: European Commission
Subjects: economic concentration, electricity supply, energy production, exchange of information, hydroelectric power, merger control, new technology, renewable energy








C_2009150EN.01000201.xml










2.7.2009   


EN


Official Journal of the European Union


C 150/2





Non-opposition to a notified concentration
(Case COMP/M.5487 — Voith/RWEI/JV)
(Text with EEA relevance)
2009/C 150/03
On 15 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 German 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 32009M5487. EUR-Lex is the on-line access to the European law.
Case F-65/09: Action brought on 2 July 2009 — Marcuccio v Commission
Date: 2009-07-02
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), damages, health care, redemption








C_2009220EN.01004301.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/43





Action brought on 2 July 2009 — Marcuccio v Commission
(Case F-65/09)
2009/C 220/89
Language of the case: Italian

Parties


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

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Annulment of the decision rejecting the applicant’s claim for 100 % reimbursement of certain medical expenses.

Form of order sought







—


Annul the decision rejecting the claim of 25 November 2002, if necessary and appropriate by not applying to this dispute, pursuant to Article 241 EC, Article 72 of the Staff Regulations, the rules [on sickness insurance] and, lastly, the alleged opinion of the Medical Council;










—


annul the memorandum of 5 August 2008;










—


in so far as necessary, annul the measure rejecting the complaint of 1 November 2008;










—


in so far as necessary, annul the memorandum of 4 March 2009;










—


order the Commission to pay to the applicant, by way of compensation for the damage resulting from the measures annulment of which is sought in this application, the sum of EUR 25 000 or such greater or lesser sum the Tribunal may consider fair and just in that regard.










—


order the Commission to pay the costs.
Case T-279/06: Order of the Court of First Instance of 2 July 2009 — Evropaïki Dynamiki v European Central Bank (ECB) (Public service contracts — Community public procurement procedure — Supply of consultancy and IT development services for the ECB — Rejection of a tender and decision to award the contract to other tenderers — Action for annulment — Interest in bringing proceedings — Ground for exclusion — Permit to be issued by a national authority — Action in part manifestly unfounded in law and in part manifestly inadmissible)
Date: 2009-07-02
Institutions: Court of First Instance
Subjects: European Central Bank, action for annulment (EU), award of contract, computer systems, equal treatment, tendering








C_2009233EN.01001501.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/15





Order of the Court of First Instance of 2 July 2009 — Evropaïki Dynamiki v European Central Bank (ECB)
(Case T-279/06) (1)

(Public service contracts - Community public procurement procedure - Supply of consultancy and IT development services for the ECB - Rejection of a tender and decision to award the contract to other tenderers - Action for annulment - Interest in bringing proceedings - Ground for exclusion - Permit to be issued by a national authority - Action in part manifestly unfounded in law and in part manifestly inadmissible)
2009/C 233/25
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: European Central Bank (represented by: F. von Lindeiner and G. Gruber, agents)

Re:

Application for annulment of the ECB’s decision of 31 July 2006 rejecting the offer made by the applicant in the negotiated procedure for the supply of consultancy and IT development services for the ECB and the decision to award the contract to other tenderers.

Operative part of the order

The Court:






1.


Dismisses the action.










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.






(1)  OJ C 294 of 2.12.2006.
Case C-377/08: Judgment of the Court (Seventh Chamber) of 2 July 2009 (reference for a preliminary ruling from the Corte suprema di cassazione (Italy)) — EGN BV — Filiale Italiana v Agenzia delle Entrate — Ufficio di Roma 2 (Sixth VAT Directive — Article 17(3)(a) — Deductibility and refunding of input VAT — Provision of telecommunications services — Supply of services for a customer established in another Member State — Article 9(2)(e) — Determination of the place where the service is provided)
Date: 2009-07-02
Institutions: Court of Justice
Subjects: EU Member State, Italy, VAT, import, interpretation of the law, provision of services, tax system, telecommunications








C_2009205EN.01001002.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/10





Judgment of the Court (Seventh Chamber) of 2 July 2009 (reference for a preliminary ruling from the Corte suprema di cassazione (Italy)) — EGN BV — Filiale Italiana v Agenzia delle Entrate — Ufficio di Roma 2
(Case C-377/08) (1)

(Sixth VAT Directive - Article 17(3)(a) - Deductibility and refunding of input VAT - Provision of telecommunications services - Supply of services for a customer established in another Member State - Article 9(2)(e) - Determination of the place where the service is provided)
2009/C 205/17
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicant: EGN BV — Filiale Italiana

Defendant: Agenzia delle Entrate — Ufficio di Roma 2

Re:

Reference for a preliminary ruling — Corte suprema di cassazione — Interpretation of Article 9(2)(e) and Article 17(3)(a) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization 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) — Supply of cross-border telecommunications services — Right of the supplier of such services to deduct input tax, as permitted under the domestic regime

Operative part of the judgment

Article 17(3)(a) 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, as amended by Council Directive 95/7/EC of 10 April 1995, must be interpreted as meaning that a supplier of telecommunications services such as the one at issue in the main proceedings, which is established in the territory of a Member State, is entitled under that provision to deduct or obtain a refund in that Member State of input value added tax on telecommunications services that have been supplied to an undertaking having its principal place of business in another Member State, since such a supplier would have had that right if the services at issue had been supplied in the territory of the former Member State.


(1)  OJ C 285, 8.11.2008.
Case C-465/08: Judgment of the Court (Eighth Chamber) of 2 July 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2005/36/EC — Right of establishment — Recognition of professional qualifications — Failure to adopt within the prescribed period)
Date: 2009-07-02
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, disclosure of information, fine, labour law, professional qualifications








C_2009205EN.01001101.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/11





Judgment of the Court (Eighth Chamber) of 2 July 2009 — Commission of the European Communities v Hellenic Republic
(Case C-465/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Right of establishment - Recognition of professional qualifications - Failure to adopt within the prescribed period)
2009/C 205/18
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: M. Karanasou Apostolopoulou and H. Støvbæk, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22), which repeals Directive 89/49/EEC (OJ 1989 L 19, p. 16)

Operative part of the judgment

The Court:






1.


Declares that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, and in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 327, 20.12.2008.
Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 July 2009 — Euro exchange rates
Date: 2009-07-02
Institutions: European Commission
Subjects: euro, exchange rate








C_2009150EN.01000501.xml










2.7.2009   


EN


Official Journal of the European Union


C 150/5





Interest rate applied by the European Central Bank to its main refinancing operations (1):
1,00 % on 1 July 2009
Euro exchange rates (2)

1 July 2009
2009/C 150/08

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4096




JPY


Japanese yen


136,53




DKK


Danish krone


7,4455




GBP


Pound sterling


0,85620




SEK


Swedish krona


10,7200




CHF


Swiss franc


1,5241




ISK


Iceland króna


 




NOK


Norwegian krone


8,9800




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,770




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


271,11




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7024




PLN


Polish zloty


4,3904




RON


Romanian leu


4,1941




TRY


Turkish lira


2,1559




AUD


Australian dollar


1,7485




CAD


Canadian dollar


1,6224




HKD


Hong Kong dollar


10,9247




NZD


New Zealand dollar


2,2017




SGD


Singapore dollar


2,0393




KRW


South Korean won


1 797,53




ZAR


South African rand


10,9048




CNY


Chinese yuan renminbi


9,6319




HRK


Croatian kuna


7,2715




IDR


Indonesian rupiah


14 421,33




MYR


Malaysian ringgit


4,9604




PHP


Philippine peso


67,623




RUB


Russian rouble


43,8870




THB


Thai baht


47,990




BRL


Brazilian real


2,7367




MXN


Mexican peso


18,5228




INR


Indian rupee


67,5130






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 578/2009 of 2 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-02
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009173EN.01000101.xml










3.7.2009   


EN


Official Journal of the European Union


L 173/1








            COMMISSION REGULATION (EC) No 578/2009
of 2 July 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 3 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 July 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 


46,5 




MK 


24,2 




TR 


47,0 




ZZ 


39,2 




0707 00 05 


MK 


27,4 




TR 


81,9 




ZZ 


54,7 




0709 90 70 


TR 


94,3 




ZZ 


94,3 




0805 50 10 


AR 


61,3 




TR 


64,2 




ZA 


55,6 




ZZ 


60,4 




0808 10 80 


AR 


66,9 




BR 


88,3 




CL 


82,8 




CN 


95,5 




NZ 


99,2 




US 


100,3 




UY 


55,1 




ZA 


86,7 




ZZ 


84,4 




0808 20 50 


AR 


108,6 




CL 


75,4 




NZ 


148,6 




ZA 


97,2 




ZZ 


107,5 




0809 10 00 


TR 


209,6 




XS 


120,6 




ZZ 


165,1 




0809 20 95 


SY 


197,7 




TR 


352,0 




ZZ 


274,9 




0809 30 


TR 


90,5 




ZZ 


90,5 




0809 40 05 


IL 


160,5 




US 


196,2 




ZZ 


178,4 






(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 C-567/08: Judgment of the Court (Seventh Chamber) of 2 July 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2005/36/EC — Recognition of professional qualifications — Failure to transpose within the prescribed period)
Date: 2009-07-02
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, fine, limitation of legal proceedings, recognition of vocational training qualifications, vocational training








C_2009205EN.01001301.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/13





Judgment of the Court (Seventh Chamber) of 2 July 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-567/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the prescribed period)
2009/C 205/23
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: H. Støvlbæk and V. Peere, Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to have adopted or notified, within the prescribed period, all the measures necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22)

Operative part of the judgment

The Court:






1.


Declares that, by not adopting, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive.










2.


Orders the Grand Duchy of Luxembourg to pay the costs.






(1)  OJ C 44, 21.02.2009.
Non-opposition to a notified concentration (Case COMP/M.5536 — Bluebay HYI/Bluebay MSI/Honsel AG) Text with EEA relevance
Date: 2009-07-02
Institutions: European Commission
Subjects: alloy, business management, economic concentration, exchange of information, financial instrument, holding company, investment transaction, merger control, metals, motor vehicle industry








C_2009150EN.01000301.xml










2.7.2009   


EN


Official Journal of the European Union


C 150/3





Non-opposition to a notified concentration
(Case COMP/M.5536 — Bluebay HYI/Bluebay MSI/Honsel AG)
(Text with EEA relevance)
2009/C 150/05
On 23 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 32009M5536. EUR-Lex is the on-line access to the European law.