do-me/EUR-LEX huggingface dataset:
Case C-251/09: Action brought on 7 July 2009 — Commission of the European Communities v Republic of Cyprus
Date: 2009-07-07
Institutions: Court of Justice
Subjects: Cyprus, European Commission, action for failure to fulfil an obligation, award of contract, invitation to tender, power plant








C_2009233EN.01000502.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/5





Action brought on 7 July 2009 — Commission of the European Communities v Republic of Cyprus
(Case C-251/09)
2009/C 233/09
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: C. Zadra and I. Khatzigiannis)

Defendant: Republic of Cyprus

Form of order sought







—


declare that the Republic of Cyprus has failed to fulfil its obligations under Articles 4(2) and 31(1) of Directive 93/38/EEC (1) and Article 1(1) of Directive 92/13/EEC; (2)











—


order the Republic of Cyprus to pay the costs.





Pleas in law and main arguments

The Arkhi Ilektrikou Kiprou (Electricity Authority of Cyprus) is stated to have infringed Directives 93/38/EEC and 92/13/EEC in the course of the tendering procedure under reference number 40/2005 which related to a contract for the design, supply and construction of the fourth unit of the Vasilikos Power Station.
The Commission submits that the infringement of Articles 4(2) and 31(1) of Directive 93/38 is due to the grounds for rejection of the complainant’s tender and acceptance of that of the other tenderer on the basis of a criterion which was not referred to clearly in the call for tenders.
So far as concerns the infringement of Directive 92/13, a measure relating to procedure, the Commission submits (i) that, inasmuch as the contracting authority itself created by its conduct a state of uncertainty as to the interpretation to be given to the grounds which resulted in the rejection of the complainant’s tender, it infringed Directive 92/13 as interpreted in the light of the objective of effectiveness pursued by that directive, and (ii) that the contracting authority cannot give reasons for its decision by simply referring to the evaluation reports.


(1)  Council Directive of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84).

(2)  Council Directive of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1992 L 76, p. 14).
Case C-248/09: Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāta Administratīvo lietu departaments (Latvian Republic) lodged on 7 July 2009 — SIA Pakora Pluss v Valsts ieņēmumu dienests
Date: 2009-07-07
Institutions: Court of Justice
Subjects: Latvia, customs, customs regulations, free movement of goods, import, interpretation of the law, maritime area








C_2009220EN.01002201.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/22





Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāta Administratīvo lietu departaments (Latvian Republic) lodged on 7 July 2009 — SIA Pakora Pluss v Valsts ieņēmumu dienests
(Case C-248/09)
2009/C 220/43
Language of the case: Latvian

Referring court

Latvijas Republikas Augstākās tiesas Senāta Administratīvo lietu departaments

Parties to the main proceedings


Applicant: SIA Pakora Pluss

Defendant: Valsts ieņēmumu dienests

Questions referred







1.


Can export formalities be regarded as completed for the purpose of [Annex IV, Chapter 5,] paragraph 1 of the Act of Accession, if a cargo manifest has been filled in but the actions required by Article 448 of Regulation No 2454/93 (1) have not been performed (the German customs authorities had not given the Latvian customs authorities proper notification of the shipping company’s request)?










2.


If they cannot, then in circumstances such as those in question can the rules governing the customs procedure (Regulations Nos 2913/92 (2) and 2454/93) be regarded as quite inapplicable?










3.


If the answer to the first question is affirmative, must Annex IV, Chapter 5, paragraph 1, of the Act of Accession to the European Union be interpreted as meaning that, when goods moving in the enlarged Community after being the subject of export formalities are not put into free circulation, they are not free of customs duties or other customs measures, even though it is beyond doubt that those goods have the status of Community goods? In other words, is it in the circumstances of the case decisive that the customs procedure of release for free circulation has been completed?










4.


Is value added tax to be included in the definition of import duties laid down in Article 4(10) of Regulation No 2913/92?










5.


If it is, is the obligation to pay value added tax, which is charged as a customs duty on the import of goods, imposed on the principal or on the final consumer of the goods? Are there any circumstances that might permit that obligation to be shared?






(1)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

(2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).
Case C-252/09: Action brought on 7 July 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-07-07
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, approximation of laws, property market, real property, securities








C_2009205EN.01002803.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/28





Action brought on 7 July 2009 — Commission of the European Communities v Portuguese Republic
(Case C-252/09)
2009/C 205/49
Language of the case: Portuguese

Parties


Applicant: Commission of the European Communities (represented by: G. Zavvos and G. Braga da Cruz, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2007/16/EC (1) of 19 March 2007 implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions, or in any event by failing to communicate those measures to the Commission, the Portuguese Republic has failed to fulfil its obligations under Directive 2007/16/EC;










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing the directive expired on 23 March 2008.


(1)  OJ 2007 L 79, p. 11.
Case T-263/09: Action brought on 7 July 2009 — Mannatech v OHIM (BOUNCEBACK)
Date: 2009-07-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, trade-mark law








C_2009205EN.01004601.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/46





Action brought on 7 July 2009 — Mannatech v OHIM (BOUNCEBACK)
(Case T-263/09)
2009/C 205/84
Language of the case: English

Parties


Applicant(s): Mannatech, Inc. (Coppell, United States) (represented by R. Niebel and C. Steuer, lawyers)

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

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 March 2009 in case R 100/2009-1; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: The word mark “BOUNCEBACK” for goods in class 5

Decision of the examiner: Refused the applicant’s trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (2) of Council Regulation 207/2009 as the Board of Appeal erred in its application of the legal standards laid down in the said legal provisions.
Case C-369/07: Judgment of the Court (Grand Chamber) of 7 July 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Measures for compliance with a judgment of the Court — Article 228 EC — Financial penalties — Penalty payment — Lump sum payment)
Date: 2009-07-07
Institutions: Court of Justice
Subjects: European Commission, Greece, State aid, action for failure to fulfil an obligation, aid for restructuring, redemption, social-security contribution








C_2009205EN.01000401.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/4





Judgment of the Court (Grand Chamber) of 7 July 2009 — Commission of the European Communities v Hellenic Republic
(Case C-369/07) (1)

(Failure of a Member State to fulfil obligations - State aid - Measures for compliance with a judgment of the Court - Article 228 EC - Financial penalties - Penalty payment - Lump sum payment)
2009/C 205/05
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: E. Righini, I. Hadjiyiannis and D.Triantafyllou, Agents)

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou and P. Mylonopoulos, Agents, and V. Christianos and P. Anestis, dikigoroi)

Re:

Failure of a Member State to fulfil obligations — Article 228 EC — Non-compliance with the judgment of the Court of 12 May 2005 in Case C-415/03 — Infringement of Articles 3 and 4 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic Airways (OJ 2003 L 132, p. 1) — Failure to take measures to recover aid incompatible with the Treaty and aid granted unlawfully — Application for imposition of a penalty payment

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, by the date on which the period prescribed in the reasoned opinion expired, the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece concerning repayment of the aid found to be unlawful and incompatible with the common market in accordance with Article 3 of Commission Decision 2003/372/EC of 11 December 2002 on aid granted by Greece to Olympic Airways, the Hellenic Republic has failed to fulfil its obligations under that decision and under Article 228(1) EC.










2.


Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a penalty payment of EUR 16 000 for each day of delay in adopting the measures necessary to comply with the judgment in Case C-415/03 Commission v Greece, from one month after the day on which judgment is delivered in the present case until the day on which the judgment in Case C-415/03 is complied with.










3.


Orders the Hellenic Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a lump sum of EUR 2 million.










4.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 269, 10.11.2007.
Case C-249/09: Reference for a preliminary ruling from the Tartu Ringkonnakohus (Estonia) lodged on 7 July 2009 — Novo Nordisk A/S v Ravimiamet
Date: 2009-07-07
Institutions: Court of Justice
Subjects: Estonia, consumer information, interpretation of the law, medicinal product, pharmaceutical product, scientific press








C_2009220EN.01002202.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/22





Reference for a preliminary ruling from the Tartu Ringkonnakohus (Estonia) lodged on 7 July 2009 — Novo Nordisk A/S v Ravimiamet
(Case C-249/09)
2009/C 220/44
Language of the case: Estonian

Referring court

Tartu Ringkonnakohus

Parties to the main proceedings


Applicant: Novo Nordisk AS

Defendant: Ravimiamet

Questions referred







1.


Must Article 87(2) of Directive 2001/83/EC (1) of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (as amended and supplemented) be interpreted as extending also to quotations taken from medical journals or other scientific works which are included in advertisements for medicinal products directed to persons qualified to prescribe medicines?










2.


Must Article 87(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (as amended and supplemented) be interpreted as prohibiting the publication in advertisements for medicinal products of claims which conflict with the summary of product characteristics, but not requiring that all the claims in advertisements for medicinal products must be included in the summary of product characteristics or be derivable from information in the summary?






(1)  OJ 2001 L 311, p. 67.
Case T-259/09: Action brought on 7 July 2009 — Commission v Arci Nuova Associazione Comitato di Cagliari and Gessa
Date: 2009-07-07
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), disclosure of information, immigration, integration of migrants, limitation of legal proceedings, location of production, originating product








C_2009220EN.01003402.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/34





Action brought on 7 July 2009 — Commission v Arci Nuova Associazione Comitato di Cagliari and Gessa
(Case T-259/09)
2009/C 220/73
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by M. Moretto, lawyer, and A.M. Rouchaud-Joët and N. Bambara, Agents)

Defendant: Arci Nuova Associazione Comitato di Cagliari (Cagliari, Italy), Alberto Gessa (Cagliari, Italy)

Form of order sought







—


An order that Arci Nuova Associazione Comitato di Cagliari and Alberto Gessa should, in their personal capacities and jointly and severally, repay the principal sum of EUR 15 675,00 owing, together with default interest at the rate of 7,32 %, running from 20 May 2007 until full and final payment of the sum owed;










—


an order that Arci Nuova Associazione Comitato di Cagliari and Alberto Gessa should, in their personal capacities and jointly and severally, pay the costs.





Pleas in law and main arguments

By this action the applicant seeks an order that the abovementioned association and, jointly, its chairman, should pay a sum equivalent to the advance paid by the applicant for performance of the action ‘ONG-2003-204-Cagliari-ARCI-l’Europa dei Migranti’. That action consists of a series of IT and documentation activities in the languages of the various countries of provenance, relating to the European institutions, the decision-making process, the stages in building and enlarging Europe, for the purpose of making the integration of migrants easier.
The agreement imposed an obligation to send, within a certain period, the final report regarding the performance of the action, the final financial accounts of the eligible costs actually incurred, and the full statement of the income and expenditure relating to the action.
That obligation not having been fulfilled, the Commission has decided to bring this action.
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-07-07
Institutions: European Commission
Subjects: France, air transport, airline, disclosure of information, transport regulations








C_2009154EN.01001801.xml










7.7.2009   


EN


Official Journal of the European Union


C 154/18





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2009/C 154/07






Member State


France




Concerned route


Cayenne–Maripasoula
Cayenne–Saül
Cayenne–Grand-Santi
Saint-Laurent-du-Maroni–Grand-Santi




Date of entry into force of the public service obligations


1.7.2009




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained


Text of the Arrêté modifying the PSO
NOR: DEVA0912761A
http://www.legifrance.gouv.fr/initRechTexte.do





Directorate-General for Civil Aviation




DTA/SDT/T2




50 rue Henry Farman




75720 Paris Cedex 15




FRANCE




Tel. +33 158094321




E-mail: osp-compagnies@dta.aviation-civile.gouv.fr
2009/526/EC: Council Decision of 7 July 2009 appointing four Belgian members and one Belgian alternate member of the Committee of the Regions
Date: 2009-07-07
Institutions: Council of the European Union
Subjects: Belgium, European Committee of the Regions, appointment of members








L_2009177EN.01000401.xml










8.7.2009   


EN


Official Journal of the European Union


L 177/4








            COUNCIL DECISION
         
of 7 July 2009
         
appointing four Belgian members and one Belgian alternate member of the Committee of the Regions
(2009/526/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Belgian Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


Four members' seats on the Committee of the Regions have become vacant following the expiry of the mandates of Mr Geert BOURGEOIS, Mr Luc VAN DEN BRANDE, Mr Patrick LACHAERT and Mr Gilbert BOSSUYT. An alternate member’s seat has become vacant following the expiry of the mandate of Mr Marc VAN DEN ABEELEN,





HAS DECIDED AS FOLLOWS:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:






a)


as members:






—


Mr Geert BOURGEOIS, Vlaams Volksvertegenwoordiger (change of mandate),










—


Mr Luc VAN DEN BRANDE, Voorzitter Vlaams-Europees Verbindingsagentschap (change of mandate),










—


Mr Gilbert BOSSUYT, burgemeester Menen (change of mandate),










—


Mr Patrick LACHAERT, gemeenteraadslid Merelbeke (change of mandate),




and










b)


as alternate member:






—


Mr Marc VAN DEN ABEELEN, burgemeester van Aartselaar (change of mandate).










Article 2
This Decision shall take effect on 30 June 2009.




Done at Brussels, 7 July 2009.


For the Council


The President

A. BORG
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance)
Date: 2009-07-07
Institutions: European Commission
Subjects: France, air transport, airline, invitation to tender, transport regulations








C_2009154EN.01001902.xml










7.7.2009   


EN


Official Journal of the European Union


C 154/19





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2009/C 154/10






Member State


France




Concerned route


Le Havre–Lyon (Saint Éxupéry)




Period of validity of the contract


From 10.1.2010 to 9.1.2014




Deadline for submission of tenders








—


for application (1st step): 7.9.2009 (16.00 local time)










—


For tenders (2nd step): 12.10.2009 (16.00 local time)








Address where the text of the invitation to tender and any relevant information and/or documentation related to the pubic tender and the public service obligation can be obtained







Chambre de Commerce et d’Industrie du Havre




Esplanade de l’Europe




BP 1410




76067 Le Havre cedex




FRANCE




Tel. +33 235546500/01




Fax +33 235546520




E-mail: pthibaut@havre.cci.fr
Commission Regulation (EC) No 587/2009 of 7 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-07
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009177EN.01000101.xml










8.7.2009   


EN


Official Journal of the European Union


L 177/1








            COMMISSION REGULATION (EC) No 587/2009
of 7 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 8 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 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 


MK 


43,9 




TR 


44,0 




ZZ 


44,0 




0707 00 05 


TR 


109,4 




ZZ 


109,4 




0709 90 70 


TR 


101,6 




ZZ 


101,6 




0805 50 10 


AR 


51,1 




MK 


25,1 




TR 


41,9 




ZA 


54,7 




ZZ 


43,2 




0808 10 80 


AR 


91,0 




BR 


74,7 




CL 


83,5 




CN 


89,1 




NZ 


102,4 




US 


103,2 




UY 


116,5 




ZA 


87,3 




ZZ 


93,5 




0808 20 50 


AR 


82,2 




CL 


85,2 




NZ 


161,4 




ZA 


106,7 




ZZ 


108,9 




0809 10 00 


TR 


204,9 




XS 


116,3 




ZZ 


160,6 




0809 20 95 


SY 


197,7 




TR 


294,4 




ZZ 


246,1 




0809 30 


TR 


155,5 




ZZ 


155,5 




0809 40 05 


IL 


160,5 




ZZ 


160,5 






(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’.