do-me/EUR-LEX huggingface dataset:
Case C-255/09: Action brought on 9 July 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-07-09
Institutions: Court of Justice
Subjects: EU Member State, European Commission, Portugal, action for failure to fulfil an obligation, health care, health costs








C_2009205EN.01002902.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/29





Action brought on 9 July 2009 — Commission of the European Communities v Portuguese Republic
(Case C-255/09)
2009/C 205/51
Language of the case: Portuguese

Parties


Applicant: Commission of the European Communities (represented by: E. Traversa and M. França, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that the Portuguese Republic has failed to fulfil its obligations under Article 49 EC, by not providing for the reimbursement of non-hospital medical expenses incurred in another Member State, other than in the circumstances laid down in Regulation (EEC) No 1408/71, (1) either in Decree-Law No 177/92 of 13 August, which lays down the conditions for reimbursement of medical expenses incurred abroad, or in any other provision of national law; or to the extent that that Decree-Law allows for the reimbursement of non-hospital medical expenses incurred in another Member State, by making such reimbursement subject to prior authorisation.










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

The Commission considers that the Portuguese Republic has failed to fulfil its obligations under Article 49 EC, as interpreted by the case-law of the Court of Justice.
The effect of that case-law is that Article 49 EC applies to the situation of a patient who receives, in a Member State other than his Member State of residence, medical services which are provided for consideration.
In Portugal, Decree-Law No 177/92, which lays down the conditions for reimbursement of medical expenses incurred abroad, does not specifically provide for the reimbursement of non-hospital medical expenses incurred in another Member State, other than in the circumstances laid down in Regulation No 1408/71, or, in accordance with the interpretation put forward by the Portuguese authorities, it makes the reimbursement of those non-hospital medical expenses subject to prior authorisation, on restrictive conditions.


(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971(II), p. 416).
Case C-556/08: Judgment of the Court (Fifth Chamber) of 9 July 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2005/36/EC — Recognition of professional qualifications — Failure to transpose within the period prescribed)
Date: 2009-07-09
Institutions: Court of Justice
Subjects: Northern Ireland, United Kingdom, action for failure to fulfil an obligation, fine, limitation of legal proceedings, recognition of vocational training qualifications, vocational training








C_2009205EN.01001201.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/12





Judgment of the Court (Fifth Chamber) of 9 July 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-556/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the period prescribed)
2009/C 205/21
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: H. Støvlbæk and A.-A. Gilly, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the 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 (OJ 2005 L 255, p. 22).

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt 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 United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 63 of that directive;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.






(1)  OJ C 44, 21.2.2009.
Case C-319/07 P: Judgment of the Court (Third Chamber) of 9 July 2009 — 3F, formerly Specialarbejderforbundet i Danmark (SID) v Commission of the European Communities, Kingdom of Denmark, Kingdom of Norway (Appeals — Tax relief measures for seafarers employed on board vessels registered in the Danish International Register — Commission decision not to raise objections — Action for annulment — Concept of party concerned — Trade union — Admissibility of the action)
Date: 2009-07-09
Institutions: Court of Justice
Subjects: Denmark, action for annulment (EU), appeal, crew, tax relief, tax system








C_2009205EN.01000301.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/3





Judgment of the Court (Third Chamber) of 9 July 2009 — 3F, formerly Specialarbejderforbundet i Danmark (SID) v Commission of the European Communities, Kingdom of Denmark, Kingdom of Norway
(Case C-319/07 P) (1)

(Appeals - Tax relief measures for seafarers employed on board vessels registered in the Danish International Register - Commission decision not to raise objections - Action for annulment - Concept of party concerned - Trade union - Admissibility of the action)
2009/C 205/03
Language of the case: English

Parties


Appellant: 3F, formerly Specialarbejderforbundet i Danmark (SID) (represented by: A.P. Bentley QC and A. Worsøe, advokat)

Other parties to the proceedings: Commission of the European Communities (represented by: N. Khan and H. van Vliet, Agents), Kingdom of Denmark, Kingdom of Norway

Re:

Appeal against the order of the Second Chamber (Extended Composition) of the Court of First Instance of 23 April 2007 in Case T-30/03 Specialarbejderforbundet Danmark (SID) v Commission of the European Communities declaring inadmissible an action for the annulment of Commission Decision C(2002) 4370 final of 13 November 2002 to regard the tax reduction measures applicable to seafarers on board Danish vessels as State aid compatible with the common market — Concept of party concerned — Trade union

Operative part of the judgment







1.


The order of the Court of First Instance of the European Communities of 23 April 2007 in Case T-30/03 SID v Commission is set aside in part, in so far as it did not address the arguments of 3F relating, first, to the competitive position of 3F in relation to other trade unions in the negotiation of collective agreements applicable to seafarers and, second, to the social aspects of the fiscal measures in relation to seafarers employed on board vessels registered in the Danish International Register of Shipping.










2.


The plea of inadmissibility raised by the Commission of the European Communities before the Court of First Instance of the European Communities is rejected.










3.


The case is remitted to the Court of First Instance of the European Communities for it to rule on the claim by 3F for the annulment of Commission Decision C(2002) 4370 final of 13 November 2002 not to raise objections to the Danish fiscal measures applicable to seafarers employed on board vessels registered in the Danish International Register.










4.


Costs are reserved.






(1)  OJ C 211, 8.9.2007.
Euro exchange rates
Date: 2009-07-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2009156EN.01000501.xml










9.7.2009   


EN


Official Journal of the European Union


C 156/5





Euro exchange rates (1)

8 July 2009
2009/C 156/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3901




JPY


Japanese yen


131,02




DKK


Danish krone


7,4469




GBP


Pound sterling


0,86495




SEK


Swedish krona


11,0600




CHF


Swiss franc


1,5162




ISK


Iceland króna


 




NOK


Norwegian krone


9,0770




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,047




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


278,10




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7000




PLN


Polish zloty


4,4338




RON


Romanian leu


4,2178




TRY


Turkish lira


2,1623




AUD


Australian dollar


1,7728




CAD


Canadian dollar


1,6206




HKD


Hong Kong dollar


10,7738




NZD


New Zealand dollar


2,2168




SGD


Singapore dollar


2,0323




KRW


South Korean won


1 776,14




ZAR


South African rand


11,3450




CNY


Chinese yuan renminbi


9,4984




HRK


Croatian kuna


7,3430




IDR


Indonesian rupiah


14 248,39




MYR


Malaysian ringgit


4,9522




PHP


Philippine peso


67,049




RUB


Russian rouble


44,1250




THB


Thai baht


47,368




BRL


Brazilian real


2,7686




MXN


Mexican peso


18,7010




INR


Indian rupee


67,9620






(1)  Source: reference exchange rate published by the ECB.
Case F-66/09: Action brought on 9 July 2009 — Saracco v ECB
Date: 2009-07-09
Institutions: Civil Service Tribunal
Subjects: European Central Bank, action for annulment (EU), unpaid leave








C_2009205EN.01005101.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/51





Action brought on 9 July 2009 — Saracco v ECB
(Case F-66/09)
2009/C 205/94
Language of the case: French

Parties


Applicant: Roberta Saracco (Arona, Italy) (represented by: F. Parrat, lawyer)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Annulment of the ECB’s decision refusing to extend the applicant’s leave on personal grounds.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision to refuse to allow the applicant to take leave on personal grounds from 1 November 2008;










—


so far as necessary, annul the decisions refusing revision and rejecting the complaint;










—


order the European Central Bank to pay the costs.
Case T-188/08: Order of the Court of First Instance of 9 July 2009 — infeurope v Commission (Action for declaration of failure to act, for annulment and for damages — Public service contracts — Call for tenders concerning consultancy, audit and study services for OHIM — Administrative appeal before the Commission — Implied Commission decision to dismiss — New claims — Connection between the action for a declaration of failure to act and the action for damages — Manifest inadmissibility)
Date: 2009-07-09
Institutions: Court of First Instance
Subjects: European Commission, European Union Intellectual Property Office, action for annulment (EU), appeal, audit, award of contract, consultancy, indemnification, termination of a contract








C_2009233EN.01001601.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/16





Order of the Court of First Instance of 9 July 2009 — infeurope v Commission
(Case T-188/08) (1)

(Action for declaration of failure to act, for annulment and for damages - Public service contracts - Call for tenders concerning consultancy, audit and study services for OHIM - Administrative appeal before the Commission - Implied Commission decision to dismiss - New claims - Connection between the action for a declaration of failure to act and the action for damages - Manifest inadmissibility)
2009/C 233/28
Language of the case: English

Parties


Applicant: infeurope (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)

Defendant: Commission of the European Communities (represented by: N. Bambara and E. Manhaeve, acting as Agents)

Re:

First, APPLICATION for a declaration that the Commission failed to act in that it unlawfully failed to annul the decision to award framework contracts following the call for tenders procedure AO/026/06 of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) for the provision of consultancy services, audits and studies, and to terminate the specific contracts concluded under those framework contracts and, in the alternative, APPLICATION for annulment of the alleged implied decision of the Commission to dismiss the applicant’s administrative appeal of 13 December 2007 in the context of that tendering procedure and, secondly, APPLICATION for compensation for the harm allegedly suffered as a result of the alleged unlawful omissions on the part of the Commission.

Operative part of the order







1.


The action is dismissed.










2.


infeurope is ordered to pay the costs.






(1)  OJ C 171, of 5.7.2008.
Case T-257/08: Judgment of the Court of First Instance of 9 July 2009 — Biotronik v OHIM (BioMonitor) (Community trade mark — Application for Community word mark BioMonitor — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Date: 2009-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), medical device, trade-mark law








C_2009205EN.01003702.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/37





Judgment of the Court of First Instance of 9 July 2009 — Biotronik v OHIM (BioMonitor)
(Case T-257/08) (1)

(Community trade mark - Application for Community word mark BioMonitor - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2009/C 205/68
Language of the case: German

Parties


Applicant: Biotronik GmbH & Co. KG (Berlin, Germany) (represented initially by U. Sander and R. Böhm, and subsequently by R. Böhm, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2008 (Case R 466/2007-4) concerning an application for registration of the word sign BioMonitor as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Biotronik GmbH & Co. KG to pay the costs.






(1)  OJ C 223, 30.8.2008.
Commission Regulation (EC) No 603/2009 of 9 July 2009 fixing the maximum buying-in price for skimmed milk powder for the 6th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 310/2009
Date: 2009-07-09
Institutions: European Commission
Subjects: award of contract, export refund, maximum price, milk, purchase price, skimmed milk powder








L_2009179EN.01005701.xml










10.7.2009   


EN


Official Journal of the European Union


L 179/57








            COMMISSION REGULATION (EC) No 603/2009
of 9 July 2009
         
fixing the maximum buying-in price for skimmed milk powder for the 6th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 310/2009


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), and in particular Article 43, in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EC) No 310/2009 (2) has opened buying-in of skimmed milk powder by a tendering procedure for the period expiring on 31 August 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder (3).












(2)


In the light of the tenders received in response to individual invitations to tender, a maximum buying-in price is to be fixed or a decision to make no award is to be taken, in accordance with Article 17 of Regulation (EC) No 214/2001.












(3)


In the light of the tenders received for the 6th individual invitation to tender, a maximum buying-in price should be fixed.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the 6th individual invitation to tender for the buying-in of skimmed milk powder within the tendering procedure opened by Regulation (EC) No 310/2009, in respect of which the time limit for the submission of tenders expired on 7 July 2009, the maximum buying-in price shall be EUR 167,90/100 kg.


Article 2
This Regulation shall enter into force on 10 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 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 97, 16.4.2009, p. 13.

(3)  
            OJ L 37, 7.2.2001, p. 100.
Case T-348/05 INT: Judgment of the Court of First Instance of 9 July 2009 — JSC Kirovo-Chepetsky Khimichesky Kombinat v Council (Procedure — Interpretation of a judgment)
Date: 2009-07-09
Institutions: Court of First Instance
Subjects: General Court (EU), Russia, anti-dumping duty, anti-dumping legislation, fertiliser industry








C_2009205EN.01003101.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/31





Judgment of the Court of First Instance of 9 July 2009 — JSC Kirovo-Chepetsky Khimichesky Kombinat v Council
(Case T-348/05 INT)
(Procedure - Interpretation of a judgment)
2009/C 205/54
Language of the case: English

Parties


Applicant: JSC Kirovo-Chepetsky Khimichesky Kombinat (Kirovo-Chepetsk, Russia) (represented by: B. Evtimov, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, and G. Berrisch, lawyer)

Intervener in support of the defendant: Commission of the European Communities (represented by K. Talabér-Ritz and H. van Vliet, Agents)

Re:

Application for interpretation of the judgment of the Court of First Instance of 10 September 2008 in Case T-348/05.

Operative part of the judgment

The Court:






1.


Declares that the first point of the operative part of the judgment of the Court of First Instance of 10 September 2008 in Case T-348/05 JSC Kirovo-Chepetsky Khimichesky Kombinat v Council is to be interpreted as meaning that Regulation (EC) No 945/2005 of 21 June 2005, amending Regulation (EC) No 658/2002, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia, and Regulation (EC) No 132/2001, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96, is annulled in so far as it concerns JSC Kirovo-Chepetsky Khimichesky Kombinat;










2.


Orders JSC Kirovo-Chepetsky Khimichesky Kombinat, the Council of the European Union and the Commission of the European Communities to bear their own costs;










3.


Orders that the original of this judgment be appended to the original of the judgment interpreted, in the margin of which reference shall be made to this judgment.
Commission Communication concerning the prolongation of the Community Guidelines on State aid for Rescuing and Restructuring Firms in Difficulty
Date: 2009-07-09
Institutions: European Commission
Subjects: State aid, aid system, aid to undertakings, application of EU law, company in difficulties, industrial restructuring








C_2009156EN.01000301.xml










9.7.2009   


EN


Official Journal of the European Union


C 156/3





Commission Communication concerning the prolongation of the Community Guidelines on State aid for Rescuing and Restructuring Firms in Difficulty
2009/C 156/02
The Community Guidelines on State aid for Rescuing and Restructuring Firms in Difficulty (1) will expire on 9 October 2009 (2).
Since their adoption in 2004, the Commission has applied these guidelines in numerous cases and experience has shown that they provide a sound basis for the control of this type of State aid.
The economic crisis has created a difficult and unstable economic situation. Having regard to the need to ensure continuity and legal certainty in the treatment of State aid to enterprises in financial difficulty, the Commission has decided to extend the validity of the existing Community Guidelines on State aid for Rescuing and Restructuring Firms in Difficulty until 9 October 2012.


(1)  OJ C 244, 1.10.2004, p. 2-17.

(2)  See paragraph 102 of the Community Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (OJ C 244, 1.10.2004, p. 15).
Case T - 279/09: Action brought on 9 July 2009 — Aiello v OHIM — Cantoni ITC (100 % Capri)
Date: 2009-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009220EN.01003902.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/39





Action brought on 9 July 2009 — Aiello v OHIM — Cantoni ITC (100 % Capri)
(Case T - 279/09)
2009/C 220/83
Language in which the application was lodged: Italian

Parties


Applicant: Antonio Aiello (Vico Equense, Italy) (represented by: M. Coccia and L. Pardo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Cantoni ITC SpA (Milan, Italy)

Form of order sought







—


Annul the decision of the First Board of Appeal of OHIM of 2 April 2009, notified by fax on 14 May 2009, in case R 1148/2008-1 between Antonio Aiello and Cantoni ITC SpA and, by way of correction, reject opposition B 856 163 to the registration of the trade mark ‘100 % CAPRI’ for goods in Classes 3, 18 and 25 (No 003563848).










—


Order the defendant to pay all the costs of the proceedings before the Court of First Instance of the European Communities.





Pleas in law and main arguments


Applicant for a Community trade mark: Antonio Aiello

Community trade mark concerned: Figurative mark composed of the word and number elements ‘100 % Capri’ (registration application No 3 563 848) for goods in Classes 3, 18 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: CANTONI L.T.C. S.p.A.

Mark or sign cited in opposition: Community figurative mark (registration application No 2 689 891) and national figurative mark composed of the word element ‘CAPRI’ for goods in Classes 3, 18 and 25.

Decision of the Opposition Division: Upheld the opposition and rejected the application for registration for all the contested goods.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 on the Community trade mark and Articles 50(1) and 20(2) of Regulation (EC) No 2868/95 implementing Regulation (EC) No 40/94 on the Community trade mark (replaced by Regulation No 207/2009).