do-me/EUR-LEX huggingface dataset:
Case T-277/09: Action brought on 16 July 2009 — Trasys v Commission
Date: 2009-07-16
Institutions: Court of First Instance
Subjects: European Commission, Publications Office of the European Union, access to information, action for annulment (EU), administrative transparency, equal treatment, information, invitation to tender, provision of services








C_2009244EN.01000501.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/5





Action brought on 16 July 2009 — Trasys v Commission
(Case T-277/09)
2009/C 244/08
Language of the case: English

Parties


Applicant: Trasys (Woluwe-Saint-Lambert, Belgium) (represented by: M. Martens and P. Hermant, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


Annul the Commission Decision, notified to the applicant by a letter dated 9 June 2009, rejecting the applicant’s tender for Lots C and E in the call for tender No 10017 and awarding contract to the successful contractors;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

In the present case the applicant seeks the annulment of the defendant’s decisions to reject its bid submitted for Lots C and E in response to a call for an open tender for support of the Publications Office and its CORDIS unit in the provision of publishing and communication services (1) and to award the contract to the successful contractor.
In support of its claims the applicant puts forward four pleas in law.
First, the applicant contends that the defendant infringed the principle of transparency laid down in Articles 100 and 89(1) of the financial regulation (2) by unreasonably limiting access to essential information and in consequence depriving the applicant of the opportunity to gain a proper understanding of the method used to evaluate the tenders and of the reasons why its tender was rejected.
Second, the applicant alleges that its bid has been subject to a tender assessment methodology which is contrary to the principles set out in Article 89(1) of the financial regulation such as the principles of equal treatment and transparency.
Third, it claims that the tender specifications were not clear enough and that the last clarifications were provided too late by the contracting authority and, as a consequence, the applicant was not in the position to plan its tender and to take into account the way in which the assessment would be made.
Fourth, the applicant submits that its bid has been subject to an unreasonable and disproportional evaluation by the contracting authority leading to the errors of assessment which vitiate the final decision.


(1)  JO 2008/S 242-321376

(2)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1)
Case C-481/07 P: Judgment of the Court (Sixth Chamber) of 16 July 2009 — SELEX Sistemi Integrati SpA v Commission of the European Communities (Appeal — Non-contractual liability of the Community — Commission Decision rejecting a complaint brought against Eurocontrol — Actual and certain damage)
Date: 2009-07-16
Institutions: Court of Justice
Subjects: Eurocontrol, European Commission, action for failure to act, appeal, competition law, dominant position, liability








C_2009220EN.01000501.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/5





Judgment of the Court (Sixth Chamber) of 16 July 2009 — SELEX Sistemi Integrati SpA v Commission of the European Communities
(Case C-481/07 P) (1)

(Appeal - Non-contractual liability of the Community - Commission Decision rejecting a complaint brought against Eurocontrol - Actual and certain damage)
2009/C 220/07
Language of the case: Italian

Parties


Appellant: SELEX Sistemi Integrati SpA (represented by: F. Sciaudone, R. Sciandone and A. Neri, avvocati)

Other party to the proceedings: Commission of the European Communities (represented by: V. Di Bucci and F. Amato, agents.)

Re:

Appeal brought against the order of the Court of First Instance (Second Chamber) of 29 August 2007 in Case T-186/05 SELEX Sistemi Integrati v Commission dismissing as in part manifestly inadmissible and in part manifestly without foundation in law the action for compensation for the loss allegedly suffered by the applicant as a result of the Commission decision of 12 February 2004 rejecting the applicant’s complaint of an alleged infringement by Eurocontrol of the provisions of the EC Treaty on competition

Operative part of the judgment

The Court:






1.


dismisses the appeal;










2.


orders SELEX Sistemi Integrati SpA to pay the costs.






(1)  OJ C 37, 09.02.2008.
Case C-344/08: Judgment of the Court (Second Chamber) of 16 July 2009 (reference for a preliminary ruling from the Sąd Rejonowy w Kościanie — Republic of Poland) — Criminal proceedings against Tomasz Rubach (Protection of species of wild fauna and flora — Species listed in Annex B to Regulation (EC) No 338/97 — Evidence of lawful acquisition of specimens of those species — Burden of proof — Presumption of innocence — Rights of the defence)
Date: 2009-07-16
Institutions: Court of Justice
Subjects: animal life, export monitoring, interpretation of the law, marketing, protection of animal life, protection of plant life








C_2009220EN.01001401.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/14





Judgment of the Court (Second Chamber) of 16 July 2009 (reference for a preliminary ruling from the Sąd Rejonowy w Kościanie — Republic of Poland) — Criminal proceedings against Tomasz Rubach
(Case C-344/08) (1)

(Protection of species of wild fauna and flora - Species listed in Annex B to Regulation (EC) No 338/97 - Evidence of lawful acquisition of specimens of those species - Burden of proof - Presumption of innocence - Rights of the defence)
2009/C 220/22
Language of the case: Polish

Referring court

Sąd Rejonowy w Kościanie

Party involved in the criminal prosecution in the main proceedings

Tomasz Rubach

Re:

Reference for a preliminary ruling — Sąd Rejonowy w Kościanie — Interpretation of Article 8(5) of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ 1997 L 61, p. 1) — Notion of ‘proof’ that specimens of the species listed in Annex B were lawfully acquired

Operative part of the judgment

Article 8(5) of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein must be interpreted as meaning that, in the context of criminal proceedings brought against a person accused of having infringed that provision, any type of evidence accepted under the procedural law of the Member State concerned in similar proceedings is in principle admissible for the purpose of establishing whether specimens of animal species listed in Annex B to that regulation were lawfully acquired. In the light also of the principle of the presumption of innocence, such a person may adduce any such evidence to prove that those specimens came lawfully into his possession in accordance with the conditions laid down in that provision.


(1)  OJ C 272, 25.10.2008.
Commission Regulation (EC) No 628/2009 of 16 July 2009 on the issuing of import licences for applications lodged during the first seven days of July 2009 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat
Date: 2009-07-16
Institutions: European Commission
Subjects: common organisation of markets, import licence, originating product, poultrymeat, tariff quota








L_2009185EN.01002101.xml










17.7.2009   


EN


Official Journal of the European Union


L 185/21








            COMMISSION REGULATION (EC) No 628/2009
of 16 July 2009
         
on the issuing of import licences for applications lodged during the first seven days of July 2009 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas for poultry meat originating in Brazil, Thailand and other third countries (3), and in particular Article 5(5) thereof,

Whereas:







(1)


Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultry meat sector.












(2)


The applications for import licences lodged during the first seven days of July 2009 for the subperiod 1 October to 31 December 2009 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for.





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod 1 October to 31 December 2009 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 17 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 142, 5.6.2007, p. 3.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2009-31.12.2009
(%)




1


09.4211


0,439 




5


09.4215


27,345272 




7


09.4217


62,153962
Case T-86/06: Order of the Court of First Instance of 16 July 2009 — Studio Bichara and Others v Commission
Date: 2009-07-16
Institutions: Court of First Instance
Subjects: Commission Delegation, European Anti-fraud Office, European Commission, appeal to the Court (EU), indemnification, liability, operation of the Institutions, termination of a contract








C_2009233EN.01002104.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/21





Order of the Court of First Instance of 16 July 2009 — Studio Bichara and Others v Commission
(Case T-86/06) (1)

2009/C 233/41

Language of the case: Italian

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


(1)  OJ C 121, 20.5.2006.
Joined Cases C-124/08 and C-125/08: Judgment of the Court (Second Chamber) of 16 July 2009 (references for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Gilbert Snauwaert, Algemeen Expeditiebedrijf Zeebrugge BVBA, Coldstar NV, Dirk Vlaeminck, Jeroen Den Haerynck, Ann De Wintere (C-124/08), Géry Deschaumes (C-125/08) v Belgische Staat (Regulation (EEC) No 2913/92 — Community Customs Code — Customs debt — Amount of duty — Communication to the debtor — Act that could give rise to criminal court proceedings)
Date: 2009-07-16
Institutions: Court of Justice
Subjects: EU customs procedure, customs debt, customs regulations, interpretation of the law, limitation of legal proceedings








C_2009220EN.01000902.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/9





Judgment of the Court (Second Chamber) of 16 July 2009 (references for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Gilbert Snauwaert, Algemeen Expeditiebedrijf Zeebrugge BVBA, Coldstar NV, Dirk Vlaeminck, Jeroen Den Haerynck, Ann De Wintere (C-124/08), Géry Deschaumes (C-125/08) v Belgische Staat
(Joined Cases C-124/08 and C-125/08) (1)

(Regulation (EEC) No 2913/92 - Community Customs Code - Customs debt - Amount of duty - Communication to the debtor - Act that could give rise to criminal court proceedings)
2009/C 220/14
Language of the cases: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings


Appellants: Gilbert Snauwaert, Algemeen Expeditiebedrijf Zeebrugge BVBA, Coldstar NV, Dirk Vlaeminck, Jeroen Den Haerynck, Ann De Wintere (C124/08), Géry Deschaumes (C-125/08)

Respondent: Belgische Staat

Re:

Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 221(1) and (3) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (version in force in 1992) (OJ 1992 L 302, p. 1) — Post-clearance recovery of import or export duties — Whether or not the amount of the duty owed must be entered in the accounts before being communicated to the debtor — Limitation period — Customs fraud — Finding of joint and several liability

Operative part of the judgment







1.


Article 221(1) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code must be interpreted as meaning that the amount of import or export duty due may be validly communicated to the debtor by the customs authorities, in accordance with appropriate procedures, only if the amount of that duty has been entered in the accounts beforehand by those authorities.










2.


Article 221(3) of Regulation No 2913/92 must be interpreted as meaning that the customs authorities may, after the expiry of the period of three years from the date on which the customs debt was incurred, validly communicate to the debtor the amount of duty legally due, where the exact amount of that duty could not be determined by those authorities as a result of an act that could give rise to criminal court proceedings. That includes cases where the debtor has not committed that act.






(1)  OJ C 142, 07.06.2008.
Case T-275/09: Action brought on 16 July 2009 — Sepracor Pharmaceuticals (Ireland) v Commission
Date: 2009-07-16
Institutions: Court of First Instance
Subjects: European Commission, Ireland, action for annulment (EU), marketing, pharmaceutical industry, pharmaceutical product, plant health product, toxic substance








C_2009220EN.01003802.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/38





Action brought on 16 July 2009 — Sepracor Pharmaceuticals (Ireland) v Commission
(Case T-275/09)
2009/C 220/81
Language of the case: English

Parties


Applicant: Sepracor Pharmaceuticals (Ireland) Ltd (Dublin, Ireland) (represented by: I. Dodds-Smith, Solicitor, D. Anderson, QC and J. Stratford, Barrister)

Defendant: Commission of the European Communities

Form of order sought







—


annul the contested decision;










—


order that the applicant’s costs of these proceedings are paid by the Commission.





Pleas in law and main arguments

By means of this application, the applicant seeks the annulment, pursuant to Article 230 EC, of the Commission decision by which the Commission, confirming the opinion issued by the Committee for Medicinal Products for Human Use of the European Medicines Agency (EMEA), granted the marketing authorisation for the applicant’s product ‘Lunivia’ but considered that the ‘eszopiclone’ contained in it was not a new active substance under Article 3(2) (a) of Regulation No 726/2004 (1).
The applicant puts forward two pleas in law in support of its claims.
First, the applicant claims that the defendant failed to apply the correct legal criteria for a new active substance in violation of the legislation, in particular of Article 10(2)(b) of Directive 2001/83 (2) and annex I, part II, section III of the same directive, as well as the applicable guidance such as Notice to Applicants, in particular its volume 2A and volume 3. The applicant further submits that the approach adopted by the defendant in the contested decision regarding the condition for qualifying as new active substance infringes the object and purpose of the legislative scheme which is predicted not upon concepts of ‘added value’ or comparative efficacy, but upon absolute standards of quality, safety and efficacy.
Second, the applicant claims that the defendant infringed its essential procedural rights since the EMEA received and took account of representations made by a third party without informing the applicant of their existence or giving it an opportunity to comment.


(1)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1)

(2)  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 (OJ 2001 L 311, p. 67)
Case C-467/07: Order of the President of the Court of 16 July 2009 (reference for a preliminary ruling from the Livadia Court of First Instance (Greece) — Panagiotis Koskovolis, Ekaterini Pappa v Municipality of Kiriaki
Date: 2009-07-16
Institutions: Court of Justice
Subjects: EU law - national law, contract, framework agreement, interpretation of the law, labour law, temporary employment








C_2009282EN.01003201.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/32





Order of the President of the Court of 16 July 2009 (reference for a preliminary ruling from the Livadia Court of First Instance (Greece) — Panagiotis Koskovolis, Ekaterini Pappa v Municipality of Kiriaki
(Case C-467/07) (1)

2009/C 282/55

Language of the case: Greek

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


(1)  OJ C 315, 22.12.2007.
Case C-165/08: Judgment of the Court (Second Chamber) of 16 July 2009 — Commission of the European Communities v Republic of Poland (Genetically modified organisms — Seed — Prohibition on placing on the market — Prohibition on inclusion in the national catalogue of varieties — Directives 2001/18/EC and 2002/53/EC — Reliance on ethical and religious grounds — Burden of proof)
Date: 2009-07-16
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, genetically modified organism, marketing restriction, seed, transgenic plant








C_2009220EN.01001002.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/10





Judgment of the Court (Second Chamber) of 16 July 2009 — Commission of the European Communities v Republic of Poland
(Case C-165/08) (1)

(Genetically modified organisms - Seed - Prohibition on placing on the market - Prohibition on inclusion in the national catalogue of varieties - Directives 2001/18/EC and 2002/53/EC - Reliance on ethical and religious grounds - Burden of proof)
2009/C 220/16
Language of the case: Polish

Parties


Applicant: Commission of the European Communities (represented by: B. Doherty and A. Szmytkowska, acting as Agents)

Defendant: Republic of Poland (represented by: M. Dowgielewicz, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 22 and 23 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1) and of Articles 4(4) and 16 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ 2002 L 193, p. 1) — National legislation prohibiting the marketing of seed derived from genetically modified varieties and the registration of such varieties in the national catalogue of varieties

Operative part of the judgment

The Court:






1.


Declares that, by prohibiting the free circulation of genetically modified seed varieties and the inclusion of genetically modified varieties in the national catalogue of varieties, the Republic of Poland has failed to fulfil its obligations under Articles 22 and 23 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, and under Articles 4(4) and 16 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species.










2.


Dismisses the action as to the remainder.










3.


Orders the Republic of Poland to bear its own costs and to pay two-thirds of the costs incurred by the Commission.










4.


Orders the Commission to bear one-third of its own costs.






(1)  OJ C 183, 19.7.2008.
Commission Regulation (EC) No 627/2009 of 16 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-16
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009185EN.01001901.xml










17.7.2009   


EN


Official Journal of the European Union


L 185/19








            COMMISSION REGULATION (EC) No 627/2009
of 16 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 17 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 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 


26,9 




ZZ 


26,9 




0707 00 05 


TR 


114,1 




ZZ 


114,1 




0709 90 70 


TR 


103,7 




ZZ 


103,7 




0805 50 10 


AR 


52,3 




TR 


53,0 




ZA 


71,6 




ZZ 


59,0 




0808 10 80 


AR 


126,4 




BR 


80,9 




CL 


88,2 




CN 


93,5 




NZ 


94,7 




US 


92,2 




ZA 


82,1 




ZZ 


94,0 




0808 20 50 


AR 


168,4 




CL 


81,3 




NZ 


87,2 




ZA 


101,0 




ZZ 


109,5 




0809 10 00 


HR 


90,0 




TR 


182,1 




XS 


103,5 




ZZ 


125,2 




0809 20 95 


TR 


332,5 




US 


236,3 




ZZ 


284,4 




0809 30 


TR 


134,2 




ZZ 


134,2 






(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’.