do-me/EUR-LEX huggingface dataset:
Case C-280/09: Action brought on 22 July 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-07-22
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, drug traffic, export monitoring, national implementing measure, psychotropic substance, surveillance concerning imports








C_2009256EN.01000702.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/7





Action brought on 22 July 2009 — Commission of the European Communities v Portuguese Republic
(Case C-280/09)
2009/C 256/13
Language of the case: Portuguese

Parties


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

Defendant: Portuguese Republic

Form of order sought







—


a declaration that, by failing to adopt the national measures required for the application of Articles 10 and 12 of Regulation (EC) No 273/2004 (1) of the European Parliament and of the Council of 11 February 2004 on drug precursors, by failing to communicate them in accordance with Article 16 of that act and by failing to adopt the national measures required for the application of Articles 26(3) and 31 of Council Regulation (EC) No 111/2005 (2) of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors, the Portuguese Republic has failed to fulfil its obligations under Regulations (EC) No 273/2004 and (EC) No 111/2005;










—


an order that the Portuguese Republic should pay the costs.





Pleas in law and main arguments

Regulation No 273/2004 entered into force on 18 August 2005 and Regulation No 111/2005 entered into force on 15 February 2005, being applicable from 18 August 2005.
Not having received any communication at all of any measures taken by the Portuguese Republic to give effect to the abovementioned provisions of those two regulations, and not being in possession of any other information that might allow it to conclude that the necessary measures have been adopted, the Commission supposes that the Portuguese Republic has not yet adopted those measures and so has not fulfilled its obligations under those regulations.


(1)  OJ 2004 L 47, p. 1


(2)  OJ 2005 L 22, p. 1
Non-opposition to a notified concentration (Case COMP/M.5532 — Carphone Warehouse/Tiscali UK) Text with EEA relevance
Date: 2009-07-22
Institutions: European Commission
Subjects: Internet, Italy, United Kingdom, economic concentration, exchange of information, merger control, telecommunications industry, telephone, television








C_2009170EN.01001202.xml










22.7.2009   


EN


Official Journal of the European Union


C 170/12





Non-opposition to a notified concentration
(Case COMP/M.5532 — Carphone Warehouse/Tiscali UK)
(Text with EEA relevance)
2009/C 170/04
On 29 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 32009M5532. EUR-Lex is the on-line access to the European law.
Case C-279/09: Reference for a preliminary ruling from the Kammergericht Berlin (Germany), lodged on 22 July 2009 — DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH v Bundesrepublik Deutschland
Date: 2009-07-22
Institutions: Court of Justice
Subjects: advance payment, indemnification, interpretation of the law, legal action, legal aid, legal expenses








C_2009267EN.01003101.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/31





Reference for a preliminary ruling from the Kammergericht Berlin (Germany), lodged on 22 July 2009 — DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH v Bundesrepublik Deutschland
(Case C-279/09)
2009/C 267/54
Language of the case: German

Referring court

Kammergericht Berlin

Parties to the main proceedings


Appellant: DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH

Respondent: Bundesrepublik Deutschland

Question referred

The following question is referred, pursuant to Article 234 EC, to the Court of Justice of the European Communities for a preliminary ruling:
In view of the fact that Member States may not, through the structuring of conditions under national law governing the award of damages and of the procedure for pursuing a claim seeking to establish State liability under Community law, make the award of compensation in accordance with the principles of State liability under Community law virtually impossible or excessively difficult, must there be reservations with regard to a national rule under which the pursuit of a claim before the courts is subject to the making of an advance payment in respect of costs, and a legal person, which is unable to make that advance payment, does not qualify for legal aid?
Political and Security Committee Decision Atalanta/6/2009 of 22 July 2009 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast (Atalanta)
Date: 2009-07-22
Institutions: Political and Security Committee
Subjects: Somalia, deterrent, exchange of information, littoral, maritime transport, military intervention, piracy, terrorism, theft








L_2009192EN.01006801.xml










24.7.2009   


EN


Official Journal of the European Union


L 192/68








            POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/6/2009
of 22 July 2009
         
on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast (Atalanta)
(2009/559/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,


Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast (1) (Atalanta), and in particular Article 6(1) thereof,

Whereas:







(1)


Pursuant to Article 6(1) of Joint Action 2008/851/CFSP the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.












(2)


On 17 March 2009, the PSC adopted Decision Atalanta/1/2009 (2) appointing Captain (Navy) Juan GARAT CARAMÉ as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast.












(3)


The EU Operation Commander has recommended the appointment of Commodore Peter BINDT as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast.












(4)


The EU Military Committee has supported that recommendation.












(5)


In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications,





HAS DECIDED AS FOLLOWS:



Article 1
Commodore Peter BINDT is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast.


Article 2
This Decision shall take effect on 13 August 2009.




Done at Brussels, 22 July 2009.


For the Political and Security Committee


The Chairman

O. SKOOG
            





(1)  
            OJ L 301, 12.11.2008, p. 33.

(2)  
            OJ L 76, 24.3.2009, p. 45.
Commission Regulation (EC) No 667/2009 of 22 July 2009 entering a name in the register of protected designations of origin and protected geographical indications (Nocciola Romana (PDO))
Date: 2009-07-22
Institutions: European Commission
Subjects: Italy, location of production, nut, originating product, product designation








L_2009194EN.01000501.xml










25.7.2009   


EN


Official Journal of the European Union


L 194/5








            COMMISSION REGULATION (EC) No 667/2009
of 22 July 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Nocciola Romana (PDO))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


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

Whereas:







(1)


In accordance with Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Nocciola Romana’ has been published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation shall be entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 308, 3.12.2008, p. 19.




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

Group 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Nocciola Romana (PDO)
Prior notification of a concentration (Case COMP/M.5590 — 3i Group/H.I.G. Capital/Volnay B.V.) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-07-22
Institutions: European Commission
Subjects: Netherlands, advertising, economic concentration, exchange of information, investment company, merger control, press undertaking, private investment, venture capital








C_2009170EN.01001501.xml










22.7.2009   


EN


Official Journal of the European Union


C 170/15





Prior notification of a concentration
(Case COMP/M.5590 — 3i Group/H.I.G. Capital/Volnay B.V.)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 170/07






1.


On 13 July 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking 3i Group plc (‘3i Group’, United Kingdom) and the undertakings H.I.G Europe Capital Partners, L.P. and Bayside Debt & LBO Fund II, L.P. belonging to the H.I.G. Capital group of funds (‘H.I.G. Capital’, United States of America) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Volnay B.V. (Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for 3i Group: private equity and venture capital firm,










—


for H.I.G. Capital: private equity investment firm,










—


for Volnay B.V.: magazine publishing and provision of advertising space in the Netherlands.














3.


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










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 2 2964301 or 2967244) or by post, under reference number COMP/M.5590 — 3i Group/H.I.G. Capital/Volnay B.V., to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Commission Regulation (EC) No 634/2009 of 22 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-22
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009191EN.01000101.xml










23.7.2009   


EN


Official Journal of the European Union


L 191/1








            COMMISSION REGULATION (EC) No 634/2009
of 22 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 23 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 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 


19,3 




ZZ 


19,3 




0707 00 05 


TR 


98,3 




ZZ 


98,3 




0709 90 70 


TR 


97,9 




ZZ 


97,9 




0805 50 10 


AR 


60,0 




ZA 


57,8 




ZZ 


58,9 




0806 10 10 


EG 


150,6 




MA 


167,5 




TR 


109,9 




US 


141,6 




ZZ 


142,4 




0808 10 80 


AR 


90,5 




BR 


72,1 




CL 


90,0 




CN 


97,8 




NZ 


93,7 




US 


91,3 




ZA 


86,0 




ZZ 


88,8 




0808 20 50 


AR 


81,7 




CL 


81,8 




NZ 


138,3 




ZA 


98,6 




ZZ 


100,1 




0809 10 00 


TR 


163,1 




ZZ 


163,1 




0809 20 95 


TR 


285,7 




US 


236,3 




ZZ 


261,0 




0809 30 


TR 


153,8 




ZZ 


153,8 




0809 40 05 


IL 


167,2 




ZZ 


167,2 






(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’.
Non-opposition to a notified concentration (Case COMP/M.5522 — Mitsubishi Corporation/Acciona Energia Internacional/Amper) Text with EEA relevance
Date: 2009-07-22
Institutions: European Commission
Subjects: building industry, chemical product, economic concentration, electricity supply, energy policy, exchange of information, merger control, metalworking, property market, renewable energy








C_2009170EN.01001201.xml










22.7.2009   


EN


Official Journal of the European Union


C 170/12





Non-opposition to a notified concentration
(Case COMP/M.5522 — Mitsubishi Corporation/Acciona Energia Internacional/Amper)
(Text with EEA relevance)
2009/C 170/03
On 16 July 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 32009M5522. EUR-Lex is the on-line access to the European law.
Case C-281/09: Action brought on 22 July 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-07-22
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, advertising, broadcasting, regulation of telecommunications, television








C_2009256EN.01000703.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/7





Action brought on 22 July 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-281/09)
2009/C 256/14
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: L. Lozano Palacios and C. Vrignon, Agents)

Defendant: Kingdom of Spain

Form of order sought







—


Declare that, by allowing flagrant, repeated and serious infringements of the rules laid down in Article 18(2) of Council Directive of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (89/552/EEC (1)), the Kingdom of Spain has failed to fulfil its obligations under Article 3(2) of that directive, read in conjunction with Article 10 of the EC Treaty;










—


Order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Commission submits that the restrictive interpretation which the Kingdom of Spain gives to the concept of advertising spots — which results in certain advertising practices (in particular, infomercials, telepromotion spots, sponsorship spots and micro-advertising spots) not being regarded as advertising spots, and therefore not being subject to the hourly limits imposed by Directive 89/552/EEC — infringes that directive.


(1)  OJ 1989 L 298, p. 23.
Euro exchange rates
Date: 2009-07-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2009170EN.01001301.xml










22.7.2009   


EN


Official Journal of the European Union


C 170/13





Euro exchange rates (1)

21 July 2009
2009/C 170/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4223




JPY


Japanese yen


134,10




DKK


Danish krone


7,4464




GBP


Pound sterling


0,86530




SEK


Swedish krona


10,8925




CHF


Swiss franc


1,5186




ISK


Iceland króna


 




NOK


Norwegian krone


8,9515




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,815




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


271,30




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7005




PLN


Polish zloty


4,2525




RON


Romanian leu


4,2368




TRY


Turkish lira


2,1360




AUD


Australian dollar


1,7438




CAD


Canadian dollar


1,5689




HKD


Hong Kong dollar


11,0229




NZD


New Zealand dollar


2,1647




SGD


Singapore dollar


2,0491




KRW


South Korean won


1 774,19




ZAR


South African rand


11,1587




CNY


Chinese yuan renminbi


9,7153




HRK


Croatian kuna


7,3340




IDR


Indonesian rupiah


14 301,78




MYR


Malaysian ringgit


5,0378




PHP


Philippine peso


68,161




RUB


Russian rouble


44,1100




THB


Thai baht


48,351




BRL


Brazilian real


2,7010




MXN


Mexican peso


18,8597




INR


Indian rupee


68,8960






(1)  Source: reference exchange rate published by the ECB.