do-me/EUR-LEX huggingface dataset:
Case C-286/09: Reference for a preliminary ruling from the Corte d’appello di Roma (Italy) lodged on 24 July 2009 — Luigi Ricci v Istituto nazionale della previdenza sociale (INPS)
Date: 2009-07-24
Institutions: Court of Justice
Subjects: European official, Italy, interpretation of the law, social security, social-security benefit, social-security contribution








C_2009233EN.01000901.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/9





Reference for a preliminary ruling from the Corte d’appello di Roma (Italy) lodged on 24 July 2009 — Luigi Ricci v Istituto nazionale della previdenza sociale (INPS)
(Case C-286/09)
2009/C 233/14
Language of the case: Italian

Referring court

Corte d’appello di Roma

Parties to the main proceedings


Applicant: Luigi Ricci

Defendant: Istituto nazionale della previdenza sociale (INPS)

Question referred

The Court of Justice is asked to give a preliminary ruling under Article 234 EC as to whether Articles 17, 39 and 42 EC, and the relevant provisions of Regulation No 1408/71, must be interpreted as meaning that the principle that all insurance periods must be aggregated for the purposes of entitlement to the right to benefits, and of the acquisition and maintenance of that right — a principle implemented through the adoption, by the Council, of Regulation No 1408/71 — applies in all cases where the aggregation and pro rata mechanism must be used for the purposes of recognising the right to a given benefit, with the result that account must be taken to that end both of the insurance periods completed under the legislation of each Member State, and of those completed under the social insurance scheme applicable to employees of the Community institutions.
Case C-288/09: Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 24 July 2009 — British Sky Broadcasting Group plc v The Commissioners for Her Majesty's Revenue & Customs
Date: 2009-07-24
Institutions: Court of Justice
Subjects: Combined Nomenclature, customs regulations, interpretation of the law, telecommunications equipment








C_2009256EN.01000901.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/9





Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 24 July 2009 — British Sky Broadcasting Group plc v The Commissioners for Her Majesty's Revenue & Customs
(Case C-288/09)
2009/C 256/16
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicant: British Sky Broadcasting Group plc

Defendant: The Commissioners for Her Majesty's Revenue & Customs

Questions referred







1.


Is a set-top box with the specifications of the Sky+ set-top box model DRX 280 to be classified under subheading 8528 71 13, as set out in Commission Regulation 1214/2007 (1) amending Annex I to Council Regulation 2658/87, despite the Explanatory Notes to the CN adopted by the Commission on 7 May 2008 (2008/C 112/03) concerning subheading 8521 90 00 and subheading 8528 71 13?










2.


Does Article 12(5)(a) of Council Regulation (EEC) No 2913 (2) of 12 October 1992 establishing the Community Customs Code, as amended, oblige a national customs authority to issue binding tariff informations that accord with the explanatory notes to the CN, unless and until those explanatory notes have been declared to be in conflict with the wording of the relevant provisions of the CN, including the General Rules for the Interpretation of the CN, or may the national customs authorities form their own individual view of the matter and disregard the explanatory note in the event they consider there to be such a conflict?










3.


In the event that a set-top box with the specifications of the Sky+ set-top box model DRX 280 were to be classified under CN subheading 8521 90 00, would the application of a positive rate of customs duty be unlawful as a matter of Community law, as a consequence of violating the Community's obligations under the Information Technology Agreement (‘ITA’) and Article II: l(b) of the General Agreement on Tariffs and Trade 1994 or does classification under heading 8521 entail a conclusion that the product in question falls outside the scope of the relevant part of the ITA?






(1)  Commission Regulation (EC) No 1214/2007 of 20 September 2007 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
OJ L 286, p. 1

(2)  OJ L 302, p. 1
Case C-285/09: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 24 July 2009 — Criminal proceedings against R
Date: 2009-07-24
Institutions: Court of Justice
Subjects: VAT, delivery, goods and services, interpretation of the law, tax evasion, tax exemption








C_2009267EN.01003102.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/31





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 24 July 2009 — Criminal proceedings against R
(Case C-285/09)
2009/C 267/55
Language of the case: German

Referring court

Bundesgerichtshof

Party to the main proceedings

R

Question referred







1.


Must Article 28cA(a) of the Sixth Council Directive 77/388/EEC (1) be interpreted as meaning that a supply of goods within the meaning of that provision is to be refused exemption from value added tax if the supply has actually been effected, but it is established on the basis of objective factors that the vendor, a taxable person,






(a)


knew that, by his supply, he was participating in a transaction aimed at evading VAT, or










(b)


took actions aimed at concealing the true identity of the person to whom the goods were supplied in order to enable the latter person or a third person to evade VAT?










(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment; OJ 1977 L 145, p. 1.
Case C-287/09: Reference for a preliminary ruling from the Corte d’appello di Roma (Italy) lodged on 24 July 2009 — Aduo Pisaneschi v Istituto nazionale della previdenza sociale (INPS)
Date: 2009-07-24
Institutions: Court of Justice
Subjects: European official, Italy, interpretation of the law, social security, social-security benefit, social-security contribution








C_2009233EN.01000902.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/9





Reference for a preliminary ruling from the Corte d’appello di Roma (Italy) lodged on 24 July 2009 — Aduo Pisaneschi v Istituto nazionale della previdenza sociale (INPS)
(Case C-287/09)
2009/C 233/15
Language of the case: Italian

Referring court

Corte d’appello di Roma

Parties to the main proceedings


Applicant: Aduo Pisaneschi

Defendant: Istituto nazionale della previdenza sociale (INPS)

Questions referred

The Court of Justice is asked to give a preliminary ruling under Article 234 EC as to whether Articles 17, 39 and 42 EC, and the relevant provisions of Regulation No 1408/71, must be interpreted as meaning that the principle that all insurance periods must be aggregated for the purposes of entitlement to the right to benefits, and of the acquisition and maintenance of that right — a principle implemented through the adoption, by the Council, of Regulation No 1408/71 — applies in all cases where the aggregation and pro rata mechanism must be used for the purposes of recognising the right to a given benefit, with the result that account must be taken to that end both of the insurance periods completed under the legislation of each Member State, and of those completed under the social insurance scheme applicable to employees of the Community institutions.
Opening-up to the public of documents and/or files covered by the obligation of professional or corporate secrecy kept in the EIB’s historical archives — Search for correspondents
Date: 2009-07-24
Institutions: European Investment Bank
Subjects: European Investment Bank, access to EU information, archives








C_2009172EN.01000701.xml










24.7.2009   


EN


Official Journal of the European Union


C 172/7





Opening-up to the public of documents and/or files covered by the obligation of professional or corporate secrecy kept in the EIB’s historical archives — Search for correspondents
2009/C 172/04
The Bank wishes to bring to the attention of the organisations mentioned below or their successors in name its intention to make available to the public, in accordance with its ‘Rules on historical archives’ published in OJ C 289/12 of 22 November 2005, documents concerning them which were originally covered by the obligation of professional or commercial secrecy. These organisations are invited to contact the EIB at the address below within eight weeks from the date of publication of this notice. After that deadline, the Bank will use its discretion to decide whether or not to authorise the disclosure of the documents concerned in application of Article 2 of the aforementioned rules.
Address of the EIB:





EIB




100, boulevard Konrad Adenauer




2950 Luxembourg




LUXEMBOURG




For the attention of Ms Patricia Tibbels; Director of the Buildings, Logistics and Documentation Department; email: p.tibbels@eib.org








Sector


Correspondent


Name of project


Country (1)





Chemical industry


Burgo-ardennes


Ardennes Cellulose


BELGIQUE/BELGIË




Chemical industry


Finance Ministry — Kingdom of Belgium


Ardennes Cellulose


BELGIQUE/BELGIË




Chemical industry


Ministry of the Economy and Finance — Italian Republic


Compania industria Rumianca


ITALIA




Chemical industry


Ministry of the Economy and Finance — Italian Republic


Sardamag II


ITALIA




Chemical industry


Ministry of the Economy and Finance — Italian Republic


Sardamag Plamas Cave


ITALIA




Power generation


Electricité de France (EDF)


Brittany Rural Electrification


FRANCE




Power generation


Ministry of the Economy, Finance and Industry — French Republic


Brittany Rural Electrification


FRANCE






(1)  Country in which the project was financed.
Case T-289/09: Action brought on 24 July 2009 — Omnicare v OHIM — Astellas Pharma (formerly Yamanouchi Pharma) (OMNICARE CLINICAL RESEARCH)
Date: 2009-07-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medical research, pharmaceutical product, trade-mark law








C_2009244EN.01000701.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/7





Action brought on 24 July 2009 — Omnicare v OHIM — Astellas Pharma (formerly Yamanouchi Pharma) (OMNICARE CLINICAL RESEARCH)
(Case T-289/09)
2009/C 244/11
Language in which the application was lodged: English

Parties


Applicants: Omnicare, Inc. (Covington, United States) (represented by: M. Edenborough, Barrister)

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

Other party to the proceedings before the Board of Appeal: Astellas Pharma GmbH (formerly Yamanouchi Pharma GmbH) (Heidelberg, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 May 2009 in case R 401/2008-4; and










—


Award the applicant the costs incurred in connection with this appeal before the Court of First Instance.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘OMNICARE CLINICAL RESEARCH’, for services in class 42

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration of the mark ‘OMNICARE’ for services in classes 35, 41 and 42

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the Community trade mark applied for

Pleas in law: Infringement of Article 8(1)(b) Council Regulation 207/2009 as the Board of Appeal wrongly held that: (a) the trade marks concerned were similar; (b) that there was genuine use of the trade mark cited in the opposition proceedings; (c) that the services for which genuine use had been shown were similar; and (d) that, as a consequence, there existed a likelihood of confusion between the trade marks concerned.
Case T-290/09: Action brought on 24 July 2009 — Omnicare v OHIM — Astellas Pharma (formerly Yamanouchi Pharma) (OMNICARE)
Date: 2009-07-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medical research, pharmaceutical product, trade-mark law








C_2009244EN.01000702.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/7





Action brought on 24 July 2009 — Omnicare v OHIM — Astellas Pharma (formerly Yamanouchi Pharma) (OMNICARE)
(Case T-290/09)
2009/C 244/12
Language in which the application was lodged: English

Parties


Applicants: Omnicare, Inc. (Covington, United States) (represented by: M. Edenborough, Barrister)

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

Other party to the proceedings before the Board of Appeal: Astellas Pharma GmbH (formerly Yamanouchi Pharma GmbH) (Heidelberg, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 May 2009 in case R 402/2008-4; and










—


Award the applicant the costs incurred in connection with this appeal before the Court of First Instance.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘OMNICARE’, for services in class 42

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration of the mark ‘OMNICARE’ for services in classes 35, 41 and 42

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the Community trade mark applied for

Pleas in law: Infringement of Article 8(1)(b) Council Regulation 207/2009 as the Board of Appeal wrongly held that: (a) the trade marks concerned were similar; (b) that there was genuine use of the trade mark cited in the opposition proceedings; (c) that the services for which genuine use had been shown were similar; and (d) that, as a consequence, there existed a likelihood of confusion between the trade marks concerned.
Case F-68/09: Action brought on 24 July 2009 — Barbin v Parliament
Date: 2009-07-24
Institutions: Civil Service Tribunal
Subjects: European Parliament, action for annulment (EU), competition (EU), promotion, recognition of vocational training qualifications








C_2009220EN.01004303.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/43





Action brought on 24 July 2009 — Barbin v Parliament
(Case F-68/09)
2009/C 220/91
Language of the case: French

Parties


Applicant: Florence Barbin (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the appointing authority’s decision of 10 November 2008 not to promote the applicant to grade AD 12 for the 2006 promotion exercise.

Form of order sought







—


annul the European Parliament’s decision not to promote the applicant to grade AD 12 for the 2006 promotion exercise;










—


order the European Parliament to pay the costs.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections
Date: 2009-07-24
Institutions: European Commission
Subjects: Austria, Italy, State aid, aid system, control of State aid, exchange of information, marketing, product quality, share capital








C_2009172EN.01000401.xml










24.7.2009   


EN


Official Journal of the European Union


C 172/4





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
2009/C 172/02






Date of adoption of the decision


25.2.2009




Reference number of State Aid


N 589/08




Member State


Austria




Region


—




Title (and/or name of the beneficiary)


Quality programmes and quality labels AMA Biosiegel and AMA Gütesiegel




Legal basis


Bundesgesetz über die Errichtung der Marktordnungsstelle Agrarmarkt Austria 1992




Type of measure


Aid scheme




Objective


Marketing quality products




Form of aid


Subsidy




Budget


EUR 9,79 million annually




Intensity


100 %




Duration (period)


Until 31.12.2013




Economic sectors


Annex I




Name and address of the granting authority







Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft




Stubenring 1




1010 Wien




ÖSTERREICH








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm






Date of adoption of the decision


17.6.2009




Reference number of State Aid


N 618/08




Member State


Italy




Region


—




Title (and/or name of the beneficiary)


Regime di aiuti ISA SPA




Legal basis


Progetto di deliberazione del CIPE




Type of measure


Aid scheme




Objective


Investment aid to companies active in the processing and marketing of agricultural products.




Form of aid


Soft loan and temporary participation in share capital.




Budget


Annual budgets: EUR 52 million
Overall budget: EUR 260 million




Intensity


Variable (between 20 % and 50 % depending on the aid measure).




Duration (period)


From the approval by the Commission to 31.12.2013




Economic sectors


Agriculture and agrifood industry




Name and address of the granting authority







Ministero delle politiche agricole alimentari e forestali




Via XX Settembre 20




00187 Roma RM




ITALIA








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm
Vacancy notice for post of Director of European Police College (CEPOL)
Date: 2009-07-24
Institutions: European Commission
Subjects: CEPOL, appointment of staff, personnel administration, recognition of vocational training qualifications, vocational training








C_2009172EN.01001201.xml










24.7.2009   


EN


Official Journal of the European Union


C 172/12






VACANCY NOTICE FOR POST OF DIRECTOR OF EUROPEAN POLICE COLLEGE (CEPOL)
2009/C 172/07

We are looking for a well educated and skilled professional with experience as manager and knowledge of education and training to head CEPOL Secretariat, based in Bramshill, Hampshire, United Kingdom.

The aim of CEPOL is to support police cooperation by organising training and exchange programme for senior police officers from the European Union.
CEPOL is an EU agency, and function as a network by bringing together the national training institutes in the Member States whose tasks include the training of senior police officers. The Secretariat headed by the Director, deals with educational, administrative, financial and logistical support and has around 30 staff, including project staff.
The post holder will be responsible for providing support and advice to the Chair and members of the Governing Board and Committees. The Director will supervise the preparation of the Annual Work Programme, the Annual Budget, the Annual Report and the Annual Activity Report. The Director will negotiate cooperation agreements and represent CEPOL in appropriate EU policing and educational organs.
Since the EU Staff Regulations apply, applicants inter alia must be a national of one of the Member States of the EU and must have through knowledge of one of the languages of the Communities and satisfactory knowledge of a second language of the Communities. English is the working language of CEPOL. The successful applicant will be required to undergo local security clearance. CEPOL is an equal opportunities employer and takes great care to avoid any form of discrimination on any ground.

The closing day of applications is 60 days after this advert has been published in the Official Journal of the European Union. The Vacancy Notice is published in English only.

For further information and the application pack, visit the Vacancy Section of CEPOL’s website www.cepol.europa.eu
Further enquires should be made by e-mail only to swedishpresidency.cepol@phs.police.se, attention: Ms Ebba Sverne Arvill, Chair of the Governing Board.





CEPOL — European Police College




CEPOL House




Bramshill, Hook




Hampshire




RG27 0JW




UNITED KINGDOM
2009/565/EC: Commission Decision of 24 July 2009 fixing the maximum amount of aid granted for the private storage of olive oil under the tendering procedure opened by Regulation (EC) No 542/2009 (notified under document number C(2009) 6059)
Date: 2009-07-24
Institutions: European Commission
Subjects: EU aid, France, Greece, Italy, Portugal, Spain, award of contract, olive oil, private stock, vegetable oil








L_2009196EN.01005901.xml










28.7.2009   


EN


Official Journal of the European Union


L 196/59








            COMMISSION DECISION
         
of 24 July 2009
         
fixing the maximum amount of aid granted for the private storage of olive oil under the tendering procedure opened by Regulation (EC) No 542/2009
(notified under document number C(2009) 6059)
(Only the French, Greek, Italian, Portuguese and Spanish texts are authentic)
(2009/565/EC)


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(d), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EC) No 542/2009 of 23 June 2009 opening the tendering procedure for aid for private storage of olive oil (2) provides for two tendering sub-periods.












(2)


In accordance with Article 13(1) of Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (3), on the basis of tenders notified by the Member States, the Commission either fixes a maximum amount of the aid or does not fix a maximum amount of the aid.












(3)


On the basis of the tenders submitted in response to the second partial invitation to tender, it is appropriate to fix a maximum amount of the aid for private storage of olive oil for the tendering sub-period ending on 16 July 2009.












(4)


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





HAS ADOPTED THIS DECISION:



Article 1
For the tendering sub-period ending on 16 July 2009 within the tendering procedure opened by Regulation (EC) No 542/2009, the maximum amount of aid for olive oil shall be as set out in the Annex to this Decision.


Article 2
This Decision is addressed to the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic and the Portuguese Republic.




Done at Brussels, 24 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 161, 24.6.2009, p. 3.

(3)  
            OJ L 223, 21.8.2008, p. 3.




ANNEX






(EUR/tonne/day)




Product


Maximum amount of aid




Extra virgin olive oil


1,3 




Virgin olive oil


1,3