do-me/EUR-LEX huggingface dataset:
Case C-290/09: Reference for a preliminary ruling from the Tribunale Amministrativo per la Sardegna (Italy), lodged on 27 July 2009 — Telecom Italia SpA v Regione autonoma della Sardegna
Date: 2009-07-27
Institutions: Court of Justice
Subjects: Italy, award of contract, cultural heritage, documentation, interpretation of the law, provision of services, public contract








C_2009233EN.01001001.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/10





Reference for a preliminary ruling from the Tribunale Amministrativo per la Sardegna (Italy), lodged on 27 July 2009 — Telecom Italia SpA v Regione autonoma della Sardegna
(Case C-290/09)
2009/C 233/16
Language of the case: Italian

Referring court

Tribunale Amministrativo per la Sardegna

Parties to the main proceedings


Claimant: Telecom Italia SpA

Defendant: Regione autonoma della Sardegna

Questions referred







1.


Must the provisions of Directive 2004/18/EC (1) on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts that are referred to in section 10 [of the order for reference] be interpreted as precluding a temporary grouping of undertakings, the members of which include a State agency of the kind described in section 12 [of the order for reference], from taking part in a tendering procedure for the award of a contract for a service such as the documentation, dissemination and implementation of the ‘Homogeneous System of Visual Identity of the Cultural Sites and Institutions: Cultural Heritage of Sardinia’, the subject of the tendering procedure advertised by the Sardinia Region?










2.


Are the provisions of Italian law contained in Article 3(22) and (19) of the Public Contracts Code, enacted by Legislative Decree No 163/2006 (which provide, respectively, that ‘the term “economic operator” shall include a contractor, supplier, service provider or a group or consortium of these’ and ‘the terms “contractor”, “supplier” and “service provider” shall mean any natural or legal person, or body without legal personality, including a European Economic Interest Group (EEIG) formed pursuant to Legislative Decree No 240 of 23 July 1991, which “offers on the market”, respectively, the execution of works or a work, the supply of products or the provision of services’), and in Article 34 of that Public Contracts Code (which lists the entities allowed to participate in public procurement procedures) contrary to Directive 2004/18/EC if interpreted as restricting participation in tendering procedures to professional providers of such services and as excluding public entities the primary objects of which are not-for-profit, such as research?






(1)  OJ 2004 L 134, p. 114.
Case T-48/08: Order of the Court of First Instance of 27 July 2009 — Fusco v OHIM — Fusco International (FUSCOLLECTION)
Date: 2009-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, textile industry, trade-mark law








C_2009233EN.01002105.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/21





Order of the Court of First Instance of 27 July 2009 — Fusco v OHIM — Fusco International (FUSCOLLECTION)
(Case T-48/08) (1)

2009/C 233/42

Language of the case: Italian

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


(1)  OJ C 92, 12.4.2008.
Commission Regulation (EC) No 673/2009 of 27 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-27
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009196EN.01000101.xml










28.7.2009   


EN


Official Journal of the European Union


L 196/1








            COMMISSION REGULATION (EC) No 673/2009
of 27 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 28 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 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 


24,7 




XS 


31,8 




ZZ 


28,3 




0707 00 05 


TR 


98,3 




ZZ 


98,3 




0709 90 70 


TR 


98,5 




ZZ 


98,5 




0805 50 10 


AR 


54,1 




UY 


48,0 




ZA 


63,0 




ZZ 


55,0 




0806 10 10 


EG 


151,1 




MA 


165,8 




TR 


109,5 




US 


141,6 




ZA 


126,9 




ZZ 


139,0 




0808 10 80 


AR 


83,0 




BR 


68,8 




CL 


82,9 




CN 


81,7 




NZ 


88,6 




US 


91,3 




ZA 


89,3 




ZZ 


83,7 




0808 20 50 


AR 


83,4 




CL 


81,2 




ZA 


117,7 




ZZ 


94,1 




0809 10 00 


TR 


160,0 




ZZ 


160,0 




0809 20 95 


CA 


324,1 




TR 


269,5 




US 


365,2 




ZZ 


319,6 




0809 30 


TR 


158,1 




ZZ 


158,1 






(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’.
Council Decision of 27 July 2009 appointing one member to the Management Board of the European Chemicals Agency
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: European Chemicals Agency, appointment of members, board of directors








C_2009178EN.01001301.xml










31.7.2009   


EN


Official Journal of the European Union


C 178/13






COUNCIL DECISION

of 27 July 2009
appointing one member to the Management Board of the European Chemicals Agency
2009/C 178/10
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
Whereas:






(1)


Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members to the Management Board of the European Chemicals Agency one representative from each Member State.










(2)


By Decision of 7 June 2007 (2) the Council appointed 27 members to the Management Board of the European Chemicals Agency.










(3)


The Netherlands government has informed the Council of its intention to replace the Dutch representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2013,




HAS DECIDED AS FOLLOWS:
Article 1
Mr Johannes Karel Barend Henri KWISTHOUT of Dutch nationality, born on 6 June 1964, shall be appointed to the Management Board of the European Chemicals Agency in place of Dr Arnoldus Wilhelmus VAN DER WIELEN for the period from 1 August 2009 to 31 May 2013.
Article 2
This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT





(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ C 134, 16.6.2007, p. 6.
Commission Regulation (EC) No 675/2009 of 27 July 2009 opening the invitation to tender for the reduction in the duty on sorghum imported into Spain from third countries
Date: 2009-07-27
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, cereals, import licence, originating product, sorghum, tariff reduction, third country




L_2009196EN.01000501.xml










28.7.2009   


EN


Official Journal of the European Union


L 196/5








            COMMISSION REGULATION (EC) No 675/2009
of 27 July 2009
         
opening the invitation to tender for the reduction in the duty on sorghum imported into Spain from third countries


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 144, in conjunction with Article 4 thereof,

Whereas:







(1)


In accordance with the Community's international obligations within the framework of the Uruguay Round multilateral negotiations (2), the Community undertook to import a certain quantity of sorghum into Spain.












(2)


Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) laid down the specific detailed rules necessary for implementing the invitations to tender.












(3)


In view of the market conditions in Spain, an invitation to tender for the reduction in the import duty on sorghum should be opened to ensure the import quota is completely used.












(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

1.   A tendering procedure is opened for the reduction in the duty referred to in Article 136 of Regulation (EC) 1234/2007 on sorghum to be imported into Spain.


2.   The provisions of Regulation (EC) No 1296/2008 shall apply.



Article 2
The invitation shall remain open until 17 December 2009. During that period partial invitations to tender shall be issued and the dates for submission of tenders shall be laid down in the notice of invitation to tender.


Article 3
Import licences issued in the context of this invitation to tender shall be valid for 50 days from the date of issue within the meaning of Article 11(4) of Regulation (EC) No 1296/2008.


Article 4
This Regulation shall enter into force on the day of 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, 27 July 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 336, 23.12.1994, p. 22.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Commission Regulation (EC) No 677/2009 of 27 July 2009 opening an invitation to tender for the reduction in the duty on maize imported into Portugal from third countries
Date: 2009-07-27
Institutions: European Commission
Subjects: CCT duties, Portugal, award of contract, import licence, maize, originating product, tariff reduction, third country




L_2009196EN.01000701.xml










28.7.2009   


EN


Official Journal of the European Union


L 196/7








            COMMISSION REGULATION (EC) No 677/2009
of 27 July 2009
         
opening an invitation to tender for the reduction in the duty on maize imported into Portugal from third countries


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 144 in conjunction with Article 4 thereof,

Whereas:







(1)


In accordance with the Community’s international obligations within the framework of the Uruguay Round multilateral negotiations (2), the Community undertook to import a certain quantity of maize into Portugal.












(2)


Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) laid down the specific detailed rules necessary for implementing the invitations to tender.












(3)


In view of the market conditions in Portugal, an invitation to tender for the reduction in the import duty on maize should be opened to ensure the import quota is completely used.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1

1.   A tendering procedure is opened for the reduction in the duty referred to in Article 136 of Regulation (EC) 1234/2007 on maize to be imported into Portugal.


2.   The provisions of Regulation (EC) No 1296/2008 shall apply.



Article 2
The invitation shall remain open until 17 December 2009. During that period partial invitations to tender shall be issued and the dates for submission of tenders shall be laid down in the notice of invitation to tender.


Article 3
Import licences issued in the context of this invitation to tender shall be valid for 50 days from the date of issue within the meaning of Article 11(4) of Regulation (EC) No 1296/2008.


Article 4
This Regulation shall enter into force on the day of 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, 27 July 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 336, 23.12.1994, p. 22.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Council Joint Action 2009/571/CFSP of 27 July 2009 extending the mandate of the European Union Special Representative for the crisis in Georgia
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: Georgia, appointment of staff, common foreign and security policy, diplomatic representation, political crisis, power of attorney, the EU's international role




L_2009197EN.01010901.xml










29.7.2009   


EN


Official Journal of the European Union


L 197/109








            COUNCIL JOINT ACTION 2009/571/CFSP
of 27 July 2009
         
extending the mandate of the European Union Special Representative for the crisis in Georgia


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 14, 18(5) and 23(2) thereof,

Whereas:







(1)


On 25 September 2008, the Council adopted Joint Action 2008/760/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (EUSR) for the crisis in Georgia until 28 February 2009.












(2)


On 16 February 2009, the Council adopted Joint Action 2009/131/CFSP (2) extending the mandate of the EUSR until 31 August 2009.












(3)


On the basis of a review of Joint Action 2009/131/CFSP, the mandate of the EUSR should be extended for an additional six-month period.












(4)


The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the common foreign and security policy set out in Article 11 of the Treaty,





HAS ADOPTED THIS JOINT ACTION:



Article 1
Joint Action 2009/131/CFSP is hereby amended as follows:






1.


Article 1 shall be replaced by the following:

‘Article 1
European Union Special Representative
The mandate of Mr Pierre MOREL as the European Union Special Representative (EUSR) for the crisis in Georgia is hereby extended until 28 February 2010.’;











2.


Article 5(1) shall be replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2009 to 28 February 2010 shall be EUR 445 000.’;











3.


Article 13 shall be replaced by the following:

‘Article 13
Review
The implementation of this Joint Action and its consistency with other contributions from the EU shall be kept under regular review. The EUSR shall present to the SG/HR, the Council and the Commission a comprehensive mandate implementation report before the end of November 2009. That report shall form a basis for evaluation of this Joint Action in the relevant working groups and by the PSC. In the context of overall priorities for deployment, the SG/HR shall make recommendations to the PSC concerning the Council’s decision on the renewal, amendment or termination of the mandate.’.







Article 2
This Joint Action shall enter into force on the day of its adoption.


Article 3
This Joint Action shall be published in the Official Journal of the European Union.




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 259, 27.9.2008, p. 16.

(2)  
            OJ L 46, 17.2.2009, p. 47.
Case C-293/09: Reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy) lodged on 27 July 2009 — Paolo Lunardi v Agenzia delle Entrate Ufficio di Parma
Date: 2009-07-27
Institutions: Court of Justice
Subjects: Italy, VAT, infringement of EU law, interpretation of the law, tax exemption, tax relief, tax system








C_2009233EN.01001101.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/11





Reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy) lodged on 27 July 2009 — Paolo Lunardi v Agenzia delle Entrate Ufficio di Parma
(Case C-293/09)
2009/C 233/18
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Parma

Parties to the main proceedings


Applicant: Paolo Lunardi

Defendant: Agenzia delle Entrate Ufficio di Parma

Question referred

Is Article 19(5) of Presidential Decree No 633/72 at variance with Community law and with the principle of the neutrality of VAT, and in particular has Sixth Directive 77/388/EEC of 17 May 1977 been incorrectly transposed in so far as the practical consequence of national law is that, as a result of the method prescribed for calculating the deductible proportion, a taxable person whose transactions are exempt under statute has no right to deduct VAT paid on purchases of equipment?
Recommendation from the Commission to the Council to authorise modifications to the negotiating directives for a Trade and Cooperation Agreement with the Republic of Iraq
Date: 2009-07-27
Institutions: European Commission
Subjects: Euro-Arab cooperation, Iraq, drafting of EU law, international agreement, international negotiations, international trade, trade agreement

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.7.2009 
SEC(2009) 1062 final 

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

to authorise modifications to the negotiating directives for a Trade and Cooperation 
Agreement with the Republic of Iraq  

EN 

1 

   EN 

 
 
  
1. 

EXPLANATORY MEMORANDUM 

On  23  March  2006  the  Council  authorised  the  Commission  to  negotiate  a  Trade  and 
Cooperation  Agreement  with  Iraq  and  issued  negotiating  directives  in  this  regard  
(doc. 6511/06 COMEM 23 WTO 38 RESTREINT UE).  

At the seventh round of EU-Iraq negotiations, held from 25 to 26 February 2009 in Baghdad, 
both  Iraq  and  the  Commission  agreed  to  enhance  the  status  of  the  draft  Agreement, 
specifically  through  the  creation  of  a  Cooperation  Council,  meeting  regularly  at  Ministerial 
level, and by changing the title of the Agreement from Trade and Cooperation Agreement to 
“Partnership and Cooperation Agreement”.  

This  approach  was  endorsed  by  the  Council  (working  group  MOG)  both  prior  to  and 
following  the  seventh  negotiation  round.  The  Commission  therefore  recommends  reflecting 
these changes in the negotiating directives and invites the Council to authorise the proposed 
modifications. 

EN 

2 

   EN 

 
2. 

RECOMMENDATION 

In  the  light  of  the  above,  the  Commission  recommends  that  the  Council  authorises  the 
following modifications to the negotiating directives: 

(1) 

Change of the title of the Agreement 

•  The  title  of  the  Agreement  will  be  changed  from  “Trade  and  Cooperation 
Agreement”  to  “Partnership  and  Cooperation  Agreement”  in  the  negotiating 
directives whenever it appears. 

(2) 

Establishment of the Cooperation Council 

•  A  new  point  will  be  added  in  section  D  (Institutional,  general  and  final 

provisions), Title III: 

“A  Cooperation  Council  will  be  established  to  supervise  the  implementation  of  this 
Agreement. The Cooperation Council will meet at ministerial level. It will examine any major 
issues arising within the framework of this Agreement.” 

•  The current point D.1 shall be amended in order to reflect the establishment of the 

Cooperation Council: 

Paragraph 1 - new text  

“A Cooperation Committee will be established with a view to assist the Cooperation Council 
in its duties.” 

Paragraph 2 - remains unchanged. 

EN 

3 

   EN
2009/577/EC: Council Decision of 27 July 2009 appointing one Spanish member of the Committee of the Regions
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2009198EN.01005601.xml










30.7.2009   


EN


Official Journal of the European Union


L 198/56








            COUNCIL DECISION
         
of 27 July 2009
         
appointing one Spanish member of the Committee of the Regions
(2009/577/EC)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


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












(2)


A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Manuel CHAVES GONZÁLES,





HAS DECIDED AS FOLLOWS:



Article 1
The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
Mr José Antonio GRIŇÁN MARTÍNEZ, Presidente de la Junta de Andalucía.


Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 56, 25.2.2006, p. 75.