do-me/EUR-LEX huggingface dataset:
Case C-315/09: Action brought on 7 August 2009 — Commission of the European Communities v Kingdom of Belgium
Date: 2009-08-07
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, animal disease, aquaculture, disease prevention, freshwater fish, health control, health legislation, national implementing measure








C_2009256EN.01001301.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/13





Action brought on 7 August 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-315/09)
2009/C 256/25
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: F. Erlbacher and L. de Schietere de Lophem, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals, (1) as amended by Commission Directive 2008/53/EC of 30 April 2008 amending Annex IV to Council Directive 2006/88/EC as regards Spring viraemia of carp (SVC), (2) or, in any event, by failing to inform the Commission of those provisions, the Kingdom of Belgium has failed to fulfil its obligations under those directives;










—


order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The period for the transposition of Directive 2006/88/EC expired on 1 May 2008 and the period for transposition of Directive 2008/53/EC expired on 1 August 2008. However, at the time the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, in any event, had not informed the Commission thereof.


(1)  OJ 2006 L 328, p. 14.

(2)  OJ 2008 L 117, p. 27.
Explanatory Notes to the Combined Nomenclature of the European Communities
Date: 2009-08-07
Institutions: European Commission
Subjects: agricultural production, animal production, common customs tariff, customs duties, food production, information, tariff nomenclature








C_2009185EN.01000101.xml










7.8.2009   


EN


Official Journal of the European Union


C 185/1





Explanatory Notes to the Combined Nomenclature of the European Communities
2009/C 185/01
Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

Page 346

The following is inserted:

‘8517 12 00   Telephones for cellular networks or other wireless networks

This subheading includes telephones for cellular networks, so called “mobile phones”.
“Mobile phones” have the following characteristics:






—


they are “pocket-sized”, i.e. they are of dimensions that do not exceed 170 mm × 100 mm × 45 mm, when measured in their most compact form,










—


they are capable of operating without an external source of electric power,










—


they have both a microphone, and an earphone and/or a loudspeaker, either in the same unit or in the form of a detachable headset presented together with the “mobile phone”, for the transmission and reception of voice enabling voice communication,










—


they incorporate other components such as an amplifier and an antenna for telephony, which provide for dual-way short-range transmission of voice within a network consisting of base stations of subheading 8517 61 and using mobile telephony frequency bands,










—


they are able to do telephony communication using cellular networks when equipped with a SIM (Subscriber Identity Module) of various types (physical or software) that has been activated. They may provide that emergency calls may be made without the SIM.




“Mobile phones” may also have other features such as sending and receiving SMS (Short Message Service) and MMS (Multimedia Messaging Service) messages; emails; packet switching for access to the Internet; sending and receiving positioning signals; navigating, routing, maps, instant messaging, VOIP (voice over Internet Protocol); PDA (Personal Digital Assistant); gaming; receiving radio or television signals; capturing, recording and reproducing sound and images.
Irrespective of such additional features, the mobile telephony function is generally the principal function of mobile phones that meet all the above listed characteristics. This is the case, for example, when the telephony function takes precedence over all other functions including when incoming calls are normally notified to the user regardless of secondary functions used.’



(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5571 — OAO Lukoil/TRN) Text with EEA relevance
Date: 2009-08-07
Institutions: European Commission
Subjects: economic concentration, energy distribution, energy production, exchange of information, extraction of oil, merger control, oil industry, oil refining








C_2009185EN.01000402.xml










7.8.2009   


EN


Official Journal of the European Union


C 185/4





Non-opposition to a notified concentration
(Case COMP/M.5571 — OAO Lukoil/TRN)
(Text with EEA relevance)
2009/C 185/05
On 3 August 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 32009M5571. EUR-Lex is the on-line access to the European law.
Council Joint Action 2009/605/CFSP of 7 August 2009 amending Joint Action 2009/137/CFSP extending the mandate of the European Union Special Representative in Kosovo
Date: 2009-08-07
Institutions: Council of the European Union
Subjects: Kosovo, common foreign and security policy, diplomatic representation, the EU's international role




L_2009206EN.01002001.xml










8.8.2009   


EN


Official Journal of the European Union


L 206/20








            COUNCIL JOINT ACTION 2009/605/CFSP
of 7 August 2009
         
amending Joint Action 2009/137/CFSP extending the mandate of the European Union Special Representative in Kosovo (1)



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 16 February 2009, the Council adopted Joint Action 2009/137/CFSP (2) extending the mandate of the European Union Special Representative (EUSR) in Kosovo.












(2)


Article 5(1) of Joint Action 2009/137/CFSP provided a financial reference amount of EUR 645 000 to cover expenditure related to the mandate of the EUSR until 28 February 2010. This financial reference amount should be increased by EUR 102 000 in order to cover expenditure related to the reinforced liaison presence in Belgrade.












(3)


Joint Action 2009/137/CFSP should be amended accordingly,





HAS ADOPTED THIS JOINT ACTION:



Article 1
Article 5(1) of Joint Action 2009/137/CFSP 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 747 000.’.



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


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




Done at Brussels, 7 August 2009.


For the Council


The President

C. BILDT
            





(1)  Under United Nations Security Council Resolution 1244 (1999).

(2)  
            OJ L 46, 17.2.2009, p. 69.
Non-opposition to a notified concentration (Case COMP/M.5063 — BLG Italia/ICO/JV) Text with EEA relevance
Date: 2009-08-07
Institutions: European Commission
Subjects: Italy, economic concentration, exchange of information, freight rate, merger control, motor vehicle, property market, software








C_2009185EN.01000401.xml










7.8.2009   


EN


Official Journal of the European Union


C 185/4





Non-opposition to a notified concentration
(Case COMP/M.5063 — BLG Italia/ICO/JV)
(Text with EEA relevance)
2009/C 185/04
On 24 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 32009M5063. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.5480 — Deutsche Bahn/PCC Logistics) Text with EEA relevance
Date: 2009-08-07
Institutions: European Commission
Subjects: Poland, carriage of goods, carriage of passengers, economic concentration, exchange of information, freight rate, logistics, merger control, rail transport








C_2009185EN.01000302.xml










7.8.2009   


EN


Official Journal of the European Union


C 185/3





Non-opposition to a notified concentration
(Case COMP/M.5480 — Deutsche Bahn/PCC Logistics)
(Text with EEA relevance)
2009/C 185/03
On 12 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 32009M5480. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2009-08-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2009185EN.01000501.xml










7.8.2009   


EN


Official Journal of the European Union


C 185/5





Euro exchange rates (1)

6 August 2009
2009/C 185/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4370




JPY


Japanese yen


137,31




DKK


Danish krone


7,4450




GBP


Pound sterling


0,85240




SEK


Swedish krona


10,2707




CHF


Swiss franc


1,5290




ISK


Iceland króna


 




NOK


Norwegian krone


8,6635




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,944




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


269,89




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7025




PLN


Polish zloty


4,1450




RON


Romanian leu


4,2121




TRY


Turkish lira


2,1220




AUD


Australian dollar


1,7067




CAD


Canadian dollar


1,5416




HKD


Hong Kong dollar


11,1369




NZD


New Zealand dollar


2,1435




SGD


Singapore dollar


2,0632




KRW


South Korean won


1 759,06




ZAR


South African rand


11,5850




CNY


Chinese yuan renminbi


9,8164




HRK


Croatian kuna


7,3359




IDR


Indonesian rupiah


14 275,85




MYR


Malaysian ringgit


5,0158




PHP


Philippine peso


68,626




RUB


Russian rouble


44,9510




THB


Thai baht


48,833




BRL


Brazilian real


2,6129




MXN


Mexican peso


18,7110




INR


Indian rupee


68,4010






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 725/2009 of 7 August 2009 entering a name in the register of protected designations of origin and protected geographical indications (Pan de Cruz de Ciudad Real (PGI))
Date: 2009-08-07
Institutions: European Commission
Subjects: Spain, bakery, bread, location of production, originating product, product designation








L_2009206EN.01001101.xml










8.8.2009   


EN


Official Journal of the European Union


L 206/11








            COMMISSION REGULATION (EC) No 725/2009
of 7 August 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Pan de Cruz de Ciudad Real (PGI))


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)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Pan de Cruz de Ciudad Real’ was 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 be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby 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, 7 August 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 324, 19.12.2008, p. 26.




ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.4. —   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

SPAIN
Pan de Cruz de Ciudad Real (PGI)
Non-opposition to a notified concentration (Case COMP/M.5547 — Koninklijke Philips Electronics/Saeco International Group) Text with EEA relevance
Date: 2009-08-07
Institutions: European Commission
Subjects: coffee, economic concentration, exchange of information, household electrical appliance, human nutrition, innovation, medical device, merger control, new technology








C_2009185EN.01000301.xml










7.8.2009   


EN


Official Journal of the European Union


C 185/3





Non-opposition to a notified concentration
(Case COMP/M.5547 — Koninklijke Philips Electronics/Saeco International Group)
(Text with EEA relevance)
2009/C 185/02
On 17 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 32009M5547. EUR-Lex is the on-line access to the European law.
Case C-314/09: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 August 2009 — Stadt Graz v Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH
Date: 2009-08-07
Institutions: Court of Justice
Subjects: approximation of laws, award of contract, infringement of EU law, interpretation of the law, public contract, supplies contract, works contract








C_2009267EN.01003501.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/35





Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 7 August 2009 — Stadt Graz v Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH
(Case C-314/09)
2009/C 267/65
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Appellant: Stadt Graz

Respondents: Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH

Questions referred







1.


Does Article 1(1)(c) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, (1) or other provisions of that directive, preclude a national rule under which damages claims for the contracting authority’s infringement of Community procurement law are subject to the requirement of fault, also where that rule is applied to the effect that in principle fault on the part of organs of the contracting authority is to be assumed and its reliance on the absence of individual abilities, and thus to a lack of personal fault, is excluded?










2.


If question 1 is answered in the negative:
Is Article 2(7) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts to be interpreted as meaning that, for the purposes of the obligation in it to ensure the effective enforcement of decisions taken in review procedures, the decision of a procurement review body binds all parties to the procedure, thus also including the contracting authority?










3.


If question 2 is answered in the affirmative:
Is it permissible under Article 2(7) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts for the contracting authority to disregard a final decision of a procurement review body, or is it even obliged to disregard it and, if so, under what conditions?






(1)  OJ 1989 L 395, p. 33.