do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 25 September 2008 concerning a preliminary draft decision in Case COMP/39.188 (1) — Bananas
Date: 2009-08-12
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), competition law, disclosure of information, fixing of prices, fraud, import, offer price, opinion (EU), restriction on competition, tropical fruit








C_2009189EN.01000701.xml










12.8.2009   


EN


Official Journal of the European Union


C 189/7





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 25 September 2008 concerning a preliminary draft decision in Case COMP/39.188 (1) — Bananas
2009/C 189/03






1.


The Advisory Committee agrees with the Commission that the product affected by the infringement is fresh bananas and with the geographical coverage of the infringement.










2.


The Advisory Committee agrees with the Commission's assessment of the facts as a concerted practice within the meaning of Article 81(1) of the EC Treaty.










3.


The Advisory Committee agrees with the Commission that the pre-pricing communications described in the preliminary draft decision in which the parties (i) discussed or disclosed their views about price trends and/or discussed or disclosed indications of quotation prices for the up-coming week, and (ii) discussed price setting factors (that is factors relevant for setting of quotation prices for the upcoming week), have as their object the restriction of competition within the meaning of Article 81(1) of the EC Treaty and concern the fixing of prices, whereby parties coordinated quotation prices for bananas.










4.


The Advisory Committee agrees with the Commission’s assessment that the arrangements for the exchange of quotation prices enabled parties to monitor the individual parties’ quotation pricing decisions in the light of pre-pricing communications which took place between parties beforehand.










5.


The Advisory Committee agrees with the Commission's assessment that all the mentioned illicit practices form part of an overall scheme in pursuit of a single anti-competitive economic aim, and therefore constitutes a single and continuous infringement of Article 81(1) of the EC Treaty.










6.


The Advisory Committee agrees with the Commission that the duration of the infringement is from 1 January 2000 to 31 December 2002.










7.


The Advisory Committee agrees with the Commission that the conditions of Article 81(3) of the EC Treaty are not fulfilled in this case.










8.


The Advisory Committee agrees with the Commission draft decision as regards the addressees of the decision, including the liability of parent companies.










9.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union according to Article 14(6) of Regulation (EC) No 1/2003.
Commission Regulation (EC) No 739/2009 of 12 August 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-08-12
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009209EN.01000101.xml










13.8.2009   


EN


Official Journal of the European Union


L 209/1








            COMMISSION REGULATION (EC) No 739/2009
of 12 August 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 13 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 August 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 


29,6 




XS 


21,6 




ZZ 


25,6 




0707 00 05 


MK 


23,0 




TR 


97,1 




ZZ 


60,1 




0709 90 70 


TR 


101,3 




ZZ 


101,3 




0805 50 10 


AR 


77,0 




NZ 


63,1 




TR 


92,6 




UY 


61,0 




ZA 


65,5 




ZZ 


71,8 




0806 10 10 


EG 


152,1 




MA 


141,6 




TR 


142,2 




US 


223,1 




ZA 


142,2 




ZZ 


160,2 




0808 10 80 


AR 


116,4 




BR 


75,1 




CL 


82,8 




NZ 


83,0 




US 


87,1 




ZA 


80,2 




ZZ 


87,4 




0808 20 50 


AR 


105,1 




CL 


101,7 




CN 


60,2 




TR 


141,0 




ZA 


91,6 




ZZ 


99,9 




0809 30 


TR 


133,6 




ZZ 


133,6 




0809 40 05 


IL 


123,6 




ZZ 


123,6 






(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’.
Case C-326/09: Action brought on 12 August 2009 — Commission of the European Communities v Republic of Poland
Date: 2009-08-12
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, equal treatment, gender equality, service industry








C_2009312EN.01001002.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/10





Action brought on 12 August 2009 — Commission of the European Communities v Republic of Poland
(Case C-326/09)
2009/C 312/16
Language of the case: Polish

Parties


Applicant: Commission of the European Communities (represented by: M. van Beek and M. Kaduczak, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (1) and in any event by not informing the Commission of the adoption of those provisions, the Republic of Poland has failed to fulfil its obligations under that directive;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The time-limit for transposition of Directive 2004/113 expired on 21 December 2007.


(1)  OJ 2004 L 373, p. 37.
Case C-325/09: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 12 August 2009 — Secretary of State for the Home Department v Maria Dias
Date: 2009-08-12
Institutions: Court of Justice
Subjects: EU Member State, EU visa policy, European citizenship, interpretation of the law, residence permit, worker (EU)








C_2009256EN.01001302.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/13





Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 12 August 2009 — Secretary of State for the Home Department v Maria Dias
(Case C-325/09)
2009/C 256/26
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Applicant: Secretary of State for the Home Department

Defendant: Maria Dias

Questions referred







1.


If a European Union citizen, present in a Member State of which she is not a national, was, prior to the transposition of Directive 2004/38/EC (1), the holder of a residence permit validly issued pursuant to Article 4(2) of Directive 68/360/EEC (2), but was for a period of time during the currency of the permit voluntarily unemployed, not self-sufficient and outside the qualifications for the issue of such a permit, did that person by reason only of her possession of the permit, remain during that time someone who ‘resided legally’ in the host Member State for the purpose of later acquiring a permanent right of residence under Article 16(1) of Directive 2004/38/EC?










2.


If five years’ continuous residence as a worker prior to 30 April 2006 does not qualify to give rise to the permanent right of residence created by Article 16(1) of Directive 2004/38/EC, does such continuous residence as a worker give rise to a permanent right of residence directly pursuant to Article 18(1) of the EU Treaty on the grounds that there is a lacuna in the Directive?






(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC
OJ L 158, p. 77

(2)  Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families
OJ L 257, p. 13
Prior notification of a concentration (Case COMP/M.5605 — Credit Mutuel/Monabanq) Text with EEA relevance
Date: 2009-08-12
Institutions: European Commission
Subjects: France, bank, economic concentration, exchange of information, financial institution, financial services, insurance, insurance company, merger control








C_2009189EN.01002201.xml










12.8.2009   


EN


Official Journal of the European Union


C 189/22





Prior notification of a concentration
(Case COMP/M.5605 — Credit Mutuel/Monabanq)
(Text with EEA relevance)
2009/C 189/09






1.


On 4 August 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 Banque Federative du Credit Mutuel S.A. (‘Credit Mutuel’, France)acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Monabanq. (‘Monabanq’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for undertaking Credit Mutuel: products and services associated to the banking and insurance sectors mainly in France,










—


for undertaking Monabanq: active in retail banking and insurance, mainly in France.














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.










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 22964301 or 22967244) or by post, under reference number COMP/M.5605 — Credit Mutuel/Monabanq, 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.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 10 October 2008 concerning a preliminary draft decision in Case COMP/39.188 (2) — Bananas
Date: 2009-08-12
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), competition law, disclosure of information, fine, fixing of prices, import, offer price, opinion (EU), restriction on competition, tropical fruit








C_2009189EN.01001101.xml










12.8.2009   


EN


Official Journal of the European Union


C 189/11





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 10 October 2008 concerning a preliminary draft decision in Case COMP/39.188 (2) — Bananas
2009/C 189/05






1.


The Advisory Committee agrees with the Commission on the basic amount of the fines.










2.


The Advisory Committee agrees with the Commission on the reductions in the basic amount of the fines due to mitigating circumstances.










3.


The Advisory Committee agrees with the Commission on the immunity from fines pursuant to the 2002 Leniency Notice.










4.


The Advisory Committee agrees with the Commission on the final amounts of the fines.










5.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union according to Article 14(6) of Regulation (EC) No 1/2003.
Corrigendum to the publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ( OJ C 185, 7.8.2009 )
Date: 2009-08-12
Institutions: European Commission
Subjects: Italy, location of production, originating product, product designation, root vegetable








C_2009189EN.01003501.xml










12.8.2009   


EN


Official Journal of the European Union


C 189/35





Corrigendum to the publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

(
Official Journal of the European Union C 185 of 7 August 2009
)

2009/C 189/13
On page 13, under ‘2. Group’:
for:







‘Address:







Viale Europa




LT-04029 Sperlonga




LIETUVA/LITHUANIA








Tel.


+370 771556388




Fax


+370 771556388’,





read:







‘Address:







Viale Europa




04029 Sperlonga LT




ITALIA








Tel.


+39 0771556388




Fax


+39 0771556388’.
Corrigendum to Commission Regulation (EC) No 256/2009 of 23 March 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products ( OJ L 81, 27.3.2009 )
Date: 2009-08-12
Institutions: European Commission
Subjects: animal nutrition, animal product, chemical product, consumer protection, crop production, dangerous substance, pesticide residue, pharmaceutical product, plant health product








L_2009208EN.01003901.xml










12.8.2009   


EN


Official Journal of the European Union


L 208/39







Corrigendum to Commission Regulation (EC) No 256/2009 of 23 March 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products
(
Official Journal of the European Union L 81 of 27 March 2009
)

On page 10, in the Annex, point 2, in the table (lines for fludioxonil):
for:








‘Code number


Groups and examples of individual products to which the MRLs apply (a)


Fludioxonil




140030


Peaches


5 ’





read:








‘Code number


Groups and examples of individual products to which the MRLs apply (a)


Fludioxonil




140030


Peaches


7 ’
Case C-322/09 P: Appeal brought on 12 August 2009 by NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB against the judgment of the Court of First Instance (First Chamber) delivered on 9 June 2009 in Case T-152/06: NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB v Commission of the European Communities
Date: 2009-08-12
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), State aid, action for annulment (EU), complaint to the Commission, control of State aid, preliminary ruling procedure, tourism








C_2009233EN.01001201.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/12





Appeal brought on 12 August 2009 by NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB against the judgment of the Court of First Instance (First Chamber) delivered on 9 June 2009 in Case T-152/06: NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB v Commission of the European Communities
(Case C-322/09 P)
2009/C 233/21
Language of the case: English

Parties


Appellant: NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB (represented by: M. Merola and L. Armati, avvocati)

Other party to the proceedings: Commission of the European Communities

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal in its entirety;










—


declare the action of Destination Stockholm in case T-152/06 admissible and grounded, and therefore grant the forms of order sought at first instance;










—


order the Commission to bear costs.




In the alternative:






—


set aside the judgment under appeal in its entirety and declare the action of Destination Stockholm in case T-152/06 admissible;










—


refer the case back to the Court of First Instance for the examination of the merits of the case;










—


reserve the costs of the proceedings at first instance and on appeal.





Pleas in law and main arguments

The appellant submits that, in judgment under appeal, the Court of First Instance:






—


misapplied Article 230 EC by manifestly distorting of the content of the contested letters, the intention of their author and the evidence adduced before the CFI;










—


incorrectly classified the Commission's position on the compatibility of the contested measures as preliminary and used a contradictory reasoning on the same issue;










—


inappropriately made reference to Article 88(1) EC by considering that the Commission rejected a request to recommend appropriate measures;










—


incorrectly applied Articles 4, 10, 13 and 20(2) of the Regulation No 659/1999 (1), in particular by ruling that the classification by the Commission of the contested measures as existing aid prevents the rejection of a complaint from being challenged.






(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty OJ L 83, p. 1.
Euro exchange rates
Date: 2009-08-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2009189EN.01000601.xml










12.8.2009   


EN


Official Journal of the European Union


C 189/6





Euro exchange rates (1)

11 August 2009
2009/C 189/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4166




JPY


Japanese yen


136,72




DKK


Danish krone


7,4449




GBP


Pound sterling


0,85840




SEK


Swedish krona


10,3486




CHF


Swiss franc


1,5301




ISK


Iceland króna


 




NOK


Norwegian krone


8,8265




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,770




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


273,10




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7011




PLN


Polish zloty


4,1740




RON


Romanian leu


4,2163




TRY


Turkish lira


2,1225




AUD


Australian dollar


1,6965




CAD


Canadian dollar


1,5537




HKD


Hong Kong dollar


10,9793




NZD


New Zealand dollar


2,1126




SGD


Singapore dollar


2,0489




KRW


South Korean won


1 759,28




ZAR


South African rand


11,5304




CNY


Chinese yuan renminbi


9,6825




HRK


Croatian kuna


7,3224




IDR


Indonesian rupiah


14 054,16




MYR


Malaysian ringgit


4,9730




PHP


Philippine peso


67,596




RUB


Russian rouble


45,7690




THB


Thai baht


48,228




BRL


Brazilian real


2,6277




MXN


Mexican peso


18,3946




INR


Indian rupee


67,9400






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