do-me/EUR-LEX huggingface dataset:
Case F-72/09: Action brought on 17 August 2009 — Simone Daake v OHIM
Date: 2009-08-17
Institutions: Civil Service Tribunal
Subjects: European Union Intellectual Property Office, action by staff, contract staff, indemnification, temporary employment, termination of a contract








C_2009256EN.01003801.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/38





Action brought on 17 August 2009 — Simone Daake v OHIM
(Case F-72/09)
2009/C 256/68
Language of the case: German

Parties


Applicant: Simone Daake (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

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

Subject-matter and description of the proceedings

Annulment of the decision of OHIM of 12 September 2008 terminating the applicant’s contract of employment and payment of damages; alleged circumvention of the provisions for an open-ended contract by means of successive fixed-term contracts.

Forms of order sought







—


Set aside the OHIM’s declaration in its letter of 12 September 2008 according to which the applicant’s contract of employment with OHIM was to terminate on 31 October 2008,










—


Annul the decision of OHIM of 6 May 2009 by which OHIM rejected the applicant’s complaint of 12 December 2008 under Article 90(2) of the Staff Regulations,










—


Order OHIM to compensate the applicant for material damages amounting to the difference between:






—


on the one hand, her actual salary according to the formal classification as contract staff member under Article 3a of the Conditions of Employment of other Servants from 1 November 2005 until 31 October 2008 and the unemployment benefits paid to her from 1 November 2008 until today, and










—


on the other hand, the salary to which she is entitled as temporary staff member under Article 2(a) of the Conditions of Employment of other Servants from 1 November 2005 until today — in the alternative, at least the salary to which she is entitled as temporary staff member under Article 2(a) of the Conditions of Employment of other Servants from 1 November 2005 until 31 October 2008 and the unemployment benefits to which she was entitled calculated according to her salary for October 2008 under Article 2(a) of the Conditions of Employment of other Servants –










—


and the resulting losses to retirement pension and other indemnities, salary and benefits taking into account appropriate promotion based on her performance until 1 April 2008,














—


Order OHIM to compensate the applicant for the non-material damage caused by the discrimination vis-à-vis other OHIM employees in an amount to be calculated by the Court,










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Case C-329/09 P: Appeal brought on 17 August 2009 by Iride SpA, formerly AMGA SpA, against the judgment of the Court of First Instance (Eighth Chamber, extended Composition) delivered on 11 June 2009 in Case T-300/02 AMGA v Commission
Date: 2009-08-17
Institutions: Court of Justice
Subjects: General Court (EU), Italy, State aid, action for annulment (EU), judicial proceedings, public service, redemption, tax exemption








C_2009267EN.01004101.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/41





Appeal brought on 17 August 2009 by Iride SpA, formerly AMGA SpA, against the judgment of the Court of First Instance (Eighth Chamber, extended Composition) delivered on 11 June 2009 in Case T-300/02 AMGA v Commission
(Case C-329/09 P)
2009/C 267/72
Language of the case: Italian

Parties


Appellant: Iride SpA, formerly AMGA SpA (represented by L. Radicati di Brozolo and T. Ubaldi, avvocati)

Other party to the proceedings: Commission of the European Communities

Form of order sought







—


setting aside of the judgment in Case T-300/02 for distortion of the evidence in the file and error in the legal conclusions drawn by the Court of First Instance from that evidence in so far as it declares that the contested decision (1) is not of individual concern to Azienda Mediterranea Gas e Acqua S.p.A. (AMGA) and that the action brought by the latter in Case T300/02 is inadmissible;










—


a declaration that action brought in Case T300/02 is admissible and an order referring the case back to the Court of First Instance to be dealt with on its merits, as provided for by Article 61 of the Statute of the Court of Justice;










—


an order that the Commission should pay the costs at first instance and on appeal.





Pleas in law and main arguments

In support of its appeal, Iride puts forwards a single ground of appeal, concerning distortion of the evidence in the file and an error in legal conclusions drawn by the Court of First Instance from incorrect findings made in the judgment, as provided for in Article 230(4) EC and the relevant Community case-law. In Iride’s opinion, in particular, the Court of First Instance distorted the clear sense of the evidence that the Company produced for it to evaluate in order to confirm the treatment of AGMA as an actual recipient of individual aid granted under the scheme at issue, recovery of which had been ordered by the Commission. Because of that distortion of the evidence in the file, therefore, the Court of First Instance drew the incorrect inference that the contested decision was not of individual concern to the Company and that its action was, consequently, inadmissible.


(1)  Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).
Commission Regulation (EC) No 749/2009 of 17 August 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-08-17
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009213EN.01000101.xml










18.8.2009   


EN


Official Journal of the European Union


L 213/1








            COMMISSION REGULATION (EC) No 749/2009
of 17 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 18 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 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 


29,2 




TR 


101,7 




ZZ 


65,5 




0709 90 70 


TR 


104,4 




ZZ 


104,4 




0805 50 10 


AR 


75,2 




UY 


84,5 




ZA 


58,0 




ZZ 


72,6 




0806 10 10 


EG 


152,2 




IL 


133,8 




MA 


141,6 




TR 


138,1 




US 


170,2 




ZA 


147,9 




ZZ 


147,3 




0808 10 80 


AR 


112,7 




BR 


63,2 




CL 


83,6 




NZ 


83,8 




US 


87,1 




ZA 


77,1 




ZZ 


84,6 




0808 20 50 


AR 


104,5 




CN 


60,2 




TR 


135,4 




ZA 


92,6 




ZZ 


98,2 




0809 30 


TR 


129,0 




ZZ 


129,0 




0809 40 05 


IL 


107,7 




ZZ 


107,7 






(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-330/09: Action brought on 17 August 2009 — Commission of the European Communities v Republic of Austria
Date: 2009-08-17
Institutions: Court of Justice
Subjects: Austria, accountant, action for failure to fulfil an obligation, audit, auditing, national implementing measure, professional ethics, professional qualifications








C_2009233EN.01001301.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/13





Action brought on 17 August 2009 — Commission of the European Communities v Republic of Austria
(Case C-330/09)
2009/C 233/22
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: G. Braun and M. Adam, acting as Agents)

Defendant: Republic of Austria

Form of order sought







—


Declare that, by failure to adopt the laws, regulations and administrative provisions necessary to implement Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (1) or by failing to notify the commission thereof, the Republic of Austria has failed to fulfil its obligations under that directive;










—


order Republic of Austria to pay the costs.





Pleas in law and main arguments

The period prescribed for implementation of the directive expired on 29 June 2008. At the time the present action was lodged, the defendant had not yet adopted the necessary measures for the implementation of this directive, or had in any case not notified the Commission thereof.


(1)  OJ L 157, p. 87.
Commission Regulation (EC) No 752/2009 of 17 August 2009 entering a name in the register of protected designations of origin and protected geographical indications (Batata doce de Aljezur (PGI))
Date: 2009-08-17
Institutions: European Commission
Subjects: Portugal, location of production, originating product, potato, product designation, root vegetable








L_2009213EN.01000801.xml










18.8.2009   


EN


Official Journal of the European Union


L 213/8








            COMMISSION REGULATION (EC) No 752/2009
of 17 August 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Batata doce de Aljezur (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 the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, Portugal’s application to register the name ‘Batata doce de Aljezur’ 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, 17 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. 31.




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

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

PORTUGAL
Batata doce de Aljezur (PGI)
Case F-71/09: Action brought on 17 August 2009 — Caminiti v Commission
Date: 2009-08-17
Institutions: Civil Service Tribunal
Subjects: European official, action by staff, action for annulment (EU), personnel administration, professional career








C_2009244EN.01001701.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/17





Action brought on 17 August 2009 — Caminiti v Commission
(Case F-71/09)
2009/C 244/29
Language of the case: French

Parties


Applicant: Paolo Caminiti (Tubize, Belgium) (represented by: L. Levi, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application to annul the defendant’s decision to classify the applicant in Grade AST 9, step 4, with a multiplication factor equal to 1 and, consequently, the reinstatement of the applicant in Grade AST 9, step 2, retaining a multiplication factor of 1.071151.

Form of order sought

The applicant claims that the Court should:






—


annul the decision to classify the applicant in grade AST 9, step 4, with a multiplication factor equal to 1 contained in the applicant’s salary slip of March 2009;










—


consequently, reinstate the applicant, with effect from 1 March 2009, in Grade AST 9, step 2, retaining a multiplication factor of 1.071151;










—


order the full restructuring of the applicant’s career with retroactive effect from 1 March 2009 to the date of his classification in grade and step as thus corrected (including the valuation of his experience in his classification as thus corrected, his rights of advancement to a higher step and his pension rights), which includes the payment of default interest at the base rate fixed by the European Central Bank for its main refinancing operations, applicable during the period concerned, increased by two points, on all the sums corresponding to his classification as set out in the classification decision and the classification to which he should have been entitled until the date on which the decision on his corrected classification is taken; in the alternative, order the applicant to be granted promotion points corresponding to the conversion of the multiplication factor to a ‘time’ factor;










—


order the Commission of the European Communities to pay the costs.