do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 783/2009 of 27 August 2009 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-08-27
Institutions: European Commission
Subjects: award of contract, export refund, invitation to tender, milk, skimmed milk powder








L_2009226EN.01001801.xml










28.8.2009   


EN


Official Journal of the European Union


L 226/18








            COMMISSION REGULATION (EC) No 783/2009
of 27 August 2009
         
fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


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 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 25 August 2009.












(3)


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
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 25 August 2009, the maximum amount of refund for the product and destinations referred to in Article 1(c) and in Article 2 of that Regulation shall be EUR 25,80/100 kg.


Article 2
This Regulation shall enter into force on 28 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Case T-367/08: Order of the Court of First Instance of 27 August 2009 — Abouchar v Commission (Non-contractual liability — EDF — Conditions for the grant and control of credits for an agricultural holding project in Senegal — Limitation period — Inadmissibility)
Date: 2009-08-27
Institutions: Court of First Instance
Subjects: European Development Fund, action for annulment (EU), farming project, infringement of EU law, small and medium-sized enterprises








C_2009256EN.01002701.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/27





Order of the Court of First Instance of 27 August 2009 — Abouchar v Commission
(Case T-367/08) (1)

(Non-contractual liability - EDF - Conditions for the grant and control of credits for an agricultural holding project in Senegal - Limitation period - Inadmissibility)
2009/C 256/49
Language of the case: French

Parties


Applicant: Michel Abouchar (Dakar, Senegal) (represented by: B. Dubreuil-Basire and J.-J. Lorang, lawyers)

Defendant: Commission of the European Communities (represented by: A. Bordes and E. Cujo, Agents)

Re:

Action for damages to compensate for the material and non-material harm allegedly suffered by the applicant as a result of the alleged errors of the Commission and its agents inherent in the conditions of grant and the control of loans financed by the European Development Fund (EDF) for its agricultural holding project in Senegal.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Mr Michel Abouchar is ordered to pay the costs.






(1)  OJ C 285, 8.11.2008.
Case T -338/09: Action brought on 27 August 2009 — Müller-Boré & Partner v OHIM — Popp and Other (MBP)
Date: 2009-08-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), consultancy, intellectual property, trade-mark law








C_2009267EN.01007301.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/73





Action brought on 27 August 2009 — Müller-Boré & Partner v OHIM — Popp and Other (MBP)
(Case T -338/09)
2009/C 267/132
Language in which the application was lodged: German

Parties


Applicant: Müller-Boré & Partner (Munich, Germany) (represented by: C. Osterrieth and T. Schmitz, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM: E. Popp (Munich, Germany), W. E. Sajda (Munich), J. Bohnenberger (Munich), V. Kruspig (Munich)

Form of order sought







—


Annulment the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1176/2007-4 and amendment of it so as to reject the appeal and objection in their entirety;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: the word mark ‘MBP’ for services in Classes 35 and 42 (Application No. 1 407 857)

Proprietor of the mark or sign cited in the opposition proceedings: E. Popp, W. E. Sajda, J. Bohnenberger and V. Kruspig

Mark or sign cited in opposition: the word mark ‘ip_law@mbp.’ for services in Class 42 (Community Trademark No. 667 105) and the special trade name ‘mbp.de.’ under German trade mark law

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Opposition upheld in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1),] since there is no likelihood of confusion between the trade marks at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EC) No 784/2009 of 27 August 2009 fixing the maximum buying-in price for butter for the 10th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009
Date: 2009-08-27
Institutions: European Commission
Subjects: award of contract, butter, export refund, maximum price, purchase price








L_2009226EN.01001901.xml










28.8.2009   


EN


Official Journal of the European Union


L 226/19








            COMMISSION REGULATION (EC) No 784/2009
of 27 August 2009
         
fixing the maximum buying-in price for butter for the 10th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009


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, in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EC) No 186/2009 (2) has opened buying-in of butter by a tendering procedure for the period expiring on 31 August 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 105/2008 of 5 February 2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter (3).












(2)


In the light of the tenders received in response to individual invitations to tender, a maximum buying-in price is to be fixed or a decision to make no award is to be taken, in accordance with Article 16(2) of Regulation (EC) No 105/2008.












(3)


In the light of the tenders received for the 10th individual invitation to tender, a maximum buying-in price should be fixed.












(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
For the 10th individual invitation to tender for the buying-in of butter within the tendering procedure opened by Regulation (EC) No 186/2009, in respect of which the time limit for the submission of tenders expired on 25 August 2009, the maximum buying-in price shall be EUR 220,00/100 kg.


Article 2
This Regulation shall enter into force on 28 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 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 64, 10.3.2009, p. 3.

(3)  
            OJ L 32, 6.2.2008, p. 3.
Corrigendum to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 134, 29.5.2009 )
Date: 2009-08-27
Institutions: Council of the European Union
Subjects: dual-use good, export monitoring, free movement of goods, technology








L_2009224EN.01002101.xml










27.8.2009   


EN


Official Journal of the European Union


L 224/21







Corrigendum to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items
(
Official Journal of the European Union L 134 of 29 May 2009
)

On page 268, Annex VI, correlation table:
Line 8, which reads:







‘—


Article 2(2)(iv)’





shall be deleted.
Commission Regulation (EC) No 786/2009 of 27 August 2009 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009
Date: 2009-08-27
Institutions: European Commission
Subjects: CCT duties, Portugal, Spain, award of contract, import policy, maize, tariff reduction








L_2009226EN.01002101.xml










28.8.2009   


EN


Official Journal of the European Union


L 226/21








            COMMISSION REGULATION (EC) No 786/2009
of 27 August 2009
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009


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(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened by Commission Regulation (EC) No 676/2009 (2).












(2)


Under Article 8 of 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) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(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
For tenders lodged from 7 August to 27 August 2009 under the invitation to tender issued in Regulation (EC) No 676/2009, the maximum reduction in the duty on maize imported shall be EUR 19,50 EUR/t for a total maximum quantity of 16 000 t.


Article 2
This Regulation shall enter into force on 28 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 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 196, 28.7.2009, p. 6.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Commission Regulation (EC) No 787/2009 of 27 August 2009 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 677/2009
Date: 2009-08-27
Institutions: European Commission
Subjects: CCT duties, Portugal, Spain, award of contract, import policy, maize, sorghum, tariff reduction








L_2009226EN.01002201.xml










28.8.2009   


EN


Official Journal of the European Union


L 226/22








            COMMISSION REGULATION (EC) No 787/2009
of 27 August 2009
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 677/2009


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(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EC) No 677/2009 (2).












(2)


Under Article 8 of 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) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(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
For tenders lodged from 7 to 27 August under the invitation to tender issued in Regulation (EC) No 677/2009, the maximum reduction in the duty on maize imported shall be EUR 19,95/t for a total maximum quantity of 10 000 t.


Article 2
This Regulation shall enter into force on 28 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 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 196, 28.7.2009, p. 7.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Commission Regulation (EC) No 779/2009 of 27 August 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-08-27
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009226EN.01000101.xml










28.8.2009   


EN


Official Journal of the European Union


L 226/1








            COMMISSION REGULATION (EC) No 779/2009
of 27 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 28 August 2009.




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


39,9 




XS 


19,8 




ZZ 


29,9 




0707 00 05 


MK 


33,2 




TR 


97,0 




ZZ 


65,1 




0709 90 70 


TR 


106,9 




ZZ 


106,9 




0805 50 10 


AR 


111,8 




UY 


95,2 




ZA 


67,5 




ZZ 


91,5 




0806 10 10 


EG 


142,7 




IL 


86,7 




TR 


117,3 




ZZ 


115,6 




0808 10 80 


AR 


114,5 




BR 


61,1 




CL 


87,9 




CN 


67,1 




NZ 


80,8 




US 


95,4 




UY 


42,1 




ZA 


78,6 




ZZ 


78,4 




0808 20 50 


AR 


113,9 




TR 


128,3 




ZA 


86,8 




ZZ 


109,7 




0809 30 


TR 


118,8 




ZZ 


118,8 




0809 40 05 


IL 


121,7 




TR 


90,9 




ZZ 


106,3 






(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-345/09: Reference for a preliminary ruling from the Centrale Raad van Beroep lodged on 27 August 2009 — J A van Delft and others v College voor zorgverzekering
Date: 2009-08-27
Institutions: Court of Justice
Subjects: EU national, Netherlands, interpretation of the law, pension scheme, social security, social-security contribution, wage earner








C_2010011EN.01001201.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/12





Reference for a preliminary ruling from the Centrale Raad van Beroep lodged on 27 August 2009 — J A van Delft and others v College voor zorgverzekering
(Case C-345/09)
2010/C 11/21
Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings


Applicants: J A van Delft and others

Defendant: College voor zorgverzekering

Questions referred







1.


Should Articles 28, 28a and 33 of Regulation No 1408/71 (1), the provisions of sections 1(a) and (b) of Part R of Annex VI to Regulation No 1408/71, and Article 29 of Regulation No 574/72 (2) be interpreted as meaning that a national provision such as Article 69 of the Zvw [Zorgverzekeringswet] is incompatible therewith in so far as a pensioner who in principle has entitlements under Articles 28 and 28a of Regulation No 1408/71 is obliged to report to the Cvz [College voor Zorgverzekering], and a contribution must be deducted from that person’s pension even if no registration has taken place under Article 29 of Regulation No 574/09?










2.


Should Article 39 EC or Article 18 EC be interpreted as meaning that a national provision such as Article 69 of the Zvw is incompatible therewith in so far as a citizen of the EU who in principle has entitlements under Articles 28 and 28a of Regulation No 1408/71 is obliged to report to the Cvz, and a contribution must be deducted from that citizen’s pension even if no registration has taken place under Article 29 of Regulation 574/09?






(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ L 323, 13.12.1996, p. 38)

(2)  Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (OJ L 323, 13.12.1996, p. 38)