do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 806/2009 of 3 September 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: 2009-09-03
Institutions: European Commission
Subjects: award of contract, export refund, invitation to tender, milk, skimmed milk powder








L_2009233EN.01002201.xml










4.9.2009   


EN


Official Journal of the European Union


L 233/22








            COMMISSION REGULATION (EC) No 806/2009
of 3 September 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 1 September 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 1 September 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 4 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 September 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 C-464/08: Judgment of the Court (Eighth Chamber) of 3 September 2009 — Commission of the European Communities v Republic of Estonia (Failure of a Member State to fulfil obligations — Directive 2005/65/EC — Transport policy — Security of ports — Failure to transpose within the prescribed period)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: Estonia, action for failure to fulfil an obligation, fine, fishing port, maritime court, maritime safety








C_2009256EN.01000602.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/6





Judgment of the Court (Eighth Chamber) of 3 September 2009 — Commission of the European Communities v Republic of Estonia
(Case C-464/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/65/EC - Transport policy - Security of ports - Failure to transpose within the prescribed period)
2009/C 256/11
Language of the case: Estonian

Parties


Applicant: Commission of the European Communities (represented by K. Simonsson and K. Saaremäel-Stoilov, acting as Agents)

Defendant: Republic of Estonia (represented by L. Uibo, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to take within the prescribed period the necessary measures to comply with Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (OJ 2005 L 310, p. 28)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt within the prescribed period all the laws, regulations and administrative provisions necessary to comply with Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security, the Republic of Estonia has failed to fulfil its obligations under that directive;










2.


Orders the Republic of Estonia to pay the costs.






(1)  OJ C 327 of 20.12.2008.
Commission Regulation (EC) No 805/2009 of 3 September 2009 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-09-03
Institutions: European Commission
Subjects: award of contract, butter, butter oil, common organisation of markets, designation of origin, import policy








L_2009233EN.01002001.xml










4.9.2009   


EN


Official Journal of the European Union


L 233/20








            COMMISSION REGULATION (EC) No 805/2009
of 3 September 2009
         
fixing the maximum export refund for butter 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 1 September 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 1 September 2009, the maximum amount of refund for the products and destinations referred to in Article 1(a) and (b) and in Article 2 respectively of that Regulation shall be as shown in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 4 September 2009.




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




ANNEX







(EUR/100 kg)




Product


Export refund Code


Maximum amount of export refund for exports to the destinations referred to in Article 2 of Regulation (EC) No 619/2008




Butter


ex ex 0405 10 19 9700 


70,00 




Butteroil


ex ex 0405 90 10 9000 


84,50
Case C-166/07: Judgment of the Court (Fourth Chamber) of 3 September 2009 — European Parliament v Council of the European Union (Action for annulment — Regulation (EC) No 1968/2006 — Community financial contributions to the International Fund for Ireland — Choice of legal basis)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, Ireland, Northern Ireland, appeal to the Court (EU), economic and social cohesion, financial aid, legal basis, peacekeeping








C_2009256EN.01000202.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/2





Judgment of the Court (Fourth Chamber) of 3 September 2009 — European Parliament v Council of the European Union
(Case C-166/07) (1)

(Action for annulment - Regulation (EC) No 1968/2006 - Community financial contributions to the International Fund for Ireland - Choice of legal basis)
2009/C 256/03
Language of the case: French

Parties


Applicant: European Parliament (represented by: I. Klavina, L. Visaggio and A. Troupiotis, Agents)

Defendants: Council of the European Union (represented by: A. Vitro and M. Moore, Agents)

Intervener in support of the defendant: Commission of the European Communities (represented by: L. Flynn and A. Steiblytė, Agents), Ireland (represented by: D. O’Hagen, Agent), United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer, Agent and D.W. Anderson QC, Barrister)

Re:

Action for annulment of Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010) (OJ 2006 L 409, p. 86 and corrigendum in OJ 2007 L 36, p. 31) — Choice of legal basis — Article 308 EC (Consultation of the Parliament/Unanimity of the Council) — Strengthening of economic and social cohesion — Specific actions necessary in addition to those carried out in the context of the Structural Funds — Consolidation of the peace process in Northern Ireland — Article 159 EC (codecision procedure)

Operative part of the judgment

The Court:






1.


Annuls Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010).










2.


Maintains the effects of Regulation No 1968/2006 until the entry into force, within a reasonable period, of a new regulation adopted on an appropriate legal basis.










3.


Orders that the annulment of Regulation No 1968/2006 shall not affect the validity of payments made or of undertakings given under that regulation.










4.


Orders the European Parliament and the Council of the European Union to bear their own respective costs.










5.


Orders Ireland, the United Kingdom of Great Britain and Northern Ireland and the Commission of the European Communities to bear their own respective costs.






(1)  OJ C 155, 7.7.2007.
Case C-527/08: Judgment of the Court (Eighth Chamber) of 3 September 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2005/65/EC — Transport policy — Port facility security — Failure to transpose within the prescribed period)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, common ports policy, harbour installation, port administration, terrorism








C_2009256EN.01000701.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/7





Judgment of the Court (Eighth Chamber) of 3 September 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-527/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/65/EC - Transport policy - Port facility security - Failure to transpose within the prescribed period)
2009/C 256/12
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: K. Simonsson and A.-A. Gilly, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent)

Re:

Failure of a Member to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (OJ 2005 L 310, p. 28)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the period prescribed the laws, regulations and administrative provisions necessary to comply with Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 18 of that directive;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.m






(1)  OJ C 19, 24.1.2009.
Case T-326/07: Judgment of the Court of First Instance of 3 September 2009 — Cheminova and Others v Commission (Plant-protection products — Active substance malathion — Non-inclusion in Annex I to Directive 91/414/EEC — Action for annulment — Locus standi — Admissibility — Evaluation procedure — Assessment by EFSA — Plea of illegality — Article 20 of Regulation (EC) No 1490/2002 — Submission of new studies — Article 8(2) and (5) of Regulation (EC) No 451/2000 — Legitimate expectation — Proportionality — Equal treatment — Principle of sound administration — Rights of the defence — Principle of subsidiarity — Article 95(3) EC, Articles 4(1) and 5(1) of Directive 91/414)
Date: 2009-09-03
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product, withdrawal from the market








C_2009256EN.01002402.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/24





Judgment of the Court of First Instance of 3 September 2009 — Cheminova and Others v Commission
(Case T-326/07) (1)

(Plant-protection products - Active substance ‘malathion’ - Non-inclusion in Annex I to Directive 91/414/EEC - Action for annulment - Locus standi - Admissibility - Evaluation procedure - Assessment by EFSA - Plea of illegality - Article 20 of Regulation (EC) No 1490/2002 - Submission of new studies - Article 8(2) and (5) of Regulation (EC) No 451/2000 - Legitimate expectation - Proportionality - Equal treatment - Principle of sound administration - Rights of the defence - Principle of subsidiarity - Article 95(3) EC, Articles 4(1) and 5(1) of Directive 91/414)
2009/C 256/44
Language of the case: English

Parties


Applicants: Cheminova A/S (Harboøre, Denmark); Cheminova Agro Italia Srl (Rome, Italy); Cheminova Bulgaria EOOD (Sofia, Bulgaria); Agrodan, SA, (Madrid Spain); and Lodi SAS (Grand-Fougeray, France) (represented by: C. Mereu and K. Van Maldegem, lawyers, and P. Sellar, Solicitor)

Defendant: Commission of the European Communities (represented by: B. Doherty and L. Parpala, acting as Agents)

Re:

Annulment of Commission Decision 2007/389/EC of 6 June 2007 concerning the non-inclusion of malathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 146, p. 19)

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Cheminova A/S, Cheminova Agro Italia Srl, Cheminova Bulgaria EOOD, Agrodan, SA and Lodi SAS to bear their own costs and to pay those incurred by the Commission, including those relating to the application for interim measures.






(1)  OJ C 247, 20.10.2007.
Case C-534/07 P: Judgment of the Court (First Chamber) of 3 September 2009 — William Prym GmbH & Co. KG, Prym Consumer GmbH & Co. KG v Commission of the European Communities (Appeal — Competition — Agreements, decisions and concerted practices — European haberdashery market (needles) — Market sharing agreements — Infringement of the rights of the defence — Obligation to state the reasons on which the decision is based — Fine — Guidelines — Gravity of the infringement — Actual impact on the market — Implementation of the cartel)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), appeal, control of restrictive practices, fine, haberdashery, rights of the defence








C_2009256EN.01000501.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/5





Judgment of the Court (First Chamber) of 3 September 2009 — William Prym GmbH & Co. KG, Prym Consumer GmbH & Co. KG v Commission of the European Communities
(Case C-534/07 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - European haberdashery market (needles) - Market sharing agreements - Infringement of the rights of the defence - Obligation to state the reasons on which the decision is based - Fine - Guidelines - Gravity of the infringement - Actual impact on the market - Implementation of the cartel)
2009/C 256/08
Language of the case: German

Parties


Appellants: William Prym GmbH & Co. KG, Prym Consumer GmbH & Co. KG (represented by: H.-J. Niemeyer, C. Herrmann and M. Röhrig, Rechtsanwälte)

Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre and K. Mojzesowicz, acting as Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-30/05 Prym and Prym Consumer v Commission, in which the Court fixed the amount of the fine imposed on the applicants by Article 2 of Commission Decision C(2004) 4221 final of 26 October 2004 relating to a procedure for the application of Article 81 EC (Case COMP/F-1/38.338-PO/Needles) at EUR 27 million — Agreement, decision or concerted practice in the market for haberdashery (needles)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders William Prym GmbH & Co. KG and Prym Consumer GmbH & Co. KG to pay the costs.






(1)  OJ C 37, 9.2.2008.
Commission Regulation (EC) No 807/2009 of 3 September 2009 fixing the maximum buying-in price for butter for the 11th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009
Date: 2009-09-03
Institutions: European Commission
Subjects: award of contract, butter, export refund, maximum price, purchase price








L_2009233EN.01002301.xml










4.9.2009   


EN


Official Journal of the European Union


L 233/23








            COMMISSION REGULATION (EC) No 807/2009
of 3 September 2009
         
fixing the maximum buying-in price for butter for the 11th 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 11th 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 11th 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 1 September 2009, the maximum buying-in price shall be EUR 219,00/100 kg.


Article 2
This Regulation shall enter into force on 4 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 September 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.
Case C-354/09: Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 3 September 2009 — Gaston Schul BV v Staatssecretaris van Financiën
Date: 2009-09-03
Institutions: Court of Justice
Subjects: customs duties, customs regulations, import, interpretation of the law








C_2009282EN.01002801.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/28





Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 3 September 2009 — Gaston Schul BV v Staatssecretaris van Financiën
(Case C-354/09)
2009/C 282/48
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Gaston Schul BV

Defendant: Staatssecretaris van Financien

Question referred

In the case of subsequent entry in the accounts within the meaning of Article 220 of the Community Customs Code (1) must it be assumed that the condition laid down in Article 33(1)(f) of the Community Customs Code, under which import duties are not to be included in the customs value, is satisfied where the seller and buyer of the goods concerned have agreed on the delivery term ‘delivered duties paid’ and this is stated in the customs declaration, even if in determining the transaction price they — wrongly — assumed that no customs duties would be owed upon importation of the goods into the Community and consequently no amount of customs duties was stated in the invoice or in or with the declaration?


(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302 p. 1).
Special Report No 7/2009 The management of the Galileo programme’s development and validation phase
Date: 2009-09-03
Institutions: European Court of Auditors
Subjects: EU programme, development plan, disclosure of information, electronic mail, intelligent transport system, project management, report, satellite navigation, space technology








C_2009208EN.01000401.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/4





Special Report No 7/2009 ‘The management of the Galileo programme’s development and validation phase’
2009/C 208/04
The European Court of Auditors hereby informs you that Special Report No 7/2009 ‘The management of the Galileo programme’s development and validation phase’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://www.eca.europa.eu
A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




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