do-me/EUR-LEX huggingface dataset:
Case C-2/08: Judgment of the Court (Second Chamber) of 3 September 2009 (Reference for a preliminary ruling from the Corte suprema di cassazione (Italy)) — Amministrazione dell’Economia e delle Finanze, Agenzia delle Entrate v Fallimento Olimpiclub Srl (VAT — Primacy of Community law — Provision of national law laying down the principle of res judicata)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: EU law - national law, VAT, interpretation of the law, tax avoidance, tax evasion, tax law








C_2009256EN.01000502.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/5





Judgment of the Court (Second Chamber) of 3 September 2009 (Reference for a preliminary ruling from the Corte suprema di cassazione (Italy)) — Amministrazione dell’Economia e delle Finanze, Agenzia delle Entrate v Fallimento Olimpiclub Srl
(Case C-2/08) (1)

(VAT - Primacy of Community law - Provision of national law laying down the principle of res judicata)
2009/C 256/09
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicants: Amministrazione dell’Economia e delle Finanze, Agenzia delle Entrate

Defendant: Fallimento Olimpiclub Srl

Re:

Reference for a preliminary ruling — Corte suprema di cassazione — Interpretation of Directive 77/388/EEC: Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Primacy of Community law — Provision of national law laying down the principle of res judicata leading to a result which is incompatible with Community VAT law

Operative part of the judgment

Community law precludes the application, in circumstances such as those of the case before the referring court, of a provision of national law, such as Article 2909 of the Italian Civil Code, in a dispute concerning value added tax and relating to a tax year for which no final judicial decision has yet been delivered, to the extent that it would prevent the national court seised of that dispute from taking into consideration the rules of Community law concerning abusive practice in the field of value added tax.


(1)  OJ C 79, 29.3.2008.
Euro exchange rates
Date: 2009-09-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2009208EN.01000301.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/3





Euro exchange rates (1)

2 September 2009
2009/C 208/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4220




JPY


Japanese yen


131,63




DKK


Danish krone


7,4428




GBP


Pound sterling


0,87510




SEK


Swedish krona


10,3186




CHF


Swiss franc


1,5167




ISK


Iceland króna


 




NOK


Norwegian krone


8,6800




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,686




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


276,37




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,1680




RON


Romanian leu


4,2388




TRY


Turkish lira


2,1512




AUD


Australian dollar


1,7112




CAD


Canadian dollar


1,5720




HKD


Hong Kong dollar


11,0222




NZD


New Zealand dollar


2,1078




SGD


Singapore dollar


2,0526




KRW


South Korean won


1 774,54




ZAR


South African rand


11,1879




CNY


Chinese yuan renminbi


9,7137




HRK


Croatian kuna


7,3461




IDR


Indonesian rupiah


14 450,56




MYR


Malaysian ringgit


5,0332




PHP


Philippine peso


69,534




RUB


Russian rouble


45,3921




THB


Thai baht


48,426




BRL


Brazilian real


2,7048




MXN


Mexican peso


19,3961




INR


Indian rupee


69,6420






(1)  Source: reference exchange rate published by the ECB.
Case T-349/09: Action brought on 3 September 2009 — PAGO International v OHIM — Tirol Milch (Pago)
Date: 2009-09-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), non-alcoholic beverage, trade-mark law








C_2009267EN.01007601.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/76





Action brought on 3 September 2009 — PAGO International v OHIM — Tirol Milch (Pago)
(Case T-349/09)
2009/C 267/136
Language in which the application was lodged: German

Parties


Applicant: PAGO International GmbH (Klagenfurt, Austria) (represented by: C. Hauer and C. Schumacher, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Tirol Milch reg.Gen.mbH Innsbruck (Innsbruck, Austria)

Form of order sought







—


Amend the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2009 concerning cancellation proceedings No 2025 C (Community trade mark No 915 488) so as to dismiss the appeal by Tirol Milch registrierte Genossenschaft mit beschränkter Haftung against the decision of the Cancellation Division of 4 August 2008, and order Tirol Milch registrierte Genossenschaft mit beschränkter Haftung to pay the costs of the appeal proceedings;










—


in the alternative, annul the decision of the Fourth Board of Appeal and refer the case back to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for a fresh decision.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The coloured figurative mark ‘Pago’ for goods in Class 32 (Community trade mark No 915 488)

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity: Tirol Milch registrierte Genossenschaft mit beschränkter Haftung

Decision of the Cancellation Division: Revocation in part of the Community trade mark

Decision of the Board of Appeal: Annulment in part of the decision of the Cancellation Division and revocation of the Community trade mark
Pleas in law:






—


Infringement of Article 51 in conjunction with Article 15(1)(a) of Regulation (EC) No 207/2009, (1) inasmuch as it was incorrectly deemed not to have been proved that the trade mark at issue in the proceedings had been used in such a way as to preserve the rights of the proprietor;










—


Infringement of Article 75 of Regulation No 207/2009 and of fundamental Community rights, in particular the right to a fair hearing.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-535/06 P: Judgment of the Court (Fourth Chamber) of 3 September 2009 — Moser Baer India Ltd v Council of the European Union, Commission of the European Communities, Committee of European CD-R and DVD+/-R Manufacturers (CECMA) (Appeal — Dumping — Imports of recordable compact discs originating in India — Regulation (EC) No 960/2003 — Calculation of the amount of countervailable subsidy — Determination of injury — Article 8(7) of Regulation (EC) No 2026/97)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: Council of the European Union, India, action for annulment (EU), anti-subsidy proceeding, appeal, import, originating product, record








C_2009256EN.01000201.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/2





Judgment of the Court (Fourth Chamber) of 3 September 2009 — Moser Baer India Ltd v Council of the European Union, Commission of the European Communities, Committee of European CD-R and DVD+/-R Manufacturers (CECMA)
(Case C-535/06 P) (1)

(Appeal - Dumping - Imports of recordable compact discs originating in India - Regulation (EC) No 960/2003 - Calculation of the amount of countervailable subsidy - Determination of injury - Article 8(7) of Regulation (EC) No 2026/97)
2009/C 256/02
Language of the case: English

Parties


Appellant: Moser Baer India Ltd (represented by: K. Adamantopoulos, dikigoros, and R. MacLean, Solicitor)

Other parties to the proceedings: Council of the European Union (represented by: J.-P. Hix, Agent, and by G. Berrisch, Rechtsanwalt), Commission of the European Communities (represented by: H. van Vliet and T. Scharf, Agents), Committee of European CD-R and DVD+/-R Manufacturers (CECMA)

Re:

Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) of 4 October 2006 in Case T-300/03 Moser Baer India v Council, which dismissed an action for annulment of Regulation (EC) No 960/2003 of 2 June 2003 imposing a definitive countervailing duty on imports of recordable compact discs originating in India (OJ 2003 L 138, p. 1), in so far as it concerns the appellant.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Moser Baer India Ltd to pay the costs;










3.


Orders the Commission of the European Communities to bear its own costs.






(1)  OJ C 69, 24.3.2007.
Prior notification of a concentration (Case COMP/M.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVs) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-09-03
Institutions: European Commission
Subjects: economic concentration, electronic publishing, exchange of information, merger control, multimedia, postal service, publishing








C_2009208EN.01001701.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/17





Prior notification of a concentration
(Case COMP/M.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVs)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 208/10






1.


On 26 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 undertakings TNT Post Holding Deutschland GmbH (‘TNT Deutschland’, Germany), belonging to the group TNT N.V. (the Netherlands), and Georg von Holtzbrinck GmbH & Co. KG (‘Holtzbrinck’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of PIN Mail AG, Berlin, PIN Mail GmbH, Woltersdorf, PIN Mail GmbH, Wildau, Blitz-Kurier GmbH, Rathenow, City Brief Bote GmbH, Schwedt/Oder, Märkische Postdienste GmbH, Brandenburg an der Havel, DEBEX GmbH, Potsdam and Die Briefboten GmbH, Potsdam (together ‘the joint ventures’, all registered in Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for TNT Deutschland: mail delivery services,










—


for Holtzbrinck: publishing, electronic media, mail delivery services,










—


for the joint ventures: regional mail delivery services.














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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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.5594 — TNT Post Holding Deutschland/Georg von Holtzbrinck/JVs, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Case C-457/08: Judgment of the Court (Seventh 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 2005/14/EC — Insurance against civil liability — Motor vehicles — Failure to transpose within the prescribed period)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: Northern Ireland, United Kingdom, action for failure to fulfil an obligation, motor vehicle, road traffic








C_2009256EN.01000601.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/6





Judgment of the Court (Seventh Chamber) of 3 September 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-457/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/14/EC - Insurance against civil liability - Motor vehicles - Failure to transpose within the prescribed period)
2009/C 256/10
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: L. Seeboruth, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Directive 2005/14/EC;










2.


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






(1)  OJ C 313, 6.12.2008.
Commission Regulation (EC) No 808/2009 of 3 September 2009 fixing the maximum buying-in price for skimmed milk powder for the 9th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 310/2009
Date: 2009-09-03
Institutions: European Commission
Subjects: award of contract, export refund, maximum price, milk, purchase price, skimmed milk powder








L_2009233EN.01002401.xml










4.9.2009   


EN


Official Journal of the European Union


L 233/24








            COMMISSION REGULATION (EC) No 808/2009
of 3 September 2009
         
fixing the maximum buying-in price for skimmed milk powder for the 9th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 310/2009


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 310/2009 (2) has opened buying-in of skimmed milk powder by a tendering procedure for the period expiring on 31 August 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder (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 17 of Regulation (EC) No 214/2001.












(3)


In the light of the tenders received for the 9th 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 9th individual invitation to tender for the buying-in of skimmed milk powder within the tendering procedure opened by Regulation (EC) No 310/2009, 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 167,90/100 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 97, 16.4.2009, p. 13.

(3)  
            OJ L 37, 7.2.2001, p. 100.