do-me/EUR-LEX huggingface dataset:
Case C-37/08: Judgment of the Court (First Chamber) of 3 September 2009 (Reference for a preliminary ruling from the VAT and Duties Tribunal, London — United Kingdom) — RCI Europe v Commissioners for Her Majesty’s Revenue and Customs (Sixth VAT Directive — Fiscal connection — Supply of services connected with immovable property — Services consisting in facilitating the exchange by owners of rights to occupy holiday homes)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, personal property, service








C_2009267EN.01001501.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/15





Judgment of the Court (First Chamber) of 3 September 2009 (Reference for a preliminary ruling from the VAT and Duties Tribunal, London — United Kingdom) — RCI Europe v Commissioners for Her Majesty’s Revenue and Customs
(Case C-37/08) (1)

(Sixth VAT Directive - Fiscal connection - Supply of services connected with immovable property - Services consisting in facilitating the exchange by owners of rights to occupy holiday homes)
2009/C 267/25
Language of the case: English

Referring court

VAT and Duties Tribunal, London

Parties to the main proceedings


Applicant: RCI Europe

Defendant: Commissioners for Her Majesty’s Revenue and Customs

Re:

REFERENCE for a preliminary ruling — VAT and Duties Tribunal, London — Interpretation of Articles 9(2)(a) and 26 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) — Determination of the place where supplies are deemed to be provided — Supplies of services consisting in facilitating the exchange by the holders of rights to occupy a property intended for use by holidaymakers who are members of an association established by the taxable person for that purpose, for the rights of other owners.

Operative part of the judgment

Article 9(2)(a) of Sixth Council Directive 77/388/EEC 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 must be interpreted as meaning that the place where services are supplied by an association whose business consists in organising the exchange between its members of their timeshare usage rights in holiday accommodation, in return for which that association receives from its members enrolment, annual subscription and exchange fees, is the place where the property in respect of which the member concerned holds timeshare usage rights is situated.


(1)  OJ C 92, 12.4.2008.
Case C-498/07 P: Judgment of the Court (First Chamber) of 3 September 2009 — Aceites del Sur-Coosur SA, formerly Aceites del Sur v Koipe Corporación, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark La Española — Overall assessment of the likelihood of confusion — Decisive element)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), appeal, trade-mark law








C_2009256EN.01000402.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/4





Judgment of the Court (First Chamber) of 3 September 2009 — Aceites del Sur-Coosur SA, formerly Aceites del Sur v Koipe Corporación, Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-498/07 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Figurative mark La Española - Overall assessment of the likelihood of confusion - Decisive element)
2009/C 256/07
Language of the case: Spanish

Parties


Appellant: Aceites del Sur-Coosur SA, formerly Aceites del Sur SA (represented by: J.-M. Otero Lastres and R. Jimenez Diaz, abogados)

Other parties to the proceedings: Koipe Corporación SL (represented by: M. Fernández de Béthencourt, abogado), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 12 September 2007 in Case T-363/04 Koipe v OHIM and Aceites del Sur (La Española), by which the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 May 2004 (Case R 1109/2000-4) was altered so as to hold that the appeal brought by the applicant before the Board of Appeal is well founded and, consequently, that the opposition is to be upheld.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Aceites del Sur-Coosur SA to pay, in addition to its own costs, those of Koipe Corporación SL;










3.


Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.






(1)  OJ C 22, 26.1.2008.
Prior notification of a concentration (Case COMP/M.5630 — MD Investors/Metaldyne) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-09-03
Institutions: European Commission
Subjects: commercial vehicle, economic concentration, exchange of information, investment transaction, merger control, metal product, motor vehicle industry, spare part, supplier, vehicle parts








C_2009208EN.01001801.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/18





Prior notification of a concentration
(Case COMP/M.5630 — MD Investors/Metaldyne)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 208/11






1.


On 27 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 MD Investors Corporation (USA), indirectly solely controlled by The Carlyle Group (USA), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part(s) of Metaldyne Corporation (USA) by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for The Carlyle Group: private equity investment,










—


for MD Investors Corporation: private equity investment,










—


for Metaldyne Corporation: manufacture and sale of metal components for light-duty motor vehicles to automotive OEM and Tier 1 automotive suppliers.














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.5630 — MD Investors/Metaldyne, 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.
Corrigendum to the Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services Text with EEA relevance ( OJ C 203, 28.8.2009 )
Date: 2009-09-03
Institutions: European Commission
Subjects: France, air transport, airline, common transport policy, invitation to tender, public service, transport regulations








C_2009208EN.01001901.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/19





Corrigendum to the Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services
(Text with EEA relevance)

(
Official Journal of the European Union C 203 of 28 August 2009
)

2009/C 208/12
On page 6:
for:






‘Member State


France




Concerned route


Rouen–Lyon (Saint-Exupéry)




Date of entry into force of the public service obligations


25 décembre 2009




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained


Arrêté du 9 juillet 2009 relatif à l’imposition d’OSP sur les services aériens réguliers entre Rouen et Lyon (Saint-Exupéry)
NOR: DEVA0915880A
http://www.legifrance.gouv.fr/initRechTexte.do





Direction générale de l'Aviation civile




DTA/SDT/T2




50 rue Henry Farman




75720 Paris Cedex 15




FRANCE




Tél. +33 158094321




Courriel: osp-compagnies@dta.aviation-civile.gouv.fr’,








read:






‘Member State


France




Concerned route


Rouen–Lyon (Saint-Exupéry)




Date of entry into force of the public service obligations


25 octobre 2009




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained


Arrêté du 9 juillet 2009 relatif à l’imposition d’OSP sur les services aériens réguliers entre Rouen et Lyon (Saint-Exupéry)
NOR: DEVA0915880A
http://www.legifrance.gouv.fr/initRechTexte.do





Direction générale de l'Aviation civile




DTA/SDT/T2




50 rue Henry Farman




75720 Paris Cedex 15




FRANCE




Tél. +33 158094321




Courriel: osp-compagnies.dta@aviation-civile.gouv.fr’.
Case C-355/09: Action brought on 3 September 2009 — Commission of the European Communities v Ireland
Date: 2009-09-03
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, drug traffic, national implementing measure, pharmaceutical product, psychotropic substance








C_2009256EN.01001601.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/16





Action brought on 3 September 2009 — Commission of the European Communities v Ireland
(Case C-355/09)
2009/C 256/30
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: P. Oliver, A.-A. Gilly, Agents)

Defendant: Ireland

The applicant claims that the Court should:







—


Declare that, by failing to adopt national measures necessary to implement Articles 10 and 12 of Regulation (EC) No 273/2004 (1), by failing to communicate those measures pursuant to Article 16 of that Regulation and by failing to adopt the national measures necessary to implement Articles 26(3) and 31 of Regulation (EC) No 111/2005 (2), Ireland has failed to fulfil its obligations under Regulation (EC) No 273/2004 on drug precursors and Regulation (EC) No 111/2005 laying down the rules for the monitoring of trade between the Community and third countries in drug precursors;










—


order Ireland to pay the costs.





Pleas in law and main arguments

Member States are required to adopt the measures necessary to comply with the provisions of Regulations, within the time limits laid down in those Regulations, and to notify those measures forthwith to the Commission. The Government of Ireland has failed to adopt and communicate the measures required to implement Articles 10, 12 and 16 of Regulation (EC) no 273/2004 on drug precursors. The Government of Ireland has also failed to adopt measures in accordance with articles 26(3) and 31 of regulation (EC) no 111/2005 laying down the rules for the monitoring of trade between the Community and third countries in drug precursors.


(1)  Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors
OJ L 47, p. 1

(2)  Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors
OJ L 22, p. 1
Prior notification of a concentration (Case COMP/M.5601 — RREEF Fund/UFG/SAGGAS) Text with EEA relevance
Date: 2009-09-03
Institutions: European Commission
Subjects: Spain, bank, economic concentration, exchange of information, financial institution, financial services, gas supply, merger control, natural gas








C_2009208EN.01001601.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/16





Prior notification of a concentration
(Case COMP/M.5601 — RREEF Fund/UFG/SAGGAS)
(Text with EEA relevance)
2009/C 208/09






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 undertaking RREEF Pan-European Infrastructure Fund LP (‘RREEF Fund’, United Kingdom), ultimately managed by Deutsche Bank (‘DB’, Germany) and Union Fenosa Gas, S.A. (‘UFG’, Spain), which is a joint venture between Unión Fenosa S.A. (now Gas Natural SDG, S.A. ‘GN’, Spain), and ENI S.p.A (‘ENI’, Italy), acquire, within the meaning of Article 3(1)(b) of the Council Regulation, joint control of the undertaking Planta De Regasification De Sagunto S.A. (‘SAGGAS’, Spain) by way of purchase of shares in an existing joint venture. Currently, SAGGAS is jointly controlled by UFG, Iberdrola S.A. (Spain) and Endesa Generación S.A. (Spain).










2.


The business activities of the undertakings concerned are:






—


for RREEF Fund: investment fund active in banking, financial and related services worldwide,










—


for UFG: supply of gas to undertakings and individuals in Spain,










—


for SAGGAS: regasification of liquid natural gas in Spain.














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.5601 — RREEF Fund/UFG/SAGGAS, 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.
Non-opposition to a notified concentration (Case COMP/M.5588 — General Motors/Delphi Steering II) Text with EEA relevance
Date: 2009-09-03
Institutions: European Commission
Subjects: economic concentration, exchange of information, marketing, merger control, motor car, motor vehicle, motor vehicle industry, spare part








C_2009208EN.01000201.xml










3.9.2009   


EN


Official Journal of the European Union


C 208/2





Non-opposition to a notified concentration
(Case COMP/M.5588 — General Motors/Delphi Steering II)
(Text with EEA relevance)
2009/C 208/02
On 12 August 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5588. EUR-Lex is the on-line access to the European law.
Commission Regulation (EC) No 804/2009 of 3 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-03
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009233EN.01001801.xml










4.9.2009   


EN


Official Journal of the European Union


L 233/18








            COMMISSION REGULATION (EC) No 804/2009
of 3 September 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 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 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 


37,6 




ZZ 


38,8 




0707 00 05 


MK 


21,7 




TR 


108,0 




ZZ 


64,9 




0709 90 70 


TR 


107,4 




ZZ 


107,4 




0805 50 10 


AR 


93,0 




BR 


122,7 




TR 


109,0 




UY 


71,2 




ZA 


100,7 




ZZ 


99,3 




0806 10 10 


EG 


145,1 




TR 


99,0 




ZZ 


122,1 




0808 10 80 


AR 


124,5 




BR 


64,0 




CL 


85,3 




NZ 


82,8 




ZA 


82,3 




ZZ 


87,8 




0808 20 50 


AR 


145,7 




CN 


64,7 




TR 


106,1 




ZA 


80,6 




ZZ 


99,3 




0809 30 


TR 


118,7 




ZZ 


118,7 




0809 40 05 


IL 


121,0 




TR 


99,1 




ZZ 


110,1 






(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-489/07: Judgment of the Court (First Chamber) of 3 September 2009 (reference for a preliminary ruling from the Amtsgericht Lahr (Germany)) — Pia Messner v Firma Stefan Krüger (Directive 97/7/EC — Consumer protection — Distance contracts — Exercise by the consumer of the right of withdrawal — Compensation for use to be paid to the seller)
Date: 2009-09-03
Institutions: Court of Justice
Subjects: consumer protection, contract, distance selling, indemnification, interpretation of the law








C_2009256EN.01000401.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/4





Judgment of the Court (First Chamber) of 3 September 2009 (reference for a preliminary ruling from the Amtsgericht Lahr (Germany)) — Pia Messner v Firma Stefan Krüger
(Case C-489/07) (1)

(Directive 97/7/EC - Consumer protection - Distance contracts - Exercise by the consumer of the right of withdrawal - Compensation for use to be paid to the seller)
2009/C 256/06
Language of the case: German

Referring court

Amtsgericht Lahr

Parties to the main proceedings


Applicant: Pia Messner

Defendant: Firma Stefan Krüger

Re:

Reference for a preliminary ruling — Amtsgericht Lahr — Interpretation of Article 6(1) and (2) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ 1997 L 144, p. 19) — Exercise of the right to revoke by the consumer — Compensation for use to be paid to the seller

Operative part of the judgment

The provisions of the second sentence of Article 6(1) and Article 6(2) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts must be interpreted as precluding a provision of national law which provides in general that, in the case of withdrawal by a consumer within the withdrawal period, a seller may claim compensation for the value of the use of the consumer goods acquired under a distance contract.
However, those provisions do not prevent the consumer from being required to pay compensation for the use of the goods in the case where he has made use of those goods in a manner incompatible with the principles of civil law, such as those of good faith or unjust enrichment, on condition that the purpose of that directive and, in particular, the functionality and efficacy of the right of withdrawal are not adversely affected, this being a matter for the national court to determine.


(1)  OJ C 22, 26.1.2008.