do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5467 — RWE/Essent) Text with EEA relevance
Date: 2009-09-15
Institutions: European Commission
Subjects: economic concentration, electricity supply, exchange of information, gas supply, heating, merger control








C_2009222EN.01000101.xml










15.9.2009   


EN


Official Journal of the European Union


C 222/1





Non-opposition to a notified concentration
(Case COMP/M.5467 — RWE/Essent)
(Text with EEA relevance)
2009/C 222/01
On 23 June 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 32009M5467. EUR-Lex is the on-line access to the European law.
Case T-357/09: Action brought on 15 September 2009 — Pucci International v OHIM — El Corte Inglés (Emidio Tucci)
Date: 2009-09-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009267EN.01007802.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/78





Action brought on 15 September 2009 — Pucci International v OHIM — El Corte Inglés (Emidio Tucci)
(Case T-357/09)
2009/C 267/140
Language in which the application was lodged: English

Parties


Applicants: Emilio Pucci International BV (Baarn, The Netherlands) (represented by: M. Boletto, E. Gavuzzi, G. Lazzeretti and P. Roncaglia, lawyers)

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

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in joined cases R 770/2008-2 and R 826/2008-2, in so far as it accepted registration of Community trade mark application No 3 679 594“Emidio Tucci” for all the goods and services it covers in classes 1, 2, 4-17, 19, 20, 21, 22, 23, 26-45;










—


Order the defendant to pay the costs incurred by the applicant during these proceedings; and










—


Order the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant during the proceedings before OHIM’s Opposition Division and Board of Appeal.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark “Emidio Tucci”, for goods and services in classes 1-45

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: Community trade mark registration of the figurative mark “Emilio Pucci” registered for goods in classes 18 and 24; Italian trade mark registration of the word mark “EMILIO PUCCI” registered for goods classes 3, 14, 18, 21, 24, 25 and 33; Italian trade mark registration of the word mark “EMILIO PUCCI” registered for goods classes 9, 12, 18, 20, 26, 27 and 34; Italian trade mark registration of the figurative mark “Emilio Pucci” registered for goods classes 14, 18, 24 and 25

Decision of the Opposition Division: Partially accepted the opposition

Decision of the Board of Appeal: Partially upheld the appeal in cases R 826/2008-2 and R 770/2008-2; dismissed the appeal for the remainder

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation 207/2009 as the Board of Appeal erred in its conclusion that these legal provisions could not apply with respect to the goods and services covered by the Community trade mark concerned in classes 1, 2, 4-17, 19, 20, 21 (part of), 22, 23 and 26-45.
Council Joint Action 2009/706/CFSP of 15 September 2009 extending the mandate of the European Union Special Representative in the former Yugoslav Republic of Macedonia (FYROM)
Date: 2009-09-15
Institutions: Council of the European Union
Subjects: North Macedonia, appointment of members, common foreign and security policy, diplomatic representation, the EU's international role




L_2009244EN.01002501.xml










16.9.2009   


EN


Official Journal of the European Union


L 244/25








            COUNCIL JOINT ACTION 2009/706/CFSP
of 15 September 2009
         
extending the mandate of the European Union Special Representative in the former Yugoslav Republic of Macedonia (FYROM)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 14, 18(5) and 23(2) thereof,

Whereas:







(1)


On 17 October 2005, the Council adopted Joint Action 2005/724/CFSP (1) appointing Mr Erwan FOUÉRÉ European Union Special Representative (EUSR) in the former Yugoslav Republic of Macedonia (FYROM).












(2)


On 16 February 2009, the Council adopted Joint Action 2009/129/CFSP (2) extending the mandate of the EUSR until 30 September 2009.












(3)


On the basis of a review of Joint Action 2009/129/CFSP, the mandate of the EUSR should be extended for an additional 6-month period until 31 March 2010,





HAS ADOPTED THIS JOINT ACTION:



Article 1
Joint Action 2009/129/CFSP is hereby amended as follows:






1.


Article 1 shall be replaced by the following:

‘Article 1
European Union Special Representative
The mandate of Mr Erwan FOUÉRÉ as the European Union Special Representative (EUSR) in the former Yugoslav Republic of Macedonia (FYROM) is hereby extended until 31 March 2010.’;











2.


Article 5(1) shall be replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2009 to 31 March 2010 shall be EUR 568 000.’;











3.


Article 13 shall be replaced by the following:

‘Article 13
Review
The implementation of this Joint Action and its consistency with other contributions from the EU shall be kept under regular review. The EUSR shall present to the SG/HR, the Council and the Commission a comprehensive mandate implementation report before the end of January 2010. That report shall form a basis for evaluation of this Joint Action in the relevant working groups and by the PSC. In the context of overall priorities for deployment, the SG/HR shall make recommendations to the PSC concerning the Council’s decision on the renewal, amendment or termination of the mandate.’







Article 2
This Joint Action shall enter into force on the day of its adoption.


Article 3
This Joint Action shall be published in the Official Journal of the European Union.




Done at Brussels, 15 September 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 272, 18.10.2005, p. 26.

(2)  
            OJ L 46, 17.2.2009, p. 40.
Draft amending budget No 6/2009 European Parliament resolution of 15 September 2009 on Draft amending budget No 6/2009 of the European Union for the financial year 2009, Section III – Commission (11888/2009 – C7-0098/2009 – 2009/2047(BUD))
Date: 2009-09-15
Institutions: Committee on Budgets, European Parliament
Subjects: EU Member State, amending budget, budget estimate, budgetary resources, draft budget (EU), general budget (EU), resolution of parliament








CE2010224EN.01004801.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/48





Tuesday 15 September 2009Draft amending budget No 6/2009
P7_TA(2009)0010
European Parliament resolution of 15 September 2009 on Draft amending budget No 6/2009 of the European Union for the financial year 2009, Section III – Commission (11888/2009 – C7-0098/2009 – 2009/2047(BUD))
2010/C 224 E/19

The European Parliament,
having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,
having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38 thereof,
having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008 (2),
having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),
having regard to Preliminary draft amending budget No 6/2009 of the European Union for the financial year 2009, which the Commission presented on 18 June 2009 (COM(2009)0288),
having regard to Draft amending budget No 6/2009, which the Council established on 13 July 2009 (11888/2009 – C7-0098/2009),
having regard to Rule 75 of and Annex V to its Rules of Procedure,
having regard to the report of the Committee on Budgets (A7-0003/2009),






A.


whereas the Preliminary draft amending budget No 6 to the budget for 2009 covers the revision of the forecast of Traditional Own Resources, VAT and GNI bases, the budgeting of the relevant UK corrections as well as their financing and the revision of financing of GNI reductions in favour of the Netherlands and Sweden in 2009,










B.


whereas the purpose of Draft amending budget No 6/2009 is to formally enter these budgetary adjustments into the 2009 budget,










1.


Approves Draft amending budget No 6/2009 unamended;










2.


Instructs its President to forward this resolution to the Council and the Commission.






(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 69, 13.3.2009.

(3)  OJ C 139, 14.6.2006, p. 1.
Case T-446/07: Judgment of the Court of First Instance of 15 September 2009 — Royal Appliance International v OHIM — BSH Bosch und Siemens Hausgeräte (Centrixx) (Community trade mark — Opposition procedure — Application for Community word mark Centrixx — Earlier national word mark sensixx — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1) of Regulation (EC) No 207/2009)
Date: 2009-09-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electrical engineering, electrical equipment, trade-mark law








C_2009256EN.01002501.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/25





Judgment of the Court of First Instance of 15 September 2009 — Royal Appliance International v OHIM — BSH Bosch und Siemens Hausgeräte (Centrixx)
(Case T-446/07) (1)

(Community trade mark - Opposition procedure - Application for Community word mark Centrixx - Earlier national word mark sensixx - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1) of Regulation (EC) No 207/2009)
2009/C 256/45
Language of the case: German

Parties


Applicant: Royal Appliance International GmbH (Hilden, Germany) (represented by: K.-J. Michaeli and M. Schork, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner and B. Schmidt, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 October 2007 (Case R 572/2006-4) concerning opposition proceedings between BSH Bosch und Siemens Hausgeräte GmbH and Royal Appliance International GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Royal Appliance International GmbH to pay the costs.






(1)  OJ C 37, 9.2.2008.
Draft amending budget No 7/2009 European Parliament resolution of 15 September 2009 on Draft amending budget No 7/2009 of the European Union for the financial year 2009, the Klaus storm in France (12951/2009 – C7-0130/2009 – 2009/2046(BUD))
Date: 2009-09-15
Institutions: Committee on Budgets, European Parliament
Subjects: France, amending budget, budget estimate, budgetary resources, draft budget (EU), general budget (EU), natural disaster, resolution of parliament








CE2010224EN.01004901.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/49





Tuesday 15 September 2009Draft amending budget No 7/2009
P7_TA(2009)0011
European Parliament resolution of 15 September 2009 on Draft amending budget No 7/2009 of the European Union for the financial year 2009, the Klaus storm in France (12951/2009 – C7-0130/2009 – 2009/2046(BUD))
2010/C 224 E/20

The European Parliament,
having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,
having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38 thereof,
having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008 (2),
having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),
having regard to Preliminary draft amending budget No 7/2009 of the European Union for the financial year 2009, which the Commission presented on 22 June 2009 (SEC(2009)0827),
having regard to Draft amending budget No 7/2009, which the Council established on 7 September 2009 (12951/2009 – C7-0130/2009),
having regard to Rule 75 of and Annex V to its Rules of Procedure,
having regard to the report of the Committee on Budgets (A7-0009/2009),






A.


whereas Draft amending budget No 7 to the general budget 2009 covers the Mobilisation of the EU Solidarity Fund for an amount of EUR 109,4 million in commitment and payment appropriations relating to the effects of the storm that hit France in January 2009,










B.


whereas the purpose of Draft amending budget No 7/2009 is to formally enter this budgetary adjustment into the 2009 budget,










1.


Takes note of Preliminary draft amending budget No 7/2009, which is the fourth amending budget solely dedicated to the EU Solidarity Fund;










2.


Takes note that the funding of the EU Solidarity Fund will be provided by Chapter 1 4 of the Revenue of the General Budget for the European Communities, concerning the Own Resources Based on Gross National Income pursuant to Article 2(1)(c) of Decision 2007/436/EC, Euratom to finance Chapter 13 06 of the 2009 Budget concerning the Solidarity Fund;










3.


Approves Draft amending budget No 7/2009 unamended;










4.


Instructs its President to forward this resolution to the Council and the Commission.






(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 69, 13.3.2009.

(3)  OJ C 139, 14.6.2006, p. 1.
EC-Mongolia agreement on certain aspects of air services * European Parliament legislative resolution of 15 September 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Government of Mongolia on certain aspects of air services (COM(2007)0731 – C7-0001/2009 – 2007/0252(CNS))
Date: 2009-09-15
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: European Community, Mongolia, air safety, air transport, fuel tax, interim agreement (EU), ratification of an agreement, transport licence, transportation tariff








CE2010224EN.01004201.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/42





Tuesday 15 September 2009EC-Mongolia agreement on certain aspects of air services *
P7_TA(2009)0006
European Parliament legislative resolution of 15 September 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Government of Mongolia on certain aspects of air services (COM(2007)0731 – C7-0001/2009 – 2007/0252(CNS))
2010/C 224 E/15
(Consultation procedure)

The European Parliament,
having regard to the proposal for a Council decision (COM(2007)0731),
having regard to Article 80(2) and Article 300(2), first subparagraph, first sentence, of the EC Treaty,
having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0001/2009),
having regard to Rules 55, 90(8) and 46(1) of its Rules of Procedure,
having regard to the report of the Committee on Transport and Tourism (A7-0001/2009),






1.


Approves the conclusion of the agreement;










2.


Instructs its President to forward its position to the Council and to the Commission, and to the governments and parliaments of the Member States and Mongolia.
Commission Regulation (EC) No 837/2009 of 15 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-15
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009244EN.01000101.xml










16.9.2009   


EN


Official Journal of the European Union


L 244/1








            COMMISSION REGULATION (EC) No 837/2009
of 15 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 16 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 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 


32,7 




ZZ 


32,7 




0707 00 05 


MK 


27,4 




TR 


103,3 




ZZ 


65,4 




0709 90 70 


TR 


101,0 




ZZ 


101,0 




0805 50 10 


AR 


79,9 




CL 


134,9 




UY 


81,3 




ZA 


84,9 




ZZ 


95,3 




0806 10 10 


EG 


137,1 




IL 


227,0 




TR 


90,9 




ZZ 


151,7 




0808 10 80 


AR 


118,6 




BR 


68,1 




CL 


84,5 




NZ 


85,2 




US 


85,9 




ZA 


77,0 




ZZ 


86,6 




0808 20 50 


AR 


160,8 




CN 


70,8 




TR 


99,4 




ZA 


69,4 




ZZ 


100,1 




0809 30 


TR 


118,3 




US 


228,1 




ZZ 


173,2 




0809 40 05 


IL 


126,2 




TR 


113,9 




ZZ 


120,1 






(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’.
Prior notification of a concentration (Case COMP/M.5519 — E.ON/Electrabel Acquired Assets) Text with EEA relevance
Date: 2009-09-15
Institutions: European Commission
Subjects: economic concentration, electrical energy, electricity supply, energy production, exchange of information, gas supply, merger control, natural gas, waste management, water management








C_2009222EN.01000701.xml










15.9.2009   


EN


Official Journal of the European Union


C 222/7





Prior notification of a concentration
(Case COMP/M.5519 — E.ON/Electrabel Acquired Assets)
(Text with EEA relevance)
2009/C 222/05






1.


On 8 September 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which E.ON AG (‘E.ON’, Germany) intends to acquire from Electrabel S.A./N.V. (‘Electrabel’, Belgium) sole control over two power plants and drawing rights of electricity capacities in Belgium and in the Netherlands within the meaning of Article 3(1)(b) of the Regulation.










2.


The business activities of the undertakings concerned are:






—


E.ON: generation and supply of electricity and natural gas in several European countries,










—


Electrabel: generation and supply of electricity and natural gas; Electrabel is part of GDF SUEZ SA, an international industrial and services group active in electricity, natural gas, energy services, water and waste management.














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.5519 — E.ON/Electrabel Acquired Assets, 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.
Case F -32/05: Order of the Civil Service Tribunal of 15 September 2009 — Perez Santander v Council
Date: 2009-09-15
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, European official, action by staff, competition (EU), indemnification, personnel administration, professional career, recruitment, regulations for civil servants








C_2009267EN.01008503.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/85





Order of the Civil Service Tribunal of 15 September 2009 — Perez Santander v Council
(Case F -32/05) (1)

2009/C 267/156

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 193, 6.5.2008, p. 32 (Case initially registered before the Court of First Instance of the European Communities under number T-201/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).