do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 853/2009 of 17 September 2009 fixing the maximum buying-in price for skimmed milk powder for the 10th individual invitation to tender within the tendering procedure opened by Regulation (EC) No 310/2009
Date: 2009-09-17
Institutions: European Commission
Subjects: award of contract, export refund, maximum price, milk, purchase price, skimmed milk powder








L_2009246EN.01001801.xml










18.9.2009   


EN


Official Journal of the European Union


L 246/18








            COMMISSION REGULATION (EC) No 853/2009
of 17 September 2009
         
fixing the maximum buying-in price for skimmed milk powder for the 10th 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 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 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 15 September 2009, the maximum buying-in price shall be EUR 167,90/100 kg.


Article 2
This Regulation shall enter into force on 18 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 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.
Communication of the Commission on the quantity of certain products in the milk and milk products sector available for the first half of 2010 under certain quotas opened by the Community
Date: 2009-09-17
Institutions: European Commission
Subjects: butter, import licence, milk, milk product, quantitative restriction, tariff quota








C_2009224EN.01000401.xml










17.9.2009   


EN


Official Journal of the European Union


C 224/4





Communication of the Commission on the quantity of certain products in the milk and milk products sector available for the first half of 2010 under certain quotas opened by the Community
2009/C 224/06
When import licences were allocated for the second half of 2009 for certain quotas referred to in Commission Regulation (EC) No 2535/2001 (1), applications for licences referred to quantities less than those available for the products concerned. As a result, the quantity available for each quota for the period 1 January to 30 June 2010 should be calculated, taking account of the unallocated quantities resulting from Commission Regulation (EC) No 536/2009 of 19 June 2009 determining the extent to which the applications for import licences submitted in June 2009 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted (2).
The quantities available for the period 1 January to 30 June 2010 for the second half of the year of importation for certain quotas referred to in Commission Regulation (EC) No 2535/2001 are indicated hereunder.


(1)  OJ L 341, 22.12.2001, p. 29.

(2)  OJ L 159, 20.6.2009, p. 3.


ANNEX

Annex I.A







Quota number


Quantity
(kilograms)




09.4590


68 537 000




09.4599


11 060 832




09.4591


5 360 000




09.4592


18 438 000




09.4593


5 413 000




09.4594


20 007 000




09.4595


7 502 504




09.4596


19 417 360





Annex I.F







Products originating in Switzerland




Quota number


Quantity
(kilograms)




09.4155


1 000 000





Annex I.H







Products originating in Norway




Quota number


Quantity
(kilograms)




09.4179


2 950 103





Annex I.I







Products originating in Iceland




Quota number


Quantity
(kilograms)




09.4205


175 000




09.4206


380 000
Case T-366/09: Action brought on 17 September 2009 — Insula v Commission
Date: 2009-09-17
Institutions: Court of First Instance
Subjects: EU programme, European Anti-fraud Office, European Commission, appeal, audit, credit, damages, redemption, research and development








C_2009282EN.01005301.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/53





Action brought on 17 September 2009 — Insula v Commission
(Case T-366/09)
2009/C 282/100
Language of the case: French

Parties


Applicant: Conseil scientifique international pour le développement des îles (Insula) (Paris, France) (represented by: J.-D. Simonet and P. Marsal, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


declare the action admissible and well-founded;










—


declare that the Commission’s demand for reimbursement of the sum of EUR 114 996,82 is unfounded and, consequently, order the Commission to issue a credit note in the sum of EUR 114 996,82;










—


declare that the Commission’s demand for reimbursement of the sum of EUR 253 617,08 is well-founded in part and, consequently, order the Commission to issue a credit note in the sum of EUR 174 044,85;










—


order the Commission to pay damages of EUR 146 261,06;










—


in the alternative, declare that the applicant is entitled to compensation in the sum of EUR 573 273,42;










—


order the Commission to pay the costs.





Pleas in law and main arguments

By the present action, based on an arbitration clause, the applicant requests the Court to declare that the debit notes by which the Commission demands, following a report from OLAF, recovery of advances paid to the applicant do not comply with the clauses of the various contracts concluded in respect of projects under the specific programme for research, technological development and demonstration on energy, environment and sustainable development and under the ALTENER II programme.
The pleas and main arguments raised by the applicant are essentially identical to those raised in Case T-246/09 Insula v Commission. (1)



(1)  OJ 2009 C 193, p. 30.
Commission Regulation (EC) No 851/2009 of 17 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: 2009-09-17
Institutions: European Commission
Subjects: award of contract, butter, butter oil, common organisation of markets, designation of origin, import policy








L_2009246EN.01001501.xml










18.9.2009   


EN


Official Journal of the European Union


L 246/15








            COMMISSION REGULATION (EC) No 851/2009
of 17 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 15 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 15 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 18 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 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 T-363/09: Action brought on 17 September 2009 — Longevity Health Products v OHIM — Gruppo Lepetit (RESVEROL)
Date: 2009-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), advertising, food supplement, health care, pharmaceutical product, special chemicals, trade-mark law








C_2009267EN.01008002.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/80





Action brought on 17 September 2009 — Longevity Health Products v OHIM — Gruppo Lepetit (RESVEROL)
(Case T-363/09)
2009/C 267/143
Language in which the application was lodged: English

Parties


Applicants: Longevity Health Products, Inc. (Nassau, The Bahamas) (represented by: J. Korab, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gruppo Lepetit SpA (Lainate, Italy)

Form of order sought







—


Admit the complaint filed by the applicant;










—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 July 2009 in case R 1204/2008-2 and dismiss the request for a declaration of invalidity filed by the other party to the proceedings before the Board of Appeal with regard to Community trade mark 5 244 512; and










—


Order the defendant to bear the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “RESVEROL”, for goods and services in classes 3, 5 and 35

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: National trade mark registrations of the mark “LESTEROL” for goods in class 5

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.
Case C-347/08: Judgment of the Court (Third Chamber) of 17 September 2009 (reference for a preliminary ruling from the Landesgericht Feldkirch (Austria)) — Vorarlberger Gebietskrankenkasse v WGV-Schwäbische Allgemeine Versicherungs AG (Regulation (EC) No 44/2001 — Articles 9(1)(b) and 11(2) — Jurisdiction in matters relating to insurance — Motor accident — Statutory assignment of the rights of an injured party in favour of a social security institution — Action for recovery against the insurer of a person allegedly liable — Objective of protecting the weaker party)
Date: 2009-09-17
Institutions: Court of Justice
Subjects: EU national, civil law, commercial law, interpretation of the law, social security








C_2009267EN.01002202.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/22





Judgment of the Court (Third Chamber) of 17 September 2009 (reference for a preliminary ruling from the Landesgericht Feldkirch (Austria)) — Vorarlberger Gebietskrankenkasse v WGV-Schwäbische Allgemeine Versicherungs AG
(Case C-347/08) (1)

(Regulation (EC) No 44/2001 - Articles 9(1)(b) and 11(2) - Jurisdiction in matters relating to insurance - Motor accident - Statutory assignment of the rights of an injured party in favour of a social security institution - Action for recovery against the insurer of a person allegedly liable - Objective of protecting the weaker party)
2009/C 267/38
Language of the case: German

Referring court

Landesgericht Feldkirch

Parties to the main proceedings


Applicant: Vorarlberger Gebietskrankenkasse

Defendant: WGV-Schwäbische Allgemeine Versicherungs AG

Re:

Reference for a preliminary ruling — Landesgericht Feldkirch — Interpretation of Articles 9(1)(b) and 11(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Jurisdiction in insurance matters — Action brought under statutory subrogation by a social security institution before the court for the place where that institution is established against an insurer established in another Member State.

Operative part of the judgment

The reference in Article 11(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to Article 9(1)(b) thereof must be interpreted as meaning that a social security institution, acting as the statutory assignee of the rights of the directly injured party in a motor accident, may not bring an action directly in the courts of its Member State of establishment against the insurer of the person allegedly responsible for the accident, where that insurer is established in another Member State.


(1)  OJ C 272, 25.10.2008.
Common agricultural policy CAP: support schemes for farmers * European Parliament legislative resolution of 17 September 2009 on the proposal for a Council regulation amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (COM(2009)0321 – C7-0093/2009 – 2009/0084(CNS))
Date: 2009-09-17
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: aid system, aid to agriculture, common agricultural policy, farmers' income, production aid, standardised accounting system, viticulture








CE2010224EN.01005401.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/54





Thursday 17 September 2009Common agricultural policy CAP: support schemes for farmers *
P7_TA(2009)0015
European Parliament legislative resolution of 17 September 2009 on the proposal for a Council regulation amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (COM(2009)0321 – C7-0093/2009 – 2009/0084(CNS))
2010/C 224 E/23
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2009)0321),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0093/2009),
having regard to Rules 55 and 46(1) of its Rules of Procedure,
having regard to the report of the Committee on Agriculture and Rural Development (A7-0004/2009),






1.


Approves the Commission proposal;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










4.


Instructs its President to forward its position to the Council and the Commission.
Case C-357/08: Order of the President of the Court of 17 September 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-09-17
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, consumer protection, insurance contract, insurance law, motor vehicle insurance, national implementing measure, third-party insurance








C_2010011EN.01001904.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/19





Order of the President of the Court of 17 September 2009 — Commission of the European Communities v Hellenic Republic
(Case C-357/08) (1)

2010/C 11/34

Language of the case: Greek

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


(1)  OJ C 247, 27.9.2008.
Case C-372/09: Reference for a preliminary ruling from the Cour de cassation (France) lodged on 17 September 2009 — Josep Penarroja Fa v Procureur général près la Cour d’appel de Paris
Date: 2009-09-17
Institutions: Court of Justice
Subjects: France, courts and tribunals, expert's report ordered by a court, higher court, interpretation of the law, professional qualifications, recognition of vocational training qualifications








C_2009282EN.01002902.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/29





Reference for a preliminary ruling from the Cour de cassation (France) lodged on 17 September 2009 — Josep Penarroja Fa v Procureur général près la Cour d’appel de Paris
(Case C-372/09)
2009/C 282/50
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: Josep Penarroja Fa

Defendant: Procureur général près la Cour d’appel de Paris

Questions referred







1.


Must Article 50 EC be interpreted as applying to the duties entrusted to a professional, acting as an expert, in a dispute brought before the national courts, and appointed by the court seised of the dispute, under the conditions described [in the order for reference]?










2.


Must the connection with the exercise of official authority, referred to in the first paragraph of Article 45 EC, be interpreted as applying to the duties of an expert appointed by a French court, as governed by the French Codes of Civil and Criminal Procedure, and by Law No 71-498 of 29 June 1971 and Decree No 2004-1463 of 23 December 2004?










3.


Must Articles 43 EC and 49 EC be interpreted as precluding legislation, such as that resulting from Law No 71-498 of 29 June 1971 and Decree No 2004-1463 of 23 December 2004, as amended, which makes enrolment on a register maintained by a cour d’appel subject to conditions relating to age, competence, character and independence, and which does not take into account the fact that the applicant has already been recognised as an expert by the courts of his State of origin or introduce other arrangements for assessing his competence?
2009 and 2010 intervention periods for butter and skimmed milk powder * European Parliament legislative resolution of 17 September 2009 on the proposal for a Council regulation derogating from Regulation (EC) No 1234/2007 ( ‘Single CMO’ Regulation) as regards the 2009 and 2010 intervention periods for butter and skimmed milk powder (COM(2009)0354 – C7-0103/2009 – 2009/0094(CNS))
Date: 2009-09-17
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: agricultural product, butter, common organisation of markets, farming sector, milk product, public contract, skimmed milk powder, trading operation








CE2010224EN.01005301.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/53





Thursday 17 September 20092009 and 2010 intervention periods for butter and skimmed milk powder *
P7_TA(2009)0014
European Parliament legislative resolution of 17 September 2009 on the proposal for a Council regulation derogating from Regulation (EC) No 1234/2007 (‘Single CMO’ Regulation) as regards the 2009 and 2010 intervention periods for butter and skimmed milk powder (COM(2009)0354 – C7-0103/2009 – 2009/0094(CNS))
2010/C 224 E/22
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2009)0354),
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0103/2009),
having regard to Rule 55 and Rule 46(2) of its Rules of Procedure,
having regard to the report of the Committee on Agriculture and Rural Development (A7-0005/2009),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;










3.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










4.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










5.


Instructs its President to forward its position to the Council and the Commission.










TEXT PROPOSED BY THE COMMISSION


AMENDMENT





Amendment 1






Proposal for a regulation


Article 2 a (new)





 



Article 2a


Amendment to Regulation (EC) No 72/2009



Point (8) of Article 4 of Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 (1) shall be deleted.








(1)  

OJ L 30, 31.1.2009, p. 1.