do-me/EUR-LEX huggingface dataset:
Case F-78/09: Action brought on 17 September 2009 — Marcuccio v Commission
Date: 2009-09-17
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, health care








C_2009312EN.01004302.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/43





Action brought on 17 September 2009 — Marcuccio v Commission
(Case F-78/09)
2009/C 312/71
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of the Commission’s decision rejecting the applicant’s request for reimbursement of the costs incurred in Case T-18/04, which the defendant was ordered to pay by judgment of the Court of First Instance of 10 June 2008, and for an order that the defendant pay compensation for the material and non-material damage suffered by the applicant.

Form of order sought







—


Annul the decision, in whatever form, by which the defendant rejected the request of 22 September 2008;










—


annul, in so far as necessary, the decision, in whatever form, by which the complaint of 8 April 2009 was rejected;










—


order the defendant to pay to the applicant the sum of EUR 15 882,31, together with default interest at the rate of 10 % per annum, with annual capitalisation, with effect from the date of the request of 22 September 2008 to the present date, by way of compensation for the material damage suffered by the applicant as a result of the contested decision and arising in the abovementioned period;










—


order the defendant to pay to the applicant, pro bono et ex aequo, the sum of EUR 6 500,00 or such other sum as the Tribunal may consider just and equitable, by way of compensation for the non-material damage suffered by the applicant, including damage to his quality of life, as a result of the contested decision and arising in the period between the date when decision was adopted and the present;










—


order the defendant to pay to the applicant, for each day between tomorrow and the day on which the request of 22 September 2008 is granted in full and without any exception and the appropriate decisions or relevant acts, without any exception, are implemented, the sum of EUR 5 or such other sum as the Tribunal may consider just and equitable, to be paid on the first day of each month in respect of rights accrued during the previous month, by way of compensation for the damage suffered by the applicant as a result of the contested decision and arising in the abovementioned period;










—


order the defendant to repay to the applicant all costs, fees and other expenses incurred in the proceedings.
Joined Cases C-404/08 and C-409/08: Order of the Court (Fifth Chamber) of 17 September 2009 (references for a preliminary ruling from the Oberlandesgericht Naumburg, Germany) — Investitionsbank Sachsen-Anhalt — Anstalt der Norddeutschen Landesbank — Girozentrale v Bezirksrevisorin beim Landgericht Magdeburg für die Landeskasse des Landes Sachsen-Anhalt (Reference for a preliminary ruling — Manifest inadmissibility)
Date: 2009-09-17
Institutions: Court of Justice
Subjects: Germany, competition law, interpretation of the law, legal expenses, public authorities, tax exemption








C_2010011EN.01000801.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/8





Order of the Court (Fifth Chamber) of 17 September 2009 (references for a preliminary ruling from the Oberlandesgericht Naumburg, Germany) — Investitionsbank Sachsen-Anhalt — Anstalt der Norddeutschen Landesbank — Girozentrale v Bezirksrevisorin beim Landgericht Magdeburg für die Landeskasse des Landes Sachsen-Anhalt
(Joined Cases C-404/08 and C-409/08) (1)

(Reference for a preliminary ruling - Manifest inadmissibility)
2010/C 11/13
Language of the case: German

Referring court

Oberlandesgericht Naumburg, Germany

Parties to the main proceedings


Applicants: Investitionsbank Sachsen-Anhalt — Anstalt der Norddeutschen Landesbank — Girozentrale

Defendant: Bezirksrevisorin beim Landgericht Magdeburg für die Landeskasse des Landes Sachsen-Anhalt

Re:

Reference for a preliminary ruling — Oberlandesgericht Naumburg — Interpretation of Article 86 EC, in conjunction with Article 81(1)(a) and (d) and 81(2) EC — National rules granting exemption from court fees to an investment bank established by the Land

Operative part

The references for a preliminary ruling from the Oberlandesgericht Naumburg made by decisions of 1 September 2008 and 2 September 2008 are manifestly inadmissible.


(1)  OJ C 327 of 20.12.2008.
Commission Regulation (EC) No 848/2009 of 17 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-17
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009246EN.01000701.xml










18.9.2009   


EN


Official Journal of the European Union


L 246/7








            COMMISSION REGULATION (EC) No 848/2009
of 17 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 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 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 


31,8 




ZZ 


31,8 




0707 00 05 


MK 


33,6 




TR 


117,9 




ZZ 


75,8 




0709 90 70 


TR 


111,0 




ZZ 


111,0 




0805 50 10 


AR 


73,8 




CL 


134,9 




TR 


108,0 




UY 


76,3 




ZA 


89,1 




ZZ 


96,4 




0806 10 10 


EG 


137,1 




IL 


115,4 




TR 


98,2 




ZZ 


116,9 




0808 10 80 


AR 


124,5 




BR 


68,1 




CL 


58,5 




NZ 


87,6 




ZA 


75,2 




ZZ 


82,8 




0808 20 50 


CN 


70,8 




TR 


112,8 




ZA 


72,1 




ZZ 


85,2 




0809 30 


TR 


120,3 




US 


243,3 




ZZ 


181,8 




0809 40 05 


IL 


112,9 




TR 


113,9 




ZZ 


113,4 






(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-182/08: Judgment of the Court (First Chamber) of 17 September 2009 (reference for a preliminary ruling from the Bundesfinanzhof (Germany)) — Glaxo Wellcome GmbH & Co. v Finanzamt München II (Freedom of establishment and free movement of capital — Corporation tax — Acquisition of shares in a capital company — Conditions for taking into account, when determining the acquirer’s tax base, the reduction in value of the shares resulting from the dividend distribution)
Date: 2009-09-17
Institutions: Court of Justice
Subjects: company with share capital, interpretation of the law, shareholder, tax law, tax on investment income, tax relief








C_2009267EN.01001802.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/18





Judgment of the Court (First Chamber) of 17 September 2009 (reference for a preliminary ruling from the Bundesfinanzhof (Germany)) — Glaxo Wellcome GmbH & Co. v Finanzamt München II
(Case C-182/08) (1)

(Freedom of establishment and free movement of capital - Corporation tax - Acquisition of shares in a capital company - Conditions for taking into account, when determining the acquirer’s tax base, the reduction in value of the shares resulting from the dividend distribution)
2009/C 267/31
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Glaxo Wellcome GmbH & Co.

Defendant: Finanzamt München II

Re:

Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Articles 43 and 56 EC — Acquisition by a taxpayer who is entitled to a corporation tax credit of shares in a capital company which is fully taxable — National legislation providing for the taking into account, when determining the acquirer’s tax base, of depreciation of the shares by reason of the payment of dividends where the shares were acquired from a shareholder who is entitled to a corporation tax credit, but which excludes that reduction of the tax base where the shares were acquired from a shareholder who is not entitled to a tax credit of that kind

Operative part of the judgment

Article 73b of the EC Treaty (now Article 56 EC) must be interpreted as not precluding legislation of a Member State which excludes the reduction in value of shares as a result of the distribution of dividends from the basis of assessment for a resident taxpayer, where that taxpayer has acquired shares in a resident capital company from a non-resident shareholder, whereas, had the shares been acquired from a resident shareholder, such a reduction in value would have reduced the acquirer’s basis of assessment.
This applies in cases where such legislation does not exceed what is necessary to maintain a balanced allocation of the power to impose taxes between the Member States and to prevent wholly artificial arrangements which do not reflect economic reality and whose only purpose is unduly to obtain a tax advantage. It is for the national court to examine whether the legislation at issue in the main proceedings is limited to what is necessary in order to attain those objectives.


(1)  OJ C 197, 2.8.2008.
Conclusion of a Partnership and Cooperation Agreement between the EC and the Republic of Tajikistan *** European Parliament legislative resolution of 17 September 2009 on the proposal for a Council and Commission decision on the conclusion of a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (12475/2004 – 11803/2004 – C6-0118/2005 – 2004/0176(AVC))
Date: 2009-09-17
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: EAEC, Tajikistan, common commercial policy, cooperation agreement (EU)








CE2010224EN.01005501.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/55





Thursday 17 September 2009Conclusion of a Partnership and Cooperation Agreement between the EC and the Republic of Tajikistan ***
P7_TA(2009)0018
European Parliament legislative resolution of 17 September 2009 on the proposal for a Council and Commission decision on the conclusion of a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (12475/2004 – 11803/2004 – C6-0118/2005 – 2004/0176(AVC))
2010/C 224 E/24
(Assent procedure)

The European Parliament,
having regard to the proposal for a Council and Commission decision (COM(2004)0521),
having regard to the draft Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (12475/2004 and 11803/2004),
having regard to the request for assent submitted by the Council pursuant to the second subparagraph of Article 300(3) of the EC Treaty and to Article 44(2), the last sentence of Article 47(2), Articles 55 and 57(2), point 3 of the first paragraph of Article 63, and Articles 71, 80(2), 93, 94, 133 and 181a thereof (C6-0118/2005),
having regard to Article 101 of the Euratom Treaty,
having regard to Rules 81 and 90(8) of its Rules of Procedure,
having regard to the recommendation of the Committee on Foreign Affairs (A7-0007/2009),






1.


Gives its assent to conclusion of the agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the Republic of Tajikistan.
Case C-309/08: Order of the President of the Court of 17 September 2009 — Commission of the European Communities v Republic of Poland
Date: 2009-09-17
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, administrative transparency, electronic mail, regulation of telecommunications, transmission network








C_2010011EN.01001903.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 Republic of Poland
(Case C-309/08) (1)

2010/C 11/33

Language of the case: Polish

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


(1)  OJ C 247, 27.9.2008.
Non-opposition to a notified concentration (Case COMP/M.5603 — ENI/TEC) Text with EEA relevance
Date: 2009-09-17
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, natural gas, petroleum, supplies contract








C_2009224EN.01000101.xml










17.9.2009   


EN


Official Journal of the European Union


C 224/1





Non-opposition to a notified concentration
(Case COMP/M.5603 — ENI/TEC)
(Text with EEA relevance)
2009/C 224/01
On 10 September 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 Italian language 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 32009M5603. EUR-Lex is the on-line access to the European law.
Case C-242/06: Judgment of the Court (First Chamber) of 17 September 2009 (reference for a preliminary ruling from the Raad van State (Netherlands)) — Minister voor Vreemdelingenzaken en Integratie v T. Sahin (EEC-Turkey Association Agreement — Freedom of movement for workers — Introduction of administrative charges for obtaining a residence permit in the host Member State — Infringement of the standstill clause in Article 13 of Decision No 1/80 of the Association Council)
Date: 2009-09-17
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), interpretation of the law, migrant worker, residence permit, stamp duty








C_2009267EN.01000801.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/8





Judgment of the Court (First Chamber) of 17 September 2009 (reference for a preliminary ruling from the Raad van State (Netherlands)) — Minister voor Vreemdelingenzaken en Integratie v T. Sahin
(Case C-242/06) (1)

(EEC-Turkey Association Agreement - Freedom of movement for workers - Introduction of administrative charges for obtaining a residence permit in the host Member State - Infringement of the standstill clause in Article 13 of Decision No 1/80 of the Association Council)
2009/C 267/13
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Minister voor Vreemdelingenzaken en Integratie

Defendant: T. Sahin

Re:

Reference for a preliminary ruling — Raad van State (Netherlands) — Interpretation of Article 13 of Decision No 1/80 of 19 September 1980 concerning the development of the Association, adopted by the Association Council established by the Association Agreement between the European Economic Community and Turkey, read in conjunction with Article 59 of the Additional Protocol, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1972 L 293, p. 1) — Obligation to pay administrative charges for the processing of the application for extension of a residence permit — Application not lodged in good time

Operative part of the judgment

Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, must be interpreted as precluding the introduction, from the entry into force of that decision in the Member State concerned, of national legislation, such as that at issue in the main proceedings, which makes the granting of a residence permit or an extension of the period of validity thereof conditional on payment of administrative charges, where the amount of those charges payable by Turkish nationals is disproportionate as compared with the amount required from Community nationals.


(1)  OJ C 212, 2.9.2006.
Case T-365/09: Action brought on 17 September 2009 — Michalakopoulou Ktimatiki Touristiki v OHIM — Free (FREE)
Date: 2009-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), book trade, pulp and paper industry, trade-mark law








C_2009267EN.01008101.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/81





Action brought on 17 September 2009 — Michalakopoulou Ktimatiki Touristiki v OHIM — Free (FREE)
(Case T-365/09)
2009/C 267/144
Language in which the application was lodged: English

Parties


Applicants: Michalakopoulou Ktimatiki Touristiki AE (Athens, Greece) (represented by: A. Koliothomas and K. Papadiamantis, lawyers)

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

Other party to the proceedings before the Board of Appeal: Free SAS (Paris, France)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 June 2009 in case R 1346/2008-1;










—


Dismiss the opposition;










—


Order the defendant to bear the costs before the Court of First Instance; and










—


Order the other party to the proceedings before the Board of Appeal to bear the costs incurred in such proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “FREE”, for goods in class 16

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: French trade mark registration of the word mark “FREE” for services in class 38; French trade mark registration of the figurative mark “FREE — LA LIBERTÉ N’A PAS DE PRIX” for services in classes 35 and 38

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the Community trade mark application in its entirety

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; infringement of Article 75 of Council Regulation 207/2009 as the Board of Appeal failed to state reasons for its finding that there was similarity between the goods in class 16 covered by the Community trade mark concerned and services in class 38 covered by the earlier trade mark.
Case C-520/07 P: Judgment of the Court (First Chamber) of 17 September 2009 — Commission of the European Communities v MTU Friedrichshafen GmbH (Appeals — Restructuring aid — Decision ordering the recovery of aid incompatible with the common market — Article 13(1) of Regulation (EC) No 659/1999 — Joint and several liability)
Date: 2009-09-17
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), State aid, action for annulment (EU), aid recipient, industrial cooperation, know-how, redemption








C_2009267EN.01001401.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/14





Judgment of the Court (First Chamber) of 17 September 2009 — Commission of the European Communities v MTU Friedrichshafen GmbH
(Case C-520/07 P) (1)

(Appeals - Restructuring aid - Decision ordering the recovery of aid incompatible with the common market - Article 13(1) of Regulation (EC) No 659/1999 - Joint and several liability)
2009/C 267/23
Language of the case: German

Parties


Appellant: Commission of the European Communities (represented by: K. Gross and B. Martenczuk, acting as Agents)

Other party to the proceedings: MTU Friedrichshafen GmbH (represented by: Th. Lübbig and M. le Bell, Rechtsanwälte)

Re:

Appeal brought against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) delivered on 12 September 2007 in Case T-196/02 MTU Friedrichshafen v Commission, in which the Court of First Instance annulled Article 3(2) of Commission Decision 2002/898/EC of 9 April 2002 on the State aid implemented by Germany for SKL Motoren- und Systembautechnik GmbH, in so far as it orders MTU Friedrichshafen GmbH to repay jointly and severally a sum of EUR 2,71 million — Limits and conditions on the application of Article 13(1) of Council Regulation (EC) No 659/1999 of 22 March 1999, allowing the Commission to adopt a final decision finding aid to be incompatible with the common market on the basis of the information available if a Member State fails to comply with an information injunction

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Commission of the European Communities to pay the costs.






(1)  OJ C 22, 26.1.2008.