do-me/EUR-LEX huggingface dataset:
Case C-501/08 P: Order of the Court of 24 September 2009 — Município de Gondomar v Commission of the European Communities (Appeal — Cohesion Fund — Regulation (EC) No 1164/94 — Cancellation of Community financial assistance — Action for annulment — Admissibility — Measures of direct and individual concern to the applicant)
Date: 2009-09-24
Institutions: Court of Justice
Subjects: Cohesion Fund, European Commission, Portugal, appeal, balance of payments assistance, decontamination, fraud, redemption








C_2010011EN.01001002.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/10





Order of the Court of 24 September 2009 — Município de Gondomar v Commission of the European Communities
(Case C-501/08 P) (1)

(Appeal - Cohesion Fund - Regulation (EC) No 1164/94 - Cancellation of Community financial assistance - Action for annulment - Admissibility - Measures of direct and individual concern to the applicant)
2010/C 11/17
Language of the case: Portuguese

Parties


Appellant: Município de Gondomar (represented by: J.L. da Cruz Vilaça and L. Pinto Monteiro, advogados)

Other party to the proceedings: Commission of the European Communities (represented by: P. Guerra e Andrade and B. Conte, Agents)

Re:

Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 10 September 2008 in Case T-324/06 Município de Gondomar v Commission in which the Court of First Instance declared inadmissible the action for annulment of Commission Decision C(2006) 3782 of 16 August 2006 on the cancellation of the financial assistance granted by the Cohesion Fund for Project No 95/10/61/017 — Redevelopment of Greater Oporto/South — Gondomar subsystem

Operative part of the order







1.


The appeal is dismissed.










2.


The Município de Gondomar shall pay the costs.






(1)  OJ C 19, 24.01.2009.
Commission Regulation (EC) No 876/2009 of 24 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-24
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit








L_2009253EN.01000101.xml










25.9.2009   


EN


Official Journal of the European Union


L 253/1








            COMMISSION REGULATION (EC) No 876/2009
of 24 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 25 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 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 


33,2 




TR 


125,5 




ZZ 


79,4 




0709 90 70 


TR 


113,3 




ZZ 


113,3 




0805 50 10 


AR 


96,7 




CL 


106,0 




TR 


84,3 




UY 


117,8 




ZA 


83,1 




ZZ 


97,6 




0806 10 10 


EG 


104,8 




IL 


111,8 




TR 


95,7 




ZZ 


104,1 




0808 10 80 


AR 


62,2 




BR 


83,8 




CL 


99,4 




NZ 


80,2 




US 


79,8 




ZA 


76,8 




ZZ 


80,4 




0808 20 50 


AR 


81,8 




CN 


48,1 




TR 


108,5 




US 


161,5 




ZA 


70,1 




ZZ 


94,0 




0809 30 


TR 


127,1 




ZZ 


127,1 




0809 40 05 


TR 


90,9 




ZZ 


90,9 






(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 F-36/08: Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Schell v Commission (Staff case — Officials — Promotion — Allocation of promotion points by Directors-General — 2007 promotion procedure)
Date: 2009-09-24
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), promotion, report








C_2009267EN.01008401.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/84





Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Schell v Commission
(Case F-36/08) (1)

(Staff case - Officials - Promotion - Allocation of promotion points by Directors-General - 2007 promotion procedure)
2009/C 267/151
Language of the case: French

Parties


Applicant: Arno Schell (Brussels, Belgium) (represented by: F.Frabetti, lawyer)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Staff case — Annulment of the applicant’s career development report for the period from 1 January 2006 to 31 December 2006 and annulment of his 2007 promotion report

Operative part of the judgment

The Tribunal:






1.


dismisses the action;










2.


orders Mr Schell to pay all of the costs.






(1)  OJ C 142, 7/6/2008, p. 40.
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
Date: 2009-09-24
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, exchange of information, maritime shipping, maritime transport, tax exemption








C_2009230EN.01001701.xml










24.9.2009   


EN


Official Journal of the European Union


C 230/17





Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
2009/C 230/07
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


31.3.2009




Case number


:


65913




EFTA State


:


Norway




Title


:


Norwegian Special Tax System for Shipping — Amendments




Legal basis


:


Article 61(3)(c) EEA




Type of measure


:


Aid scheme




Objective


:


Promotion of the maritime sector




Form of aid


:


Tax exemptions




Budget


:


Approx. EUR 220 000 000




Duration


:


Until 2017




Economic sectors


:


Maritime transport




Name and address of the granting authority


:







Ministry of Finance




P.O. Box 8008 Dep




N-0030 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Commission Regulation (EC) No 879/2009 of 24 September 2009 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009
Date: 2009-09-24
Institutions: European Commission
Subjects: CCT duties, Portugal, Spain, award of contract, import, maize, sorghum, tariff reduction








L_2009253EN.01000701.xml










25.9.2009   


EN


Official Journal of the European Union


L 253/7








            COMMISSION REGULATION (EC) No 879/2009
of 24 September 2009
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009


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 144(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened by Commission Regulation (EC) No 676/2009 (2).












(2)


Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For tenders lodged from 11 to 24 September 2009 under the invitation to tender issued in Regulation (EC) No 676/2009, the maximum reduction in the duty on maize imported shall be EUR 30,25 EUR/t for a total maximum quantity of 25 000 t.


Article 2
This Regulation shall enter into force on 25 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 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 196, 28.7.2009, p. 6.

(3)  
            OJ L 340, 19.12.2008, p. 57.
2009/745/EC: Council Decision of 24 September 2009 appointing four Czech members and seven Czech alternate members of the Committee of the Regions
Date: 2009-09-24
Institutions: Council of the European Union
Subjects: Czechia, European Committee of the Regions, appointment of members








L_2009265EN.01004001.xml










9.10.2009   


EN


Official Journal of the European Union


L 265/40








            COUNCIL DECISION
         
of 24 September 2009
         
appointing four Czech members and seven Czech alternate members of the Committee of the Regions
(2009/745/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Czech Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


Four members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr Stanislav JURÁNEK, Mr Josef PAVEL, Mr Evžen TOŠENOVSKÝ and Mr Jan ZAHRADNÍK. Seven alternate members' seats have become vacant following the end of the term of office of Mr Petr BENDL, Mr Pavel HORÁK, Mr Miloš VYSTRČIL, Mr Rostislav VŠETEČKA, Mr Jiří ŠULC, Mr Petr SKOKAN and Mr Petr ZIMMERMANN,





HAS DECIDED AS FOLLOWS:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:






(a)


as members:






—


Mr Stanislav EICHLER, President of Liberec Region,










—


Mr Josef NOVOTNÝ, President of Karlovy Vary Region,










—


Mr Jaroslav PALAS, President of Moravia-Silesia Region,










—


Mr Jiří ZIMOLA, President of South Bohemian Region,




and










(b)


as alternate members:






—


Mr Radko MARTÍNEK, President of Pardubice Region,










—


Mr Martin TESAŘÍK, President of Olomouc Region,










—


Mr David RATH, President of Central Bohemia Region,










—


Mr Jiří BĚHOUNEK, President of Vysočina Region,










—


Ms Milada EMMEROVÁ, President of Pilsen Region,










—


Mr Stanislav MIŠÁK, President of Zlín Region,










—


Mr Lubomír FRANC, President of Hradec Králové Region.










Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 24 September 2009.


For the Council


The President

M. OLOFSSON
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Case T-25/09: Order of the Court of First Instance of 24 September 2009 — Johnson & Johnson v OHIM — Simca (YourCare)
Date: 2009-09-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), trade-mark law








C_2009282EN.01006203.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/62





Order of the Court of First Instance of 24 September 2009 — Johnson & Johnson v OHIM — Simca (YourCare)
(Case T-25/09) (1)

2009/C 282/117

Language of the case: Italian

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


(1)  OJ C 69, 21.3.2009.
Case F-37/05: Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Brown v Commission (Staff case — Competition internal to the institution — Admission criteria — Members of the auxiliary staff — Rejection of candidature)
Date: 2009-09-24
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, competition (EU), equal treatment, regulations for civil servants, servant (EU)








C_2009267EN.01008301.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/83





Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Brown v Commission
(Case F-37/05) (1)

(Staff case - Competition internal to the institution - Admission criteria - Members of the auxiliary staff - Rejection of candidature)
2009/C 267/148
Language of the case: French

Parties


Applicant: Michael Brown (Overijse, Belgium) (represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities (represented by: H. Tserepa-Lacombe and K. Herrmann, acting as Agents)

Re:

Annulment of the selection board’s decision in competition COM/PB/04, competition for change of category C to B, refusing to admit the applicant to the pre-selection tests for that competition on the ground that he did not fulfil the required statutory condition at the closing date for the lodging of applications

Operative part of the judgment

The Tribunal:






1.


dismisses the action;










2.


orders the parties to bear their own costs.






(1)  OJ C 193, 6/8/2005, p. 36. (the case was initially brought before the Court of First Instance of the European Communities under Case T-208/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005)
Case T-371/09: Action brought on 24 September 2009 — Retractable Technologies. v OHIM — Abbott Laboratories (RT)
Date: 2009-09-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medical device, trade-mark law








C_2009282EN.01005501.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/55





Action brought on 24 September 2009 — Retractable Technologies. v OHIM — Abbott Laboratories (RT)
(Case T-371/09)
2009/C 282/103
Language in which the application was lodged: German

Parties


Applicant: Retractable Technologies, Inc. (Little Elm, Texas, United States of America) (represented by: K. Dröge, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Abbott Laboratories (Abbott Park IL, United States of America)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 July 2009 in Case R 1234/2008-4;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Retractable Technologies, Inc.

Community trade mark concerned: The figurative mark ‘RT’ for goods in Class 10 (Application No 4 129 037)

Proprietor of the mark or sign cited in the opposition proceedings: Abbott Laboratories

Mark or sign cited in opposition: The Spanish word mark ‘RTH’ for goods in Class 10

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no likelihood of confusion between the signs at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case T-380/09: Action brought on 24 September 2009 — Bianchin v OHIM — Grotto (GASOLINE)
Date: 2009-09-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), optical industry, trade-mark law








C_2009282EN.01006001.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/60





Action brought on 24 September 2009 — Bianchin v OHIM — Grotto (GASOLINE)
(Case T-380/09)
2009/C 282/111
Language in which the application was lodged: Italian

Parties


Applicant: Luciano Bianchin (Asolo, Italy) (represented by: G. Massa and P. Massa, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Grotto SpA (Chiuppano, Italy)

Form of order sought







—


Annul the decision of 13 July 2009 on all the grounds set out in the application and order OHIM to pay the costs;










—


order the production of the documents filed in Case Nos B 630410, 000002087/C and R1455/2008-2.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought:‘GASOLINE’ (application for registration No 2 901 064) for goods in Class 9.

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: GROTTO S.p.A.

Trade mark right of applicant for the declaration: Italian figurative mark composed of the word element ‘GAS (keep it simple)’ (registration Nos 959 343 and 876 729) for, inter alia, goods in Class 9, and figurative Community trade mark composed of the word element ‘GAS’ (No 2 867 463) for goods in Class 9.

Decision of the Cancellation Division: granted the application and declared that the registration of the Community trade mark in question was invalid.

Decision of the Board of Appeal: dismissed the appeal.

Pleas in law: Articles 8(1)(b) and 52(1)(b) of Regulation No 207/2009 are wholly inadequate.
Case C-477/08: Judgment of the Court (Seventh Chamber) of 24 September 2009 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2005/36/EC — Recognition of professional qualifications — Failure to transpose within the period prescribed)
Date: 2009-09-24
Institutions: Court of Justice
Subjects: Austria, EU law, European Commission, action for failure to fulfil an obligation, recognition of vocational training qualifications








C_2009282EN.01001301.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/13





Judgment of the Court (Seventh Chamber) of 24 September 2009 — Commission of the European Communities v Republic of Austria
(Case C-477/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Failure to transpose within the period prescribed)
2009/C 282/23
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: H. Støvlbæk and M. Adam, acting as Agents)

Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22)

Operative part of the judgment

The Court:






1.


declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, the Republic of Austria has failed to fulfil its obligations under Article 63 of that directive;










2.


orders the Republic of Austria to pay the costs.






(1)  OJ C 69, 21.3.2009.
2009/754/EC: Council Decision of 24 September 2009 appointing one Spanish member and one Spanish alternate member of the Committee of the Regions
Date: 2009-09-24
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of staff








L_2009269EN.01002501.xml










14.10.2009   


EN


Official Journal of the European Union


L 269/25








            COUNCIL DECISION
         
of 24 September 2009
         
appointing one Spanish member and one Spanish alternate member of the Committee of the Regions
(2009/754/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Juan José IBARRETXE MARKUARTU. An alternate member’s seat has become vacant following the end of the term of office of Mr Iñaki AGUIRRE ARIZMENDI,





HAS DECIDED AS FOLLOWS:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:






(a)


as member:






—


Mr Francisco Javier LÓPEZ ÁLVAREZ, Presidente del Gobierno Vasco,




and










(b)


as alternate member:






—


Mr Guillermo ECHENIQUE GONZÁLEZ, Secretario General de Acción Exterior, País Vasco.










Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 24 September 2009.


For the Council


The President

M. OLOFSSON
            





(1)  
            OJ L 56, 25.2.2006, p. 75.