do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 916/2009 of 29 September 2009 establishing a prohibition of fishing for cod in I and IIb by vessels flying the flag of Germany
Date: 2009-09-29
Institutions: European Commission
Subjects: Germany, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2009258EN.01000901.xml










1.10.2009   


EN


Official Journal of the European Union


L 258/9








            COMMISSION REGULATION (EC) No 916/2009
of 29 September 2009
         
establishing a prohibition of fishing for cod in I and IIb by vessels flying the flag of Germany


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,


Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:







(1)


Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009.












(3)


It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2009 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 September 2009.


For the Commission

Fokion FOTIADIS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 358, 31.12.2002, p. 59.

(2)  
            OJ L 261, 20.10.1993, p. 1.

(3)  
            OJ L 22, 26.1.2009, p. 1.




ANNEX






No


20/T&Q




Member State


Germany




Stock


COD 1/2B.




Species


Cod (Gadus morhua)




Zone


I and IIb




Date


3.9.2009
Case F-64/09: Order of the Civil Service Tribunal (First Chamber) of 29 September 2009 — Labate v Commission (Staff cases — Officials — Social security — Insurance against the risk of accident and occupational disease — Occupational disease — Action for failure to act — Lack of jurisdiction of the Tribunal — Referral to the Court of First Instance)
Date: 2009-09-29
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, occupational disease, regulations for civil servants, smoking, survivor's benefit, universal health coverage








C_2010024EN.01007903.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/79





Order of the Civil Service Tribunal (First Chamber) of 29 September 2009 — Labate v Commission
(Case F-64/09)
(Staff cases - Officials - Social security - Insurance against the risk of accident and occupational disease - Occupational disease - Action for failure to act - Lack of jurisdiction of the Tribunal - Referral to the Court of First Instance)
2010/C 24/151
Language of the case: English

Parties


Applicant: Kay Labate (Tarquinia, Italy) (represented by: I. Forrester, lawyer)

Defendant: Commission of the European Communities

Re:

Application for a declaration that the Commission unlawfully failed to act insofar as it failed to take a decision on the applicant’s request for recognition that the illness from which her husband died was an occupational disease.

Operative part of the order







1.


The action registered as Case F 64/09 Labate v Commission is referred to the Court of First Instance.










2.


The costs are reserved.
Prior notification of a concentration (Case COMP/M.5584 — Belgacom/BICS/MTN) Text with EEA relevance
Date: 2009-09-29
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, service, telecommunications








C_2009234EN.01001401.xml










29.9.2009   


EN


Official Journal of the European Union


C 234/14





Prior notification of a concentration
(Case COMP/M.5584 — Belgacom/BICS/MTN)
(Text with EEA relevance)
2009/C 234/06






1.


On 21 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 the undertaking Belgacom S.A. (‘Belgacom’, Belgium) will acquire within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertaking Belgacom International Carrier Services S.A. (‘BICS’, Belgium) by way of a series of contracts resulting in sole control by Belgacom.










2.


The business activities of the undertakings concerned are:






—


for Belgacom: telecommunications operator in Belgium active in the full range of telecommunications services providing wholesale and retail services, fixed and mobile telecommunications, voice and data services mainly at national level,










—


for BICS: global carrier of voice, data and value added services to wireless and wireline and service providers. These activities include services currently carried out by BICS as a joint venture between Belgacom and Swisscom Belgium S.A. (‘Swisscom’) and international wholesale telecommunications activities (‘MTN-ICS’) which will be acquired from MTN (Dubai) Limited as a result of the proposed transactions,










—


for MTN-ICS: international telecommunications services.














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.5584 — Belgacom/BICS/MTN, 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-18/05 RENV: Order of the Civil Service Tribunal of 29 September 2009 — D v Commission
Date: 2009-09-29
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), disability insurance, occupational disease, reassignment








C_2009282EN.01006701.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/67





Order of the Civil Service Tribunal of 29 September 2009 — D v Commission
(Case F-18/05 RENV) (1)

2009/C 282/128

Language of the case: French

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


(1)  OJ C 155, 25.6.2005, p. 25.
Joined Cases F-20/08, F-34/08 and F-75/08: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Aparicio, Simon and Others v Commission (Staff case — Contract staff — Recruitment — CAST 27/Relex selection procedure — Non-inclusion in the database — Neutralisation of questions — Verbal and numerical reasoning test — Equal treatment)
Date: 2009-09-29
Institutions: Civil Service Tribunal
Subjects: EPSO, European Commission, action by staff, appointment of staff, competition (EU), contract staff, professional qualifications








C_2010024EN.01007303.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/73





Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Aparicio, Simon and Others v Commission
(Joined Cases F-20/08, F-34/08 and F-75/08) (1)

(Staff case - Contract staff - Recruitment - CAST 27/Relex selection procedure - Non-inclusion in the database - Neutralisation of questions - Verbal and numerical reasoning test - Equal treatment)
2010/C 24/135
Language of the case: French

Parties


Applicants: Jorge Aparicio (Antiguo Cuscatlan, El Salvador) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers) (Case F-20/08)
and
Anne Simon (Nouackhott, Mauritania) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E.Marchal, lawyers) (Case F-34/08)
and
Jorge Aparicio, (Antiguo Cuscatlan, El Salvador) and Others (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers) (Case F-75/08)

Defendant: Commission of the European Communities (represented by: J. Currall and B. Eggers, Agents)

Re:

Annulment of the decision of EPSO not to include the applicants’ names on the list of successful candidates and in the database for the CAST 27/Relex recruitment procedure.

Operative part of the judgment

The Tribunal:






1.


Dismisses the actions in F-20/08, F-34/08 and F-75/08;










2.


Orders Mr Aparicio and the other applicants whose names are listed in the Annex under Nos 1 to 18 to pay the costs in Case F-20/08 and nineteen forty-sixths of the costs in Case F-75/08. Orders Ms Simon to pay the costs in Case F-34/08 and one forty-sixth of the costs in Case F-75/08. Orders the applicants whose names are listed in the Annex under Nos 19 to 40 and 42 to 46 to pay twenty-six forty-sixths of the costs in Case F-75/08.






(1)  F-20/08: OJ C 92, 12.4.2008, p. 52.
F-34/08: OJ C 116, 9.5.2008, p. 36.
F-75/08: OJ C 285, 8.11.2008, p. 56.
Case T-139/08: Judgment of the Court of First Instance of 29 September 2009 — The Smiley Company v OHIM (Representation of half a smiley smile) (Community trade mark — International registration designating the European Community — Figurative mark representing half a smiley smile — Absolute ground for refusal — Lack of distinctive character — Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2009-09-29
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), designs and models, trade-mark law








C_2009267EN.01006301.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/63





Judgment of the Court of First Instance of 29 September 2009 — The Smiley Company v OHIM (Representation of half a smiley smile)
(Case T-139/08) (1)

(Community trade mark - International registration designating the European Community - Figurative mark representing half a smiley smile - Absolute ground for refusal - Lack of distinctive character - Article 146(1) and Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 151(1) and Article 7(1)(b) of Regulation (EC) No 207/2009)
2009/C 267/112
Language of the case: English

Parties


Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Deutsch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 February 2008 (R 958/2007-4) concerning the international registration, designating the European Community, of the figurative mark representing half a smiley smile

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders The Smiley Company SPRL to pay the costs, including those connected with its substitution for Mr Franklin Loufrani.






(1)  OJ C 142, 7.6.2008.
Case T-377/09: Action brought on 29 September 2009 — Mövenpick-Holding AG v OHIM (PASSIONATELY SWISS)
Date: 2009-09-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009282EN.01005801.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/58





Action brought on 29 September 2009 — Mövenpick-Holding AG v OHIM (PASSIONATELY SWISS)
(Case T-377/09)
2009/C 282/108
Language in which the application was lodged: German

Parties


Applicant: Mövenpick-Holding AG (represented by: M. Taxhet, lawyer)

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

Form of order sought







—


Vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and publish the application for registration of the mark PASSIONATELY SWISS (Application No 6 701 031),










—


In the alternative, declare that Article 7(1)(b) and (c), and (2) of Regulation (EC) 40/94 does not preclude the registration of the mark, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and refer the case back to the Board of Appeal,










—


In the alternative, vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and publish the mark PASSIONATELY SWISS (Application No 6 701 031) together with the declaration of the applicant that it disclaims any exclusive right to the element SWISS,










—


In the alternative, declare that Article 7(1)(b) and (c), and (2) of Regulation (EC) 40/94 does not preclude the registration of the mark with the inclusion of the statement of the applicant, that it disclaims any exclusive right to the element SWISS, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 23 July 2009 and refer the case back to the Board of Appeal,










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘PASSIONATELY SWISS’ for goods and services in Classes 16, 35, 41, 43 and 44 (Application No 6 701 031)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation 207/2009 (1)



(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Euro exchange rates
Date: 2009-09-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2009234EN.01000601.xml










29.9.2009   


EN


Official Journal of the European Union


C 234/6





Euro exchange rates (1)

28 September 2009
2009/C 234/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4650




JPY


Japanese yen


131,15




DKK


Danish krone


7,4424




GBP


Pound sterling


0,92265




SEK


Swedish krona


10,2295




CHF


Swiss franc


1,5114




ISK


Iceland króna


 




NOK


Norwegian krone


8,5275




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,252




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


269,66




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7059




PLN


Polish zloty


4,2097




RON


Romanian leu


4,2015




TRY


Turkish lira


2,1868




AUD


Australian dollar


1,6906




CAD


Canadian dollar


1,6027




HKD


Hong Kong dollar


11,3542




NZD


New Zealand dollar


2,0548




SGD


Singapore dollar


2,0791




KRW


South Korean won


1 752,28




ZAR


South African rand


10,8810




CNY


Chinese yuan renminbi


10,0023




HRK


Croatian kuna


7,2898




IDR


Indonesian rupiah


14 255,42




MYR


Malaysian ringgit


5,0982




PHP


Philippine peso


69,758




RUB


Russian rouble


44,1120




THB


Thai baht


49,195




BRL


Brazilian real


2,6264




MXN


Mexican peso


19,8910




INR


Indian rupee


69,9590






(1)  Source: reference exchange rate published by the ECB.
Case F-125/07: Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Hau v Parliament (Staff case — Officials — Promotion — 2006 promotion exercise — Non-inclusion on the list of promoted officials — Comparative examination of the merits — Relevant threshold — Failure to take into account the fact that the official concerned was included in the reserve)
Date: 2009-09-29
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, promotion, regulations for civil servants, staff assessment








C_2010024EN.01007301.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/73





Judgment of the Civil Service Tribunal (Second Chamber) of 29 September 2009 — Hau v Parliament
(Case F-125/07) (1)

(Staff case - Officials - Promotion - 2006 promotion exercise - Non-inclusion on the list of promoted officials - Comparative examination of the merits - Relevant threshold - Failure to take into account the fact that the official concerned was included in the reserve)
2010/C 24/133
Language of the case: French

Parties


Applicant: Armin Hau (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament (represented by: K. Zejdová and S. Seyr, acting as Agents)

Re:

First, annulment of the decision of the Appointing Authority to not promote the applicant to grade B*7 for the 2006 promotion exercise and second, an application for the Appointing Authority to produce the documents concerning the comparative examination of the merits for that promotion.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the European Parliament, published on 21 November 2006, to not include Mr Hau on the list of officials promoted from grade B*6 to grade B*7 for the 2006 promotion exercise;










2.


Orders the European Parliament to pay the costs.






(1)  OJ C 79, 29.3.2008, p. 37.
Opinion of the European Central Bank of 29 September 2009 on a proposal for a Council Regulation on the introduction of the euro (CON/2009/76)
Date: 2009-09-29
Institutions: European Central Bank
Subjects: European Central Bank, codification of EU law, euro, euro area, opinion








C_2009246EN.01000101.xml










14.10.2009   


EN


Official Journal of the European Union


C 246/1






OPINION OF THE EUROPEAN CENTRAL BANK

of 29 September 2009
on a proposal for a Council Regulation on the introduction of the euro
(codified version)
(CON/2009/76)
2009/C 246/01

Introduction and legal basis

On 15 July 2009, the European Central Bank (ECB) received a request from the Council of the European Union for an opinion on a proposal for a Council Regulation on the introduction of the euro (codified version) (1) (hereinafter the ‘proposed regulation’).
The ECB’s competence to deliver an opinion is based on Article 123(4), third sentence, of the Treaty establishing the European Community. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.
The ECB generally welcomes codification of the acquis communautaire, and in particular in the field of economic and monetary union, which contributes to a clear, effective and transparent legal framework.
A specific drafting proposal is set out in the Annex accompanied by explanatory text to this effect.

Done at Frankfurt am Main, 29 September 2009.


The President of the ECB

Jean-Claude TRICHET





(1)  COM(2009) 323 final.


ANNEX

Drafting proposals







Text proposed by the Commission


Amendments proposed by the ECB (1), (2)







Amendment 1


Final provision




‘This Regulation shall be binding in its entirety and directly applicable in all Member States, in accordance with Article 249 of the Treaty, subject to the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and the Protocol on certain provisions relating to Denmark and Article 122(1) of the Treaty.’


‘This Regulation shall be binding in its entirety and directly applicable in all Member States, in accordance with Article 249 of the Treaty, subject to the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland and the Protocol on certain provisions relating to Denmark and Article 122(1) of the Treaty establishing the European Community.’





Explanation


The suggested wording follows the guidance provided by the manual of precedents for acts established within the Council of the European Union (doc. SN 1315/1/08 Rev 1, page 3), available on http://ec.europa.eu, according to which ‘This wording is to be inserted instead of the usual wording when the regulation is not applicable to, or in, all Member States (e.g. Member States not taking part in the euro…)’.






(1)  Bold in the body of the text indicates where the ECB proposes inserting new text.

(2)  Strikethrough in the body of the text indicates where the ECB proposes deleting text.