do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 931/2009 of 5 October 2009 establishing a prohibition of fishing for herring in ICES subdivision 28.1 by vessels flying the flag of Estonia
Date: 2009-10-05
Institutions: European Commission
Subjects: Estonia, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2009263EN.01000501.xml










7.10.2009   


EN


Official Journal of the European Union


L 263/5








            COMMISSION REGULATION (EC) No 931/2009
of 5 October 2009
         
establishing a prohibition of fishing for herring in ICES subdivision 28.1 by vessels flying the flag of Estonia


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 1322/2008 of 28 November 2008 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (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, 5 October 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 345, 23.12.2008, p. 6.




ANNEX






No


E2/EE/BS/001




Member State


Estonia




Stock


HER/03D.RG




Species


Herring (Clupea harengus)




Zone


Sub division 28.1




Date


12.7.2009
Case F-46/09: Action brought on 5 October 2009 — V v European Parliament
Date: 2009-10-05
Institutions: Civil Service Tribunal
Subjects: European Parliament, action by staff, damages, job vacancy, medical report, personnel administration, servant (EU)








C_2010011EN.01004001.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/40





Action brought on 5 October 2009 — V v European Parliament
(Case F-46/09)
2010/C 11/76
Language of the case: French

Parties


Applicant: V (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

First, annulment of the medical opinion of physical unfitness of 18 December 2008 and, second, annulment of the decision of 19 December 2008 to withdraw the offer of employment previously made to the applicant.

Form of order sought







—


Annul the decision of 19 December 2008 by the Director of Administrative Management of Personnel withdrawing, on the ground of unfitness for employment, the offer of employment as a member of the contractual staff within the Secretariat General made to the applicant on 10 December 2008










—


Annul the medical opinion of physical unfitness of 18 December 2008 issued by the medical officer of the Parliament since that medical officer concluded that the applicant was physically unfit without even having carried out a clinical examination of the applicant and relying solely on the decision of unfitness for employment taken by the medical officer of the European Commission in 2006 which was then improperly confirmed by a medical committee, further to the application for the annulment of that Commission decision by the applicant — those decisions being challenged before the Civil Service Tribunal in the pending Case F-33/08;










—


As a consequence of those annulments, organise a real medical examination for employment with the Parliament which will not be discriminatory and re-open the post to be offered to the applicant at the DG Communication of the European Parliament;










—


Award compensation for the pecuniary and non-pecuniary damage suffered by the applicant, provisionally and fairly estimated at EUR 70 000 (with the addition of default interest to be calculated at the rates set by the European Central Bank for main refinancing transactions, plus two points, from 18 December 2008), subject to increase or reduction in the course of the proceedings;










—


Order the defendant to pay the costs.
Case C-393/09: Reference for a preliminary ruling from the Nejvyšší správní soud (Supreme Administrative Court) (Czech Republic) lodged on 5 October 2009 — Bezpečnostní softwarová asociace (Security software association) v Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic)
Date: 2009-10-05
Institutions: Court of Justice
Subjects: broadcasting, copyright, data-processing law, interpretation of the law, software, television








C_2010011EN.01001401.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/14





Reference for a preliminary ruling from the Nejvyšší správní soud (Supreme Administrative Court) (Czech Republic) lodged on 5 October 2009 — Bezpečnostní softwarová asociace (Security software association) v Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic)
(Case C-393/09)
2010/C 11/24
Language of the case: Czech

Referring court

Nejvyšší správní soud (Supreme Administrative Court) (Czech Republic)

Parties to the main proceedings


Applicant: Bezpečnostní softwarová asociace (Security software association)

Defendant: Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic)

Questions referred







1.


Should Article 1(2) of Council Directive 91/250/EEC (1) of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the copyright protection of a computer program as a work under that directive, the phrase ‘the expression in any form of a computer program’ also includes the graphic user interface of the computer program or part thereof?










2.


If the answer to the first question is in the affirmative, does television broadcasting, whereby the public is enabled to have sensory perception of the graphic user interface of a computer program or part thereof, albeit without the possibility of actively exercising control over that program, constitute making a work or part thereof available to the public within the meaning of Article 3(1) of European Parliament and Council Directive 2001/29/EC (2) of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society?






(1)  Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ 1991 L 122, p. 42).

(2)  Corrigendum to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).
Case T-394/09: Action brought on 5 October 2009 — General Bearing v OHIM (GENERAL BEARING CORPORATION)
Date: 2009-10-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009297EN.01002602.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/26





Action brought on 5 October 2009 — General Bearing v OHIM (GENERAL BEARING CORPORATION)
(Case T-394/09)
2009/C 297/39
Language of the case: English

Parties


Applicant(s): General Bearing Corp. (West Nyack, United States) (represented by: A. Dellmeier-Beschorner, lawyer)

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

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 16 July 2009 in case R 73/2009-1;










—


Order the defendant to register the Community trade mark concerned;










—


Order the defendant to pay the costs incurred in the proceedings before the court; and










—


Set a date for an oral hearing if such is deemed necessary.





Pleas in law and main arguments


Community trade mark concerned: The word mark “GENERAL BEARING CORPORATION” for goods in classes 7 and 12

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b), 7(1)(c) and 7(2) of Council Regulation 207/2009, as well as of general principles of trademark law, as the Board of Appeal wrongly found that the Community trade mark concerned is not eligible for registration due to the fact that it is a purely descriptive term.
Case C-392/09: Reference for a preliminary ruling from the Baranya Megyei Bíróság (Hungary) lodged on 5 October 2009 — Uszodaépítő Kft. v APEH Központi Hivatal Hatósági Főosztály
Date: 2009-10-05
Institutions: Court of Justice
Subjects: VAT, delivery, goods and services, interpretation of the law, invoicing, provision of services, tax relief








C_2010011EN.01001302.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/13





Reference for a preliminary ruling from the Baranya Megyei Bíróság (Hungary) lodged on 5 October 2009 — Uszodaépítő Kft. v APEH Központi Hivatal Hatósági Főosztály
(Case C-392/09)
2010/C 11/23
Language of the case: Hungarian

Referring court

Baranya Megyei Bíróság

Parties to the main proceedings


Applicant: Uszodaépítő Kft.

Defendant: APEH Központi Hivatal Hatósági Főosztály

Questions referred







1.


Is a provision of a law of a Member State, which entered into force on 1 January 2008, after the right to deduct had arisen, and which, for the purposes of the deduction of VAT paid and declared in relation to supplies of goods or services made in the 2007 financial year, requires the amendment of the content of invoices and the submission of a supplementary declaration, compatible with Articles 17 and 20 of the Sixth Directive? (1)











2.


Is the measure laid down by Paragraph 269(1) of the new VAT Law, according to which, if the requirements set out in the previous question are complied with, rights and obligations must be determined and applied in accordance with the provisions of that Law, even where they arose before the entry into force thereof, within the limitation period, compatible with the general principles of Community law, and, in particular, is it objectively justifiable, reasonable, proportionate and consistent with the principle of legal certainty?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment OJ 1997 L 145, p. 1.
Case T-386/09: Action brought on 5 October 2009 — Grúas Abril Asistencia v Commission
Date: 2009-10-05
Institutions: Court of First Instance
Subjects: advertising, appeal, family business, fine, fixing of prices, provision of services, redemption, road transport, termination of a contract








C_2009282EN.01006102.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/61





Action brought on 5 October 2009 — Grúas Abril Asistencia v Commission
(Case T-386/09)
2009/C 282/114
Language of the case: Spanish

Parties


Applicant: Grúas Abril Asistencia SL (Alicante, Spain) (represented by: R. L. García García, lawyer)

Defendant: Commission of the European Communities

Form of order sought







—


Declare that the dismissal by the Spanish competition authorities and courts of the claim of the applicant, GRUAS ABRIL ASISTENCIA SL, is contrary to Articles 81 and 82 EC.










—


In consequence, order the Commission of the European Communities, which adopted the contested approval, to provide the necessary measures and guarantees in order to bring such unlawful activity to an end, imposing the appropriate fines and penalties for such infringement, and entitle BAS HERMANOS SL to be compensated for the loss it suffered as a result of that infringement.










—


Declare, in short, that by its conduct towards its service provider, the applicant, the company MAPFRE MUTUALIDAD DE SEGUROS Y REASEGUROS A PRIMA FIJA (now known as MAPFRE SA), infringed the Spanish Law on the Protection of Competition and Articles 81 and 82 EC, by unilaterally setting the rates for the breakdown services provided, setting rates below the cost price of such services, unjustifiably and arbitrarily requiring the services to be performed subject to conditions not provided for under the contract (performance of the service using breakdown trucks displaying MAPFRE’s logo), threatening to terminate the contract if such requirements were not met, and ultimately carrying out such a threat.










—


Order the Commission to pay the costs of the present proceedings.





Pleas in law and main arguments

The applicant in the present proceedings is a family company that provides vehicle-towing services for breakdown assistance.
In its action, the applicant opposes MAPFRE SA’s conduct, allegedly in breach of the competition rules, which, in a contractual relationship for the provision of breakdown services, when required by MAPFRE or its insureds, for vehicles insured by MAPFRE, required the breakdown service to be provided, as the applicant itself states, using vehicles displaying the MAPFRE logo and the MAPFRE trade mark to be advertised completely free of charge, with rates set below the actual cost of the service provided.
In support of its action, the applicant alleges infringement of the Community and national rules on competition.
Case T-2/08: Order of the Court of First Instance of 5 October 2009 — Landesanstalt für Medien Nordrhein-Westfalen v Commission (Actions for annulment — State aid — Not individually concerned — Inadmissibility)
Date: 2009-10-05
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), control of State aid, redemption, telecommunications industry








C_2009282EN.01004702.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/47





Order of the Court of First Instance of 5 October 2009 — Landesanstalt für Medien Nordrhein-Westfalen v Commission
(Case T-2/08) (1)

(Actions for annulment - State aid - Not individually concerned - Inadmissibility)
2009/C 282/90
Language of the case: German

Parties


Applicant: Landesanstalt für Medien Nordrhein-Westfalen (Düsseldorf, Germany) (represented by: A. Rosenfeld and G.-B. Lehr, lawyers)

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

Intervener in support of the applicant: Federal Republic of Germany (represented by: M. Lumma and J. Möller, Agents)

Re:

Application for annulment of Commission Decision 2008/708/EC of 23 October 2007 on the State aid C 34/06 (ex N 29/05, ex CP 13/04) which the Federal Republic of Germany is planning to implement for the introduction of digital terrestrial television (DVB-T) in North Rhine-Westphalia (OJ 2008 L 236, p. 10).

Operative part of the order







1.


The action is dismissed as inadmissible;










2.


The Landesanstalt für Medien Nordrhein-Westfalen is ordered to bear its own costs and to pay those incurred by the Commission of the European Communities;










3.


The Federal Republic of Germany is ordered to bear its own costs.






(1)  OJ C 64, 8.3.2008.
Commission Regulation (EC) No 927/2009 of 5 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-05
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009262EN.01003601.xml










6.10.2009   


EN


Official Journal of the European Union


L 262/36








            COMMISSION REGULATION (EC) No 927/2009
of 5 October 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 6 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 October 2009.


For the Commission

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MK 


32,3 




ZZ 


32,3 




0707 00 05 


TR 


114,4 




ZZ 


114,4 




0709 90 70 


TR 


109,3 




ZZ 


109,3 




0805 50 10 


AR 


71,1 




CL 


103,4 




TR 


84,6 




UY 


88,0 




ZA 


70,3 




ZZ 


83,5 




0806 10 10 


BR 


235,1 




EG 


159,5 




TR 


94,4 




US 


152,0 




ZZ 


160,3 




0808 10 80 


BR 


63,5 




CL 


85,7 




NZ 


44,5 




US 


80,9 




ZA 


66,2 




ZZ 


68,2 




0808 20 50 


AR 


82,8 




CN 


51,8 




TR 


97,2 




ZA 


79,8 




ZZ 


77,9 






(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 T-58/08 P: Judgment of the Court of First Instance of 5 October 2009 — Commission v Roodhuijzen (Appeal — Staff case — Officials — Social security — Joint Sickness Insurance Scheme — Insurance cover for the unmarried partner of an official)
Date: 2009-10-05
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, equal treatment, health insurance, marriage








C_2009282EN.01004301.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/43





Judgment of the Court of First Instance of 5 October 2009 — Commission v Roodhuijzen
(Case T-58/08 P) (1)

(Appeal - Staff case - Officials - Social security - Joint Sickness Insurance Scheme - Insurance cover for the unmarried partner of an official)
2009/C 282/80
Language of the case: French

Parties


Appellant: Commission of the European Communities (represented by: J. Currall and D. Martin, Agents)

Other party to the proceedings: Anton Pieter Roodhuijzen (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 27 November 2007 in Case F-122/06 Roodhuijzen v Commission, not yet published in the ECR, seeking annulment of that judgment.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Commission of the European Communities to bear its own costs and to pay those incurred by Mr Anton Pieter Roodhuijzen in connection with the present instance.






(1)  OJ C 92, 12.4.2008.
Case T-401/09: Action brought on 5 October 2009 — Marcuccio v Court of Justice of the European Communities
Date: 2009-10-05
Institutions: Court of First Instance
Subjects: Civil Service Tribunal, Court of Justice of the European Union, action for annulment (EU), allowances and expenses, indemnification, judicial proceedings








C_2009297EN.01003001.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/30





Action brought on 5 October 2009 — Marcuccio v Court of Justice of the European Communities
(Case T-401/09)
2009/C 297/44
Language of the case: Italian

Parties


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

Defendant: Court of Justice of the European Communities

Form of order sought







—


Annul the decision, however framed, which constituted rejection by the defendant of the request of 24 May 2009 submitted by the applicant to the defendant;










—


annul the note dated 15 June 2009 from the Registry of the Court of Justice;










—


order the defendant to pay to the applicant the sum of EUR 10 000,00 (ten thousand Euro), or such greater or lesser sum as the Court may consider just and fair, by way of compensation for the damage suffered;










—


order the defendant to pay all the costs, disbursements and fees incurred in the proceedings.





Pleas in law and main arguments

The present action concerns the defendant’s refusal to accede to the request for compensation for the alleged damage arising from the fact that a lawyer who was no longer authorised to receive it was notified of the Commission’s appeal against a decision of the Civil Service Tribunal granting in part the form of order sought by the applicant.
In support of his claims, the applicant alleges a total failure to state reasons, breach of the duty of sound administration, infringement of provisions of law and a manifest error of assessment.
Case T-474/07: Order of the Court of First Instance of 5 October 2009 — Commission v CAE Consulting Sven Rau
Date: 2009-10-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), contract, information technology, redemption, research and development, research programme








C_2009282EN.01006202.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/62





Order of the Court of First Instance of 5 October 2009 — Commission v CAE Consulting Sven Rau
(Case T-474/07) (1)

2009/C 282/116

Language of the case: German

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


(1)  OJ C 79, 29.3.2008.