do-me/EUR-LEX huggingface dataset:
Case C-396/09: Reference for a preliminary ruling from the Tribunale ordinario di Bari (Italy) lodged on 12 October 2009 — Interedil Srl, in liquidation v Fallimento Interedil Srl, Banca Intesa Gestione Crediti Spa
Date: 2009-10-12
Institutions: Court of Justice
Subjects: EU law, Italy, financial solvency, interpretation of the law, judicial cooperation, judicial proceedings, national law








C_2009312EN.01002102.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/21





Reference for a preliminary ruling from the Tribunale ordinario di Bari (Italy) lodged on 12 October 2009 — Interedil Srl, in liquidation v Fallimento Interedil Srl, Banca Intesa Gestione Crediti Spa
(Case C-396/09)
2009/C 312/35
Language of the case: Italian

Referring court

Tribunale ordinario di Bari

Parties to the main proceedings


Applicant: Interedil Srl, in liquidation

Defendant: Fallimento Interedil Srl, Banca Intesa Gestione Crediti Spa

Question(s) referred







1.


Is the concept of ‘the centre of a debtor’s main interests’ in Article 3(1) of Regulation No 1346/2000 (1) to be interpreted in accordance with Community law or national law, and, if the former, how is that concept to be defined and what are the decisive factors or considerations for the purpose of identifying the ‘centre of main interests’?










2.


Can the presumption laid down in Article 3(1) of Regulation No 1346/2000, according to which ‘‘[i]n the case of a company. the place of the registered office shall be presumed to be the centre of its main interests in the absence of proof to the contrary’, be rebutted if it is established that the company carries on genuine business activity in a State other than that in which it has its registered office, or is it necessary, in order for the presumption to be deemed rebutted, to establish that the company has not carried on any business activity in the State in which it has its registered office?










3.


If a company has, in a Member State other than that in which it has its registered office, immovable property, a lease agreement concluded by the debtor company with another company in respect of two hotel complexes, and a contract with a banking institution, are these sufficient factors or considerations to rebut the presumption laid down in Article 3(1) of Regulation No 1346/2000 that the place of the company’s ‘registered office’ is the centre of its main interests and are such circumstances sufficient for the company to be regarded as having an ‘establishment’ within the meaning of Article 3(2) of Regulation No 1346/2000?










4.


If the ruling on jurisdiction by the Corte di Cassazione in the aforementioned Order No 10606/2005 is based on an interpretation of Article 3 of Regulation No 1346/2000 which is at variance with that of the Court of Justice of the European Communities, is the application of that provision of Community law, as interpreted by the Court of Justice, precluded by Article 382 of the Code of Civil Procedure, according to which rulings on jurisdiction by the Corte di Cassazione are final and binding?’






(1)  OJ 2000 L 160, p. 1
Commission Regulation (EC) No 949/2009 of 12 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-12
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009268EN.01000101.xml










13.10.2009   


EN


Official Journal of the European Union


L 268/1








            COMMISSION REGULATION (EC) No 949/2009
of 12 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 13 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 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 


29,1 




TR 


71,2 




ZZ 


50,2 




0707 00 05 


TR 


127,8 




ZZ 


127,8 




0709 90 70 


TR 


109,8 




ZZ 


109,8 




0805 50 10 


AR 


85,7 




CL 


80,6 




TR 


75,3 




US 


79,7 




UY 


55,5 




ZA 


78,2 




ZZ 


75,8 




0806 10 10 


BR 


195,6 




TR 


113,1 




US 


186,7 




ZZ 


165,1 




0808 10 80 


BR 


63,1 




CL 


88,2 




NZ 


77,2 




US 


80,3 




ZA 


71,4 




ZZ 


76,0 




0808 20 50 


CN 


54,7 




TR 


92,6 




ZA 


83,7 




ZZ 


77,0 






(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’.