do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 964/2009 of 15 October 2009 entering a name in the register of protected designations of origin and protected geographical indications (Raviole du Dauphiné (PGI))
Date: 2009-10-15
Institutions: European Commission
Subjects: France, designation of origin, foodstuff, location of production, pasta, product designation








L_2009271EN.01000601.xml










16.10.2009   


EN


Official Journal of the European Union


L 271/6








            COMMISSION REGULATION (EC) No 964/2009
of 15 October 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Raviole du Dauphiné (PGI))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Raviole du Dauphiné’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th 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, 15 October 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 3, 8.1.2009, p. 17.




ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.7.   Pasta

FRANCE
Raviole du Dauphiné (PGI)
Case C-232/08: Judgment of the Court (Seventh Chamber) of 15 October 2009 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Regulation (EC) No 850/1998 — Article 29(2) — Restrictions on fishing for plaice — Maximum engine power of fishing vessels — Regulation (EEC) No 2847/93 — Article 2(1) — Regulation (EC) No 2371/2002 — Article 23 — Control, and enforcement of the rules)
Date: 2009-10-15
Institutions: Court of Justice
Subjects: European Commission, European standard, Netherlands, action for failure to fulfil an obligation, engine, fishing vessel, technical regulations








C_2009297EN.01001001.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/10





Judgment of the Court (Seventh Chamber) of 15 October 2009 — Commission of the European Communities v Kingdom of the Netherlands
(Case C-232/08) (1)

(Failure of a Member State to fulfil obligations - Regulation (EC) No 850/1998 - Article 29(2) - Restrictions on fishing for plaice - Maximum engine power of fishing vessels - Regulation (EEC) No 2847/93 - Article 2(1) - Regulation (EC) No 2371/2002 - Article 23 - Control, and enforcement of the rules)
2009/C 297/08
Language of the case: Dutch

Parties


Applicant: Commission of the European Communities (represented by: T. van Rijn and K. Banks, Agents)

Defendant: Kingdom of the Netherlands (represented by: M. de Grave and C. Wissels, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 29(2) of Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, Article 23 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and Article 2(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy — Fishing for plaice — Inspection and control of fishing vessels and their activities — Responsibility of the Member States

Operative part of the judgment

The Court:






1.


Declares that, by allowing fishing vessels to have a higher engine power than permitted under Article 29(2) of Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, as amended by Council Regulation (EC) No 2166/2005 of 20 December 2005, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 23 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and Article 2(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy, as amended by Council Regulation (EC) No 768/2005 of 26 April 2005;










2.


orders the Kingdom of the Netherlands to pay the costs.






(1)  OJ C 209, 15.08.2008.
Case F-83/09: Action brought on 15 October 2009 — Kalmár v Europol
Date: 2009-10-15
Institutions: Civil Service Tribunal
Subjects: European official, Europol, action by staff, dismissal, indemnification








C_2010024EN.01008001.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/80





Action brought on 15 October 2009 — Kalmár v Europol
(Case F-83/09)
2010/C 24/152
Language of the case: Dutch

Parties


Applicant: Andreas Kalmár (The Hague, The Netherlands) (represented by: D. Coppens, lawyer)

Defendant: Europol

Subject-matter and description of the proceedings

Annulment of the decisions of Europol of 4 and 24 February 2009 concerning, respectively, the applicant’s dismissal of 4 May 2009 and his suspension. In addition, the application made by the applicant for reintegration and damages for the material and non-material harm suffered.

Form of order sought







—


Annul the initial decisions of Europol of 4 and 24 February 2009 and the decision on the complaint of 18 July 2009 and order Europol to allow Mr Kalmár to resume his work there;










—


order Europol to pay compensation calculated from the date on which his contract was unduly terminated to the date on which his contract should actually have expired;










—


order Europol to pay EUR 25 000 in compensation for non-material harm suffered;










—


order Europol to pay the costs.
Commission Regulation (EC) No 962/2009 of 15 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-15
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009271EN.01000101.xml










16.10.2009   


EN


Official Journal of the European Union


L 271/1








            COMMISSION REGULATION (EC) No 962/2009
of 15 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 16 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 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 


MA 


65,6 




MK 


28,6 




TR 


98,8 




ZZ 


64,3 




0707 00 05 


TR 


133,5 




ZZ 


133,5 




0709 90 70 


TR 


113,5 




ZZ 


113,5 




0805 50 10 


AR 


85,9 




CL 


75,9 




TR 


80,5 




US 


79,7 




UY 


55,5 




ZA 


97,6 




ZZ 


79,2 




0806 10 10 


BR 


211,7 




TR 


114,6 




ZZ 


163,2 




0808 10 80 


AU 


175,3 




CL 


87,8 




CN 


78,3 




MK 


16,1 




NZ 


64,2 




US 


104,2 




ZA 


74,1 




ZZ 


85,7 




0808 20 50 


CN 


65,7 




TR 


85,0 




ZA 


89,8 




ZZ 


80,2 






(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-275/08: Judgment of the Court (Fourth Chamber) of 15 October 2009 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 93/36/EEC — Public supply contracts — Supply of software designed for motor vehicle registration — Negotiated procedure without prior publication of a contract notice)
Date: 2009-10-15
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, award of contract, data processing, invitation to tender, public contract, restriction on competition, software








C_2009297EN.01001301.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/13





Judgment of the Court (Fourth Chamber) of 15 October 2009 — Commission of the European Communities v Federal Republic of Germany
(Case C-275/08) (1)

(Failure of a Member State to fulfil obligations - Directive 93/36/EEC - Public supply contracts - Supply of software designed for motor vehicle registration - Negotiated procedure without prior publication of a contract notice)
2009/C 297/13
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: G. Wilms and D. Kukovec, Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and N. Graf Vitzthum, Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Article 6, in conjunction with Article 9, of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) — Contract for the supply of a software application designed for motor vehicle registration concluded without contracting procedures between two bodies governed by public law responsible for data-processing on behalf of local authorities

Operative part of the judgment

The Court:






1.


Declares that, by reason of the fact that the Datenzentrale Baden-Württemberg (Central Data Office of Baden-Württemberg) awarded a contract for the supply of software designed for motor vehicle registration by a negotiated procedure without publication of a contract notice, the Federal Republic of Germany has failed to fulfil its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts;










2.


orders the Federal Republic of Germany to pay the costs.






(1)  OJ C 223, 30.08.2008.
The EFTA Surveillance Authority’s notice on current State aid recovery interest rates and reference/discount rates for 3 EFTA States applicable as from 1 July 2009 (Published in accordance with Article 10 of the Authority’s Decision No 195/04/COL 14 July 2004 ( OJ L 139, 25.5.2006, p. 37 and in the EEA Supplement No 26/2006, 25.5.2006 , p. 1))
Date: 2009-10-15
Institutions: EFTA Surveillance Authority
Subjects: EFTA, EFTA countries, State aid, disclosure of information, interest








C_2009247EN.01001201.xml










15.10.2009   


EN


Official Journal of the European Union


C 247/12





The EFTA Surveillance Authority’s notice on current State aid recovery interest rates and reference/discount rates for 3 EFTA States applicable as from 1 July 2009

(Published in accordance with Article 10 of the Authority’s Decision No 195/04/COL 14 July 2004 (OJ L 139, 25.5.2006, p. 37 and in the EEA Supplement No 26/2006, 25.5.2006, p. 1))

2009/C 247/08
Base rates are calculated in accordance with the Chapter on the method for setting Reference and Discount rates of the Authority’s State aid Guidelines as amended by the Authority’s Decision No 788/08/COL of 17 December 2008. To get the applicable reference rate, appropriate margins have to be added in accordance with the State aid Guidelines. For the discount rate this means that the appropriate margin of 100 basis points has to be added to the base rate. The recovery rate will also normally be calculated by adding 100 basis points to the base rate as foreseen in the Authority’s Decision No 789/08/COL of 17 December 2008 amending the Authority’s Decision No 195/04/COL of 14 July 2004 (published in OJ L 139, 25.5.2006, p. 37 and in the EEA Supplement No 26/2006, 25.5.2006, p. 1).








 


Iceland


Liechtenstein


Norway




1.1.2009-31.1.2009


16,42


2,95


6,43




1.2.2009-28.2.2009


16,42


2,33


5,41




1.3.2009-31.3.2009


16,42


1,58


4,26




1.4.2009-30.6.2009


16,42


1,10


3,38




1.7.2009-


11,24


0,86


2,84
Special Report No 8/2009   Networks of excellence and Integrated projects in Community Research policy: did they achieve their objectives?
Date: 2009-10-15
Institutions: European Court of Auditors
Subjects: EU programme, EU research policy, European Court of Auditors, disclosure of information, project evaluation, report








C_2009247EN.01000801.xml










15.10.2009   


EN


Official Journal of the European Union


C 247/8





Special Report No 8/2009 ‘ “Networks of excellence” and “Integrated projects” in Community Research policy: did they achieve their objectives?’
2009/C 247/04
The European Court of Auditors hereby informs you that Special Report No 8/2009 ‘ “Networks of excellence” and “Integrated projects” in Community Research policy: did they achieve their objectives?’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors′ website: http://www.eca.europa.eu
A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: euraud@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case C-425/08: Judgment of the Court (Second Chamber) of 15 October 2009 (reference for a preliminary ruling from the Conseil d’État (Belgium)) — Enviro Tech (Europe) Ltd v État belge (Environment and consumer protection — Classification, packaging and labelling of n-propyl bromide as a dangerous substance — Directive 2004/73/EC — Directive 67/548/EEC — Duty to transpose)
Date: 2009-10-15
Institutions: Court of Justice
Subjects: Belgium, animal experimentation, dangerous substance, inflammable product, interpretation of the law, principle of proportionality, toxic substance








C_2009297EN.01001402.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/14





Judgment of the Court (Second Chamber) of 15 October 2009 (reference for a preliminary ruling from the Conseil d’État (Belgium)) — Enviro Tech (Europe) Ltd v État belge
(Case C-425/08) (1)

(Environment and consumer protection - Classification, packaging and labelling of n-propyl bromide as a dangerous substance - Directive 2004/73/EC - Directive 67/548/EEC - Duty to transpose)
2009/C 297/16
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Enviro Tech (Europe) Ltd

Defendant: État belge

Re:

Reference for a preliminary ruling — Conseil d’État (Belgium) — Validity, in the light of Framework Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ, English Special Edition 1967, p. 234), in particular Annex V (point A.9) and Annex VI (point 4.2.3) thereto, of Commission Directive 2004/73/EC of 29 April 2004 adapting to technical progress for the twenty-ninth time Framework Directive 67/548/EEC (OJ 2004 L 152, p. 1) — National provisions unlawful on the ground that they transpose a directive presumed to be contrary to the framework directive — Classification of the substance called n-propyl bromide as a highly flammable and toxic substance.

Operative part of the judgment

Examination of the questions referred has shown no factor capable of affecting the validity of Directive 2004/73/EC of 29 April 2004 adapting to technical progress for the 29th time Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, in that it classifies n-propyl bromide as a highly flammable substance (R11) and toxic for reproduction in category 2 (R60).


(1)  OJ C 327, 20.10.2008.
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: 2009-10-15
Institutions: EFTA Surveillance Authority
Subjects: Iceland, State aid, control of State aid, cultural promotion, film production, redemption








C_2009247EN.01001001.xml










15.10.2009   


EN


Official Journal of the European Union


C 247/10





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 247/06
The EFTA Surveillance Authority raises no objections to the following aid measure:







Date of adoption


:


10 June 2009




Case number


:


66338




EFTA State


:


Iceland




Title


:


Amendment of the scheme — Temporary reimbursement in respect of film making in Iceland




Legal basis


:


Act No 39/2009 of 2 April 2009 amending Act No 43/1999 on Temporary Reimbursements in Respect of Film Making In Iceland




Objective


:


Promotion of cultural work for cinema or television




Form of aid


:


Direct aid




Duration


:


31 December 2011




Name and address of the granting authority


:







Icelandic Ministry of Industry Arnarhváli




150 Reykjavik




ICELAND








The authentic text of the decision, from which all confidential information has been removed, can be found at:
http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Case C-35/08: Judgment of the Court (Third Chamber) of 15 October 2009 (reference for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — Grundstücksgemeinschaft Busley and Cibrian Fernandez v Finanzamt Stuttgart-Körperschaften (Free movement of capital — Immovable property — Income tax — Deductibility of rental losses from the taxable income of a person liable to tax — Application of the decreasing-balance method of depreciation to the costs of acquisition or construction — More favourable tax treatment confined to immovable property situated on the national territory)
Date: 2009-10-15
Institutions: Court of Justice
Subjects: Germany, building, free movement of capital, interpretation of the law, property leasing, tax on income








C_2009297EN.01000701.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/7





Judgment of the Court (Third Chamber) of 15 October 2009 (reference for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — Grundstücksgemeinschaft Busley and Cibrian Fernandez v Finanzamt Stuttgart-Körperschaften
(Case C-35/08) (1)

(Free movement of capital - Immovable property - Income tax - Deductibility of rental losses from the taxable income of a person liable to tax - Application of the decreasing-balance method of depreciation to the costs of acquisition or construction - More favourable tax treatment confined to immovable property situated on the national territory)
2009/C 297/03
Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings


Applicant: Grundstücksgemeinschaft Busley and Cibrian Fernandez

Defendant: Finanzamt Stuttgart-Körperschaften

Re:

Reference for a preliminary ruling — Finanzgericht Baden-Württemberg — Interpretation of Articles 18 and 56 of the EC Treaty — National income tax legislation limiting the ability to deduct losses arising from the rental of real property to those losses relating to property located on national territory, and reserving to such property alone the application of a more favourable method of depreciation

Operative part of the judgment

Article 56 EC precludes income-tax legislation of a Member State under which natural persons who are resident and liable to unlimited taxation are entitled to have (i) losses from the letting or leasing of an immovable property deducted from the taxable amount in the year in which those losses arise, and (ii) the income from such property assessed on the basis of the application of the decreasing-balance method of depreciation, only if the property in question is situated on the territory of that Member State.


(1)  OJ C 92, 12.04.2008.