do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 July 2009 regarding a draft decision relating to Case COMP/39.401 — E.ON/GDF (2) — Rapporteur: Denmark
Date: 2009-10-16
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), economic concentration, fine, gas pipeline, gas supply, merger control, natural gas, opinion (EU), restriction on competition








C_2009248EN.01000301.xml










16.10.2009   


EN


Official Journal of the European Union


C 248/3





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 3 July 2009 regarding a draft decision relating to Case COMP/39.401 — E.ON/GDF (2)
Rapporteur: Denmark
2009/C 248/03






1.


The Advisory Committee agrees with the Commission’s reasoning on the calculation of sales and on the basic amount of the fines.










2.


The Advisory Committee agrees with the Commission on the periods to be taken into account for imposing the fines, as being:






(a)


E.ON Ruhrgas: jointly and severally with E.ON: the period from 1 January 2003 until 30 September 2005, i.e. 2 years and 9 months.










(b)


E.ON Ruhrgas: from end of April 1998 as far as Germany is concerned and for the period from 10 August 2000 as far as France is concerned until 30 September 2005, i.e. 7 years and 5 months in Germany and 5 years, 1 month and 20 days in France.










(c)


GDF Suez: from the end of April 1998 as far as Germany in concerned and for the period from 10 August 2000 as far as France is concerned until 30 September 2005, i.e. 7 years and 5 months in Germany and 5 years, 1 month and 20 days in France.














3.


The Advisory Committee agrees with the Commission’s assessment on the mitigating and aggravating circumstances.










4.


The Advisory Committee agrees with the cap that the Commission applies and on the final amount of the fines.










5.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case F-82/09: Action brought on 16 October 2009 — Nolin v Commission
Date: 2009-10-16
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European Commission, action by staff, indemnification, promotion, rights of civil servants, rights of the defence, staff assessment








C_2009297EN.01003701.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/37





Action brought on 16 October 2009 — Nolin v Commission
(Case F-82/09)
2009/C 297/57
Language of the case: French

Parties


Applicant: Michel Nolin (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for annulment of the decision of the appointing authority of 19 December 2008 concerning the withdrawal of the applicant’s promotion points and priority points.

Form of order sought







—


Annul the decision of the Director General of DG Admin of 19 December 2008;










—


Order the Commission to pay to the applicant the sum of EUR 3 000 as damages to make good the non-material loss which he suffered as a result of its injurious and vexatious behaviour and the infringement of the principle of legitimate expectations which led to a failure to take account of his right to an effective remedy;










—


Order the defendant to pay the costs.
Case T-417/09: Action brought on 16 October 2009 — Poslovni Sistem Mercator v OHIM — Mercator Multihull (MERCATOR STUDIOS)
Date: 2009-10-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), industrial product, research and development, trade-mark law, vehicle








C_2009297EN.01003301.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/33





Action brought on 16 October 2009 — Poslovni Sistem Mercator v OHIM — Mercator Multihull (MERCATOR STUDIOS)
(Case T-417/09)
2009/C 297/50
Language in which the application was lodged: English

Parties


Applicants: Poslovni Sistem Mercator, d.d. (Ljubljana, Slovenia) (represented by: M. Curell Aguila and J. Güell Serra, lawyers)

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

Other party to the proceedings before the Board of Appeal: Mercator Multihull, Inc. (Vancouver, Canada)

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 1031/2008-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark “MERCATOR STUDIOS”, for goods in class 42

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: Slovenian trade mark registrations of the figurative mark “Mercator” registered for services in classes 35, 36, 39, 41 and 42, and for goods in classes 1-6, 8-11, 13-34; Slovenian trade mark registration of the figurative marks “Mercator Slovenska Košarica” registered for goods and services in classes 1-6, 8-11, 13-34, 39, 41, 43 and 44; International registrations of the mark “Mercator”, for goods in classes 1-6, 8-11, 13, 14, 16-18, 20-33, and for services in classes 36, 41 and 42

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 40/94 (which became Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009) as the Board of Appeal failed to make a global analysis of the relevant factors and instead rejected the opposition on the basis that the services are different, and incorrectly assessed the ground of opposition based on the latter legal provision.
Case C-402/09: Reference for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 16 October 2009 — Ioan Tatu v Romanian State represented by the Ministerul Finanțelor și Economiei, Direcția Generală a Finanțelor Publice Sibiu, Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu, Ministerul Mediului
Date: 2009-10-16
Institutions: Court of Justice
Subjects: Romania, anti-discriminatory measure, environmental tax, infringement of EU law, interpretation of the law, motor vehicle, national law








C_2010024EN.01001902.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/19





Reference for a preliminary ruling from the Tribunalul Sibiu (Romania) lodged on 16 October 2009 — Ioan Tatu v Romanian State represented by the Ministerul Finanțelor și Economiei, Direcția Generală a Finanțelor Publice Sibiu, Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu, Ministerul Mediului
(Case C-402/09)
2010/C 24/32
Language of the case: Romanian

Referring court

Tribunalul Sibiu

Parties to the main proceedings


Applicant: Ioan Tatu

Defendants: Romanian State, represented by the Ministerul Finanțelor și Economiei, Direcția Generală a Finanțelor Publice Sibiu, Administrația Finanțelor Publice Sibiu, Administrația Fondului pentru Mediu, Ministerul Mediului

Question referred

Are the provisions of OUG No 50/2008 [introducing a pollution tax for motor vehicles] (1), as subsequently amended (by OUG No 208/2008 (2) and OUG No 218/2008 (3)), contrary to the provisions of Article 90 of the EC Treaty, and do they constitute a measure which is manifestly discriminatory?


(1)  OUG No 50/2008 introducing a pollution tax for motor vehicles, M.Of. No 237, 25.4.2008.

(2)  OUG No 208/2008 implementing certain measures concerning the pollution tax for motor vehicles, M. Of. No 825, 8.12.2008.

(3)  OUG No 836 amending the Ordonanța de urgență a Guvernului No 50/2008 on the introduction of the pollution tax for motor vehicles, M Of. No 836, 11.12.2008.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 26 June 2009 regarding a draft decision relating to Case COMP/39.401 — E.ON/GDF (1) — Rapporteur: Denmark
Date: 2009-10-16
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), economic concentration, fine, gas pipeline, gas supply, merger control, natural gas, opinion (EU), restriction on competition








C_2009248EN.01000201.xml










16.10.2009   


EN


Official Journal of the European Union


C 248/2





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 26 June 2009 regarding a draft decision relating to Case COMP/39.401 — E.ON/GDF (1)
Rapporteur: Denmark
2009/C 248/02






1.


The Advisory Committee agrees with the Commission's assessment of the facts as agreements and/or concerted practises within the meaning as Article 81 of the Treaty as expressed in its draft Decision and communicated to the Advisory Committee on 12 June 2009.










2.


The Advisory Committee agrees with the Commission that the complex of the agreements and/or concerted practices constitute a single and continuous infringement for the time frame in which it existed.










3.


The Advisory Committee agrees with the Commission that the agreements and/or concerted practises have as object a restriction of competition.










4.


The Advisory Committee agrees with the Commission’s assessment of the duration of the infringement, as being:






I.


For both GDF Suez and E.ON, jointly and severally with E.ON Ruhrgas:






(a)


as far as Germany is concerned: from 1 January 1980 until 30 September 2005, i.e. 25 years and 9 months;










(b)


as far as France is concerned: from 10 August 2000 until 30 September 2005, i.e. 5 years, 1 month and 20 days.














II.


For E.ON: from 1 January 2003 until 30 September 2005, i.e. 2 years and 9 months.














5.


The Advisory Committee agrees with the Commission draft decision as regards the conclusion, that the agreements and concerted practices between the companies were liable to affect trade between Member States.










6.


The Advisory Committee agrees with the Commission draft decision as regards the addressees of the decision, especially with reference to the imputation of liability to legal predecessors, i.e. companies acquiring control of or merging with companies of the groups concerned.










7.


The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.










8.


The Advisory Committee asks the Commission to take into account any other points raised under the discussions.










9.


The Advisory Committee recommend the publication of its opinion in the Official Journal of the European Union.
Euro exchange rates
Date: 2009-10-16
Institutions: European Commission
Subjects: euro, exchange rate








C_2009248EN.01000101.xml










16.10.2009   


EN


Official Journal of the European Union


C 248/1





Euro exchange rates (1)

15 October 2009
2009/C 248/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4864




JPY


Japanese yen


134,07




DKK


Danish krone


7,4439




GBP


Pound sterling


0,91470




SEK


Swedish krona


10,3355




CHF


Swiss franc


1,5132




ISK


Iceland króna


 




NOK


Norwegian krone


8,3350




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,872




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


268,00




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7088




PLN


Polish zloty


4,2225




RON


Romanian leu


4,2963




TRY


Turkish lira


2,1520




AUD


Australian dollar


1,6214




CAD


Canadian dollar


1,5360




HKD


Hong Kong dollar


11,5196




NZD


New Zealand dollar


2,0027




SGD


Singapore dollar


2,0698




KRW


South Korean won


1 716,27




ZAR


South African rand


10,8403




CNY


Chinese yuan renminbi


10,1502




HRK


Croatian kuna


7,2550




IDR


Indonesian rupiah


13 884,77




MYR


Malaysian ringgit


4,9921




PHP


Philippine peso


68,850




RUB


Russian rouble


43,7510




THB


Thai baht


49,794




BRL


Brazilian real


2,5450




MXN


Mexican peso


19,4889




INR


Indian rupee


68,7980






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 971/2009 of 16 October 2009 on the issuing of import licences for applications lodged during the first seven days of October 2009 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat
Date: 2009-10-16
Institutions: European Commission
Subjects: Brazil, Thailand, import licence, import policy, originating product, poultrymeat, tariff quota, third country








L_2009273EN.01000501.xml










17.10.2009   


EN


Official Journal of the European Union


L 273/5








            COMMISSION REGULATION (EC) No 971/2009
of 16 October 2009
         
on the issuing of import licences for applications lodged during the first seven days of October 2009 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas for poultry meat originating in Brazil, Thailand and other third countries (3), and in particular Article 5(5) thereof,

Whereas:







(1)


Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultry meat sector.












(2)


The applications for import licences lodged during the first seven days of October 2009 for the subperiod 1 January to 31 March 2010 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for.





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod 1 January to 31 March 2010 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 17 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 142, 5.6.2007, p. 3.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2010-31.3.2010
(%)




1


09.4211


0,391598 




5


09.4215


9,859228 




7


09.4217


86,483977
Case C-399/09: Reference for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 16 October 2009 — Marie Landtová v Česká správa sociálního zabezbečení
Date: 2009-10-16
Institutions: Court of Justice
Subjects: Czechia, Czechoslovakia, Slovakia, insurance, interpretation of the law, social legislation, social security, wage earner, worker (EU)








C_2010024EN.01001901.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/19





Reference for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 16 October 2009 — Marie Landtová v Česká správa sociálního zabezbečení
(Case C-399/09)
2010/C 24/31
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: Marie Landtová

Defendant: Česká správa sociálního zabezbečení

Questions referred







1.


Must point 6 in Part A of Annex III in connection with Article 7(2)(c) of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, (1) according to which the criterion for determining the successor state competent to take into account the insurance period completed by employed persons up to 31 December 1992 in the social security system of the former Czech and Slovak Federal Republic is to remain applicable, be interpreted as precluding the application of a rule of national law according to which a Czech social security institution is to take into account fully, with regard to the entitlement to a benefit and the fixing of the amount thereof, the insurance period completed in the territory of the former Czech and Slovak Federal Republic up to 31 December 1992, even though, according to the above mentioned criterion, it is a social security institution of the Slovak Republic which is competent to take it into account?










2.


If the first question is answered in the negative, must Article 12 of the Treaty establishing the European Community in conjunction with Articles 3(1), 10 and 46 of the Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community be interpreted as precluding that the insurance period completed in the social security system of the former Czech and Slovak Federal Republic up to 31 December 1992, which has already been taken into account once to the same extent for benefit purposes in the social security system of the Slovak Republic, be, pursuant to the above mentioned national rule, taken fully into account, with regard to the entitlement to old age benefit and the fixing of the amount thereof, only in respect of nationals of the Czech Republic resident in its territory?






(1)  OJ, English Special Edition 1971 (II), p. 416.
Commission Regulation (EC) No 969/2009 of 16 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-16
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009273EN.01000101.xml










17.10.2009   


EN


Official Journal of the European Union


L 273/1








            COMMISSION REGULATION (EC) No 969/2009
of 16 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 17 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 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 


56,0 




MK 


25,8 




TR 


91,0 




ZZ 


57,6 




0707 00 05 


TR 


134,7 




ZZ 


134,7 




0709 90 70 


TR 


108,9 




ZZ 


108,9 




0805 50 10 


AR 


83,1 




CL 


83,5 




TR 


81,3 




US 


56,3 




ZA 


64,5 




ZZ 


73,7 




0806 10 10 


BR 


211,4 




EG 


80,3 




TR 


118,0 




US 


205,1 




ZZ 


153,7 




0808 10 80 


AU 


175,3 




CL 


86,9 




CN 


78,3 




MK 


16,1 




NZ 


83,2 




US 


96,2 




ZA 


77,9 




ZZ 


87,7 




0808 20 50 


CN 


54,0 




TR 


85,0 




ZA 


89,8 




ZZ 


76,3 






(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-84/09: Action brought on 16 October 2009 — Larue and Seigneur v European Central Bank
Date: 2009-10-16
Institutions: Civil Service Tribunal
Subjects: European Central Bank, European official, action for annulment (EU), damages, pay








C_2009312EN.01004402.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/44





Action brought on 16 October 2009 — Larue and Seigneur v European Central Bank
(Case F-84/09)
2009/C 312/73
Language of the case: French

Parties


Applicants: Emmanuel Larue and Olivier Seigneur (Frankfurt-am-Main, Germany) (represented by: L. Levi, lawyer)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Application for annulment of the applicants’ pay slips for January 2009.

Form of order sought







—


annul the pay slip for January 2009;










—


to the extent necessary, annul the decisions, dated 20 April 2009 and 6 August 2009 respectively, rejecting the applicants’ requests for re-consideration and the complaints submitted by them;










—


by way of measures of organisation of procedure, call upon the defendant to produce its administrative file and, at very least, the documents originating from DG-H which were submitted to the Executive Board concerning the General Salary Adjustment (GSA) for 2009, the Executive Board's proposal for GSA for 2009, the documents originating from DG-H which were submitted to the Governing Council concerning the GSA for 2009 and the decision of the Governing Council concerning the GSA for 2009;










—


order the defendant to pay compensation for the damage suffered by applicants consisting of EUR 5 000 for each applicant to compensate them for their loss of purchasing power since 1 January 2009 and of arrears of salary corresponding to a 1.5 % pay increase from 1 January 2009, with interest on the latter from the date at which they fall due until the date of payment. The rate of interest should be two points higher than the rate fixed by the European Central Bank for its main refinancing operations which was applicable during the period in question;










—


order the defendant to pay the costs.