do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 1026/2009 of 29 October 2009 correcting Regulation (EC) No 567/2009 entering a name in the register of traditional specialities guaranteed (Pierekaczewnik (TSG))
Date: 2009-10-29
Institutions: European Commission
Subjects: Poland, originating product, pastry-making, product designation








L_2009283EN.01003301.xml










30.10.2009   


EN


Official Journal of the European Union


L 283/33








            COMMISSION REGULATION (EC) No 1026/2009
of 29 October 2009
         
correcting Regulation (EC) No 567/2009 entering a name in the register of traditional specialities guaranteed (Pierekaczewnik (TSG))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,

Whereas:







(1)


An error was found in the publication of Commission Regulation (EC) No 567/2009 (2) registering the name ‘Pierekaczewnik’ as a traditional speciality guaranteed. In line with the request submitted by Poland, this name should be granted the protection provided for in Article 13(2) of Regulation (EC) No 509/2006.












(2)


Regulation (EC) No 567/2009 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Regulation (EC) No 567/2009 is hereby corrected as follows:






1.


the third recital is replaced by the following:






‘(3)


When the application for registration was submitted, the protection provided for in Article 13(2) of Regulation (EC) No 509/2006 was also requested. That protection should be granted to the name “Pierekaczewnik” in so far as, in the absence of objections, it could not be demonstrated that the use of the name is lawful, renowned and economically significant for similar agricultural products or foodstuffs.’;














2.


the following paragraph is added to Article 1:
‘The protection provided for in Article 13(2) of Regulation (EC) No 509/2006 shall apply.’;










3.


in the Annex, the following is added:

                              ‘The use of the name is reserved.’.






Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force of Regulation (EC) No 567/2009.




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


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ L 168, 30.6.2009, p. 22.
Case T-212/06: Judgment of the Court of First Instance of 29 October 2009 — Bowland Dairy Products v Commission (Action for damages — Regulation (EC) No 178/2002 — Rapid alert system — Supplementary notification — Competence of the national authorities — Commission’s opinion not binding — Modification of the subject-matter of the dispute — Inadmissibility)
Date: 2009-10-29
Institutions: Court of First Instance
Subjects: action for annulment (EU), cheese, food safety, foodstuff, marketing








C_2009312EN.01002701.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/27





Judgment of the Court of First Instance of 29 October 2009 — Bowland Dairy Products v Commission
(Case T-212/06) (1)

(Action for damages - Regulation (EC) No 178/2002 - Rapid alert system - Supplementary notification - Competence of the national authorities - Commission’s opinion not binding - Modification of the subject-matter of the dispute - Inadmissibility)
2009/C 312/43
Language of the case: English

Parties


Applicant: Bowland Dairy Products Ltd (Barrowford, Lancashire, United Kingdom) (represented by: J. Milligan, Solicitor, D. Anderson QC and A. Robertson, Barrister)

Defendant: Commission of the European Communities (represented by: P. Oliver, J.-P. Keppenne and L. Parpala, Agents)

Re:

Application, first, for annulment of the alleged refusal by the Commission to circulate, under the rapid alert system provided for in Article 50 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L 31, p. 1), a supplementary notification declaring that the United Kingdom’s Food Standards Agency was content for the curd cheese produced by the applicant to be marketed and, second, for compensation for the loss allegedly suffered by the applicant as a consequence of that refusal.

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible.










2.


Orders Bowland Dairy Products Ltd to pay the costs, including those relating to the interim proceedings.






(1)  OJ C 237, 30.9.2006.
2009/793/EC,Euratom: Council Decision of 29 October 2009 appointing the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, for the period from 1 November 2009 until 31 December 2009
Date: 2009-10-29
Institutions: Council of the European Union
Subjects: Council of the European Union, Secretary General of an Institution, appointment of staff, common foreign and security policy








L_2009283EN.01005701.xml










30.10.2009   


EN


Official Journal of the European Union


L 283/57








            COUNCIL DECISION
         
of 29 October 2009
         
appointing the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, for the period from 1 November 2009 until 31 December 2009
         
(2009/793/EC, Euratom)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,

Whereas:







(1)


The term of office of Mr Javier SOLANA MADARIAGA, Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, will end on 31 October 2009 (1).












(2)


That term of office should be renewed until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.












(3)


It is recalled that Article 6 of the Protocol on Transitional Provisions, which the Treaty of Lisbon will annex to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, provides that the term of office of the Secretary-General of the Council, High Representative for the Common Foreign and Security Policy, shall end on the date of entry into force of the Treaty of Lisbon,





HAS DECIDED AS FOLLOWS:



Article 1
Mr Javier SOLANA MADARIAGA is hereby appointed Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, for the period from 1 November 2009 until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.


Article 2
This Decision shall be notified to Mr Javier SOLANA MADARIAGA by the President of the Council.
It shall be published in the Official Journal of the European Union.




Done at Brussels, 29 October 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 277, 22.10.2009, p. 19.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty — General Block Exemption Regulation)
Date: 2009-10-29
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, aid to undertakings, control of State aid, environmental protection








C_2009259EN.01003201.xml










29.10.2009   


EN


Official Journal of the European Union


C 259/32





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty — General Block Exemption Regulation)
2009/C 259/11








Aid No


GBER 10/09/ENV




EFTA State


Norway




Region


Name of the Region (NUTS)


Regional aid status




Granting authority


Name


The Norwegian Ministry of Finance




Address
Webpage







Postboks 8008 Dep.




NO-0030 Oslo




NORWAY




http://www.regjeringen.no/fin








Title of the aid measure


Environmental aid — reduced tax rates for certain industries (steam and hot water supply).




National legal basis (Reference to the relevant national official publication)


The Parliament’s annual decision on the electricity tax, and
Provisions 11 December 2001 No 1451 on excise duties paragraph 3-12-5




Web link to the full text of the aid measure


http://websir.lovdata.no/cgi-lex/wiftsok?button=%A0+S%D8K+%A0&emne1=s%E6ravgift&emne2=&emne3=&depa=&avd=&kort=&dato=&para=&ikra=&endret=&endrer=&hjem=&gjel=&publ=&kunn=&trunker=on




Type of measure


Scheme


X




Amendment of an existing aid measure


X


EFTA Surveillance Authority aid number: 149/04/COL




Modification


X




Duration


Scheme


1.7.2009 to 1.7.2014




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


NOK 4 million




Aid instrument


Fiscal measure


X












General Objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME-bonuses in %




Aid for Environmental protection (Article 17-25)


Aid in the form of reductions in environmental taxes (Article 25)


NOK 4 million


—
Prior notification of a concentration (Case COMP/M.5641 — Apollo/Pliant) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-10-29
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, marketing, merger control, packaging








C_2009259EN.01003401.xml










29.10.2009   


EN


Official Journal of the European Union


C 259/34





Prior notification of a concentration
(Case COMP/M.5641 — Apollo/Pliant)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 259/13






1.


On 21 October 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Apollo Management, L.P. and its affiliates (‘Apollo’, US) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Pliant Corporation (‘Pliant’, US) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Apollo: investment fund,










—


for Pliant: manufacture and sales of flexible films and packaging.














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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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.5641 — Apollo/Pliant, 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.

(2)  OJ C 56, 5.3.2005, p. 32.
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: 2009-10-29
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, audiovisual production, control of State aid, cultural promotion, film production








C_2009259EN.01003101.xml










29.10.2009   


EN


Official Journal of the European Union


C 259/31





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 259/10
The EFTA Surveillance Authority raises no objections to the following aid measure:







Date of adoption of the decision


:


1 July 2009




Case number


:


66730




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Prolongation of the schemes relating to support to audiovisual productions and to support for film production companies until 31 December 2009




Legal basis


:


Regulation of 28 July 2005 on support to audiovisual productions and Regulation No 1017 of 18 September 2002 on film support to production companies.




Type of measure


:


Grants




Objective


:


Promote culture




Form of aid


:


Direct grants




Budget


:


The overall budget of the Scheme relating to support to audiovisual productions is of approximately NOK 290 million per year.
For the scheme on support to film production companies, funds are allocated through the general transfer to the Norwegian Film Fund.




Duration


:


Until 31 December 2009




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
2009/792/EC,Euratom: Council Decision of 29 October 2009 appointing the Deputy Secretary-General of the Council of the European Union for the period from 1 November 2009 until 31 December 2009
Date: 2009-10-29
Institutions: Council of the European Union
Subjects: Council of the European Union, Secretary General of an Institution, appointment of staff








L_2009283EN.01005601.xml










30.10.2009   


EN


Official Journal of the European Union


L 283/56








            COUNCIL DECISION
         
of 29 October 2009
         
appointing the Deputy Secretary-General of the Council of the European Union for the period from 1 November 2009 until 31 December 2009
         
(2009/792/EC, Euratom)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,

Whereas:







(1)


The term of office of Mr Pierre DE BOISSIEU, Deputy Secretary-General of the Council of the European Union, will end on 31 October 2009 (1).












(2)


That term of office should be renewed until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.












(3)


It is recalled that Article 6 of the Protocol on Transitional Provisions, which the Treaty of Lisbon will annex to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, provides that the term of office of the Deputy Secretary-General of the Council shall end on the date of entry into force of the Treaty of Lisbon,





HAS DECIDED AS FOLLOWS:



Article 1
Mr Pierre DE BOISSIEU is hereby appointed Deputy Secretary-General of the Council of the European Union for the period from 1 November 2009 until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.


Article 2
This Decision shall be notified to Mr Pierre DE BOISSIEU by the President of the Council.
It shall be published in the Official Journal of the European Union.




Done at Brussels, 29 October 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 277, 22.10.2009, p. 20.
Joined Cases C-522/07 and C-65/08: Judgment of the Court (Eighth Chamber) of 29 October 2009 (reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)) — Dinter GmbH v Hauptzollamt Düsseldorf (C-522/07), Europol Frost-Food GmbH v Hauptzollamt Krefeld (C-65/08) (Common Customs Tariff — Regulation (EEC) No 2658/87 — Combined Nomenclature — Tariff classification — Validity — Additional note — Apple juice concentrate)
Date: 2009-10-29
Institutions: Court of Justice
Subjects: Combined Nomenclature, fruit juice, interpretation of the law, sugar








C_2009312EN.01000201.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/2





Judgment of the Court (Eighth Chamber) of 29 October 2009 (reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)) — Dinter GmbH v Hauptzollamt Düsseldorf (C-522/07), Europol Frost-Food GmbH v Hauptzollamt Krefeld (C-65/08)
(Joined Cases C-522/07 and C-65/08) (1)

(Common Customs Tariff - Regulation (EEC) No 2658/87 - Combined Nomenclature - Tariff classification - Validity - Additional note - Apple juice concentrate)
2009/C 312/02
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicants: Dinter GmbH (C-522/07), Europol Frost-Food GmbH (C-65/08)

Defendants: Hauptzollamt Düsseldorf (C-522/07), Hauptzollamt Krefeld (C-65/08)

Re:

Reference for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation and validity of Additional Note 5(b) to Chapter 20 of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by Commission Regulation (EC) No 1810/2004 of 7 September 2004 (OJ 2004 L 327, p. 1) — Pure concentrated apple juice, with a Brix value of 66.8, not containing added sugar — Classification of that product under tariff subheading 2009 7999 (apple juice not containing added sugar) or under subheading 2106 9098 (food preparations not elsewhere specified or included) — Limits on the Commission’s powers under Article 9 of Council Regulation (EEC) No 2658/87 to specify the content of the tariff headings

Operative part of the judgment

Additional Note 5(b) to Chapter 20 of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulations (EC) No 1776/2001 of 7 September 2001, (EC) No 2031/2001 of 6 August 2001 and (EC) No 1810/2004 of 7 September 2004, amending Annex I to Regulation No 2658/87, is invalid to the extent that it excludes natural apple juice concentrate from heading 2009.


(1)  OJ C 37, 9.2.2008


OJ C 107, 26.4.2008
Case C-188/08: Judgment of the Court (Second Chamber) of 29 October 2009 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Waste — Domestic waste waters discharged through septic tanks in the countryside — Waste not covered by other legislation — Failure to transpose)
Date: 2009-10-29
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, waste management, wastewater








C_2009312EN.01000701.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/7





Judgment of the Court (Second Chamber) of 29 October 2009 — Commission of the European Communities v Ireland
(Case C-188/08) (1)

(Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Waste - Domestic waste waters discharged through septic tanks in the countryside - Waste not covered by other legislation - Failure to transpose)
2009/C 312/09
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán, D. Lawunmi and M. Wilderspin, Agents)

Defendant: Ireland (represented by: D. O’Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement, so far as domestic waste waters discharged through septic tanks is concerned, of Articles 4, 7, 8, 9, 10, 11, 12, 13 and 14 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) — Waste not covered by other legislation

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, save in County Cavan, all the laws, regulations and administrative provisions necessary to comply with Articles 4 and 8 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, as regards domestic waste waters disposed of in the countryside through septic tanks and other individual waste water treatment systems, Ireland has failed to fulfil its obligations under that directive;










2.


Orders Ireland to pay three quarters of the costs of the Commission of the European Communities and to bear its own costs;










3.


Orders the Commission of the European Communities to bear one quarter of its own costs.






(1)  OJ C 197, 2.8.2008.
Case C-22/09: Judgment of the Court (Eighth Chamber) of 29 October 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Energy policy — Energy savings — Directive 2002/91/EC — Energy performance of buildings — Failure to transpose the directive within the prescribed time-limit)
Date: 2009-10-29
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, building industry, energy consumption, interpretation of the law








C_2010063EN.01001501.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/15





Judgment of the Court (Eighth Chamber) of 29 October 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-22/09) (1)

(Failure of a Member State to fulfil obligations - Energy policy - Energy savings - Directive 2002/91/EC - Energy performance of buildings - Failure to transpose the directive within the prescribed time-limit)
2010/C 63/23
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: B. Schima and L. de Schietere de Lophem, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2003 L 1, p. 65), or failure to notify them to the Commission, within the prescribed time-limit

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 15(1) of that directive;










2.


Orders the Grand Duchy of Luxembourg to pay the costs.






(1)  OJ C 82 of 4.04.2009.