do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 1040/2009 of 3 November 2009 amending Regulation (EC) No 428/2008 determining the intervention centres for cereals
Date: 2009-11-03
Institutions: European Commission
Subjects: Belgium, barley, cereals, intervention agency, maize, sorghum




L_2009288EN.01000501.xml










4.11.2009   


EN


Official Journal of the European Union


L 288/5








            COMMISSION REGULATION (EC) No 1040/2009
of 3 November 2009
         
amending Regulation (EC) No 428/2008 determining the intervention centres for cereals


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), and in particular Article 41 in conjunction with Article 4 thereof,

Whereas:







(1)


Belgium has requested amendments relating to some of the intervention centres listed in Annex I to Commission Regulation (EC) No 428/2008 (2) with a view to improving their location or responding better to the conditions required. That request should be acceded to.












(2)


Regulation (EC) No 428/2008 should be amended accordingly.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 428/2008 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the third 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, 3 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ L 129, 17.5.2008, p. 8.




ANNEX
In Annex I to Regulation (EC) No 428/2008 the table headed ‘BELGIUM’ is replaced by the following:







1.


The sign ‘+’ indicates that the location shown is treated as an intervention centre for the cereal in question.










2.


The sign ‘–’ indicates that the location shown is not to be treated as an intervention centre for the cereal in question.













‘Intervention centre


Common wheat


Barley


Maize


Sorghum




BELGIUM





Antwerpen


+


+


–


–




Brugge


+


+


–


–




Farciennes


+


+


–


–




Floreffe


+


+


–


–




Gent


+


+


–


–




Liège


+


+


–


–




Andenne


+


+


–


–




Tournai


+


+


–


–’
Case T-440/09: Action brought on 3 November 2009 — Azienda Agricola Bracesco v Commission
Date: 2009-11-03
Institutions: Court of First Instance
Subjects: European Commission, agro-industry, appeal to the Court (EU), avian influenza, cessation of trading, damages, poultry farming








C_2009312EN.01004201.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/42





Action brought on 3 November 2009 — Azienda Agricola Bracesco v Commission
(Case T-440/09)
2009/C 312/69
Language of the case: Italian

Parties


Applicant: Azienda Agricola Bracesco Srl (Orgiano, Italy) (represented by: F. Tosello, S. Rizzioli and C. Pauly, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


Order the Commission, in accordance with Article 235, and the second paragraph of Article 288, of the EC Treaty, to pay Azienda Agricola Bracesco srl, now in liquidation, damages in the amount of EUR 335 000, or such other sum as may be determined in the course of the proceedings or, in any event, as may be held to be fair, together with interest at the statutory rate until due settlement.










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

The present application for compensation for damage, based on the non-contractual liability of the European Communities, is made in the context of the Community measures to combat avian influenza.
In that connection, it is pointed out that, following the disruption to the European poultrymeat market brought about by the fall in prices resulting from the reduction in consumer demand — which was in turn linked to the spread of avian influenza — the Commission decided to take action by means of Regulation No 1010/2006, (1) which makes provision for support measures for poultry producers.
However, notwithstanding the fact that the definition of poultry in the Community animal health legislation covers quail, poultry producers involved in the raising and slaughtering of that species have been excluded, without any reasons being given, from receiving the aid.
The applicant — Azienda Agricola Bracesco srl in liquidation — submits that it has suffered wrongful damage as a result of the conduct of the Commission, which constitutes a manifest and serious infringement of one of the fundamental principles of the Community legal order, that is to say, the principle of equal treatment.


(1)  Commission Regulation (EC) No 1010/2006 of 3 July 2006 on certain exceptional market support measures in the eggs and poultry sector in certain Member States (OJ 2006 L 180, p. 3).