do-me/EUR-LEX huggingface dataset:
Special Report No 12/2009 The effectiveness of the Commission’s projects in the area of Justice and Home Affairs for the western Balkans
Date: 2009-11-18
Institutions: European Court of Auditors
Subjects: European Court of Auditors, Western Balkans, area of freedom, security and justice, disclosure of information, report








C_2009278EN.01001601.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/16





Special Report No 12/2009 ‘The effectiveness of the Commission’s projects in the area of Justice and Home Affairs for the western Balkans’
2009/C 278/07
The European Court of Auditors hereby informs you that Special Report No 12/2009 ‘The effectiveness of the Commission’s projects in the area of Justice and Home Affairs for the western Balkans’ 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-206/09: Order of the President of the Court of 18 November 2009 — Commission of the European Communities v Italian Republic
Date: 2009-11-18
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, application of EU law, food additive, foodstuff








C_2010051EN.01002901.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/29





Order of the President of the Court of 18 November 2009 — Commission of the European Communities v Italian Republic
(Case C-206/09) (1)

2010/C 51/53

Language of the case: Italian

The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 180, 1.8.2009.
Case C-449/09: Reference for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 18 November 2009 — Canon Kabushiki Kaisha v IPN Bulgaria
Date: 2009-11-18
Institutions: Court of Justice
Subjects: brand name, interpretation of the law, trade-mark law








C_2010100EN.01001302.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/13





Reference for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 18 November 2009 — Canon Kabushiki Kaisha v IPN Bulgaria
(Case C-449/09)
2010/C 100/21
Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Parties to the main proceedings


Applicant: Canon Kabushiki Kaisha

Defendant: IPN Bulgaria OOD

Question referred

Is Article 5 of First Council Directive 89/104/EEC (1), in so far is it confers on the trade mark proprietor the exclusive right to prevent all third parties not having his consent from using in the course of trade any sign which is identical with the trade mark, for example importing or exporting goods under the sign, to be interpreted as meaning that the trade mark proprietor’s rights include the right to prohibit use of the trade mark without his consent through the importation of original goods, provided that the trade mark proprietor’s rights under Article 7 of the directive are not exhausted?


(1)  First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1).
Case C-444/09: Reference for a preliminary ruling from the Juzgado Contencioso Administrativo n o 3 de La Coruna (Spain) lodged on 16 November 2009 — Rosa María Gaviero Gaviero v Consellería de Educación e Ordenación Universitaria
Date: 2009-11-18
Institutions: Court of Justice
Subjects: bonus payment, equal treatment, framework agreement, interpretation of the law, interprofessional agreement, public service, seniority, temporary employment, working time








C_2010024EN.01002802.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/28





Reference for a preliminary ruling from the Juzgado Contencioso Administrativo no 3 de La Coruna (Spain) lodged on 16 November 2009 — Rosa María Gaviero Gaviero v Consellería de Educación e Ordenación Universitaria
(Case C-444/09)
2010/C 24/52
Language of the case: Spanish

Referring court

Juzgado Contencioso Administrativo No 3 of La Coruna

Parties to the main proceedings


Applicant: Rosa María Gaviero Gaviero

Defendant: Consellería de Educación e Ordenación Universitaria (Galicia)

Question referred

What is the meaning of the phrase ‘different length-of service qualifications’ in Clause 4(4) of the Framework agreement in the Annex to Directive 1999/70/EC (1), and is the mere fact of the temporary nature of the employment relationship of those serving as public employees an ‘objective ground’ which may justify a difference in treatment as regards receipt of the length of service increment?


(1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999)
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
Date: 2009-11-18
Institutions: European Commission
Subjects: United Kingdom, air transport, airline, inland transport, invitation to tender, public service, transport regulations








C_2009278EN.01001801.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/18





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
2009/C 278/09






Member State


United Kingdom




Concerned routes


Oban–Coll
Oban–Colonsay
Oban–Tiree
Coll–Tiree




Period of validity of the contract


16 June 2010-31 March 2014




Deadline for submission of tenders


2 months after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the pubic tender and the modified public service obligations can be obtained







Argyll and Bute Council




Council Offices




Kilmory




Lochgilphead




Argyll




PA31 8RT




Scotland




UNITED KINGDOM




Tel. +44 1546604611




Fax +44 1546606443




(Contact: Stewart Turner, Operational Services)




E-mail: stewart.turner@argyll-bute.gsx.gov.uk
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Poland (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification — State aid C 32/08 (ex N 909/06) — Restructuring aid to C. Hartwig-Katowice (Text with EEA relevance)
Date: 2009-11-18
Institutions: European Commission
Subjects: Poland, State aid, aid for restructuring, aid to undertakings, control of State aid








C_2009278EN.01001501.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/15






DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE

State aid — Poland
(Articles 87 to 89 of the Treaty establishing the European Community)
Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification
State aid C 32/08 (ex N 909/06) — Restructuring aid to C. Hartwig-Katowice
(Text with EEA relevance)
2009/C 278/05
The Commission has decided to close the formal investigation procedure under Article 88(2) of the EC Treaty, initiated on 16 July 2008 (1) in respect of the measure referred to above, recording that Poland has withdrawn its notification on 31 March 2009 and will not pursue this aid project further.


(1)  OJ C 288, 11.11.2008.
Euro exchange rates
Date: 2009-11-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2009278EN.01000501.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/5





Euro exchange rates (1)

17 November 2009
2009/C 278/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4875




JPY


Japanese yen


132,76




DKK


Danish krone


7,4409




GBP


Pound sterling


0,88625




SEK


Swedish krona


10,2220




CHF


Swiss franc


1,5111




ISK


Iceland króna


 




NOK


Norwegian krone


8,3475




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,495




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


266,00




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7084




PLN


Polish zloty


4,1012




RON


Romanian leu


4,2945




TRY


Turkish lira


2,2050




AUD


Australian dollar


1,6023




CAD


Canadian dollar


1,5735




HKD


Hong Kong dollar


11,5283




NZD


New Zealand dollar


1,9940




SGD


Singapore dollar


2,0632




KRW


South Korean won


1 718,77




ZAR


South African rand


11,0970




CNY


Chinese yuan renminbi


10,1544




HRK


Croatian kuna


7,3200




IDR


Indonesian rupiah


13 987,41




MYR


Malaysian ringgit


5,0092




PHP


Philippine peso


69,471




RUB


Russian rouble


42,7995




THB


Thai baht


49,385




BRL


Brazilian real


2,5489




MXN


Mexican peso


19,3583




INR


Indian rupee


68,9230






(1)  Source: reference exchange rate published by the ECB.
Case F-11/05 RENV: Order of the Civil Service Tribunal (Third Chamber) of 18 November 2009 — Chassagne v Commission (Civil service — Referral back to the Tribunal after setting aside — No need to adjudicate)
Date: 2009-11-18
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, equal treatment, regulations for civil servants








C_2010024EN.01007703.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/77





Order of the Civil Service Tribunal (Third Chamber) of 18 November 2009 — Chassagne v Commission
(Case F-11/05 RENV) (1)

(Civil service - Referral back to the Tribunal after setting aside - No need to adjudicate)
2010/C 24/145
Language of the case: French

Parties


Applicant: Olivier Chassagne (Brussels, Belgium) (represented by: T. Bontinck, lawyer)

Defendant: Commission of the European Communities (represented initially by: G. Berscheid and V. Joris, acting as Agents, and by F. Longfils, lawyer, and subsequently by: J. Currall and G. Berscheid, acting as Agents, and by J.-L. Fagnart, lawyer)

Re:

First, annulment of the Commission’s decision refusing to apply to the applicant, who is a native of a French Overseas Department, during the transitional period the provisions in force prior to 1 May 2004 on the detailed rules for the reimbursement of travel expenses applicable to officials whose place of employment and place of origin is in Europe and, secondly, an application for damages — Case T-253/06 P referred back after appeal

Operative part of the order







1.


There is no need to adjudicate in Case F-11/05 RENV Chassagne v Commission and the case shall be removed from the register.










2.


The Commission of the European Communities is ordered to pay the costs incurred by the applicant until delivery of the judgment of the Court of First Instance of 19 September 2008. After delivery of that judgment, each party shall bear its own costs.






(1)  OJ C 115, 14.5.2005, p. 36.
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations (modified) in respect of scheduled air services
Date: 2009-11-18
Institutions: European Commission
Subjects: United Kingdom, air transport, airline, inland transport, public service, transport regulations








C_2009278EN.01001701.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/17





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations (modified) in respect of scheduled air services
2009/C 278/08






Member State


United Kingdom




Concerned routes


Oban–Coll
Oban–Colonsay
Oban–Tiree
Coll–Tiree




Date of entry into force of the public service obligations


2 March 2007




Address where the text and any relevant information and/or documentation related to the modified public service obligations can be obtained







Argyll and Bute Council




Council Offices




Kilmory




Lochgilphead




Argyll




PA31 8RT




Scotland




UNITED KINGDOM




Tel. +44 1546604611




Fax +44 1546606443




(Contact: Stewart Turner, Operational Services)




E-mail: stewart.turner@argyll-bute.gsx.gov.uk
Notice for the attention of the persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V)
Date: 2009-11-18
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, international sanctions, legal person, natural person, nuclear non-proliferation








C_2009278EN.01005201.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/52





Notice for the attention of the persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 applies (Annex V)
2009/C 278/14
The following information is brought to the attention of the persons, entities and bodies that appear in the Annex to Council Regulation (EC) No 1100/2009 (1) of 17 November 2009.
Following a review of the list of persons, entities and bodies to which Article 7(2) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (2) applies, the Council of the European Union has determined that the persons, entities and bodies that appear in the abovementioned Annex fulfil the criteria set out in Article 7(2) of Regulation (EC) No 423/2007 and they have consequently been included and maintained, by Regulation (EC) No 1100/2009, in Annex V to Regulation (EC) No 423/2007. Regulation (EC) No 423/2007 provides for a freezing of all funds, other financial assets and economic resources belonging to the persons, entities or bodies concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly.
The attention of the persons, entities and bodies concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex III of the Regulation, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Articles 8, 9 and 10 of the Regulation).
Attention is also drawn to the possibility for each person, entity or body concerned of challenging the Council's decision before the Court of First Instance of the European Communities, in accordance with the conditions laid down in Article 230 (4) and (5) of the Treaty establishing the European Community.


(1)  OJ L 303, 18.11.2009, p. 31.

(2)  OJ L 103, 20.4.2007, p. 1.
Case C-452/09: Reference for a preliminary ruling from the Corte di Appello di Firenze (Italy) lodged on 18 November 2009 — Tonina Enza Iaia, Andrea Moggio, Ugo Vassalle v Ministero dell'Istruzione dell'Università e della Ricerca, Ministero dell'Economia e delle Finanze, Università di Pisa
Date: 2009-11-18
Institutions: Court of Justice
Subjects: EU law, Italy, freedom to provide services, interpretation of the law, national implementing measure, physician, right of establishment








C_2010024EN.01003201.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/32





Reference for a preliminary ruling from the Corte di Appello di Firenze (Italy) lodged on 18 November 2009 — Tonina Enza Iaia, Andrea Moggio, Ugo Vassalle v Ministero dell'Istruzione dell'Università e della Ricerca, Ministero dell'Economia e delle Finanze, Università di Pisa
(Case C-452/09)
2010/C 24/58
Language of the case: Italian

Referring court

Corte di Appello di Firenze

Parties to the main proceedings


Applicants: Tonina Enza Iaia, Andrea Moggio, Ugo Vassalle

Defendants: Ministero dell'Istruzione dell'Università e della Ricerca, Ministero dell'Economia e delle Finanze, Università di Pisa

Questions referred







1.


Is it compatible with Community law that the Italian State may, in relation to the period preceding the adoption of the first national legislation implementing Directive 82/76/EEC, (1) lawfully rely on five-year limitation or ten-year ordinary limitation, in respect of a right arising under that directive? — without thereby definitively preventing that right, relating to pay/essential needs, from being exercised, or, failing which, an action for compensation/damages from being brought?










2.


Is it compatible with Community law, on the other hand, that all preliminary objections of limitation be precluded because they definitively prevent the above right from being exercised?










3.


In the alternative, is it compatible with Community law that all preliminary objections of limitation be precluded until such time as the Court of Justice confirms the infringement of Community law (in the present case, up until 1999)?










4.


In the further alternative, is it compatible with Community law that all preliminary objections of limitation be precluded in any event until such time as the directive establishing the right has been correctly and fully transposed into national law (which, in the present case, never occurred), as laid down in the judgment in Emmott?






(1)  OJ L 43, 15.2.1982, p. 21.
Prior notification of a concentration (Case COMP/M.5660 — RBS/Deutsche Bank/Spin HoldCo) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-11-18
Institutions: European Commission
Subjects: cleaning industry, economic concentration, exchange of information, financial services, holding company, investment company, merger control, multi-storey dwelling, provision of services, subcontracting








C_2009278EN.01002501.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/25





Prior notification of a concentration
(Case COMP/M.5660 — RBS/Deutsche Bank/Spin HoldCo)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 278/12






1.


On 10 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Royal Bank of Scotland Plc (UK) and Deutsche Bank (DE) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Spin HoldCo (US) by way of debt-for-equity swap.










2.


The business activities of the undertakings concerned are:






—


The Royal Bank of Scotland: holding company of one of the world's largest banking and financial services groups,










—


Deutsche Bank: active worldwide in the investment banking business and also offers banking services to private clients,










—


Spin HoldCo: parent company of Coinmach Service Corporation, the largest supplier of outsourced laundry equipment services for multi-family housing properties in the United States and Mexico.














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.5660 — RBS/Deutsche Bank/Spin HoldCo, 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.
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Czech Republic (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification — State aid C 19/07 (ex N 32/07) which the Czech Republic intended to implement by providing the SMEs with short-term export-credit insurance by the Export Guarantee and Insurance Corporation (EGAP) (Text with EEA relevance)
Date: 2009-11-18
Institutions: European Commission
Subjects: Czechia, State aid, aid to undertakings, control of State aid, credit insurance, export aid, small and medium-sized enterprises








C_2009278EN.01001502.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/15






DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE

State aid — Czech Republic
(Articles 87 to 89 of the Treaty establishing the European Community)
Commission notice pursuant to Article 88(2) of the EC Treaty — Withdrawal of notification
State aid C 19/07 (ex N 32/07) which the Czech Republic intended to implement by providing the SMEs with short-term export-credit insurance by the Export Guarantee and Insurance Corporation (EGAP)
(Text with EEA relevance)
2009/C 278/06
The Commission has decided to close the formal investigation procedure under Article 88(2) of the EC Treaty, initiated on 27 June 2007 (1) in respect of the measure referred to above, recording that the Czech Republic has withdrawn its notification on 2 July 2009 and will not pursue this aid project further.


(1)  OJ C 205, 4.9.2007, p. 19.
Non-opposition to a notified concentration (Case COMP/M.5591 — CEZB/JAVYS/JESS JV) Text with EEA relevance
Date: 2009-11-18
Institutions: European Commission
Subjects: decommissioning of power stations, disclosure of information, economic concentration, electrical energy, energy distribution, energy production, merger control, nuclear power station, radioactive waste, restrictive-practice authorisation, waste management








C_2009278EN.01000401.xml










18.11.2009   


EN


Official Journal of the European Union


C 278/4





Non-opposition to a notified concentration
(Case COMP/M.5591 — CEZB/JAVYS/JESS JV)
(Text with EEA relevance)
2009/C 278/02
On 4 November 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5591. EUR-Lex is the on-line access to the European law.