do-me/EUR-LEX huggingface dataset:
Case T-464/09: Action brought on 20 November 2009 — European Commission v New Acoustic Music et Anna Hildur Hildibrandsdottir
Date: 2009-11-20
Institutions: Court of First Instance
Subjects: EU programme, European Commission, appeal, culture, music, redemption








C_2010051EN.01003302.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/33





Action brought on 20 November 2009 — European Commission v New Acoustic Music et Anna Hildur Hildibrandsdottir
(Case T-464/09)
2010/C 51/65
Language of the case: English

Parties


Applicant: European Commission (represented by: A.-M. Rouchaud-Joët, N. Bambara, Agents, assisted by C. Erkelens, lawyer)

Defendant: New Acoustic Music Association (Orpington, United Kingdom), Anna Hildur Hildibrandsdottir (Orpington)

Form of order sought







—


order the defendants to repay to the Commission the amount of EUR 31,136.23 in principal, to be accrued with interests at 7,70 % per annum as of 14 January 2008 until the date of final payment;










—


order the defendants to pay the procedural costs, including those incurred by the Commission.





Pleas in law and main arguments

The application is filed in relation to a grant agreement identified with the contract number 2003-1895/001-001, entered into between the European Commission (hereinafter ‘Commission’) and New Acoustic Music Association (hereinafter ‘NAMA’), represented by Ms Anna Hildur Hildibrandsdottir, with a view to carrying out the action entitled CLT2003/A1/GB-317 — European Music Roadwork in framework of the Programme ‘Culture 2000’ (1).
By means of its application, the applicant seeks an order from the Court requesting the defendants, each liable for the entire amount, one in the absence of the other, to repay to the Commission the sum of EUR 31,136.23, accrued with default interests, resulting from the difference between the sum paid in advance by the applicant to NAMA for the implementation of the actions provided for in the grant agreement and the sum which NAMA is entitled to.
In support of its application, the applicant raises a single plea in law. It submits that NAMA has allegedly breached its contractual obligations by failing to reimburse part of the advance payment made by the Commission since the actual eligible expenses were lower than the estimated total costs.
The Commission contends that both Acoustic and Ms Anna Hildur Hildibrandsdottir, in her capacity as partner and authorised legal representative of NAMA, are jointly liable for the sum due.


(1)  Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme (OJ 2000 L 63, p. 1)
Case T-463/09: Action brought on 20 November 2009 — Herm. Sprenger v OHIM — Kieffer Sattlerwarenfabrik (form of a stirrup)
Date: 2009-11-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, two-wheeled vehicle, vehicle parts








C_2010011EN.01003702.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/37





Action brought on 20 November 2009 — Herm. Sprenger v OHIM — Kieffer Sattlerwarenfabrik (form of a stirrup)
(Case T-463/09)
2010/C 11/69
Language in which the application was lodged: German

Parties


Applicant: Herm. Sprenger GmbH & Co. KG (Iserlohn, Germany) (represented by: V. Schiller, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Georg Kieffer Sattlerwarenfabrik GmbH (Munich, Germany)

Form of order sought







—


set aside the decision delivered on 4 September 2009 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Appeal Proceedings R 1614/2008-4;










—


dismiss the application brought by the company Georg Kieffer Sattlerwarenfabrik GmbH for a declaration that the applicant’s Community trade mark No 1 599 620 is invalid;










—


order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: the three-dimensional Community trade mark No 1 599 620 for goods in Class 6

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: Georg Kieffer Sattlerwarenfabrik GmbH

Decision of the Cancellation Division: dismissal of the application for a declaration of invalidity

Decision of the Board of Appeal: annulment of the decision of the Cancellation Division and declaration that the Community trade mark in issue is invalid

Pleas in law:







—


Breach of Article 52(1)(a), in conjunction with Article 7(1), of Regulation (EC) No 207/2009 (1) on the ground of an incorrect finding that the mark is devoid of any original distinctive character;










—


Breach of Article 52(1)(a) and 52(2), in conjunction with Article 7(3), of Regulation (EC) No 207/2009 on the ground that it was wrongly assumed that the disputed mark had not acquired distinctive character through use;










—


Breach of the first clause of Article 76(1) of Regulation No 207/2009 in that the relevant facts were not examined in the requisite manner;










—


Breach of Article 83 of Regulation No 207/2009 in respect of the rights of the defence;










—


Breach of Article 77(1) of Regulation No 207/2009 in that the Board of Appeal ought to have acceded to the applicant’s alternative request for oral proceedings;










—


Breach of the EC Treaty in respect of the basic right to equitable proceedings.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case F-98/09: Action brought on 20 November 2009 — Whitehead v European Central Bank
Date: 2009-11-20
Institutions: Civil Service Tribunal
Subjects: European Central Bank, European official, action by staff, bonus payment, indemnification, pay, pay policy, personnel administration








C_2010024EN.01008201.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/82





Action brought on 20 November 2009 — Whitehead v European Central Bank
(Case F-98/09)
2010/C 24/157
Language of the case: English

Parties


Applicant: Sarah Whitehead (Frankfurt am Main, Germany) (represented by: L. Levi, M. Vandenbussche, lawyers)

Defendant: European Central Bank

The subject matter and description of the proceedings

An appeal against the decision dated 8 January 2009 awarding the applicant a salary increase of 2 points for the purpose of the Annual Salary and Bonus Review (ASBR) for the year 2008, received on 15 January 2009, as well as against the salary statement of 15 January 2009 implementing this decision.

Form of order sought

The applicant claim that the Court should:






—


annul the decision of the European Central Bank dated 8 January 2009 on the Appellant's ASBR 2008, served upon her on 13 or 14 January 2009 (during her absence);










—


annul the Appellant's salary statement of 15 January 2009, implementing this decision;










—


as a consequence, order the payment of the amount of her salary representing the difference between the challenged 2008 ASBR and the ASBR which should have been granted to her, as of 15 January 2009 until complete payment, plus late interest at the rate equal to the margin lending rate of the European Central Bank during the default period plus three percentage points;










—


in the case that the organisation of a new 2008 ASBR procedure would be found to entail excessive difficulties, order the award of the equivalent of 3 salary points to compensate the material prejudice;










—


in any case, order the compensation of the moral prejudice suffered evaluated ex aequo et bono at EUR 10 000;










—


order that the European Central Bank pays all the costs.
2009/847/EC: Commission Decision of 20 November 2009 amending Decision 2005/176/EC laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (notified under document C(2009) 9007) (Text with EEA relevance)
Date: 2009-11-20
Institutions: European Commission
Subjects: Germany, animal disease, exchange of information, information system, veterinary legislation








L_2009307EN.01000701.xml










21.11.2009   


EN


Official Journal of the European Union


L 307/7








            COMMISSION DECISION
         
of 20 November 2009
         
amending Decision 2005/176/EC laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC
(notified under document C(2009) 9007)
(Text with EEA relevance)
(2009/847/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (1), and in particular Article 5(1) thereof,

Whereas:







(1)


Directive 82/894/EEC concerns notifications of outbreaks of the animal diseases listed in Annex I thereto.












(2)


Commission Decision 2005/176/EC (2) lays down the codified form and the codes for the notification of animal diseases pursuant to Directive 82/894/EEC. Annex X/01 to that decision lists the codes for the veterinary regions in Germany.












(3)


Germany has adjusted the names and boundaries of their veterinary regions. The adjustment of those regions affects the Animal Disease Notification System. The new regions should therefore replace those currently listed in that system. It is therefore appropriate to amend Annex X/01 to Decision 2005/176/EC accordingly.












(4)


Decision 2005/176/EC should therefore be amended accordingly.












(5)


In order to protect confidentiality of the transmitted information, the Annexes to this Decision should not be published in the Official Journal of the European Union.












(6)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,





HAS ADOPTED THIS DECISION:



Article 1
Annex X/01 to Decision 2005/176/EC is replaced by the text in the Annex to this Decision.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 20 November 2009.


For the Commission

Androulla VASSILIOU
            

Member of the Commission






(1)  
            OJ L 378, 31.12.1982, p. 58.

(2)  
            OJ L 59, 5.3.2005, p. 40.
Council Joint Action 2009/854/CFSP of 20 November 2009 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
Date: 2009-11-20
Institutions: Council of the European Union
Subjects: Palestine question, border control, the EU's international role




L_2009312EN.01007301.xml










27.11.2009   


EN


Official Journal of the European Union


L 312/73








            COUNCIL JOINT ACTION 2009/854/CFSP
of 20 November 2009
         
amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 thereof,

Whereas:







(1)


On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1).












(2)


On 10 November 2008, the Council adopted Joint Action 2008/862/CFSP (2) amending and extending Joint Action 2005/889/CFSP until 24 November 2009.












(3)


Joint Action 2005/889/CFSP should be further extended until 24 May 2010,





HAS ADOPTED THIS JOINT ACTION:



Article 1
Joint Action 2005/889/CFSP is hereby amended as follows:






1.


Article 13(1) is replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the mission for the period from 25 November 2009 to 24 May 2010 shall be EUR 1 120 000’;











2.


second paragraph of Article 16 is replaced by the following:
‘It shall expire on 24 May 2010.’;










3.


Article 17 is replaced by the following:

‘Article 17
Review
This Joint Action shall be reviewed by 15 April 2010.’.







Article 2
This Joint Action shall enter into force on the date of its adoption.


Article 3
This Joint Action shall be published in the Official Journal of the European Union.




Done at Brussels, 20 November 2009.


For the Council


The President

E. ERLANDSSON
            





(1)  
            OJ L 327, 14.12.2005, p. 28.

(2)  
            OJ L 306, 15.11.2008, p. 98.
State aid — Denmark (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 58/07 (ex N 240/07) — Denmark — Amendments to the existing tonnage tax scheme (Text with EEA relevance)
Date: 2009-11-20
Institutions: European Commission
Subjects: Denmark, State aid, application of EU law, control of State aid, disclosure of information, maritime transport, sale, tax system, vessel








C_2009280EN.01003101.xml










20.11.2009   


EN


Official Journal of the European Union


C 280/31






STATE AID — DENMARK

(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 58/07 (ex N 240/07) — Denmark — Amendments to the existing tonnage tax scheme
(Text with EEA relevance)
2009/C 280/11
The Commission has decided to close the formal investigation procedure under Article 88(2) of the EC Treaty, initiated on 11 December 2007 (1) in respect of the measure referred to above, recording that Denmark has withdrawn its notification on 10 February 2009 and will not pursue this aid project further.


(1)  OJ C 48, 21.2.2008, p. 16.
Case C-278/09: Order of the Court of 20 November 2009 (reference for a preliminary ruling from the Tribunal de grande instance de Paris — France) — Olivier Martinez, Robert Martinez v Société MGN LIMITED (Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — National Court not eligible to refer questions to the Court of Justice for preliminary ruling for the purposes of Article 68(1) EC — Court’s lack of jurisdiction)
Date: 2009-11-20
Institutions: Court of Justice
Subjects: Internet site, access to information, copyright, electronic publishing, fundamental rights, intellectual property, interpretation of the law, visual arts








C_2010024EN.01001802.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/18





Order of the Court of 20 November 2009 (reference for a preliminary ruling from the Tribunal de grande instance de Paris — France) — Olivier Martinez, Robert Martinez v Société MGN LIMITED
(Case C-278/09) (1)

(Regulation (EC) No 44/2001 - Jurisdiction in civil and commercial matters - National Court not eligible to refer questions to the Court of Justice for preliminary ruling for the purposes of Article 68(1) EC - Court’s lack of jurisdiction)
2010/C 24/30
Language of the case: French

Referring court

Tribunal de grande instance de Paris

Parties to the main proceedings


Applicant: Olivier Martinez, Robert Martinez

Defendant: Société MGN LIMITED

Re:

Reference for a preliminary ruling — Tribunal de grande instance de Paris — Interpretation of Articles 2 and 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12 of 16.1.2001, p. 1) — Competent jurisdiction for the resolution of an action for infringement of privacy and the right of personal portrayal, following the placing online of information and photographs on an internet site disseminated from a server housed in the territory of a Member State other than that in which the plaintiff is domiciled — Determination of the place where the event which gave rise to the damage occurred — Relevance, in order to determine the place, of the number of connections to the internet page at issue effected from the Member State in which the plaintiff is domiciled, the nationality of the plaintiff and, where appropriate, the language in which the information was disseminated

Operative part

The Court of Justice of the European Communities has no jurisdiction to answer the question referred by the Tribunal de grande instance de Paris in Case C 278/09.


(1)  JO C 220 of 12.09.2009
Case C-184/09: Order of the President of the Court of 20 November 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-11-20
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, fine, mining industry, mining of ore, waste disposal, waste management








C_2010051EN.01002806.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/28





Order of the President of the Court of 20 November 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-184/09) (1)

2010/C 51/51

Language of the case: Spanish

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


(1)  OJ C 167, 18.7.2009.
Commission Regulation (EC) No 1117/2009 of 20 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-11-20
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2009307EN.01000101.xml










21.11.2009   


EN


Official Journal of the European Union


L 307/1








            COMMISSION REGULATION (EC) No 1117/2009
of 20 November 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 21 November 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 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 


AL 


38,6 




MA 


32,3 




MK 


39,6 




TR 


60,0 




ZZ 


42,6 




0707 00 05 


JO 


171,8 




MA 


46,5 




TR 


96,1 




ZZ 


104,8 




0709 90 70 


MA 


53,1 




TR 


113,0 




ZZ 


83,1 




0805 20 10 


MA 


71,1 




ZZ 


71,1 




0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 


CN 


49,5 




HR 


60,0 




MA 


74,5 




TR 


75,4 




ZZ 


64,9 




0805 50 10 


AR 


55,9 




TR 


73,3 




ZA 


61,6 




ZZ 


63,6 




0808 10 80 


AU 


171,8 




CA 


63,9 




MK 


20,3 




NZ 


102,0 




US 


94,1 




ZA 


101,0 




ZZ 


92,2 




0808 20 50 


CN 


64,6 




TR 


89,0 




US 


72,0 




ZZ 


75,2 






(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’.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance)
Date: 2009-11-20
Institutions: European Commission
Subjects: Italy, State aid, carriage of goods, combined transport, control of State aid, rail transport








C_2009280EN.01000101.xml










20.11.2009   


EN


Official Journal of the European Union


C 280/1





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2009/C 280/01






Date of adoption of the decision


11.9.2009




Reference number of State Aid


N 259/08




Member State


Italy




Region


Provincia Autonoma di Bolzano — Alto Adige/Autonome Provinz Bozen




Title (and/or name of the beneficiary)


Aiuti a sostegno del trasporto combinato




Legal basis


Articolo 87, paragrafo 3, lettera c)




Type of measure


Aid scheme




Objective


To support the creation of intermodal platforms




Form of aid


Direct grants or subsidised loans




Budget


Maximum EUR 8 million in the period 2009-2011




Intensity


30-50 % of eligible expenditure




Duration (period)


3 years (2009-2011)




Economic sectors


Combined transport




Name and address of the granting authority


—




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm






Date of adoption of the decision


30.9.2009




Reference number of State Aid


N 483/09




Member State


Italy




Region


Emilia-Romagna




Title (and/or name of the beneficiary)


Interventi per il trasporto ferroviario delle merci




Legal basis


Delibera n. 1285/2009 della Giunta della Regione Emilia-Romagna del 27 luglio 2009 che approva il progetto di legge regionale «Interventi per il riequilibrio del sistema del trasporto delle merci»




Type of measure


Aid scheme




Objective


To encourage rail freight and the modal transfer from road to rail for the carriage of goods




Form of aid


Direct grant




Budget


EUR 9 million in the period 2010-2012




Intensity


50 % of eligible costs and 30 % of total transport cost




Duration (period)


3 years (2010-2012)




Economic sectors


Rail freight transport




Name and address of the granting authority


—




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm