do-me/EUR-LEX huggingface dataset:
Case C-464/09 P: Appeal brought on 25 November 2009 by Holland Malt B.V. against the judgment of the Court of First Instance (Fourth Chamber) delivered on 9 September 2009 in Case T-369/06: Holland Malt B.V. v Commission of the European Communities
Date: 2009-11-25
Institutions: Court of Justice
Subjects: General Court (EU), Netherlands, State aid, action for annulment (EU), aid to agriculture, control of State aid, judicial proceedings, malt








C_2010024EN.01003802.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/38





Appeal brought on 25 November 2009 by Holland Malt B.V. against the judgment of the Court of First Instance (Fourth Chamber) delivered on 9 September 2009 in Case T-369/06: Holland Malt B.V. v Commission of the European Communities
(Case C-464/09 P)
2010/C 24/67
Language of the case: English

Parties


Appellant: Holland Malt B.V. (represented by: O. W. Brouwer, A.C.E. Stoffer, P. Schepens, advocaten)

Other parties to the proceedings: Commission of the European Communities, Kingdom of the Netherlands

Form of order sought

The appellant claims that the Court should:






—


Set aside paragraphs 168 to 180 of the judgment of the court of First Instance;










—


Refer the case back to the CFI or annul the decision of the Commission; and










—


Order the Commission to pay the costs of the proceedings





Pleas in law and main arguments

The appeal is directed against the judgment of the Court of First Instance of 9 September 2009 in case T-369/06, Holland Malt B.V. v. Commission (the Judgment), dismissing the application brought by Holland Malt against the decision of the Commission declaring that a subsidy conditionally granted to the Appellant constitutes incompatible aid. The Appellant submits that the Court of First Instance made errors of law and a procedural error in dismissing the application brought by Holland Malt. In this regard, the Appellant has forwarded the following pleas:






A.


The Court of First Instance erred in law in paragraphs 169 to 180 of the Judgment by incorrectly interpreting Article 87(3)(c) EC (1) and by incorrectly interpreting and applying the Community Guidelines on state aid in the agricultural sector. In this regard, the Judgment is moreover vitiated by an inconsistent and inadequate reasoning; and










B.


The Court of First Instance committed a procedural error in paragraph 168 of the Judgment by misreading and misrepresenting one of the arguments submitted by the Appellant, which adversely affected the interests of the Appellant.






(1)  OJ C 321 E, p. 76
Case C-478/09: Action brought on 25 November 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-11-25
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, company law, demerger, merger, national implementing measure, public limited company, report








C_2010024EN.01003901.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/39





Action brought on 25 November 2009 — Commission of the European Communities v Hellenic Republic
(Case C-478/09)
2010/C 24/68
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: S. La Pergola and M. Karanasou Apostopoulou, acting as Agents)

Defendant: Hellenic Republic

Form of order sought







—


Declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2007/63/EC (1) of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies or in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive;










—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments

The time-limit for transposition of Directive 2007/63/EC into domestic law expired on 31 September 2008.


(1)  OJ L 300, 17.11.2007, p. 47
Euro exchange rates
Date: 2009-11-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2009284EN.01001701.xml










25.11.2009   


EN


Official Journal of the European Union


C 284/17





Euro exchange rates (1)

24 November 2009
2009/C 284/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4969




JPY


Japanese yen


132,57




DKK


Danish krone


7,4413




GBP


Pound sterling


0,90310




SEK


Swedish krona


10,3145




CHF


Swiss franc


1,5110




ISK


Iceland króna


 




NOK


Norwegian krone


8,3765




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,894




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


267,65




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7091




PLN


Polish zloty


4,1149




RON


Romanian leu


4,2665




TRY


Turkish lira


2,2410




AUD


Australian dollar


1,6254




CAD


Canadian dollar


1,5815




HKD


Hong Kong dollar


11,6010




NZD


New Zealand dollar


2,0541




SGD


Singapore dollar


2,0738




KRW


South Korean won


1 731,62




ZAR


South African rand


11,1762




CNY


Chinese yuan renminbi


10,2229




HRK


Croatian kuna


7,3105




IDR


Indonesian rupiah


14 245,62




MYR


Malaysian ringgit


5,0715




PHP


Philippine peso


70,448




RUB


Russian rouble


43,1625




THB


Thai baht


49,746




BRL


Brazilian real


2,5791




MXN


Mexican peso


19,3232




INR


Indian rupee


69,3890






(1)  Source: reference exchange rate published by the ECB.
Case C-462/09: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 25 November 2009 — Stichting de Thuiskopie v Mijndert van der Lee and Others
Date: 2009-11-25
Institutions: Court of Justice
Subjects: contract, copyright, distance selling, information society, interpretation of the law








C_2010024EN.01003801.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/38





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 25 November 2009 — Stichting de Thuiskopie v Mijndert van der Lee and Others
(Case C-462/09)
2010/C 24/66
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: Stichting de Thuiskopie

Respondents: Mijndert van der Lee, Hananja van der Lee, Opus Supplies Deutschland GmbH

Questions referred







1.


Does Directive 2001/29/EC, (1) in particular Article 5(2)(b) and (5) thereof, provide any assistance in determining who should be regarded under national law as owing the ‘fair compensation’ referred to in Article 5(2)(b)? If so, what assistance does it provide?










2.


In a case of distance selling in which the buyer is established in a different Member State to that of the seller, does Article 5(5) of Directive 2001/29/EC require national law to be interpreted so broadly that a person owing the ‘fair compensation’ referred to in Article 5(2)(b) of the directive who is acting on a commercial basis owes such compensation in at least one of the Member States involved in the distance selling?






(1)  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10)
Commission Regulation (EC) No 1134/2009 of 25 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-11-25
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2009311EN.01000101.xml










26.11.2009   


EN


Official Journal of the European Union


L 311/1








            COMMISSION REGULATION (EC) No 1134/2009
of 25 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 26 November 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 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 


MA 


33,9 




MK 


37,7 




TR 


61,4 




ZZ 


44,3 




0707 00 05 


MA 


52,9 




TR 


77,9 




ZZ 


65,4 




0709 90 70 


MA 


42,1 




TR 


117,5 




ZZ 


79,8 




0805 20 10 


MA 


65,9 




ZZ 


65,9 




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


CN 


48,6 




HR 


68,1 




MA 


68,9 




TR 


72,2 




ZZ 


64,5 




0805 50 10 


AR 


64,7 




TR 


72,5 




ZA 


61,6 




ZZ 


66,3 




0808 10 80 


AU 


177,7 




CN 


90,7 




MK 


20,3 




US 


97,5 




XS 


24,5 




ZA 


111,4 




ZZ 


87,0 




0808 20 50 


CN 


50,4 




TR 


85,0 




US 


131,0 




ZZ 


88,8 






(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 C-477/09: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 25 November 2009 — Charles Defossez v Christian Wiart, liquidator of Sotimon SARL, Office national de l’emploi, CGEA de Lille
Date: 2009-11-25
Institutions: Court of Justice
Subjects: approximation of laws, employer, financial solvency, interpretation of the law, labour law, social security, wage earner








C_2010037EN.01001801.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/18





Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 25 November 2009 — Charles Defossez v Christian Wiart, liquidator of Sotimon SARL, Office national de l’emploi, CGEA de Lille
(Case C-477/09)
2010/C 37/19
Language of the case: French

Referring court

Cour de Cassation

Parties to the main proceedings


Applicant: Charles Defossez

Defendant: Christian Wiart, liquidator of Sotimon SARL; Office national de l’emploi (fonds de fermeture d’entreprises); CGEA de Lille

Question referred

Is the reference to the Court of Justice of the European Communities for a ruling on whether Article 8a of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, (1) as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002, (2) which provides, in paragraph 1 thereof, that when an undertaking with activities in the territories of at least two Member States is in a state of insolvency, the institution responsible for meeting employees’ outstanding claims is to be that in the Member State in whose territory they work or habitually work and, in paragraph 2 thereof, that the extent of employees’ rights is to be determined by the law governing the competent guarantee institution, is to be interpreted as designating the competent institution to the exclusion of any other, or whether, having regard to the purpose of the Directive, which is to strengthen the rights of workers exercising their right to freedom of movement, and to the first paragraph of Article 9 of the Directive, under which the Directive is not to affect the option of Member States to apply or introduce laws, regulations or administrative provisions which are more favourable to employees, it is to be interpreted as not depriving the employee of the right to take advantage, in the place of that institution’s guarantee, of a more favourable guarantee from the institution with which his employer is insured and to which it makes contributions under national law?


(1)  OJ L 283, p. 23.

(2)  OJ L 270, p. 10.
Case F-1/09: Judgment of the Civil Service Tribunal (First Chamber) of 25 November 2009 — Putterie-de-Beukelaer v Commission (Civil service — Officials — Promotion — Attestation procedure — Assessment of potential)
Date: 2009-11-25
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), admission to examinations, candidate, job application








C_2010024EN.01007603.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/76





Judgment of the Civil Service Tribunal (First Chamber) of 25 November 2009 — Putterie-de-Beukelaer v Commission
(Case F-1/09) (1)

(Civil service - Officials - Promotion - Attestation procedure - Assessment of potential)
2010/C 24/142
Language of the case: French

Parties


Applicant: Françoise Putterie-de-Beukelaer (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and K. Herrmann, acting as Agents)

Re:

Annulment of the decision not to admit the applicant to the 2007 attestation procedure.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Putterie-de-Beukelaer to pay the costs.






(1)  OJ C 55, 7.3.2009, p. 53.
Commission Regulation (EC) No 1138/2009 of 25 November 2009 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Bitto (PDO))
Date: 2009-11-25
Institutions: European Commission
Subjects: Italy, cheese, designation of origin, location of production, product designation








L_2009311EN.01002301.xml










26.11.2009   


EN


Official Journal of the European Union


L 311/23








            COMMISSION REGULATION (EC) No 1138/2009
of 25 November 2009
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Bitto (PDO))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification of the protected designation of origin ‘Bitto’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the 20th 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, 25 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 87, 16.4.2009, p. 20.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY
Bitto (PDO)
Prior notification of a concentration (Case COMP/M.5720 — BayernLB/LBLux) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-11-25
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial services, merger control








C_2009284EN.01003301.xml










25.11.2009   


EN


Official Journal of the European Union


C 284/33





Prior notification of a concentration
(Case COMP/M.5720 — BayernLB/LBLux)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 284/12






1.


On 18 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 undertaking Bayrische Landesbank AöR, Germany, (‘BayernLB’), controlled by the Free State of Bavaria, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Banque LBLux S.A., Luxemburg, (‘LBLux’), jointly controlled by BayernLB and Landesbank Hessen-Thüringen Girozentrale, Germany, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for BayernLB: Provision of universal banking services predominantly in Germany,










—


for LBLux: Activity in corporate and private banking as well as financial market services.














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.5720 — BayernLB/LBLux, 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.
Prior notification of a concentration (Case COMP/M.5699 — Adecco/MPS Group) Text with EEA relevance
Date: 2009-11-25
Institutions: European Commission
Subjects: economic concentration, employment service, exchange of information, merger control








C_2009284EN.01003201.xml










25.11.2009   


EN


Official Journal of the European Union


C 284/32





Prior notification of a concentration
(Case COMP/M.5699 — Adecco/MPS Group)
(Text with EEA relevance)
2009/C 284/11






1.


On 18 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 Adecco Inc., a wholly owned subsidiary of Adecco S.A. (‘Adecco’, Switzerland) acquires, within the meaning of Article 3(1)(b) of the Council Regulation, control of the whole of MPS Group, Inc. (‘MPS’, USA), by way of a public bid.










2.


The business activities of the undertakings concerned are:






—


Adecco: a provider of temporary and permanent employment services throughout the entire range of disciplines in Europe, the Americas, the Middle East and Asia,










—


MPS: a US-based provider of professional staffing solutions in the disciplines of information technology, accounting and finance, law, engineering, marketing and creative, property, and healthcare also active in some European countries and in particular in the UK.














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.










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.5699 — Adecco/MPS Group, 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.
Case T-376/07: Judgment of the Court of First Instance of 25 November 2009 — Germany v Commission (State aid — Aid to small and medium-sized enterprises — Decision requiring information to be provided concerning two State aid schemes — Commission’s monitoring powers under the fourth sentence of Article 9(2) of Regulation (EC) No 70/2001)
Date: 2009-11-25
Institutions: Court of First Instance
Subjects: Bavaria, European Commission, Germany, State aid, action for annulment (EU), control of State aid, regional aid








C_2010011EN.01002401.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/24





Judgment of the Court of First Instance of 25 November 2009 — Germany v Commission
(Case T-376/07) (1)

(State aid - Aid to small and medium-sized enterprises - Decision requiring information to be provided concerning two State aid schemes - Commission’s monitoring powers under the fourth sentence of Article 9(2) of Regulation (EC) No 70/2001)
2010/C 11/45
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented by: M. Lumma, J. Möller and B. Klein, Agents)

Defendant: Commission of the European Communities (represented by: K. Gross and B. Martenczuk, Agents)

Re:

Annulment of Commission Decision C (2007) 3226 of 18 July 2007 requiring information to be provided concerning two State aid schemes coming under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles [87 EC] and [88 EC] to State aid to small and medium-sized enterprises (OJ 2001 L 10, p. 33)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Federal Republic of Germany to pay the costs.






(1)  OJ C 297, 8.12.2007.