do-me/EUR-LEX huggingface dataset:
Case C-444/08 P: Order of the Court of 26 November 2009 — Região autónoma dos Açores v Council of the European Union, Commission of the European Communities, Kingdom of Spain, Seas at Risk VZW, formerly Stichting Seas at Risk Federation, WWF — World Wide Fund for Nature, Stichting Greenpeace Council (Appeal — Article 119 of the Rules of Procedure — Regulation (EC) No 1954/2003 — Action for annulment — Inadmissibility — Regional or local body — Measures of direct and individual concern to that entity — Appeal in part clearly inadmissible and clearly unfounded)
Date: 2009-11-26
Institutions: Court of Justice
Subjects: appeal, association, environmental protection, fishery management, fishery resources, fishing area, fishing regulations, producer organisation








C_2010063EN.01001801.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/18





Order of the Court of 26 November 2009 — Região autónoma dos Açores v Council of the European Union, Commission of the European Communities, Kingdom of Spain, Seas at Risk VZW, formerly Stichting Seas at Risk Federation, WWF — World Wide Fund for Nature, Stichting Greenpeace Council
(Case C-444/08 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Regulation (EC) No 1954/2003 - Action for annulment - Inadmissibility - Regional or local body - Measures of direct and individual concern to that entity - Appeal in part clearly inadmissible and clearly unfounded)
2010/C 63/26
Language of the case: English.

Parties


Appellant: Região autónoma dos Açores (represented by: M. Renouf and C. Bryant, Solicitors)

Other parties to the proceedings: Council of the European Union (represented by: J. Monteiro and F. Florindo Gijón, Agents), Commission of the European Communities (represented by K. Banks, Agent), Kingdom of Spain (represented by N. Díaz Abad, Agent), Seas at Risk VZW, formerly Stichting Seas at Risk Federation, WWF — World Wide Fund for Nature, Stichting Greenpeace Council

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 1 July 2008 in Case T-37/04 Região autónoma dos Açores v Council in which the Court of First Instance declared inadmissible an action for the partial annulment of Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources, modifying Regulation (EEC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 (OJ 2003 L 289, p. 1) — Requirement that the contested measure must be of individual concern

Operative part of the order







1.


The appeal is dismissed










2.


The Região autónoma dos Açores shall pay the costs.










3.


The Kingdom of Spain and the Commission of the European Communities shall bear their own costs.






(1)  OJ C 327, of 20.12.2008.
Terms of Reference for the International Partnership for Energy Efficiency Cooperation (IPEEC) and the Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation * European Parliament legislative resolution of 26 November 2009 on the proposal for a Council decision on the signing of the ‘Terms of Reference for the International Partnership for Energy Efficiency Cooperation’ (IPEEC) and the ‘Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation’ by the European Community (COM(2009)0438 – C7-0219/2009 – 2009/0119(CNS))
Date: 2009-11-26
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: International Energy Agency, climate change, energy demand, energy distribution, energy industry, energy policy, energy production, energy resources, international cooperation








CE2010285EN.01017101.xml










21.10.2010   


EN


Official Journal of the European Union


CE 285/171





Thursday 26 November 2009Terms of Reference for the International Partnership for Energy Efficiency Cooperation (IPEEC) and the Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation *
P7_TA(2009)0096
European Parliament legislative resolution of 26 November 2009 on the proposal for a Council decision on the signing of the ‘Terms of Reference for the International Partnership for Energy Efficiency Cooperation’ (IPEEC) and the ‘Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation’ by the European Community (COM(2009)0438 – C7-0219/2009 – 2009/0119(CNS))
2010/C 285 E/37
(Consultation procedure)

The European Parliament,
having regard to the proposal for a Council decision (COM(2009)0438),
having regard to Article 175(1), Article 300(2), first subparagraph, and Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0219/2009),
having regard to Rules 55, 90(8) and 46(1) of its Rules of Procedure,
having regard to the report of the Committee on Industry, Research and Energy (A7-0075/2009),






1.


Approves the signing of the Terms of Reference and the Memorandum;










2.


Instructs its President to forward its position to the Council and the Commission, the governments and parliaments of the Member States, and the International Energy Agency.
Euro exchange rates
Date: 2009-11-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2009285EN.01000401.xml










26.11.2009   


EN


Official Journal of the European Union


C 285/4





Euro exchange rates (1)

25 November 2009
2009/C 285/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,5083




JPY


Japanese yen


132,10




DKK


Danish krone


7,4413




GBP


Pound sterling


0,90310




SEK


Swedish krona


10,3570




CHF


Swiss franc


1,5095




ISK


Iceland króna


 




NOK


Norwegian krone


8,4160




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,972




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


267,38




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7089




PLN


Polish zloty


4,1065




RON


Romanian leu


4,2614




TRY


Turkish lira


2,2433




AUD


Australian dollar


1,6236




CAD


Canadian dollar


1,5787




HKD


Hong Kong dollar


11,6893




NZD


New Zealand dollar


2,0652




SGD


Singapore dollar


2,0820




KRW


South Korean won


1 739,67




ZAR


South African rand


11,1222




CNY


Chinese yuan renminbi


10,2975




HRK


Croatian kuna


7,3135




IDR


Indonesian rupiah


14 168,09




MYR


Malaysian ringgit


5,0852




PHP


Philippine peso


70,468




RUB


Russian rouble


43,4500




THB


Thai baht


49,978




BRL


Brazilian real


2,6028




MXN


Mexican peso


19,3952




INR


Indian rupee


69,7280






(1)  Source: reference exchange rate published by the ECB.
Case T-473/09: Action brought on 26 November 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)
Date: 2009-11-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), agricultural product, trade-mark law








C_2010024EN.01006401.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/64





Action brought on 26 November 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)
(Case T-473/09)
2010/C 24/113
Language in which the application was lodged: English

Parties


Applicant: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson, lawyer)

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

Other party to the proceedings before the Board of Appeal: DF World of Spices GmbH (Dissen, Germany)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 September 2009 in case R 1023/2008-2;










—


Order the defendant to bear the costs incurred both in these proceedings and in the proceedings before it.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “KATOZ”, for goods in classes 29 and 30

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration of the figurative mark “KATTUS”, for goods in classes 29 and 30

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the decision of the Opposition Division

Pleas in law:

Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.
Commission Regulation (EC) No 1147/2009 of 26 November 2009 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009
Date: 2009-11-26
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, import, maize, originating product, tariff reduction, third country








L_2009312EN.01004201.xml










27.11.2009   


EN


Official Journal of the European Union


L 312/42








            COMMISSION REGULATION (EC) No 1147/2009
of 26 November 2009
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009


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 144(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened by Commission Regulation (EC) No 676/2009 (2).












(2)


Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For tenders lodged from 13 November to 26 November 2009 under the invitation to tender issued in Regulation (EC) No 676/2009, the maximum reduction in the duty on maize imported shall be 15,49 EUR/t for a total maximum quantity of 25 500 t.


Article 2
This Regulation shall enter into force on 27 November 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 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 196, 28.7.2009, p. 6.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Prior notification of a concentration (Case COMP/M.5689 — Bominflot/SBI Holding) Text with EEA relevance
Date: 2009-11-26
Institutions: European Commission
Subjects: diesel fuel, distributive trades, economic concentration, energy distribution, exchange of information, hydrocarbon, lubricants, merger control








C_2009285EN.01001001.xml










26.11.2009   


EN


Official Journal of the European Union


C 285/10





Prior notification of a concentration
(Case COMP/M.5689 — Bominflot/SBI Holding)
(Text with EEA relevance)
2009/C 285/04






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 Bominflot Bunkergesellschaft für Mineralöe MbH & Co KG (‘Bominflot’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of SBI Holding B.V. (‘SBI’, The Netherlands) controlled by Seatrade Holding B.V. (‘Seatrade’, The Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Bominflot: (i) physical supply of marine fuel oil (bunker fuel) to seagoing ships (ii) supply of lubricating oils (iii) supply of marine gasoil (iv) bunker fuel trading (v) operation of tank farms and barges,










—


for SBI: (i) supply of bunker fuels and lubricating oils (ii) trading of bunker fuels and lubricating oils (iii) supply of marine gasoil.














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.5689 — Bominflot/SBI Holding, 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 C-13/09: Judgment of the Court (Seventh Chamber) of 26 November 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 2006/86/EC — Traceability requirements — Notification of serious adverse reactions and events — Technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells — Failure to adopt within the prescribed period)
Date: 2009-11-26
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, health risk, stem cell, traceability








C_2010024EN.01001501.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/15





Judgment of the Court (Seventh Chamber) of 26 November 2009 — Commission of the European Communities v Italian Republic
(Case C-13/09) (1)

(Failure of a Member State to fulfil its obligations - Directive 2006/86/EC - Traceability requirements - Notification of serious adverse reactions and events - Technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells - Failure to adopt within the prescribed period)
2010/C 24/24
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: C. Cattabriga and S. Mortoni, acting as Agents)

Defendant: Italian Republic (represented by: G. Calmieri, acting as Agent, and F. Arena, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells (OJ 2006 L 294, p. 32)

Operative part of the judgment

The Court:






1.


declares that the Italian Republic has failed to fulfil its obligations under Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells, by not adopting all the laws, regulations and administrative provisions necessary to comply with that directive;










2.


orders the Italian Republic to pay the costs.






(1)  OJ C 55, 7.3.2009.
Case C-211/09: Judgment of the Court (Second Chamber) of 26 November 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Electronic communications — Failure to transpose within the prescribed period)
Date: 2009-11-26
Institutions: Court of Justice
Subjects: European Commission, Greece, access to information, action for failure to fulfil an obligation, communications industry, electronic mail, limitation of legal proceedings, provision of services, transmission network








C_2010024EN.01001602.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/16





Judgment of the Court (Second Chamber) of 26 November 2009 — Commission of the European Communities v Hellenic Republic
(Case C-211/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/24/EC - Electronic communications - Failure to transpose within the prescribed period)
2010/C 24/27
Language of the case: Greek

Parties


Applicant: Commission of the European Communities (represented by: L. Balta and M. Karanasou Apostolopoulou, acting as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou and K. Vasiliki, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt within the prescribed period all the measures necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ L 105, p. 54)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed periods, all the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Hellenic Republic has failed to fulfil its obligations under that directive.










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 193 of 15.08.2009
Case C-202/09: Judgment of the Court (Eighth Chamber) of 26 November 2009 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Electronic communications — Respect for private life — Retention of data generated or processed in connection with the provision of electronic communications services — Failure to transpose within the prescribed period)
Date: 2009-11-26
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, disclosure of information, electronic mail, exchange of information, fine, information network, provision of services, transmission network








C_2010024EN.01001601.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/16





Judgment of the Court (Eighth Chamber) of 26 November 2009 — Commission of the European Communities v Ireland
(Case C-202/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/24/EC - Electronic communications - Respect for private life - Retention of data generated or processed in connection with the provision of electronic communications services - Failure to transpose within the prescribed period)
2010/C 24/26
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: L. Balta and A.-A. Gilly, Agents)

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

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, Ireland has failed to fulfil its obligations under that directive.










2.


Orders Ireland to pay the costs.






(1)  OJ C 167, 18.7.2009.