do-me/EUR-LEX huggingface dataset:
Case C-486/09: Action brought on 30 November 2009 — Commission v Italian Republic
Date: 2009-11-30
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, foreign national, harmonisation of standards, residence permit, technical specification








C_2010024EN.01004202.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/42





Action brought on 30 November 2009 — Commission v Italian Republic
(Case C-486/09)
2010/C 24/73
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: M. Condou-Durande and N. Bambara, Agents)

Defendant: Italian Republic

Form of order sought







—


Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Regulation (EC) No 1030/2002 of 13 June 2002, (1) the Italian Republic has failed to fulfil its obligations under Articles 1 and 9 of the regulation;










—


Order the Italian Republic to pay the costs.





Pleas in law and main arguments

Article 1 in conjunction with Article 9 of Regulation (EC) No 1030/2002 requires the Member States to take all the measures necessary to issue a uniform format for residence permits for third-country nationals by 14 August 2003.


(1)  Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ 2002 L 157, p. 1).
Commission Regulation (EC) No 1180/2009 of 30 November 2009 entering a name in the register of protected designations of origin and protected geographical indications [Marrone di Combai (PGI)]
Date: 2009-11-30
Institutions: European Commission
Subjects: Italy, designation of origin, location of production, nut, product designation








L_2009317EN.01002801.xml










3.12.2009   


EN


Official Journal of the European Union


L 317/28








            COMMISSION REGULATION (EC) No 1180/2009
of 30 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications [Marrone di Combai (PGI)]


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)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Marrone di Combai’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 30 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 107, 9.5.2009, p. 23.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Marrone di Combai (PGI)
Case T-480/09: Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICOCENTER)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010024EN.01006702.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/67





Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICOCENTER)
(Case T-480/09)
2010/C 24/119
Language in which the application was lodged: Spanish

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bricocenter Italia Srl (Rozzano Milanofiori (Milan), Italy)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 — R 1045/2008-4.










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Bricocenter S.r.l.

Community trade mark concerned: Figurative mark containing the word element ‘BRICOCENTER’ (Application No 4 935 185) in respect of services in Class 35.

Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.

Mark or sign cited in opposition: Figurative Community trade marks containing the word elements ‘CENTROS DE BRICOLAGE BRICOCENTRO’ (No 3 262 623) and ‘ATB CENTROS DE BRICOLAGE BRICOCENTRO’ (No 989 046) in respect of services in Classes 35, 37 and 39.

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Opposition Division’s decision annulled and the opposition rejected in its entirety.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.
EC: Commission Decision of 30 November 2009 correcting Directive 2003/23/EC amending Council Directive 91/414/EEC to include imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as active substance (notified under document C(2009) 9349) (Text with EEA relevance)
Date: 2009-11-30
Institutions: European Commission
Subjects: herbicide, marketing, pharmaceutical product, plant health product








L_2009315EN.01002401.xml










2.12.2009   


EN


Official Journal of the European Union


L 315/24








            COMMISSION DECISION
         
of 30 November 2009
         
correcting Directive 2003/23/EC amending Council Directive 91/414/EEC to include imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as active substance
(notified under document C(2009) 9349)
(Text with EEA relevance)
(2009/874/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,

Whereas:







(1)


Commission Directive 2003/23/EC (2) contains an error concerning the minimum purity of the active substance oxasulfuron. That error must be corrected.












(2)


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
In the Annex to Directive 2003/23/EC, in the row concerning oxasulfuron, in the fourth column (purity), the words ‘960 g/kg’ are replaced by the words ‘930 g/kg’.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 30 November 2009.


For the Commission

Androulla VASSILIOU
            

Member of the Commission






(1)  
            OJ L 230, 19.8.1991, p. 1.

(2)  
            OJ L 81, 28.3.2003, p. 39.
Commission Regulation (EC) No 1175/2009 of 30 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Aglio Bianco Polesano (PDO))
Date: 2009-11-30
Institutions: European Commission
Subjects: Italy, bulb vegetable, designation of origin, location of production, product designation








L_2009314EN.01006001.xml










1.12.2009   


EN


Official Journal of the European Union


L 314/60








            COMMISSION REGULATION (EC) No 1175/2009
of 30 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Aglio Bianco Polesano (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)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Aglio Bianco Polesano’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 30 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 104, 6.5.2009, p. 16.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Aglio Bianco Polesano (PDO)
Case C-484/09: Reference for a preliminary ruling from the Tribunal da Relação do Porto lodged on 30 November 2009 — Manuel Carvalho Ferreira Santos v Companhia Europeia de Seguros, S.A.
Date: 2009-11-30
Institutions: Court of Justice
Subjects: civil liability, indemnification, interpretation of the law, motor vehicle, motor vehicle insurance, third-party insurance, transport accident








C_2010037EN.01002001.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/20





Reference for a preliminary ruling from the Tribunal da Relação do Porto lodged on 30 November 2009 — Manuel Carvalho Ferreira Santos v Companhia Europeia de Seguros, S.A.
(Case C-484/09)
2010/C 37/21
Language of the case: Portuguese

Referring court

Tribunal da Relação do Porto

Parties to the main proceedings


Appellant: Manuel Carvalho Ferreira Santos

Respondent: Companhia Europeia de Seguros S.A.

Question referred

In a motor vehicle collision in which none of the drivers is liable for the accident on the basis of fault, and which has caused personal injury and material loss to one of the drivers (the injured party claiming compensation), is it contrary to Community law, in particular Article 3(1) of the First Directive (Directive 72/166/EEC), (1) Article 2(1) of the Second Directive (84/5/EEC) (2) and Article 1 of the Third Directive (90/232/EEC), (3) as those provisions have been interpreted by the Court of Justice of the European Communities, for it to be possible to apportion liability for risk (Article 506(1) and (2) of the Portuguese Civil Code) with a direct impact on the amount of compensation to be awarded to the injured party for the material and non-material loss resulting from the personal injuries suffered (since that apportionment of liability for risk will entail a commensurate reduction in the amount of compensation)?


(1)  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition 1972 (II), p. 360).

(2)  Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17).

(3)  Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33).
Case C-489/09: Reference for a preliminary ruling from the Hof van Beroep te Gent (Belgium) lodged on 30 November 2009 — Vandoorne NV v Belgische Staat
Date: 2009-11-30
Institutions: Court of Justice
Subjects: Belgium, VAT, delivery, interpretation of the law, tax law, tax system, tobacco








C_2010037EN.01002101.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/21





Reference for a preliminary ruling from the Hof van Beroep te Gent (Belgium) lodged on 30 November 2009 — Vandoorne NV v Belgische Staat
(Case C-489/09)
2010/C 37/23
Language of the case: Dutch

Referring court

Hof van Beroep te Gent

Parties to the main proceedings


Appellant: Vandoorne NV

Respondent: Belgische Staat

Question referred

Is Belgian law, in particular Article 58(1), in conjunction with Article 77(1)(7), of the Value Added Tax Code (Wetboek van de belasting over de toegevoegde waarde), compatible or incompatible with Article 27 of Sixth Council Directive 77/388/EEC, (1) which allows the Member States to adopt simplification measures, and/or with Article 11.C(1) of that directive, which grants a right to a refund of value added tax (VAT) in the case of total or partial non-payment, by reason of the fact that such national law (1) lays down a simplified procedure for charging VAT on supplies of manufactured tobacco products by imposing a single charge at source; and (2) does not give persons liable to tax at the various intermediary stages of the chain of supply who have borne VAT on those products a right to a refund of VAT on account of the total or partial loss of the purchase price?


(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1)
Case F-80/08: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Wenig v Commission (Staff cases — Officials — Disciplinary procedure — Suspension of an official — Withholding of salary — Allegation of serious fault — Rights of the defence — Powers — Failure to publish a delegation of powers — Author of the contested measure lacking powers)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: European Community, European official, action for annulment (EU), fine, regulations for civil servants, remuneration of work








C_2010024EN.01007501.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/75





Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Wenig v Commission
(Case F-80/08) (1)

(Staff cases - Officials - Disciplinary procedure - Suspension of an official - Withholding of salary - Allegation of serious fault - Rights of the defence - Powers - Failure to publish a delegation of powers - Author of the contested measure lacking powers)
2010/C 24/138
Language of the case: French

Parties


Applicant: Fritz Harald Wenig (Woluwé-Saint-Pierre, Belgium) (represented by: G.-A. Dal, D. Voillemot, D. Bosquet and S. Woog, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and D. Martin, Agents)

Re:

Annulment of the Commission’s decision to suspend the applicant and to order EUR 1 000 per month to be withheld from his remuneration.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of 18 September 2008 by which the Commission of the European Communities, pursuant to Articles 23 and 24 of Annex IX to the Staff Regulations of Officials of the European Communities, suspended Mr Wenig for an indefinite period and ordered an amount of EUR 1 000 per month to be withheld from his remuneration for a maximum period of six months;










2.


Orders the Commission of the European Communities to pay the costs of the main proceedings;










3.


Orders each party to bear their own costs in the application for interim measures.






(1)  OJ C 313, 6.12.2008, p. 59.
Case C-183/09: Order of the President of the Court of 30 November 2009 — Commission of the European Communities v Hellenic Republic
Date: 2009-11-30
Institutions: Court of Justice
Subjects: Greece, VAT, action for failure to fulfil an obligation, application of EU law, fine, tax system








C_2010051EN.01002805.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/28





Order of the President of the Court of 30 November 2009 — Commission of the European Communities v Hellenic Republic
(Case C-183/09) (1)

2010/C 51/50

Language of the case: Greek

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


(1)  OJ C 167, 18.7.2009.
Joined Cases T-313/08 to T-318/98 and T-320/08 to T-328/08: Order of the Court of First Instance of 30 November 2009 — Veromar di Tudisco Alfio & Salvatore and Others v Commission (Application for annulment — Regulation (EC) No 530/2008 — Recovery of bluefin tuna stock — Fixing the TAC for 2008 — Measure of general application — Lack of individual concern — Inadmissibility)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), fishing area, fishing industry, fishing rights, sea fish








C_2010024EN.01005301.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/53





Order of the Court of First Instance of 30 November 2009 — Veromar di Tudisco Alfio & Salvatore and Others v Commission
(Joined Cases T-313/08 to T-318/98 and T-320/08 to T-328/08) (1)

(Application for annulment - Regulation (EC) No 530/2008 - Recovery of bluefin tuna stock - Fixing the TAC for 2008 - Measure of general application - Lack of individual concern - Inadmissibility)
2010/C 24/94
Language of the case: Italian

Parties


Applicants: Veromar di Tudisco Alfio & Salvatore Snc (Catania, Italy) and the sixteen other applicants of which the names appear in the annex to the order (represented by: A. Maiorana, A. De Matteis and A. De Francesco, lawyers)

Defendant: European Commission (represented by: K. Banks and D. Nardi, acting as Agents)

Re:

Application for annulment of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45 °W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9)

Operative part of the order







1.


The actions are dismissed as inadmissible.










2.


The applicants, Veromar di Tudisco Alfio & Salvatore Snc and the sixteen other applicants of which the names appear in the annex, shall bear their own costs and pay the costs incurred by the European Commission.






(1)  OJ C 272 of 25.10.2008.
Case C-487/09: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 30 November 2009 — INMOGOLF SA v Administración General del Estado
Date: 2009-11-30
Institutions: Court of Justice
Subjects: company law, indirect tax, interpretation of the law, investment company, securities, share, tax on capital








C_2010063EN.01002002.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/20





Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 30 November 2009 — INMOGOLF SA v Administración General del Estado
(Case C-487/09)
2010/C 63/32
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: INMOGOLF SA

Defendant: Administración General del Estado

Questions referred

Having regard to the fact that Article 11(a) of Council Directive 69/335/EEC (1) of 17 July 1969 concerning indirect taxes on the raising of capital (now Directive 2008/71/EC …) (2) prohibited the taxation of making available on the market or dealing in stocks, shares or other securities of the same type, and Article 12(1)(a) thereof only authorised Member States to charge duties on the transfer of securities, whether charged at a flat rate or not, and in the light of the fact that Article 108 of Law 24/1988 … on stock markets (in the wording of the 12th additional provision of Law 18/1991 …) nevertheless establishes a general exemption, from value added tax and from tax on capital transfers, for the transfer of securities, but subjects these transactions to tax on capital transfers, as transfers of assets for consideration, provided that they represent part of the capital of companies in which at least 50 % of the assets comprise immovable property and where the purchaser, as a result of that transfer, obtains a position which enables him to exercise control over the entity, without distinguishing between holding companies and companies which carry on an economic activity:






1.


Does Council Directive 69/335/EEC of 17 July 1969 preclude the automatic application of legislation of Member States, such as Article 108(2) of Law 24/1988 on stock markets, which taxes certain transfers of securities which conceal transfers of immovable assets, even if there has been no intention to avoid taxation?
If it is not necessary for there to be an intention to avoid taxation,










2.


Does Council Directive 69/335/EEC of 17 July 1969 preclude legislation such as … Law 24/1988, which establishes a charge on the acquisition of major shareholdings in companies whose assets comprise mainly immovable property, even though those companies are fully operative and the immovable assets cannot be disassociated from their economic activities?






(1)  OJ English Special Edition 1969 (II), p. 412.

(2)  OJ 2008 L 46, p. 11.
Joined Cases T-415/07 and T-416/07: Order of the Court of First Instance of 30 November 2009 — RedEnvelope v OHIM — Red Letter Days (redENVELOPE)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), distance selling, trade-mark law








C_2010024EN.01006904.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/69





Order of the Court of First Instance of 30 November 2009 — RedEnvelope v OHIM — Red Letter Days (redENVELOPE)
(Joined Cases T-415/07 and T-416/07) (1)

2010/C 24/125

Language of the case: English

The President of the Court of First Instance (Sixth Chamber) has ordered that the joined cases be removed from the register.


(1)  C 8, 12.1.2008.