do-me/EUR-LEX huggingface dataset:
Decision of the Council (General Affairs) of 1 December 2009 establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty on European Union
Date: 2009-12-01
Institutions: Council of the European Union
Subjects: Council of the European Union, operation of the Institutions, rules of procedure








L_2009315EN.01004601.xml










2.12.2009   


EN


Official Journal of the European Union


L 315/46








            DECISION OF THE COUNCIL (GENERAL AFFAIRS)
of 1 December 2009
         
establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty on European Union
(2009/878/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on transitional provisions, and in particular Article 4 thereof,

Whereas:







(1)


Article 4 of the Protocol on transitional provisions provides that until the entry into force of the European Council Decision referred to in the first subparagraph of Article 16(6) of the Treaty on European Union regarding the list of Council configurations, the list of Council configurations, in addition to the General Affairs and the Foreign Affairs ones, should be established by the General Affairs Council, acting by a simple majority.












(2)


The list of Council configurations was established by the Council (General Affairs) on 22 July 2002, as part of Annex I to the Council's Rules of Procedure and following the list agreed upon at the European Council meeting in Seville on 21 and 22 June 2002.












(3)


In order to comply with the provisions of the Treaties, it is appropriate to adapt this list, which is to be inserted in the Council's Rules of Procedure,





HAS ADOPTED THIS DECISION:



Article 1
The list of Council configurations referred to in Article 4 of the Protocol on transitional provisions is set out in Annex.


Article 2
This Decision shall enter into force on the day of its adoption.
It shall be published in the Official Journal of the European Union.




Done at Brussels, 1 December 2009.


For the Council


The President

C. BILDT
            







ANNEX

LIST OF COUNCIL CONFIGURATIONS









1.


General affairs (1);












2.


Foreign affairs (2);












3.


Economic and financial affairs (3);












4.


Justice and home affairs (4);












5.


Employment, social policy, health and consumer affairs;












6.


Competitiveness (internal market, industry and research) (5);












7.


Transport, telecommunications and energy;












8.


Agriculture and fisheries;












9.


Environment;












10.


Education, youth and culture (6).






(1)  This configuration is established by Article 16(6), second subparagraph, of the Treaty on European Union.

(2)  This configuration is established by Article 16(6), third subparagraph, of the Treaty on European Union.

(3)  Including budget.

(4)  Including civil protection.

(5)  Including tourism.

(6)  Including audiovisual affairs.
Non-opposition to a notified concentration (Case COMP/M.5640 — SCF/AIG BANK/AIG Credit) Text with EEA relevance
Date: 2009-12-01
Institutions: European Commission
Subjects: consumer credit, disclosure of information, economic concentration, financial institution, merger control, restrictive-practice authorisation








C_2009291EN.01000702.xml










1.12.2009   


EN


Official Journal of the European Union


C 291/7





Non-opposition to a notified concentration
(Case COMP/M.5640 — SCF/AIG BANK/AIG Credit)
(Text with EEA relevance)
2009/C 291/03
On 20 November 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


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










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5640. EUR-Lex is the on-line access to the European law.
Judgment of the Court of 1 December 2009 in Case E-7/09 EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/56/EC of the European Parliament and of the Council on cross-border mergers of limited liability companies)
Date: 2009-12-01
Institutions: EFTA Court
Subjects: EFTA Court, European standard, Liechtenstein, action for failure to fulfil an obligation, company with share capital, merger, merger control, multinational enterprise, registration of a company, worker participation








C_2010256EN.01000801.xml










23.9.2010   


EN


Official Journal of the European Union


C 256/8





JUDGMENT OF THE COURT
of 1 December 2009
in Case E-7/09
EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/56/EC of the European Parliament and of the Council on cross-border mergers of limited liability companies)

2010/C 256/08
In Case E-7/09, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by failing to adopt the measures necessary to implement the Act referred to at point 10e of Annex XXII to the EEA Agreement, i.e. Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, as adapted to the EEA Agreement by Protocol 1 thereto, within the time-limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of that Act and Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur), Judges, gave judgment on 1 December 2009, the operative part of which is as follows:
The Court hereby:






1.


Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 19 of the Directive and under Article 7 of the EEA Agreement.










2.


Orders the Principality of Liechtenstein to bear the costs of the proceedings.
Council Decision of 1 December 2009 laying down the conditions of employment of the President of the European Council
Date: 2009-12-01
Institutions: Council of the European Union
Subjects: European Council, operation of the Institutions, pay, president of an institution




L_2009322EN.01003501.xml










9.12.2009   


EN


Official Journal of the European Union


L 322/35








            COUNCIL DECISION
         
of 1 December 2009
         
laying down the conditions of employment of the President of the European Council
(2009/909/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 243 thereof,


Having regard to Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, members and Registrar of the Court of First Instance and of the President, Members and Registrar of the European Union Civil Service Tribunal (1),

Whereas:







(1)


The Treaty of Lisbon transforms the European Council into an institution of the European Union and institutes the office of President of the European Council with a term of office of two and a half years, renewable once.












(2)


The conditions of employment of the President of the European Council should be laid down,





HAS ADOPTED THIS DECISION:



Article 1

1.   The provisions of Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 which apply to the President of the Commission shall apply by analogy to the President of the European Council.


2.   The basic monthly salary of the President of the European Council shall be equal to the amount resulting from application of 138 % to the basic salary of an official of the European Union at grade 16 third step.



Article 2
This Decision shall be notified to the President of the European Council by the President of the Council.
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 1 December 2009.


For the Council


The President

B. ASK
            





(1)  
            OJ L 187, 8.8.1967, p. 1.
Case C-494/09: Reference for a preliminary ruling from the Commissione Tributaria Provinciale di Alessandria (Italy) lodged on 1 December 2009 — Bolton Alimentari SpA v Agenzia Dogane Ufficio delle Dogane Di Alessandria
Date: 2009-12-01
Institutions: Court of Justice
Subjects: Italy, customs regulations, defoliation, equal treatment, import (EU), interpretation of the law, redemption, tariff quota








C_2010024EN.01004401.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/44





Reference for a preliminary ruling from the Commissione Tributaria Provinciale di Alessandria (Italy) lodged on 1 December 2009 — Bolton Alimentari SpA v Agenzia Dogane Ufficio delle Dogane Di Alessandria
(Case C-494/09)
2010/C 24/76
Language of the case: Italian

Referring court

Commissione Tributaria Provinciale di Alessandria

Parties to the main proceedings


Applicant: Bolton Alimentari SpA

Defendant: Agenzia Dogane Ufficio delle Dogane Di Alessandria

Questions referred







1.


Is Article 239 CCC to be interpreted as meaning that, in a case such as that at issue here, where the Member State takes the view that the European Commission cannot be criticised for having committed any irregularity and none of the other circumstances contemplated in Article 905(1) (of Regulation No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code)(‘ICCC’) obtain, that same Member State may decide independently on an application for repayment to the debtor within the meaning of Article 899(2) ICCC?










2.


If the answer to the preceding question is in the affirmative, may the expression ‘special situation’ used in (Article 905(1) ICCC with reference to)Article 239 of the Common Customs Code refer to the exclusion of a Community importer from a tariff quota whose opening date falls on a Sunday because of the Sunday closing of the customs offices of the Member State in question?










3.


Are Article 308a to 308c ICCC and the relevant provisions of the Administrative Arrangement on the management of tariff quotas to be interpreted as meaning that, in a case such as that at issue here, the Member State should have asked the Commissione Tributaria beforehand to suspend the tariff quota in question in order to enable Italian importers to receive equal and non-discriminatory treatment in comparison with importers from other Member States?










4.


Are the exclusion of Bolton s.p.a. from the quota, as decided by the Commissione Tributaria and the TAXUD note, measures taken in compliance with Article 308a to 308c ICCC, as well as with the relevant provisions of the Administrative Arrangement on the management of tariff quotas adopted by the Customs Code Committee (TAXUD/3439/2006-rev.1-[EN]), and therefore valid?
Commission Regulation (EU) No 1178/2009 of 1 December 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-12-01
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2009315EN.01004401.xml










2.12.2009   


EN


Official Journal of the European Union


L 315/44








            COMMISSION REGULATION (EU) No 1178/2009
of 1 December 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


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 2 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 2009.


For the Commission, on behalf of the President,

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 


36,8 




MA 


37,2 




MK 


52,7 




TR 


64,3 




ZZ 


47,8 




0707 00 05 


MA 


59,4 




TR 


129,9 




ZZ 


94,7 




0709 90 70 


MA 


35,6 




TR 


127,6 




ZZ 


81,6 




0805 20 10 


MA 


65,9 




ZZ 


65,9 




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


CN 


49,3 




HR 


58,2 




MA 


63,0 




TR 


77,5 




ZZ 


62,0 




0805 50 10 


AR 


64,7 




MA 


61,1 




TR 


68,1 




ZZ 


64,6 




0808 10 80 


AU 


142,2 




CA 


70,1 




CN 


108,9 




MK 


20,3 




US 


78,6 




ZA 


106,5 




ZZ 


87,8 




0808 20 50 


CN 


81,9 




TR 


91,0 




US 


258,9 




ZZ 


143,9 






(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-485/09: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany), lodged on 1 December 2009 — Viamex Agrar Handels GmbH v Hauptzollamt Hamburg-Jonas
Date: 2009-12-01
Institutions: Court of Justice
Subjects: animal welfare, cattle, export refund, interpretation of the law, principle of proportionality, protection of animals, rail transport, transport of animals








C_2010037EN.01002002.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/20





Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany), lodged on 1 December 2009 — Viamex Agrar Handels GmbH v Hauptzollamt Hamburg-Jonas
(Case C-485/09)
2010/C 37/22
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: Viamex Agrar Handels GmbH

Defendant: Hauptzollamt Hamburg-Jonas

Questions referred







1.


Does point 48(5) of Chapter VII of the Annex to Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC, (1) in the version of Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC on the protection of animals during transport, (2) apply to rail transport?










2.


In situations in which the breach of Directive 91/628/EEC has not resulted in the death of the animals, are courts generally under an obligation to examine whether the competent authority of the Member State applied Article 5(3) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport (3) in a manner consistent with the principle of proportionality?






(1)  OJ 1991 L 340, p. 17.

(2)  OJ 1995 L 148, p. 52.

(3)  OJ 1998 L 82, p. 19.
Judgment of the Court of 1 December 2009 in Case E-3/09 EFTA Surveillance Authority v The Principality of Liechtenstein (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)
Date: 2009-12-01
Institutions: EFTA Court
Subjects: EFTA Court, European standard, Liechtenstein, action for failure to fulfil an obligation, freedom to provide services, insurance company, reinsurance, right of establishment








C_2010256EN.01000601.xml










23.9.2010   


EN


Official Journal of the European Union


C 256/6





JUDGMENT OF THE COURT
of 1 December 2009
in Case E-3/09 EFTA Surveillance Authority v The Principality of Liechtenstein

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

2010/C 256/06
In Case E-3/09, EFTA Surveillance Authority v The Principality of Liechtenstein — APPLICATION for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority of the measures necessary to implement the Act referred to, inter alia, at point 7b of Annex IX to the EEA Agreement, i.e. Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by way of Protocol 1 thereto, within the time-limit prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 64(1) of that Act and under Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson (Judge-Rapporteur) and Henrik Bull, Judges, gave judgment on 1 December 2009, the operative part of which is as follows:
The Court hereby:






1.


Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC, as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, the Principality of Liechtenstein has failed to fulfil its obligations under Article 64(1) of the Directive and under Article 7 of the EEA Agreement.










2.


Orders the Principality of Liechtenstein to bear the costs of the proceedings.
European Council Decision of 1 December 2009 electing the President of the European Council
Date: 2009-12-01
Institutions: European Council
Subjects: European Council, election, president of an institution








L_2009315EN.01004801.xml










2.12.2009   


EN


Official Journal of the European Union


L 315/48








            EUROPEAN COUNCIL DECISION
         
of 1 December 2009
         
electing the President of the European Council
(2009/879/EU)


THE EUROPEAN COUNCIL,

Having regard to the Treaty on the European Union, and in particular Article 15(5) thereof,

Whereas:







(1)


The Treaty of Lisbon institutes the new office of President of the European Council.












(2)


The President of the European Council should be elected,





HAS ADOPTED THIS DECISION:



Article 1
Mr Herman VAN ROMPUY is hereby elected President of the European Council for the period from 1 December 2009 until 31 May 2012.


Article 2
This Decision shall be notified to Mr Herman VAN ROMPUY by the Secretary-General of the Council.
It shall be published in the Official Journal of the European Union.




Done at Brussels, 1 December 2009.


For the European Council


The President

F. REINFELDT