do-me/EUR-LEX huggingface dataset:
Notice concerning the entry into force of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2009-12-15
Institutions: Council of the European Union
Subjects: Switzerland, agricultural product, application of EU law, ratification of an agreement, trade agreement (EU), trading operation








L_2009328EN.01004101.xml










15.12.2009   


EN


Official Journal of the European Union


L 328/41







Notice concerning the entry into force of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

The Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (1), which the Council decided to conclude on 19 October 2009
          (2), entered into force on 1 December 2009, with the last notification of completion of procedures under Article 2 of that Agreement having been received on 30 November 2009.


(1)  
            OJ L 352, 31.12.2008, p. 23.

(2)  
            OJ L 288, 4.11.2009, p. 22.
Euro exchange rates
Date: 2009-12-15
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate








C_2009303EN.01001801.xml










15.12.2009   


EN


Official Journal of the European Union


C 303/18





Euro exchange rates (1)

14 December 2009
2009/C 303/07

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4647




JPY


Japanese yen


129,55




DKK


Danish krone


7,4416




GBP


Pound sterling


0,90060




SEK


Swedish krona


10,4225




CHF


Swiss franc


1,5122




ISK


Iceland króna


 




NOK


Norwegian krone


8,4685




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,734




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


273,18




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7066




PLN


Polish zloty


4,1483




RON


Romanian leu


4,2496




TRY


Turkish lira


2,2023




AUD


Australian dollar


1,6071




CAD


Canadian dollar


1,5584




HKD


Hong Kong dollar


11,3537




NZD


New Zealand dollar


2,0197




SGD


Singapore dollar


2,0393




KRW


South Korean won


1 694,84




ZAR


South African rand


10,9439




CNY


Chinese yuan renminbi


10,0013




HRK


Croatian kuna


7,2801




IDR


Indonesian rupiah


13 870,61




MYR


Malaysian ringgit


4,9939




PHP


Philippine peso


67,501




RUB


Russian rouble


44,0750




THB


Thai baht


48,533




BRL


Brazilian real


2,5618




MXN


Mexican peso


18,8668




INR


Indian rupee


68,3870






(1)  Source: reference exchange rate published by the ECB.
Case T-476/08: Judgment of the General Court of 15 December 2009 — Media-Saturn v OHIM (Community trade mark — Application for figurative Community trade mark BEST BUY — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Date: 2009-12-15
Institutions: General Court
Subjects: European Union Intellectual Property Office, Germany, action for annulment (EU), audiovisual industry, services company








C_2010037EN.01003502.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/35





Judgment of the General Court of 15 December 2009 — Media-Saturn v OHIM
(Case T-476/08) (1)

(Community trade mark - Application for figurative Community trade mark BEST BUY - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
2010/C 37/47
Language of the case: German

Parties


Applicant: Media-Saturn-Holding GmbH (Ingolstadt, Germany) (represented initially by: K. Lewinsky; subsequently by: C.-R. Haarmann and E. Warnke, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 591/2008-4) concerning an application for registration of the figurative sign BEST BUY as a Community trade mark

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Media-Saturn-Holding GmbH to pay the costs.






(1)  OJ C 327, 20.12.2008.
Case T-107/06: Order of the General Court of 15 December 2009 — Inet Hellas v Commission (Action for annulment — Implementation of the .eu top-level domain — Registration of the domain .co as a second-level domain — Non-actionable measure — Inadmissibility)
Date: 2009-12-15
Institutions: General Court
Subjects: European Commission, Internet address, action for annulment (EU), application of EU law








C_2010037EN.01003602.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/36





Order of the General Court of 15 December 2009 — Inet Hellas v Commission
(Case T-107/06) (1)

(Action for annulment - Implementation of the ‘.eu’ top-level domain - Registration of the domain ‘.co’ as a second-level domain - Non-actionable measure - Inadmissibility)
2010/C 37/49
Language of the case: Greek

Parties


Applicant: Inet Hellas Ilektroniki Ipiresia Pliroforion EPE (Inet Hellas) (Athens, Greece) (represented by: V. Chatzopoulos, lawyer)

Defendant: European Commission (represented by: G. Zavvos and E Montaguti, Agents)

Re:

Application for annulment of the decision supposedly contained in the Commission’s letter of 31 January 2004 concerning the rejection by the body responsible for the organisation, administration and management of the ‘.eu’ top-level domain of the applicant’s request for registration of ‘.co’ as a second-level domain.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Inet Hellas Ilektroniki Ipiresia Pliroforion EPE (Inet Hellas) is ordered to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 190, 12.8.2006.
Case F-8/09: Order of the Civil Service Tribunal (First Chamber) of 15 December 2009 — Apostolov v Commission (Civil service — Officials — Action inadmissible — Delay)
Date: 2009-12-15
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, EPSO, European Commission, action by staff, action for annulment (EU), competition (EU), staff assessment








C_2010037EN.01005001.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/50





Order of the Civil Service Tribunal (First Chamber) of 15 December 2009 — Apostolov v Commission
(Case F-8/09) (1)

(Civil service - Officials - Action inadmissible - Delay)
2010/C 37/78
Language of the case: English

Parties


Applicant: Apostolov (Saarwellingen, Germany) (represented by: D. Schneider-Addaeh-Mensah, lawyer)

Defendant: Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Annulment of the decision of EPSO not to include the applicant’s name in the reserve list for selection procedure EPSO/CAST27/4/07

Operative part of the order







1.


Dismisses the action as inadmissible.










2.


Orders Mr Apostolov to pay the costs.






(1)  OJ C 244, 10.10.2009, p. 16.
Prior notification of a concentration (Case COMP/M.5698 — One Equity Partners III LP/Constantia Packaging) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-12-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, packaging product








C_2009303EN.01003301.xml










15.12.2009   


EN


Official Journal of the European Union


C 303/33





Prior notification of a concentration
(Case COMP/M.5698 — One Equity Partners III LP/Constantia Packaging)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 303/13






1.


On 2 December 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 Sulipo Beteiligungsverwaltungs GmbH, an acquisition company based in Vienna, controlled by One Equity Partners advised funds (‘OEP’, USA) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of Constantia Packaging AG (‘CPAG’, Austria) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for OEP: private equity funds,










—


for CPAG: aluminium, corrugated board and flexible packaging.














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.5698 — One Equity Partners III LP/Constantia Packaging, 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.
Council Decision 2009/956/CFSP of 15 December 2009 amending Joint Action 2009/131/CFSP extending the mandate of the European Union Special Representative for the crisis in Georgia
Date: 2009-12-15
Institutions: European Commission
Subjects: Georgia, appointment of staff, common foreign and security policy, diplomatic representation, the EU's international role




L_2009330EN.01007701.xml










16.12.2009   


EN


Official Journal of the European Union


L 330/77








            COUNCIL DECISION 2009/956/CFSP
of 15 December 2009
         
amending Joint Action 2009/131/CFSP extending the mandate of the European Union Special Representative for the crisis in Georgia


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Treaty on the European Union, and in particular Articles 28, 31(2) and 33 thereof,

Whereas:







(1)


On 25 September 2008, the Council adopted Joint Action 2008/760/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (EUSR) for the crisis in Georgia until 28 February 2009.












(2)


On 16 February 2009, the Council adopted Joint Action 2009/131/CFSP (2) extending the mandate of the EUSR until 31 August 2009, and on 27 July 2009, the Council adopted Joint Action 2009/571/CFSP (3) further extending the mandate of the EUSR until 28 February 2010.












(3)


A new financial reference amount should be provided in order to cover the expenditure related to the mandate of the EUSR until 28 February 2010.












(4)


The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy set out in Article 21 of the Treaty,





HAS ADOPTED THIS DECISION:



Article 1
Joint Action 2009/131/CFSP is hereby amended as follows:
Article 5(1) shall be replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2009 to 28 February 2010 shall be 517 000 EUR.’.



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


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




Done at Brussels, 15 December 2009.


For the Council


The President

E. ERLANDSSON
            





(1)  
            OJ L 259, 27.9.2008, p. 16.

(2)  
            OJ L 46, 17.2.2009, p. 47.

(3)  
            OJ L 197, 29.7.2009, p. 109.
Non-opposition to a notified concentration (Case COMP/M.5495 — Unicredit/Banca IMI/Eurotlx SIM JV) Text with EEA relevance
Date: 2009-12-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial institution, merger control








C_2009303EN.01000501.xml










15.12.2009   


EN


Official Journal of the European Union


C 303/5





Non-opposition to a notified concentration
(Case COMP/M.5495 — Unicredit/Banca IMI/Eurotlx SIM JV)
(Text with EEA relevance)
2009/C 303/03
On 23 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 32009M5495. EUR-Lex is the on-line access to the European law.
Case C-523/09: Reference for a preliminary ruling from the Tartu Ringkonnakohus (Estonia) lodged on 15 December 2009 — AS Rakvere Piim, AS Maag Piimatööstus v Veterinaar- ja Toiduamet
Date: 2009-12-15
Institutions: Court of Justice
Subjects: animal nutrition, financing, food inspection, foodstuff, foodstuffs legislation, health control, interpretation of the law, tax system








C_2010063EN.01002503.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/25





Reference for a preliminary ruling from the Tartu Ringkonnakohus (Estonia) lodged on 15 December 2009 — AS Rakvere Piim, AS Maag Piimatööstus v Veterinaar- ja Toiduamet
(Case C-523/09)
2010/C 63/42
Language of the case: Estonian

Referring court

Tartu Ringkonnakohus

Parties to the main proceedings


Applicants: AS Rakvere Piim and AS Maag Piimatööstus

Defendant: Veterinaar- ja Toiduamet

Questions referred







1.


Must Article 27(4)(a) of Regulation (EC) No 882/2004 (1) of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules be interpreted as not prohibiting the demanding of a fee from an operator at the minimum rate laid down in Part B of Annex IV to that regulation for the activities listed in Part A of Annex IV to the regulation, even if the costs borne by the responsible competent authorities in connection with the items listed in Annex VI to that regulation are lower than the above-mentioned minimum rates?










2.


Is a Member State entitled, on the conditions mentioned in the previous question, to establish fees for the activities listed in Part A of Annex IV to that regulation that are lower than the minimum amounts laid down in Part B of Annex IV to that regulation, if the costs borne by the responsible competent authorities in connection with the items listed in Annex VI to that regulation are lower than the above-mentioned minimum rates, without the conditions laid down in Article 27(6) of that regulation being satisfied?






(1)  OJ 2004 L 165, p. 1.
Case C-239/06: Judgment of the Court (Grand Chamber) of 15 December 2009 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Duty-free imports of military equipment)
Date: 2009-12-15
Institutions: Court of Justice
Subjects: CCT duties, European Commission, Italy, action for failure to fulfil an obligation, customs regulations, military equipment, own resources








C_2010051EN.01000601.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/6





Judgment of the Court (Grand Chamber) of 15 December 2009 — European Commission v Italian Republic
(Case C-239/06) (1)

(Failure of a Member State to fulfil obligations - Duty-free imports of military equipment)
2010/C 51/08
Language of the case: Italian

Parties


Applicant: European Commission (represented by: G. Wilms, C. Cattabriga and L. Visaggio, Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, G. De Bellis, avvocato dello Stato)

Interveners in support of the defendant: Hellenic Republic (represented by: E.-M. Mamouna, A. Samoni-Rantou and K. Boskovits, Agents), Republic of Finland (represented by: A. Guimaraes-Purokoski, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 9, 10 and 11 of Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities’ own resources (OJ 1989 L 155, p. 1) and the corresponding provisions of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2000/597/EC, Euratom on the system of the Communities’ own resources (OJ 2000 L 130, p) — Duty-free imports of military equipment — Refusal to calculate the amounts which should have been collected and allocated to the Communities’ own resources.

Operative part of the judgment

The Court:






1.


Declares that, by exempting imports of military material from customs duties in the period from 1 January 1998 until 31 December 2002 and by refusing to calculate, declare and make available to the European Commission in good time the own resources which were not collected because of that exemption and the default interest payable because of the failure to make those own resources available to the European Commission in good time, the Italian Republic has failed to fulfil its obligations under Article 2 and Articles 9 to 11 of Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities’ own resources, as amended by Council Regulation (EC, Euratom) No 1355/96 of 8 July 1996, and the same articles of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources.










2.


Orders the Italian Republic to pay the costs.










3.


Orders the Hellenic Republic and the Republic of Finland to bear their own costs.






(1)  OJ C 178, 29.7.2006.
Political and Security Committee Decision EUPM/1/2009 of 15 December 2009 concerning the extension of the mandate of the Head of Mission of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
Date: 2009-12-15
Institutions: Political and Security Committee
Subjects: Bosnia and Herzegovina, EU police cooperation, appointment of staff, peacekeeping, the EU's international role








L_2009330EN.01007901.xml










16.12.2009   


EN


Official Journal of the European Union


L 330/79








            POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2009
of 15 December 2009
         
concerning the extension of the mandate of the Head of Mission of the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
(2009/958/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2009/906/CFSP of 8 December 2009 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and in particular Article 10(1) thereof,

Whereas:







(1)


Under Article 10(1) of Decision 2009/906/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purposes of political control and strategic direction of EUPM and in particular to appoint a Head of Mission.












(2)


On 24 October 2008, upon a proposal by the Secretary General/High Representative (SG/HR), the PSC appointed by its Decision 2008/835/CFSP (2) Mr Stefan FELLER as Head of Mission of EUPM until 31 December 2009.












(3)


On 13 November 2009, the SG/HR proposed to the PSC that it extend the mandate of Mr Stefan FELLER as Head of Mission of EUPM for an additional year, until 31 December 2010.





HAS ADOPTED THIS DECISION:



Article 1
The mandate of Mr Stefan FELLER as Head of Mission of the European Union Police Mission in Bosnia and Herzegovina is hereby extended until 31 December 2010.


Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply until 31 December 2010.


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




Done at Brussels, 15 December 2009.


For the Political and Security Committee


The President

O. SKOOG
            





(1)  
            OJ L 322, 9.12.2009, p. 22.

(2)  
            OJ L 298, 7.11.2008, p. 30.
Case C-294/05: Judgment of the Court (Grand Chamber) of 15 December 2009 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Duty-free imports of military equipment and of dual-use goods for civil and military use)
Date: 2009-12-15
Institutions: Court of Justice
Subjects: European Commission, Sweden, dual-use good, military equipment, own resources, tariff exemption








C_2010051EN.01000301.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/3





Judgment of the Court (Grand Chamber) of 15 December 2009 — European Commission v Kingdom of Sweden
(Case C-294/05) (1)

(Failure of a Member State to fulfil obligations - Duty-free imports of military equipment and of dual-use goods for civil and military use)
2010/C 51/03
Language of the case: Swedish

Parties


Applicant: European Commission (represented by: L. Ström van Lier, P. Dejmek and G. Wilms, Agents)

Defendant: Kingdom of Sweden (represented by: A. Kruse and A. Falk, Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: M. Lumma, Agent), Republic of Finland (represented by: J. Heliskoski, Agent), Kingdom of Denmark (represented by: J. Molde, Agent)

Re:

Failure of a Member State to fulfil obligations — Articles 2, 9, 10 and 11 of Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities’ own resources (OJ 1989 L 155, p. 1) and, for the period after 31 May 2000, of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources (OJ 2000 L 130, p. 1) — Duty-free imports of military equipment and goods for civilian or military use

Operative part of the judgment

The Court:






1.


Declares that, by failing to declare and pay to the European Commission own resources which were not collected in the period from 1 January 1998 until 31 December 2002, relating to imports of war material and goods for both civil and military use, and by failing to pay default interest arising from the failure to pay those own resources to the European Commission, the Kingdom of Sweden has failed to fulfil its obligations under Article 2 and Articles 9 to 11 of Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities’ own resources, as amended by Council Regulation (EC, Euratom) No 1355/96 of 8 July 1996, until 31 May 2000 and, after that date, the same articles of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources.










2.


Orders the Kingdom of Sweden to pay the costs.










3.


Orders the Federal Republic of Germany, the Republic of Finland and the Kingdom of Denmark to bear their own costs.






(1)  OJ C 217, 3.9.2005.