do-me/EUR-LEX huggingface dataset:
Case C-280/09: Order of the President of the Court of 15 December 2009 — European Commission v Portuguese Republic
Date: 2009-12-15
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, drug traffic, export monitoring, national implementing measure, psychotropic substance, surveillance concerning imports








C_2010063EN.01004501.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/45





Order of the President of the Court of 15 December 2009 — European Commission v Portuguese Republic
(Case C-280/09) (1)

2010/C 63/78

Language of the case: Portuguese

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


(1)  OJ C 256, 24.10.2009.
Corrigendum to Commission Regulation (EC) No 1205/2008 of 3 December 2008 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards metadata ( OJ L 326, 4.12.2008 )
Date: 2009-12-15
Institutions: European Commission
Subjects: European Community, data transmission, disclosure of information, document indexing, exchange of information, geographical information system, political geography








L_2009328EN.01008301.xml










15.12.2009   


EN


Official Journal of the European Union


L 328/83







Corrigendum to Commission Regulation (EC) No 1205/2008 of 3 December 2008 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards metadata
(
Official Journal of the European Union L 326 of 4 December 2008
)







—


On page 12, delete the subtitle ‘(Text with EEA relevance)’;










—


on page 20, Annex, Part D, point 1.3:




for:


                  ‘Spatial data services (services)’,

read:


                  ‘Spatial data service (service)’.
Political and Security Committee Decision EUJUST LEX/2/2009 of 15 December 2009 concerning the appointment of the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX
Date: 2009-12-15
Institutions: Political and Security Committee
Subjects: Iraq, appointment of staff, fact-finding mission, rule of law, the EU's international role








L_2009338EN.01009201.xml










19.12.2009   


EN


Official Journal of the European Union


L 338/92








            POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX/2/2009
of 15 December 2009
         
concerning the appointment of the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX
(2009/982/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 Joint Action 2009/475/CFSP of 11 June 2009 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX, and in particular Article 9(2) thereof,

Whereas:







(1)


On 11 June 2009, the Council adopted Joint Action 2009/475/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX. That Joint Action expires on 30 June 2010.












(2)


Article 9(2) of Joint Action 2009/475/CFSP authorises the Political and Security Committee to take decisions regarding the appointment of the Head of Mission.












(3)


The High Representative of the Union for Foreign Affairs and Security Policy has proposed that Mr Francisco DÍAZ ALCANTUD be appointed as Head of Mission of EUJUST LEX until 30 June 2010.





HAS ADOPTED THIS DECISION:



Article 1
Mr Francisco DÍAZ ALCANTUD is hereby appointed as Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX, for the period from 1 January 2010 until 30 June 2010.


Article 2
This Decision shall be notified to Mr Francisco DÍAZ ALCANTUD.
It shall take effect on the day of its notification.




Done at Brussels, 15 December 2009.


For the Political and Security Committee


The President

O. SKOOG
Prior notification of a concentration (Case COMP/M.5677 — Schuitema/Super de Boer Assets) Text with EEA relevance
Date: 2009-12-15
Institutions: European Commission
Subjects: distributive trades, economic concentration, exchange of information, goods and services, merger control








C_2009303EN.01003201.xml










15.12.2009   


EN


Official Journal of the European Union


C 303/32





Prior notification of a concentration
(Case COMP/M.5677 — Schuitema/Super de Boer Assets)
(Text with EEA relevance)
2009/C 303/12






1.


On 4 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 Schuitema B.V. (‘Schuitema’, the Netherlands), ultimately controlled by CVC Capital Partners (‘CVC’, Luxembourg), acquires from Jumbo Groep Holding, sole control over assets related to Super de Boer N.V. stores (‘Super de Boer Assets’, the Netherlands) within the meaning of Article 3(1)(b) of the Regulation, by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


Schuitema: procurement, wholesale and retail of daily consumer goods and related services in the Netherlands,










—


Super de Boer Assets: 21 own supermarkets and 59 franchise supermarkets active in retail of daily consumer goods and related services in the Netherlands.














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.5677 — Schuitema/Super de Boer Assets, 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.
Corrigendum to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies ( OJ C 269, 10.11.2009 )
Date: 2009-12-15
Institutions: European Court of Auditors
Subjects: European Court of Auditors, activity report, audit, financial control, financial management, financial year, implementation of the budget








C_2009304EN.01016401.xml










15.12.2009   


EN


Official Journal of the European Union


C 304/164





Corrigendum to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies

(
Official Journal of the European Union C 269 of 10 November 2009
)

2009/C 304/30
On page 222, paragraph 11.25:
for:







‘THE COURT’S OBSERVATIONS






11.25.


The Court found no material errors that might call into question the reliability of the accounts that it audited (Karlsruhe and Mol schools and the Central Office), which were drawn up under the provisions of the Financial Regulation of 24 October 2006 applicable to the budget of the European Schools, and the legality and regularity of the transactions underlying these accounts. However, based on the Court’s review, the consolidated accounts are not presented fairly and transparent, in all material respects, in accordance with the relevant accounting standards, with regard to (a) the unsatisfactory application of the accrual based accounting principle and (b) the inclusion of the surplus of the previous year as a revenue of the present year.’






 





read:







‘THE COURT’S OBSERVATIONS






11.25.


The Court found no material errors that might call into question the reliability of the accounts that it audited (Karlsruhe and Mol schools and the Central Office), which were drawn up under the provisions of the Financial Regulation of 24 October 2006 applicable to the budget of the European Schools, and the legality and regularity of the transactions underlying these accounts. However, based on the Court’s review, the consolidated accounts are not presented fairly and transparent, in all material respects, in accordance with the relevant accounting standards, with regard to (a) the unsatisfactory application of the accrual based accounting principle and (b) the inclusion of the surplus of the previous year as a revenue of the present year.







11.25.   REPLY OF THE EUROPEAN SCHOOLS

The points raised by the Court will be examined as parts of the forthcoming review of the European Schools’ Financial Regulation.’
Case F-100/09: Action brought on 15 December 2009 — Michail v Commission
Date: 2009-12-15
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European official, action by staff, allowances and expenses, psychological harassment, regulations for civil servants








C_2010063EN.01005201.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/52





Action brought on 15 December 2009 — Michail v Commission
(Case F-100/09)
2010/C 63/91
Language of the case: Greek

Parties


Applicant: Christos Michail (Brussels, Belgium) (represented by: C. Meidani, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the defendant's decision rejecting the applicant's application under Article 24 of the Staff Regulations by reason of the harassment of which the applicant claims to have been a victim.

Forms of order sought







—


Annulment of the decision dated 9 March 2009, rejecting the application for assistance under Article 24 of the Staff Regulations;










—


Order against the Commission to pay compensation for non-material damage amounting to EUR 30 000;










—


Costs order against the European Commission.
Notice concerning the entry into force of the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union
Date: 2009-12-15
Institutions: Council of the European Union
Subjects: Bulgaria, EU Member State, Romania, Switzerland, accession to the European Union, application of EU law, free movement of persons, protocol to an agreement, transitional period (EU)








L_2009328EN.01004001.xml










15.12.2009   


EN


Official Journal of the European Union


L 328/40







Notice concerning the entry into force of the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union

The Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union (1), which the Council decided to conclude on 27 November 2008
          (2), entered into force on 1 June 2009, with the last notification of completion of procedures under Article 7 of that Protocol having been received on 5 May 2009.


(1)  
            OJ L 124, 20.5.2009, p. 53.

(2)  
            Ibid. p. 51.
Case T-412/08: Judgment of the General Court of 15 December 2009 — Trubion Pharmaceuticals v OHIM — Merck (TRUBION) (Community trade mark — Opposition proceedings — Application for the Community word mark TRUBION — Earlier Community figurative mark TriBion Harmonis — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2009-12-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, United States, action for annulment (EU), intellectual property, medicinal product, pharmaceutical industry, trade-mark law








C_2010037EN.01003501.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/35





Judgment of the General Court of 15 December 2009 — Trubion Pharmaceuticals v OHIM — Merck (TRUBION)
(Case T-412/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark TRUBION - Earlier Community figurative mark TriBion Harmonis - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 37/46
Language of the case: English

Parties


Applicant: Trubion Pharmaceuticals, Inc. (Seattle, Washington, United States) (represented by: C. Hertz-Eichenrode, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Merck KGaA (Darmstadt, Germany) (represented initially by M. Best and R. Freitag, and subsequently by M. Best and U. Pfleghar, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Trubion Pharmaceuticals, Inc. to pay the costs.






(1)  OJ C 301, 22.11.2008.
Council Decision 2009/955/CFSP of 15 December 2009 amending Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories
Date: 2009-12-15
Institutions: Council of the European Union
Subjects: EU police mission, Palestine, joint action, police cooperation




L_2009330EN.01007601.xml










16.12.2009   


EN


Official Journal of the European Union


L 330/76








            COUNCIL DECISION 2009/955/CFSP
of 15 December 2009
         
amending Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,

Whereas:







(1)


On 14 November 2005, the Council adopted Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories (1) (EUPOL COPPS) for a period of three years. The operational phase of EUPOL COPPS began on 1 January 2006. Joint Action 2005/797/CFSP was extended by Joint Action 2008/958/CFSP (2) until 31 December 2010.












(2)


It is necessary to lay down the financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 January to 31 December 2010.












(3)


It is necessary to specify the conditions under which EUPOL COPPS can recruit staff on a contractual basis.












(4)


EUPOL COPPS should have a project cell for identifying and implementing projects.












(5)


Joint Action 2005/797/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Joint Action 2005/797/CFSP is hereby amended as follows:






1)


In Article 2, a point shall be added:






‘d)


The Mission shall have a project cell for identifying and implementing projects. The Mission shall, as appropriate, coordinate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility, in areas related to the Mission and in support of its objectives.’;














2)


In Article 8,






a)


paragraph 3 shall be replaced by the following:

‘3.   Nationals of Member States shall be recruited on a contractual basis by EUPOL COPPS as required, if the functions required are not provided by personnel seconded by Member States.’;











b)


a new paragraph 4 shall be inserted as follows:

‘4.   EUPOL COPPS shall also recruit local staff as required.’,





and the remaining paragraphs shall be renumbered accordingly.






Article 2
The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period 1 January to 31 December 2010 shall be EUR 6 650 000.


Article 3
This Decision shall enter into force on the date of its adoption.


Article 4
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 300, 17.11.2005, p. 65.

(2)  
            OJ L 338, 17.12.2008, p. 75.
Prior notification of a concentration (Case COMP/M.5742 — Ameropa Holding/Interbrau) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-12-15
Institutions: European Commission
Subjects: cereals, economic concentration, exchange of information, fertiliser industry, merger control, metallurgical industry, petrochemicals








C_2009303EN.01003401.xml










15.12.2009   


EN


Official Journal of the European Union


C 303/34





Prior notification of a concentration
(Case COMP/M.5742 — Ameropa Holding/Interbrau)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 303/14






1.


On 7 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 Ameropa Holding AG (‘Ameropa Holding’, Switzerland) controlled by the Zivy family (Switzerland) acquires within the meaning of Article 3(1)(b) of the Regulation control of the whole of Interbrau GmbH (‘Interbrau’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Ameropa Holding: international trade of fertilizers, grains, petrochemicals and metals,










—


for Interbrau: international trading of barley, including malting barley and feed barley.














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.5742 — Ameropa Holding/Interbrau, 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.
Case C-141/09: Order of the President of the Court of 15 December 2009 — European Commission v Grand Duchy of Luxembourg
Date: 2009-12-15
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, company with share capital, fine, merger








C_2010063EN.01004406.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/44





Order of the President of the Court of 15 December 2009 — European Commission v Grand Duchy of Luxembourg
(Case C-141/09) (1)

2010/C 63/76

Language of the case: French

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


(1)  OJ C 141, 20.6.2009.
Case C-409/05: Judgment of the Court (Grand Chamber) of 15 December 2009 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Duty-free imports of military equipment)
Date: 2009-12-15
Institutions: Court of Justice
Subjects: European Commission, Greece, Member States' contribution, action for failure to fulfil an obligation, import, military equipment, own resources, tariff exemption








C_2010051EN.01000501.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/5





Judgment of the Court (Grand Chamber) of 15 December 2009 — European Commission v Hellenic Republic
(Case C-409/05) (1)

(Failure of a Member State to fulfil obligations - Duty-free imports of military equipment)
2010/C 51/06
Language of the case: Greek

Parties


Applicant: European Commission (represented by: C. Cattabriga, D. Triantafyllou, H. Støvlbæk and G. Wilms, Agents)

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou, E.-M. Mamouna and K. Boskovits, Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented by: J. Bering Liisberg, Agent), Italian Republic (represented by: I. Braguglia, Agent, G. De Bellis, avvocato dello Stato), Portuguese Republic (represented by: C. Guerra Santos, L. Inez Fernandes and J. Gomes, Agents), Republic of Finland (represented by: J. Heliskoski and A. Guimaraes-Purokoski, Agents)

Re:

Failure of a Member State to fulfil its 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, in respect of the period after 31 May 2000 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

Operative part of the judgment

The Court:






1.


Declares that, by refusing to calculate and to make payment to the European Commission of the own resources which were not collected in the period from 1 January 1998 until 31 December 2002, in relation to imports of military material which were exempted from customs duties, and by refusing to pay default interest arising from the failure to pay those own resources to the European Commission, the Hellenic Republic has failed to fulfil its obligations under, respectively, 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 Hellenic Republic to pay the costs;










3.


Orders the Kingdom of Denmark, the Italian Republic, the Portuguese Republic and the Republic of Finland to bear their own costs.






(1)  OJ C 10, 14.1.2006.