do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 1261/2009 of 18 December 2009 on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2009-12-18
Institutions: European Commission
Subjects: import licence, poultrymeat, tariff quota








L_2009338EN.01007501.xml










19.12.2009   


EN


Official Journal of the European Union


L 338/75








            COMMISSION REGULATION (EU) No 1261/2009
of 18 December 2009
         
on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of December 2009 for the subperiod from 1 January to 31 March 2010 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 January to 31 March 2010 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 19 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2010-31.3.2010
(%)




P1


09.4067


1,460029 




P2


09.4068


6,05335 




P3


09.4069


0,602058
Corrigendum to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for certification of design and production organisations ( OJ L 321, 8.12.2009 )
Date: 2009-12-18
Institutions: European Commission
Subjects: European standard, air safety, aircraft, civil aviation, environmental standard, roadworthiness tests, technical specification, technical standard, transport authorisation








L_2009336EN.01005801.xml










18.12.2009   


EN


Official Journal of the European Union


L 336/58







Corrigendum to Commission Regulation (EC) No 1194/2009 of 30 November 2009 amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for certification of design and production organisations
(
Official Journal of the European Union L 321 of 8 December 2009
)

On page 19, Annex, point 39(c):
for:






‘(c)


Action shall be taken by the competent authority to suspend the approval in whole or in part in case of failure to comply within the timescale granted by the competent authority.”;’




read:






‘(c)


For a new aircraft or used aircraft originating from a non-member State, in addition to the appropriate airworthiness certificate referred to in point (a) or (b), the competent authority of the Member State of registry shall issue an initial airworthiness review certificate (EASA Form 15a, see Appendix).”;’
Commission Regulation (EU) No 1264/2009 of 18 December 2009 on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat originating in Israel
Date: 2009-12-18
Institutions: European Commission
Subjects: Israel, import, import licence, originating product, poultrymeat, tariff quota








L_2009338EN.01008101.xml










19.12.2009   


EN


Official Journal of the European Union


L 338/81








            COMMISSION REGULATION (EU) No 1264/2009
of 18 December 2009
         
on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat originating in Israel


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 1384/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel (3), and in particular Article 5(5) thereof,

Whereas:

The applications for import licences lodged during the first seven days of December 2009 for the subperiod from 1 January to 31 March 2010 relate to quantities exceeding those available for licences under the quota with order number 09.4092. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 1384/2007 for the subperiod from 1 January to 31 March 2010 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 19 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 40.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2010-31.3.2010
(%)




IL1


09.4092


74,962518
Case C-531/09: Action brought on 18 December 2009 — European Commission v Portuguese Republic
Date: 2009-12-18
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, commercial vehicle, common transport policy, national implementing measure, road transport, toll, transport infrastructure, vehicle tax








C_2010051EN.01002201.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/22





Action brought on 18 December 2009 — European Commission v Portuguese Republic
(Case C-531/09)
2010/C 51/35
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: N. Yerrell and M. Teles Romão, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/38/EC (1) of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures and, in any event, by failing to communicate them to the Commission, the Portuguese Republic has failed to fulfil its obligations under that directive.










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing the directive expired on 10 June 2008.


(1)  OJ 2006 L 157, p. 8.
Commission declaration on net neutrality
Date: 2009-12-18
Institutions: European Commission
Subjects: Internet, competition policy, electronic mail, freedom of expression, information network, transmission network








C_2009308EN.01000201.xml










18.12.2009   


EN


Official Journal of the European Union


C 308/2





Commission declaration on net neutrality
2009/C 308/02

‘The Commission attaches high importance to preserving the open and neutral character of the Internet, taking full account of the will of the co-legislators now to enshrine net neutrality as a policy objective and regulatory principle to be promoted by national regulatory authorities (1), alongside the strengthening of related transparency requirements (2) and the creation of safeguard powers for national regulatory authorities to prevent the degradation of services and the hindering or slowing down of traffic over public networks (3). The Commission will monitor closely the implementation of these provisions in the Member States, introducing a particular focus on how the “net freedoms” of European citizens are being safeguarded in its annual Progress Report to the European Parliament and the Council. In the meantime, the Commission will monitor the impact of market and technological developments on “net freedoms” reporting to the European Parliament and the Council before the end of 2010 on whether additional guidance is required, and will invoke its existing competition law powers to deal with any anti-competitive practices that may emerge.’



(1)  Article 1(8)(g) of Directive 2009/140/EU of the European Parliament and of the Council (OJ L 337, 18.12.2009, p. 37).

(2)  Article 1(14) of Directive 2009/136/EU of the European Parliament and of the Council (OJ L 337, 18.12.2009, p. 11).

(3)  See footnote 2.
Case C-529/09: Action brought on 18 December 2009 — European Commission v Kingdom of Spain
Date: 2009-12-18
Institutions: Court of Justice
Subjects: Spain, State aid, action for failure to fulfil an obligation, aid to undertakings, corporation tax, social-security contribution, tax exemption








C_2010051EN.01002103.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/21





Action brought on 18 December 2009 — European Commission v Kingdom of Spain
(Case C-529/09)
2010/C 51/34
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: L. Flynn and C. Urraca Caviedes, Agents)

Defendant: Kingdom of Spain

Form of order sought







—


Declare that the Kingdom of Spain has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU, and Articles 2 and 3 of Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors (OJ 1999 L 198, p. 15), by not adopting the measures necessary to comply with that decision in respect of Industrias Domésticas, S.A. (Indosa)










—


Order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Kingdom of Spain has failed to adopt, within the prescribed period, the measures necessary to comply with Decision 1999/509/EC in respect of Industrias Domésticas, S.A. (Indosa).
Case T-174/09: Order of the General Court of 18 December 2009 — Complejo Agrícola v Commission
Date: 2009-12-18
Institutions: General Court
Subjects: European Commission, Mediterranean region (EU), action for annulment (EU), agricultural holding, agricultural production, ecology, environmental protection, organic product








C_2010037EN.01004903.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/49





Order of the General Court of 18 December 2009 — Complejo Agrícola v Commission
(Case T-174/09) (1)

2010/C 37/76

Language of the case: Spanish

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


(1)  OJ C 153, 4.7.2009.
Commission Regulation (EU) No 1263/2009 of 18 December 2009 on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2009-12-18
Institutions: European Commission
Subjects: import licence, poultrymeat, tariff quota








L_2009338EN.01007901.xml










19.12.2009   


EN


Official Journal of the European Union


L 338/79








            COMMISSION REGULATION (EU) No 1263/2009
of 18 December 2009
         
on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of December 2009 for the subperiod from 1 January to 31 March 2010 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 January to 31 March 2010 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 19 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2010-31.3.2010
(%)




1


09.4410


0,485672 




3


09.4412


0,51282 




4


09.4420


0,676196 




5


09.4421


7,194244 




6


09.4422


0,701754
Case T-219/09: Order of the General Court of 18 December 2009 — Balfe and Others v Parliament
Date: 2009-12-18
Institutions: General Court
Subjects: European Parliament, action for annulment (EU), early retirement, fine, fraud, infringement of EU law, supplementary pension








C_2010051EN.01004801.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/48





Order of the General Court of 18 December 2009 — Balfe and Others v Parliament
(Case T-219/09) (1)

2010/C 51/86

Language of the case: French

The President of the Second Chamber has ordered that the case be removed in part from the register.


(1)  OJ C 205, 29.8.2009.
Commission Decision of 18 December 2009 on extending the availability period of European Union macro-financial assistance to Lebanon
Date: 2009-12-18
Institutions: European Commission
Subjects: EU aid, Lebanon, economic stabilisation, financial aid, macroeconomics








L_2009339EN.01005401.xml










22.12.2009   


EN


Official Journal of the European Union


L 339/54








            COMMISSION DECISION
         
of 18 December 2009
         
on extending the availability period of European Union macro-financial assistance to Lebanon
(2009/997/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Council Decision 2007/860/EC of 10 December 2007, providing Community macro-financial assistance to Lebanon (1), and in particular Article 1(3) thereof,

Whereas:







(1)


Disbursement of the full amount of European Union macro-financial assistance to Lebanon has not been possible within the two-year time period foreseen in Decision 2007/860/EC, due to delays in implementing reform measures, in particular those identified in the Memorandum of Understanding as being criteria to fully implement the assistance.












(2)


Prospects are that with the appointment of a new government of national unity, the Lebanese authorities will be in a position to implement the reform criteria attached to the implementation of the macro-financial assistance, as set out in the Memorandum of Understanding.












(3)


The Lebanese authorities have implemented in a satisfactory way the economic reform programme agreed with the International Monetary Fund under the Emergency Post-Conflict Assistance (EPCA).












(4)


The availability of the European Union macro-financial assistance to Lebanon, under Decision 2007/860/EC, expires on 21 December 2009.












(5)


An extension of the availability period by one year can therefore be approved.












(6)


The Economic and Financial Committee has been duly consulted on this extension,





HAS DECIDED AS FOLLOWS:



Article 1
The availability period of the European Union macro-financial assistance to Lebanon is extended by one additional year, until 21 December 2010.


Article 2
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 18 December 2009.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 337, 21.12.2007, p. 111.
Non-opposition to a notified concentration (Case COMP/M.5686 — Vitol Holding/Petroplus Refining Antwerp/Petroplus Refining Antwerp Bitumen) Text with EEA relevance
Date: 2009-12-18
Institutions: European Commission
Subjects: chemical process, diesel fuel, economic concentration, energy production, exchange of information, gas, marketing, merger control, petroleum, petroleum exploration








C_2009308EN.01000301.xml










18.12.2009   


EN


Official Journal of the European Union


C 308/3





Non-opposition to a notified concentration
(Case COMP/M.5686 — Vitol Holding/Petroplus Refining Antwerp/Petroplus Refining Antwerp Bitumen)
(Text with EEA relevance)
2009/C 308/03
On 9 December 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 32009M5686. EUR-Lex is the on-line access to the European law.
Case C-532/09 P: Appeal brought on 18 December 2009 by Vladimir Ivanov against the order of the Court of First Instance (Third Chamber) delivered on 30 September 2009 in Case T-166/08 Ivanov v Commission
Date: 2009-12-18
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment (EU), admissibility, damages, discrimination on the basis of nationality, equal treatment, judicial proceedings, recruitment








C_2010051EN.01002202.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/22





Appeal brought on 18 December 2009 by Vladimir Ivanov against the order of the Court of First Instance (Third Chamber) delivered on 30 September 2009 in Case T-166/08 Ivanov v Commission
(Case C-532/09 P)
2010/C 51/36
Language of the case: French

Parties


Appellant: Vladimir Ivanov (represented by: R. Rollinger, avocat)

Other party to the proceedings: European Commission

Form of order sought







—


declare the appeal admissible;










—


declare the appeal well founded;










—


annul the order of the Court of First Instance of 30 September 2009;










—


decide the case in accordance with the application initiating the proceedings;










—


order the opposing party to pay the costs of both instances.





Pleas in law and main arguments

The appellant relies on three grounds in support of his appeal:
By his first ground, which is made up of two parts, the appellant claims that the Court of First Instance should not have used abuse of process to justify the inadmissibility of his action for non-contractual liability, since the very limited scope of abuse of process extends only to exceptional cases in which the object of the action for damages is payment of a sum identical to that which the appellant would have obtained if he had succeeded in an action for annulment. In the present case, the action for damages brought by the appellant is entirely independent, the appellant wishing to render the Commission non-contractually liable for the conduct adopted in his regard, rather than to achieve a financial situation identical to that which he would have had in the event of the annulment of the Commission decisions.
In that context, the appellant claims, moreover, that the Court was not entitled to raise abuse of process of its own motion, since the burden of proof for abuse of process rests on the defendant.
By his second ground, the appellant claims that the Court erred in law by requiring a finding of unlawful conduct on the part of the Commission as a precondition for it to be rendered non-contractually liable, although unlawful conduct of the Community institution is no longer one of the grounds in the most recent case-law of the Court on which the institutions can be rendered liable.
By his third ground, the appellant claims, lastly, that, in ruling that an action for annulment was more appropriate than an action for damages, the contested order adversely affected his right to an effective remedy, as recognised by the Charter of Fundamental Rights of the European Union.