do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 1269/2009 of 21 December 2009 amending Regulation (EC) No 243/2007 as regards the minimum content of the feed additive in feed for pigs for fattening (Text with EEA relevance)
Date: 2009-12-21
Institutions: European Commission
Subjects: animal nutrition, food additive, swine, veterinary legislation, zootechnics




L_2009339EN.01002701.xml










22.12.2009   


EN


Official Journal of the European Union


L 339/27








            COMMISSION REGULATION (EU) No 1269/2009
of 21 December 2009
         
amending Regulation (EC) No 243/2007 as regards the minimum content of the feed additive in feed for pigs for fattening
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 13(3) thereof,

Whereas:







(1)


By Commission Regulation (EC) No 243/2007 (2) the enzyme preparation 3-phytase produced by Aspergillus niger (CBS 101.672) was authorised as a feed additive belonging to the category of zootechnical additives for 10 years for use for weaned piglets, pigs for fattening and chickens for fattening.












(2)


In accordance with Article 13(3) of Regulation (EC) No 1831/2003, BASF SE, the holder of the authorisation of that enzyme preparation, has submitted an application with which it requests changing the conditions of the authorisation for pigs for fattening by lowering the minimum content of the additive in feed. That application was accompanied by the relevant data supporting the request for the change.












(3)


The Authority concluded in its opinion of 7 July 2009 that there is sufficient evidence to support the efficacy of the enzyme preparation 3-phytase produced by Aspergillus niger (CBS 101.672) in pigs for fattening at the lower minimum content of 100 FTU per kilogram of complete feedingstuff (3).












(4)


Regulation (EC) No 243/2007 should therefore be amended accordingly.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,





HAS ADOPTED THIS REGULATION:



Article 1
In the Annex to Regulation (EC) No 243/2007, in the seventh column, minimum content, the words ‘280 FTU’ are replaced by ‘100 FTU (*1)’.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2009.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 268, 18.10.2003, p. 29.

(2)  
            OJ L 73, 13.3.2007, p. 4.

(3)  
            The EFSA Journal (2009) 1184, p. 1.

(*1)  1 FTU is the amount of enzyme which liberates 1 micromole of inorganic phosphate per minute from sodium phytate at pH 5,5 and 37 °C.
Case T-515/09 P: Appeal brought on 21 December 2009 by Luigi Marcuccio against the order of the Civil Service Tribunal made on 7 October 2009 in Case F-3/08, Marcuccio v Commission
Date: 2009-12-21
Institutions: General Court
Subjects: Civil Service Tribunal, European Commission, action for annulment (EU), disclosure of information, judicial proceedings, professional career, promotion, regulations for civil servants, translation








C_2010051EN.01003901.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/39





Appeal brought on 21 December 2009 by Luigi Marcuccio against the order of the Civil Service Tribunal made on 7 October 2009 in Case F-3/08, Marcuccio v Commission
(Case T-515/09 P)
2010/C 51/74
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant







—


In any event, set aside in its entirety and without exception the order under appeal,










—


declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible in its entirety and without any exception whatsoever,










—


allow in its entirety and without any exception whatsoever the relief sought by the appellant at first instance;










—


order the Commission to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to both the proceedings at first instance and the present appeal proceedings;










—


in the alternative, refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.





Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal (CST) of 7 October 2009 in Case F-3/08. That order dismissed as manifestly unfounded an action seeking annulment of the Commission’s decision refusing to send to the appellant a translation in Italian of a previous decision and an order that the Commission pay compensation for the damage resulting from that refusal. The order under appeal also ordered the appellant, pursuant to Article 94(a) of the Rules of Procedure of the CST, to pay to the Tribunal the sum of EUR 1 000.
In support of his claims, the appellant relies on the following pleas:






—


a total failure to state reasons and distortion and misrepresentation of the facts insofar as concerns the assertions made by the CST concerning whether it was possible for the appellant to understand the content of the letter in question in the language version in which it was notified to him.










—


Failure to have regard to the rules of law relating to the right of any individual to apply to a Community institution using any of the official languages of the Union and to receive a reply in the same language.










—


Misinterpretation and misapplication of Article 94 of the Rules of Procedure of the CST.
Case F-104/09: Action brought on 21 December 2009 — Canga Fano v Council
Date: 2009-12-21
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, Council of the European Union, European official, action by staff, indemnification, personnel administration, professional career, promotion








C_2010037EN.01005102.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/51





Action brought on 21 December 2009 — Canga Fano v Council
(Case F-104/09)
2010/C 37/81
Language of the case: French

Parties


Applicant: Diego Canga Fano (Brussels, Belgium) (represented by: S. Rodriguez and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Application for annulment of the defendant’s decision not to include the applicant on the list of officials promoted to Grade AD 13 under the 2009 promotion procedure.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the appointing authority’s decision not to include the applicant on the list of officials promoted to grade AD 13 under the 2009 promotion procedure;










—


annul, so far as necessary, the appointing authority’s decision rejecting the applicant’s complaint;










—


order the appointing authority to pay the applicant a sum fixed on equitable principles at EUR 150 000, in respect of compensation for the non-material harm suffered, plus default interest at the legal rate from the date on which it became payable, and a sum fixed on equitable principles at EUR 50 00, in respect of compensation for the harm to his career, plus default interest at the legal rate from the date on which it became payable;










—


order the Council to pay the costs.
Case C-538/09: Action brought on 21 December 2009 — European Commission v Kingdom of Belgium
Date: 2009-12-21
Institutions: Court of Justice
Subjects: Belgium, action for failure to fulfil an obligation, environmental impact, environmental protection, habitat, project evaluation, protection of animal life, protection of plant life








C_2010051EN.01002302.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/23





Action brought on 21 December 2009 — European Commission v Kingdom of Belgium
(Case C-538/09)
2010/C 51/38
Language of the case: French

Parties


Applicant: European Commission (represented by: D. Recchia and A. Marghelis, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


Declare that, as Belgian legislation does not require an appropriate environmental impact study for certain activities when those activities may affect a Natura 2000 site and as the Kingdom of Belgium has made certain activities subject to a declaratory scheme, the Kingdom of Belgium has failed to fulfil its obligations under the provisions of Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1),










—


Order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The Commission relies on a single plea in law in support of its action alleging that Article 6(3) of Directive 92/43/EEC (the ‘Habitats’ Directive) has been transposed incorrectly.
In that regard, the applicant submits that that provision requires that any plan or project not directly connected with or necessary to the management of a Natura 2000 site be subject to an appropriate environmental impact study. The Belgian legislation does not comply with Community law in so far as it does not require such an impact study as a matter of course and provides for a mere declaratory scheme in respect of certain activities which may affect a Natura 2000 site.
That is true, inter alia, of all the plans or projects which are not subject to an environmental permit in the Walloon Region.


(1)  OJ 1992 L 206, p. 7.
Case C-28/10 P: Appeal brought on 21 December 2009 by Mehmet Salih Bayramoglu against the order of the Court of First Instance (Second Chamber) delivered on 24 September 2009 in Case T-110/09: Mehmet Salih Bayramoglu v European Parliament, Council of the European Union
Date: 2009-12-21
Institutions: Court of Justice
Subjects: Cyprus, European Parliament, European election, General Court (EU), Türkiye, action for annulment (EU)








C_2010080EN.01001601.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/16





Appeal brought on 21 December 2009 by Mehmet Salih Bayramoglu against the order of the Court of First Instance (Second Chamber) delivered on 24 September 2009 in Case T-110/09: Mehmet Salih Bayramoglu v European Parliament, Council of the European Union
(Case C-28/10 P)
2010/C 80/29
Language of the case: English

Parties


Appellant(s): Mehmet Salih Bayramoglu (represented by: A. Riza QC)

Other parties to the proceedings: European Parliament, Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul the Council Decision 2004/511/EC (1) on the ground that it is based on an unlawful failure to act to enable the Turkish Cypriot people to take part in European elections in violation of Article 189 of the EC Treaty read together with Articles 5 and 6 if the Treaty on European Union.










—


Declare that the six MEPs notified by the RoC after 6 June 2009 returned under the present electoral arrangements do not represent the Turkish Cypriot as required by law.





Pleas in law and main arguments

The appellant maintains that the Court of First Instance was wrong when it ruled that his action was lodged out of time. In support of this argument he submits that the case law relied upon by the CFI did not involve a failure to provide for the fundamental right of participating in elections of an entire people and did not concern a decision whose legal premise was a failure to act and make provisions for elections rather than to purport to postpone the right to hold such elections.
The appellant also submits that it was not the case that he did not invoke the existence of an excusable error or force majeure when lodging his application.


(1)  2004/511/EC:Council Decision of 10 June 2004 concerning the representation of the people of Cyprus in the European Parliament in case of a settlement of the Cyprus problem
OJ L 211, p. 22
Case C-540/09: Reference for a preliminary ruling from the Regeringsrätten (Sweden) lodged on 21 December 2009 — Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket
Date: 2009-12-21
Institutions: Court of Justice
Subjects: VAT, credit, financial institution, guarantee, interpretation of the law, issue of securities, provision of services, tax exemption, tax harmonisation








C_2010051EN.01002402.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/24





Reference for a preliminary ruling from the Regeringsrätten (Sweden) lodged on 21 December 2009 — Skandinaviska Enskilda Banken AB Momsgrupp v Skatteverket
(Case C-540/09)
2010/C 51/40
Language of the case: Swedish

Referring court

Regeringsrätten

Parties to the main proceedings


Applicant: Skandinaviska Enskilda Banken AB Momsgrupp

Defendant: Skatteverket

Question referred

Is Article 13B of the Sixth VAT Directive (Article 135(1) of the Council Directive on a common system of value added tax (1)) to be interpreted as meaning that the tax exemptions provided for therein also include services (underwriting) which involve a credit institution providing, for consideration, a guarantee to a company which is about to issue shares, where under that guarantee the credit institution undertakes to acquire any shares which are not subscribed within the period for share subscription?


(1)  Council Directive 77/388/EEC (OJ L 145, p. 1).
Case T-516/09 P: Appeal brought on 21 December 2009 by Luigi Marcuccio against the order of the Civil Service Tribunal made on 7 October 2009 in Case F-122/07, Marcuccio v Commission
Date: 2009-12-21
Institutions: General Court
Subjects: Civil Service Tribunal, European Commission, action for annulment (EU), duties of civil servants, indemnification, judicial proceedings, regulations for civil servants








C_2010051EN.01004001.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/40





Appeal brought on 21 December 2009 by Luigi Marcuccio against the order of the Civil Service Tribunal made on 7 October 2009 in Case F-122/07, Marcuccio v Commission
(Case T-516/09 P)
2010/C 51/75
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant







—


In any event, set aside in its entirety and without exception the order under appeal;










—


declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible in its entirety and without any exception whatsoever;










—


allow in its entirety and without any exception whatsoever the relief sought by the appellant at first instance;










—


order the Commission to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to both the proceedings at first instance and the present appeal proceedings;










—


in the alternative, refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.





Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal (CST) of 7 October 2009 in Case F-122/07. That order dismissed as partly manifestly inadmissible and partly manifestly unfounded an action seeking annulment of the Commission’s decision to reject the appellant’s request that an investigation be carried out in relation to certain events which occurred in 2001 and 2003 and an order that the Commission pay compensation for the damage suffered as a result.
In support of his claims, the appellant alleges that the order under appeal distorted and misrepresented the facts and misinterpreted and misapplied the obligation to give reasons for measures.