do-me/EUR-LEX huggingface dataset:
Case C-31/10: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 20 January 2010 — MINERVA Kulturreisen GmbH v Finanzamt Freital
Date: 2010-01-20
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, interpretation of the law, provision of services, tax exemption, travel agency








C_2010100EN.01001801.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/18





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 20 January 2010 — MINERVA Kulturreisen GmbH v Finanzamt Freital
(Case C-31/10)
2010/C 100/27
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Minerva Kulturreisen GmbH

Defendant: Finanzamt Freital

Question referred

Does the ‘special scheme for travel agents’ in Article 26 of Directive 77/388/EEC (1) apply also to the sale by a travel agent of opera tickets in isolation, without the provision of additional services?


(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1)
2010/86/,Euratom: Decision of the European Parliament of 20 January 2010 electing the European Ombudsman
Date: 2010-01-20
Institutions: European Parliament
Subjects: European Ombudsman, appointment of members








L_2010039EN.01000401.xml










12.2.2010   


EN


Official Journal of the European Union


L 39/4








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 20 January 2010
         
electing the European Ombudsman
(2010/86/EU, Euratom)


THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (1),


Having regard to Rule 204 of its Rules of Procedure,


Having regard to the call for applications (2),


Having regard to its vote of 20 January 2010,

HAS DECIDED:


to elect Mr Nikiforos DIAMANDOUROS to serve as European Ombudsman.



Done at Strasbourg, 20 January 2010.


For the European Parliament


The President

J. BUZEK
            





(1)  
            OJ L 113, 4.5.1994, p. 15.

(2)  
            OJ C 216, 10.9.2009, p. 7.
Case T-460/07: Judgment of the General Court of 20 January 2010 — Nokia v OHIM — Medion (LIFE BLOG) (Community trade mark — Opposition proceedings — Application for Community word mark LIFE BLOG — Earlier national word mark LIFE — 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) — Partial refusal to register)
Date: 2010-01-20
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, education, measuring equipment, telecommunications, trade-mark law








C_2010051EN.01003101.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/31





Judgment of the General Court of 20 January 2010 — Nokia v OHIM — Medion (LIFE BLOG)
(Case T-460/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LIFE BLOG - Earlier national word mark LIFE - 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) - Partial refusal to register)
2010/C 51/59
Language of the case: Finnish

Parties


Applicant: Nokia Oyj (Helsinki, Finland) (represented by: J. Tanhuanpää, 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 General Court: Medion AG (Essen, Germany) (represented by: P.-M. Weisse, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of the OHIM of 2 October 2007 (Case R 141/2007-2), concerning opposition proceedings between Medion AG and Nokia Oyj

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nokia Oyj to pay the costs.






(1)  OJ C 51, 23.2.2008.
Non-opposition to a notified concentration (Case COMP/M.5502 — Merck/Schering-Plough) Text with EEA relevance
Date: 2010-01-20
Institutions: European Commission
Subjects: animal health, disclosure of information, economic concentration, health care, merger control, pharmaceutical industry, public health, research, restrictive-practice authorisation








C_2010013EN.01001001.xml










20.1.2010   


EN


Official Journal of the European Union


C 13/10





Non-opposition to a notified concentration
(Case COMP/M.5502 — Merck/Schering-Plough)
(Text with EEA relevance)
2010/C 13/02
On 22 October 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 32009M5502. EUR-Lex is the on-line access to the European law.
Commission communication on the body authorised to issue certificates of authenticity under Regulation (EC) No 620/2009
Date: 2010-01-20
Institutions: European Commission
Subjects: beef, certificate of origin, competence of the institution, disclosure of information, import, product quality, tariff quota








C_2010013EN.01001101.xml










20.1.2010   


EN


Official Journal of the European Union


C 13/11





Commission communication on the body authorised to issue certificates of authenticity under Regulation (EC) No 620/2009
2010/C 13/03
By Council Regulation (EC) No 617/2009 of 13 July 2009, published in 
Official Journal of the European Union L 182 of 15 July 2009, an import tariff quota for high quality beef has been opened.
Under Article 7 of Commission Regulation (EC) No 620/2009 of 13 July 2009, the release for free circulation of the goods imported under that quota is conditional upon presentation of a certificate of authenticity.
The following authority is authorised to issue certificates of authenticity under this Regulation:





Department of Agriculture, Fisheries and Forestry (DAFF) of the Australian Government




18 Marcus Clarke Street




Canberra City ACT 2601




AUSTRALIA
Case T-443/09 R: Order of the President of the General Court of 20 January 2010 — Agriconsulting Europe v Commission (Application for interim measures — Public procurement — Tendering procedure — Rejection of a tender — Application for suspension of operation and for interim measures — Loss of opportunity — Absence of serious and irreparable damage — No urgency)
Date: 2010-01-20
Institutions: General Court
Subjects: European Commission, action for annulment (EU), award of contract, consultancy, development aid, tendering








C_2010063EN.01004702.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/47





Order of the President of the General Court of 20 January 2010 — Agriconsulting Europe v Commission
(Case T-443/09 R)
(Application for interim measures - Public procurement - Tendering procedure - Rejection of a tender - Application for suspension of operation and for interim measures - Loss of opportunity - Absence of serious and irreparable damage - No urgency)
2010/C 63/83
Language of the case: Italian

Parties


Applicant: Agriconsulting Europe SA (Brussels, Belgium) (represented by: F. Sciaudone, R. Sciaudone and A. Neri, lawyers)

Defendant: European Commission (represented by: A. Bordes and L. Prete, acting as Agents)

Re:

Application for interim relief concerning the tendering procedure EuropeAid/127054/C/SER/Multi relating to short-term services in the exclusive interest of third countries benefiting from European Commission external aid.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Election of the European Ombudsman European Parliament decision of 20 January 2010 electing the European Ombudsman#ANNEX
Date: 2010-01-20
Institutions: European Parliament
Subjects: Community body, European Ombudsman, appointment of staff, election








CE2010305EN.01001901.xml










11.11.2010   


EN


Official Journal of the European Union


CE 305/19





Wednesday 20 January 2010Election of the European Ombudsman
P7_TA(2010)0001
European Parliament decision of 20 January 2010 electing the European Ombudsman
2010/C 305 E/06

The European Parliament,
having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,
having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1),
having regard to Rule 204 of its Rules of Procedure,
having regard to the call for applications (2),
having regard to its vote of 20 January 2010,






1.


Elects Nikiforos DIAMANDOUROS to serve as European Ombudsman;










2.


Requests Nikiforos DIAMANDOUROS to take an oath before the Court of Justice;










3.


Instructs its President to have the annexed decision published in the Official Journal of the European Union;










4.


Instructs its President to forward this Decision to the Council, the Commission and the Court of Justice.






(1)  OJ L 113, 4.5.1994, p. 15.

(2)  OJ C 216, 10.9.2009, p. 7.


Wednesday 20 January 2010ANNEX

DECISION OF THE EUROPEAN PARLIAMENT
of 20 January 2010
electing the European Ombudsman
THE EUROPEAN PARLIAMENT,
Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1),
Having regard to Rule 204 of its Rules of Procedure,
Having regard to the call for applications (2),
Having regard to its vote of 20 January 2010,
HAS DECIDED:
to elect Nikiforos DIAMANDOUROS to serve as European Ombudsman.

Done at Strasbourg, 20 January 2010


For the European Parliament


The President

Jerzy BUZEK





(1)  OJ L 113, 4.5.1994, p. 15.

(2)  OJ C 216, 10.9.2009, p. 7.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on common rules for the allocation of slots at Community airports’ COM(2009) 634 final — 2009/0176 (COD)
Date: 2010-01-20
Institutions: European Economic and Social Committee
Subjects: air transport, airport, codification of EU law, common transport policy, organisation of transport, transport capacity, transport planning








C_2010339EN.01001301.xml










14.12.2010   


EN


Official Journal of the European Union


C 339/13





459th PLENARY SESSION HELD ON 20 AND 21 JANUARY 2010
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on common rules for the allocation of slots at Community airports’
COM(2009) 634 final — 2009/0176 (COD)
(2010/C 339/03)
On 21 December 2009, the Council decided, in accordance with Article 100(2) of the Treaty setting up the European Community, to consult the European Economic and Social Committee on the

Proposal for a Regulation of the European Parliament and of the Council on common rules for the allocation of slots at Community airports (codified version)

COM(2009) 634 final – 2009/0176 (COD).
Feeling that the content of the proposal was entirely satisfactory and required no comments, the Committee decided, at its 459th plenary session of 20 and 21 January 2010 (meeting of 20 January 2010), by 185 votes for, no votes against and six abstentions, to issue an opinion in favour of the text proposed.

Brussels, 20 January 2010


The President of the European Economic and Social Committee

Mario SEPI
Non-opposition to a notified concentration (Case COMP/M.5731 — AXA LBO FUND IV/Home Shopping Europe) Text with EEA relevance
Date: 2010-01-20
Institutions: European Commission
Subjects: disclosure of information, distance selling, economic concentration, electronic commerce, insurance occupation, merger control, restrictive-practice authorisation








C_2010013EN.01001201.xml










20.1.2010   


EN


Official Journal of the European Union


C 13/12





Non-opposition to a notified concentration
(Case COMP/M.5731 — AXA LBO FUND IV/Home Shopping Europe)
(Text with EEA relevance)
2010/C 13/04
On 14 January 2010, 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 32010M5731. EUR-Lex is the on-line access to the European law.
Case C-33/10: Action brought on 20 January 2010 — European Commission v Kingdom of Denmark
Date: 2010-01-20
Institutions: Court of Justice
Subjects: Denmark, European Commission, action for failure to fulfil an obligation, chemical pollution, environmental protection, environmental standard, industrial policy








C_2010113EN.01001601.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/16





Action brought on 20 January 2010 — European Commission v Kingdom of Denmark
(Case C-33/10)
2010/C 113/24
Language of the case: Danish

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro, H. Støvlbæk, acting as Agents)

Defendant: Kingdom of Denmark

Form of order sought







—


Declare that, by not adopting all the measures necessary to ensure that by, 30 October 2007, all permits were reconsidered and, where necessary, updated, the Kingdom of Denmark has failed to comply with its obligations under Article 5(1) of Directive 2008/1/EC (1) of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control;










—


order Kingdom of Denmark to pay the costs.





Pleas in law and main arguments

Article 5(1) of the Directive requires all Member States to enact measures with a view to implementing a permit and/or review procedure for existing installations by 30 October 2007. That time-limit applies without exception and the Directive does not allow the Member States to rely on exceptional circumstances as grounds for not complying with the obligation.
It is not sufficient that measures have been adopted in Denmark with a view to ensuring closure of all cases relating to compliance with Article 5(1) of the Directive by the end of 2009. Nor can delays resulting from the municipal reform of 1 January 2007 be accorded any weight in the assessment of whether Denmark has complied with its obligations under Article 5(1). The time-limit laid down for legalising installations expired on 30 October 2007 and was notified to Member States as early as 22 September 2005. Denmark has thus had a number of years in which to adopt the necessary measures to comply with the Directive.
Denmark has not contested its failure to implement requirements for the granting of permits for existing installations. It is thus uncontested that a significant number of the eight Danish installations are operated without permits under the Directive, contrary to Article 5(1) of the Directive.


(1)  OJ 2008 L 24, p. 8.
Proposal for the appointment of a member of the panel consulted prior to the appointment of Judges and Advocates-General of the Court of Justice and the General Court European Parliament decision of 20 January 2010 proposing the appointment of Ana Palacio Vallelersundi to the panel set up under Article 255 of the Treaty on the Functioning of the European Union (2009/2210(INS))
Date: 2010-01-20
Institutions: European Parliament
Subjects: appointment of staff, public legal official, recruitment








CE2010305EN.01002101.xml










11.11.2010   


EN


Official Journal of the European Union


CE 305/21





Wednesday 20 January 2010Proposal for the appointment of a member of the panel consulted prior to the appointment of Judges and Advocates-General of the Court of Justice and the General Court
P7_TA(2010)0003
European Parliament decision of 20 January 2010 proposing the appointment of Ana Palacio Vallelersundi to the panel set up under Article 255 of the Treaty on the Functioning of the European Union (2009/2210(INS))
2010/C 305 E/07

The European Parliament,
having regard to the second paragraph of Article 255 of the Treaty on the Functioning of the European Union,
having regard to Rule 107a of its Rules of Procedure,






A.


whereas Ana Palacio Vallelersundi meets the conditions laid down in the second paragraph of Article 255 of the Treaty on the Functioning of the European Union,










1.


Proposes that Ana Palacio Vallelersundi be appointed to the panel;










2.


Instructs its President to forward this decision to the President of the Court of Justice.
Case T-13/10: Action brought on 20 January 2010 — Klaus Goutier v OHIM — Rauch (ARANTAX)
Date: 2010-01-20
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, accounting, action for annulment (EU), consultancy, financial services, trade-mark law








C_2010080EN.01003501.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/35





Action brought on 20 January 2010 — Klaus Goutier v OHIM — Rauch (ARANTAX)
(Case T-13/10)
2010/C 80/58
Language in which the application was lodged: German

Parties


Applicant: Klaus Goutier (Frankfurt am Main, Germany) (represented by: E.E. Happe, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Norbert Rauch (Herzogenaurach, Germany)

Form of order sought







—


Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 November 2009 (in Case R 1769/2008-4) in so far as the application for a Community mark annulling the contested decision was rejected for the following services:






—


Class 35 — Tax consultancy, tax preparation, accounting, auditing, professional business consultancy, business consultancy;










—


Class 36 — Fiscal assessments, mergers and acquisitions, namely financial consultancy with regard to the purchase or sale of companies and company shares, financial management;










—


Class 43 — Provision of legal services, legal research;














—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Klaus Goutier

Community trade mark concerned: the word mark ‘ARANTAX’ for services in Classes 35, 36 and 42 (Application No 4 823 084)

Proprietor of the mark or sign cited in the opposition proceedings: Norbert Rauch

Mark or sign cited in opposition: the German word mark ‘atarax’ No 30 168 707 for goods and services in Classes 9, 35, 37, 41 and 42

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Partial annulment of the Opposition Division’s decision and partial rejection of the Community trade mark application

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, (1) owing to the absence of likelihood of confusion of the marks at issue


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Euro exchange rates
Date: 2010-01-20
Institutions: European Commission
Subjects: euro, exchange rate








C_2010013EN.01001301.xml










20.1.2010   


EN


Official Journal of the European Union


C 13/13





Euro exchange rates (1)

19 January 2010
2010/C 13/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4279




JPY


Japanese yen


129,79




DKK


Danish krone


7,4421




GBP


Pound sterling


0,87430




SEK


Swedish krona


10,1518




CHF


Swiss franc


1,4760




ISK


Iceland króna


 




NOK


Norwegian krone


8,1485




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,905




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


267,94




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7085




PLN


Polish zloty


4,0303




RON


Romanian leu


4,1205




TRY


Turkish lira


2,0850




AUD


Australian dollar


1,5541




CAD


Canadian dollar


1,4723




HKD


Hong Kong dollar


11,0846




NZD


New Zealand dollar


1,9440




SGD


Singapore dollar


1,9871




KRW


South Korean won


1 609,87




ZAR


South African rand


10,6210




CNY


Chinese yuan renminbi


9,7488




HRK


Croatian kuna


7,2925




IDR


Indonesian rupiah


13 264,32




MYR


Malaysian ringgit


4,7685




PHP


Philippine peso


65,473




RUB


Russian rouble


42,3735




THB


Thai baht


46,960




BRL


Brazilian real


2,5405




MXN


Mexican peso


18,1607




INR


Indian rupee


65,4050






(1)  Source: reference exchange rate published by the ECB.