do-me/EUR-LEX huggingface dataset:
Case F-9/10: Action brought on 29 January 2010 — AC v Council
Date: 2010-01-29
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, European official, action for annulment (EU), promotion








C_2010113EN.01007901.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/79





Action brought on 29 January 2010 — AC v Council
(Case F-9/10)
2010/C 113/116
Language of the case: French

Parties


Applicant: AC (Brussels, Belgium) (represented by: S. Rodruigez and C. Bernard-Glanz, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision not to include the applicant in the list of persons promoted to grade AD 13 in the 2009 promotion procedure and an order that the defendant make good the non-material damage suffered by the applicant.

Form of order sought







—


Annul the decision of the Appointing Authority not to include the applicant in the list of persons promoted to grade AD 13 in the 2009 promotion procedure, as that decision can be determined from Staff Notice No 94/09 of 27 April 2009;










—


Annul, to the extent necessary, the decision of the Appointing Authority rejecting the applicant's complaint;










—


Order the defendant to pay the applicant EUR 5 000 in compensation for the non-material loss suffered;










—


Order the Council of the European Union to pay the costs.
Summary of Community decisions on marketing authorisations in respect of medicinal products from 1 December 2009 to 31 December 2009 (Decisions taken pursuant to Article 34 of Directive 2001/83/EC of the European Parliament and of the Council or Article 38 of Directive 2001/82/EC of the European Parliament and of the Council )
Date: 2010-01-29
Institutions: European Commission
Subjects: EU Member State, market approval, medicinal product, pharmaceutical legislation, pharmaceutical product








C_2010022EN.01002801.xml










29.1.2010   


EN


Official Journal of the European Union


C 22/28





Summary of Community decisions on marketing authorisations in respect of medicinal products from 1 December 2009 to 31 December 2009

(Decisions taken pursuant to Article 34 of Directive 2001/83/EC of the European Parliament and of the Council
 (1)
or Article 38 of Directive 2001/82/EC of the European Parliament and of the Council
 (2)
)

2010/C 22/05
—   Issuing, maintenance or modification of a national marketing authorisation










Date of the decision


Name(s) of the medicinal product


Holder(s) of the marketing authorisation


Member State concerned


Date of notification




16.12.2009


REVLIMID







Celgene Europe Limited




Riverside House




Riverside Walk




Windsor




Berkshire




SL4 1NA




UNITED KINGDOM






This Decision is addressed to the Member States


17.12.2009




10.12.2009


Effentora







Cephalon Europe




5 rue Charles Martigny




94700 Maisons-Alfort




FRANCE






This Decision is addressed to the Member States


11.12.2009




21.12.2009


Revatio







Pfizer Limited Sandwich




Kent




CT13 9NJ




UNITED KINGDOM






This Decision is addressed to the Member States


22.12.2009






(1)  OJ L 311, 28.11.2001, p. 67.

(2)  OJ L 311, 28.11.2001, p. 1.
Decision of the EEA Joint Committee No 5/2010 of 29 January 2010 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2010-01-29
Institutions: EEA Joint Committee
Subjects: blood transfusion, epidemic, health control, illness, public health, quality standard, safety standard




L_2010101EN.01001101.xml










22.4.2010   


EN


Official Journal of the European Union


L 101/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 5/2010
of 29 January 2010
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 129/2009 of 4 December 2009 (1).












(2)


Commission Directive 2009/135/EC of 3 November 2009 allowing temporary derogations to certain eligibility criteria for whole blood and blood components donors laid down in Annex III to Directive 2004/33/EC in the context of a risk of shortage caused by the influenza A(H1N1) pandemic (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 15zj (Commission Regulation (EC) No 658/2007) of Chapter XIII of Annex II to the Agreement:






‘15zk.



32009 L 0135: Commission Directive 2009/135/EC of 3 November 2009 allowing temporary derogations to certain eligibility criteria for whole blood and blood components donors laid down in Annex III to Directive 2004/33/EC in the context of a risk of shortage caused by the influenza A(H1N1) pandemic (OJ L 288, 4.11.2009, p. 7).’






Article 2
The text of Directive 2009/135/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 January 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 January 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 62, 11.3.2010, p. 18.

(2)  
            OJ L 288, 4.11.2009, p. 7.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 3/2010 of 29 January 2010 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2010-01-29
Institutions: EEA Joint Committee
Subjects: botany, knowledge management, living plant, marketing, oleaginous plant, product designation, scientific research, seed, textile plant




L_2010101EN.01000901.xml










22.4.2010   


EN


Official Journal of the European Union


L 101/9








            DECISION OF THE EEA JOINT COMMITTEE
         
No 3/2010
of 29 January 2010
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 123/2009 of 4 December 2009 (1).












(2)


Commission Directive 2009/74/EC of 26 June 2009 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge (2) is to be incorporated into the Agreement.












(3)


This Decision is not to apply to Liechtenstein,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in points 2 (Council Directive 66/401/EEC), 3 (Council Directive 66/402/EEC), 12 (Council Directive 2002/55/EC) and 13 (Council Directive 2002/57/EC) in Part 1 of Chapter III of Annex I to the Agreement:






‘—



32009 L 0074: Commission Directive 2009/74/EC of 26 June 2009 (OJ L 166, 27.6.2009, p. 40).’






Article 2
The text of Directive 2009/74/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 January 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 January 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 62, 11.3.2010, p. 7.

(2)  
            OJ L 166, 27.6.2009, p. 40.

(*1)  No constitutional requirements indicated.
Euro exchange rates
Date: 2010-01-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2010022EN.01000101.xml










29.1.2010   


EN


Official Journal of the European Union


C 22/1





Euro exchange rates (1)

28 January 2010
2010/C 22/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3999




JPY


Japanese yen


126,36




DKK


Danish krone


7,4447




GBP


Pound sterling


0,86160




SEK


Swedish krona


10,2021




CHF


Swiss franc


1,4725




ISK


Iceland króna


 




NOK


Norwegian krone


8,1790




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,232




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


271,30




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7083




PLN


Polish zloty


4,0705




RON


Romanian leu


4,1360




TRY


Turkish lira


2,0898




AUD


Australian dollar


1,5537




CAD


Canadian dollar


1,4824




HKD


Hong Kong dollar


10,8755




NZD


New Zealand dollar


1,9695




SGD


Singapore dollar


1,9623




KRW


South Korean won


1 612,18




ZAR


South African rand


10,6097




CNY


Chinese yuan renminbi


9,5570




HRK


Croatian kuna


7,3210




IDR


Indonesian rupiah


13 050,19




MYR


Malaysian ringgit


4,7719




PHP


Philippine peso


65,232




RUB


Russian rouble


42,4650




THB


Thai baht


46,316




BRL


Brazilian real


2,5882




MXN


Mexican peso


18,1179




INR


Indian rupee


64,7870






(1)  Source: reference exchange rate published by the ECB.
Decision of the EEA Joint Committee No 14/2010 of 29 January 2010 amending Annex XVI (Procurement) to the EEA Agreement
Date: 2010-01-29
Institutions: EEA Joint Committee
Subjects: public contract, single market, standardisation, statistical nomenclature, terminology




L_2010101EN.01002401.xml










22.4.2010   


EN


Official Journal of the European Union


L 101/24








            DECISION OF THE EEA JOINT COMMITTEE
         
No 14/2010
of 29 January 2010
         
amending Annex XVI (Procurement) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XVI to the Agreement was amended by Decision of the EEA Joint Committee No 53/2008 of 25 April 2008 (1).












(2)


Commission Regulation (EC) No 213/2008 of 28 November 2007 amending Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards the revision of the CPV (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in points 2 (Directive 2004/18/EC of the European Parliament and of the Council), 4 (Directive 2004/17/EC of the European Parliament and of the Council) and 6a (Regulation (EC) No 2195/2002 of the European Parliament and of the Council) of Annex XVI to the Agreement:






‘—



32008 R 0213: Commission Regulation (EC) No 213/2008 of 28 November 2007 (OJ L 74, 15.3.2008, p. 1).’






Article 2
The text of Regulation (EC) No 213/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 January 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 January 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 223, 21.8.2008, p. 51.

(2)  
            OJ L 74, 15.3.2008, p. 1.

(*1)  No constitutional requirements indicated.
Case C-50/10: Action brought on 29 January 2010 — European Commission v Italian Republic
Date: 2010-01-29
Institutions: Court of Justice
Subjects: EU environmental policy, European Commission, Italy, action for failure to fulfil an obligation, environmental protection, environmental standard, industrial policy, pollution control measures








C_2010100EN.01002402.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/24





Action brought on 29 January 2010 — European Commission v Italian Republic
(Case C-50/10)
2010/C 100/36
Language of the case: Italian

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro and C. Zadra, Agents)

Defendant: Italian Republic

Form of order sought







—


Declare that the Italian Republic has failed to fulfil its obligations under Article 5(1) of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control, (1) by failing to take the necessary measures ‘to ensure that the competent authorities see to it, by means of permits in accordance with Articles 6 and 8 of that directive or, as appropriate, by reconsidering and, where necessary, by updating the conditions’, that all existing installations within the meaning of Article 2(4) of Directive 2008/1/EC operate in accordance with the requirements of Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2) of that directive;










—


Order the Italian Republic to pay the costs.





Pleas in law and main arguments

Article 5(1) of Directive 2008/1/EC lays down that Member States are to take the necessary measures ‘to ensure that the competent authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, by updating the conditions’, that not later than 30 October 2007 existing installations, as referred to in Article 2(4) of Directive 2008/1/EC, operate in accordance with the requirements set out in that directive.
However, in January 2010 — and, more specifically, at the time when the present action was brought — the Italian Government had still not fully complied with the obligations under Article 5(1) of Directive 2008/1/EC.


(1)  OJ 2008 L 24, p. 8.
Decision of the EEA Joint Committee No 13/2010 of 29 January 2010 amending Annex XIII (Transport) to the EEA Agreement
Date: 2010-01-29
Institutions: EEA Joint Committee
Subjects: carriage of passengers, drafting of EU law, safety standard, transport safety, vessel




L_2010101EN.01002301.xml










22.4.2010   


EN


Official Journal of the European Union


L 101/23








            DECISION OF THE EEA JOINT COMMITTEE
         
No 13/2010
of 29 January 2010
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 145/2009 of 4 December 2009 (1).












(2)


Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (2) is to be incorporated into the Agreement.












(3)


Directive 2009/45/EC repeals Council Directive 98/18/EC (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The text of point 56f (Council Directive 98/18/EC) of Annex XIII to the Agreement shall be replaced by the following:

                  ‘
                  32009 L 0045: Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).’
               


Article 2
The text of Directive 2009/45/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 January 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 January 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 62, 11.3.2010, p. 42.

(2)  
            OJ L 163, 25.6.2009, p. 1.

(3)  
            OJ L 144, 15.5.1998, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 16/2010 of 29 January 2010 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2010-01-29
Institutions: EEA Joint Committee
Subjects: EU Member State, free movement of persons, international voluntary worker, student mobility, vocational training, young person, youth policy




L_2010101EN.01002601.xml










22.4.2010   


EN


Official Journal of the European Union


L 101/26








            DECISION OF THE EEA JOINT COMMITTEE
         
No 16/2010
of 29 January 2010
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Articles 86 and 98 thereof,

Whereas:







(1)


Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 91/2009 of 3 July 2009 (1).












(2)


It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Council Recommendation 2008/C 319/03 of 20 November 2008 on the mobility of young volunteers across the European Union (2),





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in paragraph 8 of Article 4 of Protocol 31 to the Agreement:






‘—



32008 H 1213: Council Recommendation 2008/C 319/03 of 20 November 2008 on the mobility of young volunteers across the European Union (OJ C 319, 13.12.2008, p. 8).’






Article 2
This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (*1).


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 January 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 277, 22.10.2009, p. 15.

(2)  
            OJ C 319, 13.12.2008, p. 8.

(*1)  No constitutional requirements indicated.
Special Report No 17/2009 concerning vocational training actions for women co-financed by the European Social Fund
Date: 2010-01-29
Institutions: European Court of Auditors
Subjects: EU action, European Court of Auditors, European Social Fund, co-financing, disclosure of information, report, vocational training, woman








C_2010022EN.01002901.xml










29.1.2010   


EN


Official Journal of the European Union


C 22/29





Special Report No 17/2009 ‘concerning vocational training actions for women co-financed by the European Social Fund’
2010/C 22/06
The European Court of Auditors hereby informs you that Special Report No 17/2009 ‘concerning vocational training actions for women co-financed by the European Social Fund’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://www.eca.europa.eu
A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: euraud@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case T-39/10: Action brought on 29 January 2010 — El Corte Inglés v OHIM — Pucci International (PUCCI)
Date: 2010-01-29
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010100EN.01004901.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/49





Action brought on 29 January 2010 — El Corte Inglés v OHIM — Pucci International (PUCCI)
(Case T-39/10)
2010/C 100/74
Language in which the application was lodged: English

Parties


Applicant: El Corte Inglés, S.A. (Madrid, Spain) (represented by: M. López Camba, J. Rivas Zurdo and E. Seijo Veiguela, lawyers)

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

Other party to the proceedings before the Board of Appeal: Emilio Pucci International B.V. (Baarn, The Netherlands)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 October 2009 in case R 173/2009-1;










—


Order the defendant to pay the costs incurred by the applicant;










—


Order the other party to the proceedings before the Board of Appeal to pay the costs incurred by the applicant.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark “PUCCI”, for goods in classes 3, 9, 14, 18, 25 and 28

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: Spanish trade mark registrations of the figurative mark ‘Emidio Tucci’, for goods in classes 3, 9, 14, 25 and 28; Spanish trade mark registration of the word mark ‘E. Tucci’, for goods in class 25; Community trade mark application for the figurative mark ‘Emidio Tucci’, covering inter alia goods in classes 3, 9, 14, 25 and 28.

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was no likelihood of confusion between the trade marks concerned; infringement of Article 8(5) of Council Regulation No 207/2009 as the Board of Appeal failed to conclude that the conditions for the application of this provision are fulfilled, as the earlier trade marks enjoy reputation in Spain in respect of articles related to fashion and the use of a similar sign by a third party would be detrimental to and take unfair advantage of such a reputation.