do-me/EUR-LEX huggingface dataset:
Case C-14/09: Judgment of the Court (Second Chamber) of 4 February 2010 (reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany)) — Hava Genc v Land Berlin (EEC-Turkey Association Agreement — Decision No 1/80 of the Association Council — Article 6(1) — Concept of worker — Exercise of minor employment — Condition governing loss of acquired rights)
Date: 2010-02-04
Institutions: Court of Justice
Subjects: Türkiye, free movement of workers, interpretation of the law, labour law, remuneration of work








C_2010080EN.01000402.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/4





Judgment of the Court (Second Chamber) of 4 February 2010 (reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany)) — Hava Genc v Land Berlin
(Case C-14/09) (1)

(EEC-Turkey Association Agreement - Decision No 1/80 of the Association Council - Article 6(1) - Concept of ‘worker’ - Exercise of minor employment - Condition governing loss of acquired rights)
2010/C 80/07
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Hava Genc

Defendant: Land Berlin

Re:

Reference for a preliminary ruling — Verwaltungsgericht Berlin (Germany) — Interpretation of Article 6(1) of Decision No 1/80 of the EEC/Turkey Association Council — Right to remain of a Turkish national whose entry into the territory of the host Member State was based on a ground which no longer exists and whose professional activity, amounting to 5.5 hours per week, is merely minor — Minimum characteristics of a working relationship required for it to be considered ‘regular employment’ within the meaning of Decision No 1/80

Operative part of the judgment







1.


A person in a situation such as that of the applicant in the main proceedings is a worker within the meaning of Article 6(1) of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council set up by the Agreement establishing an Association between the European Economic Community and Turkey, provided that the employment in question is real and genuine. It is for the national court to carry out the examinations of fact necessary to determine whether that is so in the case pending before it.










2.


A Turkish worker, within the meaning of Article 6(1) of Decision No 1/80, may rely on the right to free movement which he derives from the Agreement establishing an Association between the European Economic Community and Turkey, even if the purpose for which he entered the host Member State no longer exists. Where such a worker satisfies the conditions set out in Article 6(1) of that decision, his right of residence in the host Member State cannot be made subject to additional conditions as to the existence of interests capable of justifying residence or as to the nature of the employment.






(1)  OJ C 102, 1.5.2009.
Case T-408/07: Order of the General Court of 4 February 2010 — Crunch Fitness International v OHIM — ILG (CRUNCH) (Community trade mark — Revocation — Withdrawal of the request for revocation — No need to adjudicate)
Date: 2010-02-04
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), service, sports facilities, trade-mark law








C_2010100EN.01003902.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/39





Order of the General Court of 4 February 2010 — Crunch Fitness International v OHIM — ILG (CRUNCH)
(Case T-408/07) (1)

(Community trade mark - Revocation - Withdrawal of the request for revocation - No need to adjudicate)
2010/C 100/61
Language of the case: English

Parties


Applicant: Crunch Fitness International, Inc. (New York, New York, United States) (represented by: initially J. Barry, Solicitor, and subsequently H. Johnson, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: ILG Ltd (Dun Laoghaire, Ireland) (represented by: A. von Mühlendahl, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2007 (Case R 1168/2005-4) relating to revocation proceedings between ILG Ltd and Crunch Fitness International Inc.

Operative part of the order







1.


There is no need to rule on the action.










2.


The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.






(1)  OJ C 8, of 12.1.2008.
Commission Regulation (EU) No 100/2010 of 4 February 2010 granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2010-02-04
Institutions: European Commission
Subjects: award of contract, butter, export refund








L_2010034EN.01002101.xml










5.2.2010   


EN


Official Journal of the European Union


L 34/21








            COMMISSION REGULATION (EU) No 100/2010
of 4 February 2010
         
granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


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), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a permanent tender.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 2 February 2010.












(3)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 2 February 2010, no export refund shall be granted for the products and destinations referred to in points (a) and (b) of Article 1 and in Article 2 of that Regulation.


Article 2
This Regulation shall enter into force on 5 February 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 February 2010.


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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Euro exchange rates
Date: 2010-02-04
Institutions: European Commission
Subjects: euro, exchange rate








C_2010028EN.01001901.xml










4.2.2010   


EN


Official Journal of the European Union


C 28/19





Euro exchange rates (1)

3 February 2010
2010/C 28/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3984




JPY


Japanese yen


126,73




DKK


Danish krone


7,4450




GBP


Pound sterling


0,87620




SEK


Swedish krona


10,1060




CHF


Swiss franc


1,4738




ISK


Iceland króna


 




NOK


Norwegian krone


8,1660




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,024




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


270,02




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7089




PLN


Polish zloty


3,9827




RON


Romanian leu


4,1005




TRY


Turkish lira


2,0741




AUD


Australian dollar


1,5759




CAD


Canadian dollar


1,4832




HKD


Hong Kong dollar


10,8580




NZD


New Zealand dollar


1,9660




SGD


Singapore dollar


1,9703




KRW


South Korean won


1 603,97




ZAR


South African rand


10,4380




CNY


Chinese yuan renminbi


9,5463




HRK


Croatian kuna


7,3180




IDR


Indonesian rupiah


12 987,40




MYR


Malaysian ringgit


4,7539




PHP


Philippine peso


64,454




RUB


Russian rouble


41,8600




THB


Thai baht


46,196




BRL


Brazilian real


2,5653




MXN


Mexican peso


18,0114




INR


Indian rupee


64,2910






(1)  Source: reference exchange rate published by the ECB.
Case C-186/09: Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2004/113/EC — Equal treatment for men and women — Access to and supply of goods and services — Failure to transpose within the prescribed period as regards Gibraltar)
Date: 2010-02-04
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, action for failure to fulfil an obligation, anti-discriminatory measure, disclosure of information, equal treatment, gender equality, provision of services








C_2010080EN.01000602.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/6





Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-186/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/113/EC - Equal treatment for men and women - Access to and supply of goods and services - Failure to transpose within the prescribed period as regards Gibraltar)
2010/C 80/11
Language of the case: English

Parties


Applicant: European Commission (represented by: M. van Beek and P. Van den Wyngaert, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent)

Re:

Failure of Member State to fulfil obligations — Failure to take, in the prescribed period, the provisions necessary to comply with Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ 2004 L 373, p. 37)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.






(1)  OJ C 180, 1.8.2009.
Non-opposition to a notified concentration (Case COMP/M.5759 — Macquarie Funds/Antin IP/Pisto Group) Text with EEA relevance
Date: 2010-02-04
Institutions: European Commission
Subjects: disclosure of information, economic concentration, financial services, investment company, merger control, petroleum product, restrictive-practice authorisation, storage








C_2010028EN.01001201.xml










4.2.2010   


EN


Official Journal of the European Union


C 28/12





Non-opposition to a notified concentration
(Case COMP/M.5759 — Macquarie Funds/Antin IP/Pisto Group)
(Text with EEA relevance)
2010/C 28/04
On 1 February 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 language 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 32010M5759. EUR-Lex is the on-line access to the European law.
Case C-185/09: Judgment of the Court (Sixth Chamber) of 4 February 2010 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Electronic communications — Retention of data generated or processed in connection with the provision of electronic communications services — Failure to transpose within the prescribed period)
Date: 2010-02-04
Institutions: Court of Justice
Subjects: European Commission, Sweden, access to information, action for failure to fulfil an obligation, communications industry, disclosure of information, electronic mail








C_2010080EN.01000601.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/6





Judgment of the Court (Sixth Chamber) of 4 February 2010 — European Commission v Kingdom of Sweden
(Case C-185/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/24/EC - Electronic communications - Retention of data generated or processed in connection with the provision of electronic communications services - Failure to transpose within the prescribed period)
2010/C 80/10
Language of the case: Swedish

Parties


Applicant: European Commission (represented by: L. Balta and U. Jonsson, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk and A. Engman, Agents)

Re:

Failure of Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54)

Operative part of the judgment

The Court:






1.


declares that, by failing to adopt, within the prescribed period, the provisions necessary to comply Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Kingdom of Sweden has failed to fulfil its obligations under that directive;










2.


orders the Kingdom of Sweden to pay the costs.






(1)  OJ C 180, 01.08.2009.
Prior notification of a concentration (Case COMP/M.5768 — Klöckner/Becker) — Candidate case for simplified procedure Text with EEA relevance
Date: 2010-02-04
Institutions: European Commission
Subjects: building materials, distributive trades, economic concentration, exchange of information, iron and steel product, merger control, metalworking, non-ferrous metal, plastics








C_2010028EN.01002501.xml










4.2.2010   


EN


Official Journal of the European Union


C 28/25





Prior notification of a concentration
(Case COMP/M.5768 — Klöckner/Becker)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 28/11






1.


On 22 January 2010, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Klöckner & Co. SE, (‘Klöckner’, Germany) acquires within the meaning of Article 3(1)(b) of the EC Merger Regulation control of the whole of the undertakings Köhler & Lollert oHG (‘K&L oHG’, Germany) and Umformtechnik Stendal UTS GmbH & Co. KG (‘UTS KG’, Germany) and their respective subsidiaries (together ‘Becker Group’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Klöckner: manufacturer-independent distributor of steel and metals, active in the distribution and processing of steel and non-ferrous metals as well as plastics and building materials,










—


Becker group: active in the distribution and processing of flat steel and non-ferrous metals.














3.


On preliminary examination, the European Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the European Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.
Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5768 — Klöckner/Becker, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case C-259/09: Judgment of the Court (Fifth Chamber) of 4 February 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland (Management of waste from extractive industries — Failure to transpose or to communicate national transposition measures)
Date: 2010-02-04
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, action for failure to fulfil an obligation, disclosure of information, waste disposal, waste management








C_2010080EN.01000701.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/7





Judgment of the Court (Fifth Chamber) of 4 February 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-259/09) (1)

(Management of waste from extractive industries - Failure to transpose or to communicate national transposition measures)
2010/C 80/12
Language of the case: English

Parties


Applicant: European Commission (represented by: A. Marghelis and P. Van den Wyngaert, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (OJ 2006 L 102, p. 15)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.






(1)  OJ C 220, 12.9.2009
Case T-385/05 TO R: Order of the President of the General Court of 4 February 2010 — Portugal v Transnáutica and Commission (Interim measures — Customs union — Third-party proceedings — Judgment of the General Court — Application for stay of execution — Failure to have regard to formal requirements — Inadmissibility)
Date: 2010-02-04
Institutions: General Court
Subjects: European Commission, action for annulment (EU), carrier, customs drawback, customs fraud, customs regulations








C_2010080EN.01002502.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/25





Order of the President of the General Court of 4 February 2010 — Portugal v Transnáutica and Commission
(Case T-385/05 TO R)
(Interim measures - Customs union - Third-party proceedings - Judgment of the General Court - Application for stay of execution - Failure to have regard to formal requirements - Inadmissibility)
2010/C 80/44
Language of the case: English

Parties


Third party: Portuguese Republic (represented by: L. Inez Fernandes, A.C. Santos, J. Gomes and P. Rocha, Agents)

Other parties to the proceedings: Transnáutica — Transportes e Navegação, SA (Matosinhos, Portugal) (represented by: C. Fernández Vicién and D. Ortigão Ramos, lawyers); and European Commission (represented by: R. Lyal and L. Bouyon, Agents)

Re:

Application for stay of execution, in third-party proceedings, of the judgment of the Court of First Instance of 23 September 2009Transnáutica v Commission (Case T-385/05, not published in the ECR).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
2010/63/: Commission Decision of 4 February 2010 extending the period of application of Decision 2006/210/EC
Date: 2010-02-04
Institutions: European Commission
Subjects: advisory committee (EU), drafting of EU law, operation of the Institutions, self-employed person, simplification of legislation








L_2010035EN.01001401.xml










6.2.2010   


EN


Official Journal of the European Union


L 35/14








            COMMISSION DECISION
         
of 4 February 2010
         
extending the period of application of Decision 2006/210/EC
(2010/63/EU)


THE EUROPEAN COMMISSION,

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

Whereas:







(1)


The group of high-level national regulatory experts (hereinafter the group) set up by Commission Decision 2006/210/EC (1) is a consultative group of high-level national experts on better regulation.












(2)


The President of the Commission has indicated that better regulation will remain high on the Commission’s political agenda (2).












(3)


A forum for the discussion of better regulation and promotion of cooperation with Member States on better regulation issues has an important role to play in taking forward that agenda.












(4)


The mandate of the group should therefore be extended for three years.












(5)


Decision 2006/210/EC should be extended accordingly.












(6)


In order to enable the group to continue its work, this Decision should take effect as from 1 January 2010,





HAS ADOPTED THIS DECISION:



Article 1
In Article 6 of Decision 2006/210/EC, the second sentence is replaced by the following:

                  ‘It shall apply until 31 December 2012.’
               


Article 2
This Decision shall take effect as from 1 January 2010.




Done at Brussels, 4 February 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 76, 15.3.2006, p. 3.

(2)  Political guidelines for the next Commission, document presented to the Members of the European Parliament on 15 September 2009.