do-me/EUR-LEX huggingface dataset:
Case T-137/10: Action brought on 17 March 2010 — Coordination bruxelloise d'Institutions sociales et de santé (CBI) v European Commission
Date: 2010-03-17
Institutions: General Court
Subjects: Belgium, European Commission, State aid, action for annulment (EU), control of State aid, medical institution, restriction on competition, services of general interest








C_2010148EN.01003801.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/38





Action brought on 17 March 2010 — Coordination bruxelloise d'Institutions sociales et de santé (CBI) v European Commission
(Case T-137/10)
2010/C 148/64
Language of the case: French

Parties


Applicant: Coordination bruxelloise d’Institutions sociales et de santé (CBI) (Brussels, Belgium) (represented by: D. Waelbroeck, avocat, and D. Slater, solicitor)

Defendant: European Commission

Form of order sought







—


annul the decision of the defendant of 28 October 2009 declaring compatible with the common market on the basis of Article 86(2) EC unlawful State aid granted by Belgium to certain public hospitals in the Région de Bruxelles-Capitale (Region of Brussels — Capital) and dismissing the applicant’s complaint;










—


order the defendant to pay the costs.





Pleas in law and main arguments

By way of the present action, the applicant seeks the annulment of Commission Decision C(2009) 8120 final COR of 28 December 2009, declaring compatible with the common market all the funding granted by the Belgian authorities to the public hospitals belonging to the IRIS network in the Région Bruxelles-Capitale, by way of compensation for hospital and non-hospital services they provide in the form of services of general economic interest (SGEI) (State aid NN 54/2009 (ex-CP 244/2005)).
In support of its action, the applicant submits that the Commission’s decision contains manifest errors of assessment or, at least, provides very inadequate reasons.
The applicant submits in particular that the Commission’s claim that there is no need to examine the efficiency of the aid beneficiary, for example by comparing it to a ‘typical undertaking, well run and adequately provided for’, when examining the State aid in the light of Article 86(2) EC, allows Member State to cover all the costs of an undertaking charged with public service duties, irrespective of how exorbitant or disproportionate those may be, and thus must be rejected.
The applicant submits that, in order to avoid any distortion of competition on the market, compensation for carrying out public service duties should be limited to what is strictly necessary compared to the costs that an efficient operator would have incurred, which is not the case in the present case.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regulation establishing a long-term plan for the northern stock of hake and the fisheries exploiting that stock’ COM(2009) 122 final — 2009/0039 (CNS)
Date: 2010-03-17
Institutions: European Economic and Social Committee
Subjects: North Sea, authorised catch, conservation of fish stocks, fishery management, fishery resources, fishing area, fishing controls, sea fish








C_2010354EN.01006601.xml










28.12.2010   


EN


Official Journal of the European Union


C 354/66





Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regulation establishing a long-term plan for the northern stock of hake and the fisheries exploiting that stock’
COM(2009) 122 final — 2009/0039 (CNS) (1)

2010/C 354/11
The Council and the European Parliament decided on 18 January 2010 and 5 March 2010, respectively, to consult the European Economic and Social Committee, under Article 43 of the Treaty on the Functioning of the European Union (ex Article 37 of the Treaty establishing the European Community), on the

Proposal for a Council Regulation establishing a long-term plan for the northern stock of hake and the fisheries exploiting that stock

COM(2009) 122 final — 2009/0039 (CNS) (1).
Since the Committee endorses the contents of the proposal and feels that it requires no comment on its part, it decided, at its 461st plenary session, held on 17 and 18 March 2010 (meeting of 17 March 2010), unanimously to issue an opinion endorsing the proposed text.

Brussels, 17 March 2010.


The President of the European Economic and Social Committee

Mario SEPI




(1)  The acronym should read COD.
Euro exchange rates
Date: 2010-03-17
Institutions: European Commission
Subjects: euro, exchange rate








C_2010066EN.01001101.xml










17.3.2010   


EN


Official Journal of the European Union


C 66/11





Euro exchange rates (1)

16 March 2010
2010/C 66/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3723




JPY


Japanese yen


124,22




DKK


Danish krone


7,4407




GBP


Pound sterling


0,90690




SEK


Swedish krona


9,7242




CHF


Swiss franc


1,4516




ISK


Iceland króna


 




NOK


Norwegian krone


8,0145




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,504




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


264,19




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7077




PLN


Polish zloty


3,8865




RON


Romanian leu


4,0893




TRY


Turkish lira


2,0944




AUD


Australian dollar


1,5005




CAD


Canadian dollar


1,3944




HKD


Hong Kong dollar


10,6493




NZD


New Zealand dollar


1,9477




SGD


Singapore dollar


1,9155




KRW


South Korean won


1 555,03




ZAR


South African rand


10,1320




CNY


Chinese yuan renminbi


9,3672




HRK


Croatian kuna


7,2570




IDR


Indonesian rupiah


12 581,48




MYR


Malaysian ringgit


4,5538




PHP


Philippine peso


62,740




RUB


Russian rouble


40,2510




THB


Thai baht


44,497




BRL


Brazilian real


2,4197




MXN


Mexican peso


17,1894




INR


Indian rupee


62,4650






(1)  Source: reference exchange rate published by the ECB.
Case C-140/10: Reference for a preliminary ruling from the Hof van Cassatie van België (Belgium) lodged on 17 March 2010 — Greenstar-Kanzi Europe NV v Jean Hustin and Jo Goossens
Date: 2010-03-17
Institutions: Court of Justice
Subjects: European patent, industrial counterfeiting, interpretation of the law, legal action, patent law, plant propagation, plant variety right, protection of plant life








C_2010161EN.01001901.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/19






Reference for a preliminary ruling from the Hof van Cassatie van België (Belgium) lodged on 17 March 2010 — Greenstar-Kanzi Europe NV v Jean Hustin and Jo Goossens
(Case C-140/10)
(2010/C 161/27)
Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings








Applicants


:


Greenstar-Kanzi Europe NV




Defendants


:








 


Jean Hustin










 


Jo Goossens









Questions referred







1.


Should Article 94 of Council Regulation (EC) No 2100/94 (1) of 27 July 1994 on Community plant variety rights, as amended by Council Regulation (EC) No 873/2004 (2) of 29 April 2004, read in conjunction with Articles 11(1), 13(1) to 13(3), 16, 27 and 104 of the aforementioned Regulation (EC) No 2100/94, be interpreted in such a way that the holder or the person enjoying the right of exploitation may bring an action for infringement against anyone who effects acts in respect of material which was sold or disposed of to him by a licensee of the right of exploitation if the limitations in the licensing contract between the licensee and the holder of the Community plant variety right that were stipulated to apply in the event of the sale of that material were not respected?










2.


If so, is it of significance for the assessment of the infringement that the person effecting the aforementioned act is aware or is deemed to be aware of the limitations thus imposed in the said licensing contract?






(1)  OJ 1994 L 227, p. 1.

(2)  OJ 2004 L 162, p. 38.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regulation laying down a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries’ COM(2009) 151 final — 2009/0051 (CNS)
Date: 2010-03-17
Institutions: European Economic and Social Committee
Subjects: Atlantic Ocean, fishing area, fishing controls, international convention, international cooperation








C_2010354EN.01006701.xml










28.12.2010   


EN


Official Journal of the European Union


C 354/67





Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regulation laying down a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries’
COM(2009) 151 final — 2009/0051 (CNS) (1)

2010/C 354/12
The Council and the European Parliament decided on 18 January 2010 and 5 March 2010, respectively, to consult the European Economic and Social Committee, under Article 43 of the Treaty on the Functioning of the European Union (ex Article 37 of the Treaty establishing the European Community), on the

Proposal for a Council Regulation laying down a Scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

COM(2009) 151 final — 2009/0051 (CNS) (1).
Since the Committee endorses the contents of the proposal and feels that it requires no comment on its part, it decided, at its 461st plenary session, held on 17 and 18 March 2010 (meeting of 17 March 2010), unanimously to issue an opinion endorsing the proposed text.

Brussels, 17 March 2010.


The President of the European Economic and Social Committee

Mario SEPI




(1)  The acronym should read COD.
Case T-78/09: Judgment of the General Court of 17 March 2010 — Parliament v Collée (Appeal — Staff cases — Officials — Promotion — 2004 Promotion round — Procedure for the allocation of merit points — Distortion of the evidence — Statement of reasons — Value of the opinion of the Reports Committee — Principle of non-discrimination)
Date: 2010-03-17
Institutions: General Court
Subjects: European Parliament, European official, action by staff, appeal, promotion, staff assessment








C_2010113EN.01004501.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/45





Judgment of the General Court of 17 March 2010 — Parliament v Collée
(Case T-78/09) (1)

(Appeal - Staff cases - Officials - Promotion - 2004 Promotion round - Procedure for the allocation of merit points - Distortion of the evidence - Statement of reasons - Value of the opinion of the Reports Committee - Principle of non-discrimination)
2010/C 113/72
Language of the case: French

Parties


Appellant: European Parliament (represented by: initially C. Burgos and A. Lukošiūtė, and subsequently R. Ignătescu, Agents)

Other party to the proceedings: Laurent Collée (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Re:

Appeal against the judgment of 11 December 2008 of the European Union Civil Service Tribunal in Case F-148/06 Collée v Parliament, not yet published in the ECR, seeking the setting-aside of that judgment

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the European Parliament to bear its own costs and to pay those incurred by Mr Laurent Collée in connection with the appeal.






(1)  OJ C 102, of 1.5.2009.
Commission Regulation (EU) No 227/2010 of 17 March 2010 on the issue of import licences for applications lodged during the first seven days of March 2010 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2010-03-17
Institutions: European Commission
Subjects: import licence, poultrymeat, tariff quota








L_2010068EN.01001101.xml










18.3.2010   


EN


Official Journal of the European Union


L 68/11








            COMMISSION REGULATION (EU) No 227/2010
of 17 March 2010
         
on the issue of import licences for applications lodged during the first seven days of March 2010 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 March 2010 for the subperiod from 1 April to 30 June 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 April to 30 June 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 18 March 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 March 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 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 1.4.2010-30.6.2010
(%)




1


09.4410


0,450752 




3


09.4412


0,502897 




4


09.4420


0,654346 




5


09.4421


6,711447 




6


09.4422


0,729936
Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regulation establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Regulation (EC) No 1984/2003’ COM(2009) 406 final — 2009/0116 (CNS)
Date: 2010-03-17
Institutions: European Economic and Social Committee
Subjects: EU action, EU programme, access to information, authorised catch, conservation of fish stocks, data processing, fishery management, fishing controls, fishing regulations, sea fish








C_2010354EN.01007001.xml










28.12.2010   


EN


Official Journal of the European Union


C 354/70





Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Regulation establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Regulation (EC) No 1984/2003’
COM(2009) 406 final — 2009/0116 (CNS) (1)

2010/C 354/15
The Council and the European Parliament decided on 19 January 2010 and 5 March 2010, respectively, to consult the European Economic and Social Committee, under Article 43 of the Treaty on the Functioning of the European Union (ex Article 37 of the Treaty establishing the European Community), on the

Proposal for a Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Regulation (EC) No 1984/2003

COM(2009) 406 final — 2009/0116 (CNS) (1).
Since the Committee endorses the contents of the proposal and feels that it requires no comment on its part, it decided, at its 461st plenary session, held on 17 and 18 March 2010 (meeting of 17 March 2010), unanimously to issue an opinion endorsing the proposed text.

Brussels, 17 March 2010.


The President of the European Economic and Social Committee

Mario SEPI




(1)  The acronym should read COD.
2010/160/: Commission Decision of 17 March 2010 amending Decision 2005/176/EC laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (notified under document C(2010) 1585) (Text with EEA relevance)
Date: 2010-03-17
Institutions: European Commission
Subjects: animal disease, exchange of information, information system, veterinary legislation








L_2010068EN.01002101.xml










18.3.2010   


EN


Official Journal of the European Union


L 68/21








            COMMISSION DECISION
         
of 17 March 2010
         
amending Decision 2005/176/EC laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC
(notified under document C(2010) 1585)
(Text with EEA relevance)
(2010/160/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (1), and in particular Article 5(1) thereof,

Whereas:







(1)


Directive 82/894/EEC concerns notifications of outbreaks of the animal diseases listed in Annex I thereto.












(2)


Commission Decision 2005/176/EC (2) lays down the codified form and the codes for the notification of animal diseases pursuant to Directive 82/894/EEC. Annexes X/09 and X/11 to that Decision list the codes for the veterinary regions in Denmark and Spain, respectively.












(3)


Denmark and Spain have changed the names and boundaries of their veterinary regions. The adjustment of those regions affects the Animal Disease Notification System. The new regions should therefore replace those currently listed in that system. It is therefore appropriate to amend Annexes X/09 and X/11 to Decision 2005/176/EC accordingly.












(4)


Decision 2005/176/EC should therefore be amended accordingly.












(5)


In order to protect confidentiality of the transmitted information, the Annexes to this Decision should not be published in the Official Journal of the European Union.












(6)


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





HAS ADOPTED THIS DECISION:



Article 1
Decision 2005/176/EC is amended as follows:






1.


Annex X/09 is replaced by the text in Annex I to this Decision;










2.


Annex X/11 is replaced by the text in Annex II to this Decision.






Article 2
This Decision is addressed to the Member States.




Done at Brussels, 17 March 2010.


For the Commission

John DALLI
            

Member of the Commission






(1)  
            OJ L 378, 31.12.1982, p. 58.

(2)  
            OJ L 59, 5.3.2005, p. 40.
Case C-142/10 P: Appeal brought on 17 March 2010 by Francisco Pérez Guerra against the order of the General Court (Fourth Chamber) delivered on 11 February 2010 in Case T-3/10 Pérez Guerra v BNP Paribas and Spain
Date: 2010-03-17
Institutions: Court of Justice
Subjects: European Commission, appeal, injunction, jurisdiction, severance pay








C_2010328EN.01001002.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/10





Appeal brought on 17 March 2010 by Francisco Pérez Guerra against the order of the General Court (Fourth Chamber) delivered on 11 February 2010 in Case T-3/10 Pérez Guerra v BNP Paribas and Spain
(Case C-142/10 P)
()
2010/C 328/16
Language of the case: Spanish

Parties


Appellant: Francisco Pérez Guerra (represented by: G. Soriano Bel, abogado)

Other parties to the proceedings: BNP Paribas and Kingdom of Spain
By order of 24 September 2010, the Court of Justice (Eighth Chamber) dismissed the appeal.
Case T-63/07: Judgment of the General Court of 17 March 2010 — Mäurer + Wirtz v OHIM — (tosca de FEDEOLIVA) (Community trade mark — Opposition proceedings — Application for Community figurative mark tosca de FEDEOLIVA — Earlier Community and national word marks TOSCA — Relative grounds for refusal — Failure to take an argument into consideration — Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))
Date: 2010-03-17
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law








C_2010113EN.01004001.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/40





Judgment of the General Court of 17 March 2010 — Mäurer + Wirtz v OHIM — (tosca de FEDEOLIVA)
(Case T-63/07) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark tosca de FEDEOLIVA - Earlier Community and national word marks TOSCA - Relative grounds for refusal - Failure to take an argument into consideration - Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))
2010/C 113/62
Language of the case: English

Parties


Applicant: Mäurer + Wirtz GmbH & Co. KG (Stolberg, Germany) (represented by: D. Eickemeier, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Exportaciones Aceiteras Fedeoliva, AIE (Jaén, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 December 2006 (Case R 761/2006-2), concerning opposition proceedings between Mülhens GmbH & Co. KG and Exportaciones Aceiteras Fedeoliva, AIE.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 December 2006 (Case R 761/2006-2), to the extent that it rejects the opposition brought on the basis of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (now Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark);










2.


Dismisses the action as to the remainder;










3.


Orders Mäurer + Wirtz GmbH & Co. KG and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) each to bear its own costs.






(1)  OJ C 95, 28.4.2007.
Non-opposition to a notified concentration (Case COMP/M.5712 — Mitsubishi Chemical Holdings/Mitsubishi Rayon Co) Text with EEA relevance
Date: 2010-03-17
Institutions: European Commission
Subjects: building materials, chemical product, disclosure of information, economic concentration, holding company, merger control, pharmaceutical product, plastics, recording medium, restrictive-practice authorisation, textile product








C_2010066EN.01001001.xml










17.3.2010   


EN


Official Journal of the European Union


C 66/10





Non-opposition to a notified concentration
(Case COMP/M.5712 — Mitsubishi Chemical Holdings/Mitsubishi Rayon Co)
(Text with EEA relevance)
2010/C 66/02
On 25 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 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 32010M5712. EUR-Lex is the on-line access to the European law.