do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 306/2010 of 14 April 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Pecorino Toscano (PDO))
Date: 2010-04-15
Institutions: European Commission
Subjects: Italy, designation of origin, location of production, product designation, semi-soft cheese








L_2010094EN.01001901.xml










15.4.2010   


EN


Official Journal of the European Union


L 94/19








            COMMISSION REGULATION (EU) No 306/2010
of 14 April 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Pecorino Toscano (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 9(1) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Pecorino Toscano’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 April 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 188, 11.8.2009, p. 30.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY
Pecorino Toscano (PDO)
Notice of the impending expiry of certain anti-dumping measures
Date: 2010-04-15
Institutions: European Commission
Subjects: United States, anti-dumping duty, anti-dumping legislation, import, originating product, plate, steel








C_2010095EN.01000901.xml










15.4.2010   


EN


Official Journal of the European Union


C 95/9





Notice of the impending expiry of certain anti-dumping measures
2010/C 95/06
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Grain oriented flat-rolled products of silicon-electrical steel


United States of America


Anti-dumping duty


Council Regulation (EC) No 1371/2005 (OJ L 223, 27.8.2005, p. 1)


28.8.2010




Undertaking


Commission Decision 2005/622/EC (OJ L 223, 27.8.2005, p. 42)






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.
Case T-168/10: Action brought on 15 April 2010 — Commission v SEMEA
Date: 2010-04-15
Institutions: General Court
Subjects: EU financing, European Commission, France, appeal, regional development








C_2010161EN.01004801.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/48






Action brought on 15 April 2010 — Commission v SEMEA
(Case T-168/10)
(2010/C 161/76)
Language of the case: French

Parties


Applicant: European Commission (represented by: S. Petrova, Agent and E. Bouttier, lawyer)

Defendant: Société d’économie mixte d’équipement de l’Aveyron (SEMEA) (Millau, France)

Form of order sought

The applicant claims that the Court should:






—


order the société d’économie mixte de l’Aveyron, in the person of its ad hoc agent, to pay the applicant the principal sum of EUR 41,012, plus interest outstanding since 10 March 1992 or, in the alternative, from 27 April 1993;










—


order the capitalisation of interest;










—


order the SEMEA to pay EUR 5 000 in respect of wrongful obstruction of legal process;










—


order the SEMEA to pay the costs of this case.





Pleas in law and main arguments

The European Community, represented by the Commission, concluded on 6 July 1990 with the Société d’économie mixte d’équipement de l’Aveyron (the Aveyron semi-public installations company) (SEMEA) a grant contract concerning a local development action consisting in the performance of work for the preparation and launching of a Centre Européen d’Entreprise Locale (European Local Enterprise Centre) in Millau.
The Commission claims that under that contract, the SEMEA undertook to perform various services and to account for them to the Commission by submitting periodical reports, the Commission for its part undertaking to contribute financially to the performance of those works up to a maximum of ECU 135,000, not exceeding 50 % of the justified costs of the works.
In May 1991, the SEMEA requested from the Commission that that contract might be performed by another structure, the Association CEI12, which the Commission accepted, specifying that that agreement did not exempt the SEMEA from its obligations, and the SEMEA thus confirmed that it would guarantee the proper performance of the services provided for in the contract.
Following a check on the state of progress of the works, it was found that the total eligible expenditure was ECU 187,977 and thus, that the Commission’s contribution was to be set at 50 % of that amount, that is, at ECU 93,988.
In so far as the SEMEA has already received ECU 135,000 in respect of the contract, this action seeks to claim from the SEMEA the recovery of the overpayment.
Case T-26/10: Order of the General Court of 15 April 2010 — Alibaba Group v OHIM — allpay.net (ALIPAY)
Date: 2010-04-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), service industry, trade-mark law








C_2010148EN.01005108.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/51





Order of the General Court of 15 April 2010 — Alibaba Group v OHIM — allpay.net (ALIPAY)
(Case T-26/10) (1)

2010/C 148/90

Language of the case: English

The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 100, 17.4.2010.
Case T-176/10: Action brought on 15 April 2010 — Seven v OHIM — Seven For All Mankind (SEVEN FOR ALL MANKIND)
Date: 2010-04-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile industry, trade-mark law








C_2010161EN.01005002.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/50






Action brought on 15 April 2010 — Seven v OHIM — Seven For All Mankind (SEVEN FOR ALL MANKIND)
(Case T-176/10)
(2010/C 161/80)
Language in which the application was lodged: Italian

Parties


Applicant: Seven SpA (Leinì, Italy) (represented by: L. Trevisan, lawyer)

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

Other party to the proceedings before the Board of Appeal: Seven For All Mankind LLC

Form of order sought







—


Annul the decision of the Second Board of Appeal of 28 January 2010.










—


Order OHIM to bear its own costs and to pay the costs incurred by Seven SpA in the present proceedings and in the proceedings before the Board of Appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: Seven For All Mankind LLC

Community trade mark concerned: Word mark ‘SEVEN FOR ALL MANKIND’ (Application No 4 443 222), for goods in Classes 14 and 18.

Proprietor of the mark or sign cited in the opposition proceedings: Seven SpA.

Mark or sign cited in opposition: Two Community figurative marks (No 591 206 and No 3 489 234 for goods in Classes 16, 18 and 25) and an international trade mark (No 731 954, for goods in Classes 3, 9, 12, 14, 15, 16, 18, 20, 22, 25 and 28) which contain the word element ‘SEVEN’.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Misapplication of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.
Commission Regulation (EU) No 315/2010 of 15 April 2010 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 677/2009
Date: 2010-04-15
Institutions: European Commission
Subjects: Portugal, award of contract, import licence, maize, originating product, tariff reduction, third country








L_2010096EN.01000601.xml










16.4.2010   


EN


Official Journal of the European Union


L 96/6








            COMMISSION REGULATION (EU) No 315/2010
of 15 April 2010
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 677/2009


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 144(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EC) No 677/2009 (2).












(2)


Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(4)


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 tenders lodged from 26 March to 15 April 2010 under the invitation to tender issued in Regulation (EC) No 677/2009, the maximum reduction in the duty on maize imported shall be EUR 22,19/t for a total maximum quantity of 1 180 t.


Article 2
This Regulation shall enter into force on 16 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 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 196, 28.7.2009, p. 7.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Case F-4/09: Judgment of the Civil Service Tribunal (Second Chamber) of 15 April 2010 — Britto Patricio Dias v Commission (Staff case — Officials — Posting — Reassignment — Interests of the service — Correspondence between grade and post — Rights of the defence — Reasons stated)
Date: 2010-04-15
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), reassignment, working conditions








C_2010148EN.01005301.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/53





Judgment of the Civil Service Tribunal (Second Chamber) of 15 April 2010 — Britto Patricio Dias v Commission
(Case F-4/09) (1)

(Staff case - Officials - Posting - Reassignment - Interests of the service - Correspondence between grade and post - Rights of the defence - Reasons stated)
2010/C 148/93
Language of the case: French

Parties


Applicant: Jorge de Britto Patricio Dias (Brussels, Belgium) (represented by: L. Massaux, lawyer)

Defendant: European Commission (represented by: C. Berardis Kayser and G. Berscheid, Agents)

Re:

Application for annulment of the decision to reassign the applicant

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr de Britto Patricio Dias to pay all the costs.






(1)  OJ C 69, 21.03.2009, p. 54.
Case C-542/08: Judgment of the Court (Fourth Chamber) of 15 April 2010 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Friedrich G. Barth v Bundesministerium für Wissenschaft und Forschung (Freedom of movement for persons — Workers — Equal treatment — Special length-of-service increment for university professors provided for by national legislation held to be incompatible with Community law by a judgment of the Court — Limitation period — Principles of equivalence and effectiveness)
Date: 2010-04-15
Institutions: Court of Justice
Subjects: Austria, Court of Justice of the European Union, EU law, free movement of workers, interpretation of the law, migrant worker








C_2010148EN.01000801.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/8





Judgment of the Court (Fourth Chamber) of 15 April 2010 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Friedrich G. Barth v Bundesministerium für Wissenschaft und Forschung
(Case C-542/08) (1)

(Freedom of movement for persons - Workers - Equal treatment - Special length-of-service increment for university professors provided for by national legislation held to be incompatible with Community law by a judgment of the Court - Limitation period - Principles of equivalence and effectiveness)
2010/C 148/12
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Friedrich G. Barth

Defendant: Bundesministerium für Wissenschaft und Forschung

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof — Interepretation of Art. 39 EC and Art. 7(1) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ English Special Edition 1968 (II), p. 475) — National legislation providing for a special length-of-service increment for university professors, the incompatibility of which with Community law, in its earlier version, was established in Case C-224/01 Köbler — Amended legislation which, by suspending the time-limit for taking advantage of the rights at issue only as from the date of that Court judgment, disadvantages professors who were deprived of that increment by reason of the previous legislation incompatible with Community law

Operative part of the judgment

European Union law does not preclude legislation such as that at issue in the main proceedings making claims for payment of special length-of-service increments — which a worker who had exercised his rights to freedom of movement was denied prior to the delivery of the judgment of 30 September 2003 in Case C-224/01 Köbler, on the basis of a domestic law incompatible with Community law — subject to a three-year limitation rule.


(1)  OJ C 90, 18.4.2009.
Case C-517/08 P: Order of the Court of 15 April 2010 — Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA, Aragonesas Agro, SA v European Commission, Bayer CropScience AG, European Crop Protection Association (ECPA), Kingdom of Spain (Appeal — Directive 91/414/EEC — Non-inclusion of endosulfan in Annex I to that directive — Withdrawal of marketing authorisations — Appeal manifestly unfounded)
Date: 2010-04-15
Institutions: Court of Justice
Subjects: European Commission, appeal, health risk, market approval, marketing restriction, pesticide, plant health legislation, plant health product








C_2010234EN.01001701.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/17





Order of the Court of 15 April 2010 — Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA, Aragonesas Agro, SA v European Commission, Bayer CropScience AG, European Crop Protection Association (ECPA), Kingdom of Spain
(Case C-517/08 P) (1)

(Appeal - Directive 91/414/EEC - Non-inclusion of endosulfan in Annex I to that directive - Withdrawal of marketing authorisations - Appeal manifestly unfounded)
2010/C 234/24
Language of the case: English

Parties


Appellants: Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA, Aragonesas Agro, SA (represented by: C. Mereu and K. Van Maldegem, avocats)

Other parties to the proceedings: European Commission, Bayer CropScience AG, European Crop Protection Association (ECPA) (represented by: L. Parpala and N.B. Rasmussen, acting as Agents, C. Mereu, avocat, K. Van Maldegem, avocat, D. Waelbroeck, avocat and N. Rampal, avocate), Kingdom of Spain

Re:

Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) delivered on 9 September 2008 in Case T-75/06 Bayer CropScience AG and Others v Commission by which the Court of First Instance dismissed an action for the annulment of Commission Decision C(2005) 864 of 2 December 2005 concerning the non-inclusion of endosulfan in Annex I to Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that active substance [notified under No C(2005) 4611] (OJ 2005 L 317, p. 25)

Operative part of the order







1.


The appeal is dismissed.










2.


Makhteshim-Agan Holding BV, Alfa Agricultural Supplies SA and Aragonesas Agro SA are ordered to pay the costs.










3.


European Crop Protection Association (ECPA) shall bear its own costs.






(1)  OJ C 19, 24.1.2009.
Case C-294/09: Judgment of the Court (Fifth Chamber) of 15 April 2010 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 2006/43/EC — Statutory audits of annual accounts and consolidated accounts — Failure to transpose completely within the prescribed period — Failure to communicate the measures to transpose the directive)
Date: 2010-04-15
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, fine, limitation of legal proceedings








C_2010148EN.01001001.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/10





Judgment of the Court (Fifth Chamber) of 15 April 2010 — European Commission v Ireland
(Case C-294/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/43/EC - Statutory audits of annual accounts and consolidated accounts - Failure to transpose completely within the prescribed period - Failure to communicate the measures to transpose the directive)
2010/C 148/15
Language of the case: English

Parties


Applicant: European Commission (represented by: G. Braun and A.-A. Gilly, Agents)

Defendant: Ireland (represented by: D. O’Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or to communicate, within the prescribed period, the measures necessary to comply with Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ 2006 L 157, p. 87)

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 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC and, in any event, by failing to communicate to the Commission of the European Communities the provisions of national law considered to contribute to ensuring such compliance, Ireland has failed to fulfil its obligations under Article 53 of that directive;










2.


Orders Ireland to pay the costs.






(1)  OJ C 220, 12.9.2009.