do-me/EUR-LEX huggingface dataset:
Case C-189/10: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 16 April 2010 — Criminal proceedings against Sélim Abdeli
Date: 2010-04-16
Institutions: Court of Justice
Subjects: France, Treaty of Lisbon, border control, constitution, customs inspection, identity document, international transport, interpretation of the law, rail transport, road transport








C_2010161EN.01003601.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/36






Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 16 April 2010 — Criminal proceedings against Sélim Abdeli
(Case C-189/10)
(2010/C 161/54)
Language of the case: French

Referring court

Cour de Cassation

Party to the main proceedings

Sélim Abdeli

Questions referred







1.


Does Article 267 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 23-2, paragraph 2, and Article 23-5, paragraph 2, of Order No 58-1067 of 7 November 1958, created by Organic Law No 2009-1523 of 10 December 2009, in so far as those provisions require courts to rule as a matter of priority on the submission to the Constitutional Council of the question of constitutionality referred to them, inasmuch as that question relates to whether domestic legislation, because it is contrary to European Union law, is in breach of the Constitution?










2.


Does Article 67 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 78-2, paragraph 4, of the Code of Criminal Procedure, which provides that ‘in an area between the land border of France with the States party to the Convention signed at Schengen on 19 June 1990 and a line traced 20 kilometres inside that border, and in the publicly accessible areas of ports, airports and railway or bus stations open to international traffic, designated by order, the identity of any person may also be checked, in accordance with the procedure provided for in paragraph 1, in order to ascertain whether the obligations laid down by law to possess, carry and present papers and documents are observed. Where that control takes place on board an international train, it may be carried out on the section of the journey between the border and the first stop situated beyond the twenty kilometres from the border. However, on international trains on lines with particular service characteristics the control may also be carried out between that stop and a stop situated within the next fifty kilometres. Those lines and those stops are designated by Ministerial order. Where there is a section of motorway starting in the area referred to in the first sentence of this paragraph and the first motorway tollbooth is situated beyond the twenty kilometre line, the control may also take place up to that first tollbooth, on parking areas and on the site of that tollbooth and the adjoining parking areas. The tollbooths concerned by this provision shall be designated by order’?
Case C-190/10: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 16 April 2010 — Génesis Seguros Generales Sociedad Anónima de Seguros y Reaseguros (GENESIS) v Boys Toys S.A., Administración del Estado
Date: 2010-04-16
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, interpretation of the law, registered trade mark








C_2010195EN.01000301.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/3





Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 16 April 2010 — Génesis Seguros Generales Sociedad Anónima de Seguros y Reaseguros (GENESIS) v Boys Toys S.A., Administración del Estado
(Case C-190/10)
2010/C 195/04
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Génesis Seguros Generales Sociedad Anónima de Seguros y Reaseguros (GENESIS)

Defendant: Boys Toys S.A. y Administración del Estado

Question referred

May Article 27 of Council Regulation (EC) No 40/94 (1) of 20 December 1993 on the Community trade mark be interpreted in such a way as to enable account to be taken not only of the day but also of the hour and minute of filing of an application for registration of a Community trade mark with OHIM (provided that such information has been recorded) for the purposes of establishing temporal priority over a national trade mark application filed on the same day, where the national legislation governing the registration of national trade marks considers the time of filing to be relevant?


(1)  OJ 1994 L 11, p. 1.
Commission Regulation (EU) No 318/2010 of 16 April 2010 amending for the 124th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban
Date: 2010-04-16
Institutions: European Commission
Subjects: Afghanistan, air transport, common foreign and security policy, economic sanctions, foreign capital, international affairs, international sanctions, terrorism, trade restriction








L_2010097EN.01001001.xml










17.4.2010   


EN


Official Journal of the European Union


L 97/10








            COMMISSION REGULATION (EU) No 318/2010
of 16 April 2010
         
amending for the 124th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, (1) and in particular Article 7(1)(a) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 29 March 2010 the Sanctions Committee of the United Nations Security Council decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.












(3)


Annex I should therefore be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day following that of 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, 16 April 2010.


For the Commission, On behalf of the President,
João VALE DE ALMEIDA
            

Director-General for External Relations






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry under the heading ‘Natural persons’ is deleted:


            ‘Azahari Husin. Title: Dr. Address: Taman Sri Pulai, Johor, Malaysia. Date of birth: 14.9.1957. Place of birth: Negeri Sembilan, Malaysia. Nationality: Malaysian. Passport No: A 11512285. National identification No: 570914-05- 5411. Other information: Reportedly deceased in 2005. Date of designation referred to in Article 2a(4)(b): 9.9.2003.’
Non-opposition to a notified concentration (Case COMP/M.5788 — Sharp/Enel Green Power/JV) Text with EEA relevance
Date: 2010-04-16
Institutions: European Commission
Subjects: consumer goods, disclosure of information, economic concentration, electrical energy, energy distribution, energy production, information technology, merger control, restrictive-practice authorisation








C_2010096EN.01000102.xml










16.4.2010   


EN


Official Journal of the European Union


C 96/1





Non-opposition to a notified concentration
(Case COMP/M.5788 — Sharp/Enel Green Power/JV)
(Text with EEA relevance)
2010/C 96/02
On 7 April 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 32010M5788. EUR-Lex is the on-line access to the European law.
Case T-109/04: Order of the General Court of 16 April 2010 — DB Schenker Rail Deutschland v Commission
Date: 2010-04-16
Institutions: General Court
Subjects: European Commission, action for annulment (EU), carriage of goods, customs debt, fraud against the EU, rail transport, transport company








C_2010161EN.01005602.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/56






Order of the General Court of 16 April 2010 — DB Schenker Rail Deutschland v Commission
(Case T-109/04) (1)

(2010/C 161/89)

Language of the case: German

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


(1)  OJ C 146, 29.5.2004.
Corrigendum to Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy ( OJ L 60, 5.3.2008 )
Date: 2010-04-16
Institutions: Council of the European Union
Subjects: common fisheries policy, data collection, data processing, fishery resources, fishing industry, management of resources








L_2010096EN.01000801.xml










16.4.2010   


EN


Official Journal of the European Union


L 96/8







Corrigendum to Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy
(
Official Journal of the European Union L 60 of 5 March 2008
)

On page 6, Article 8(4)(b):
for:






‘(b)


the consultation referred to Article 7(3)(b) indicates that the data has not been provided by Member States in accordance with Articles 16(3) and 20(1); or’,




read:






‘(b)


the consultation referred to in Article 7(3)(b) indicates that the data has not been provided by Member States in accordance with Articles 16(4) and 20(1); or’.
Commission Regulation (EU) No 316/2010 of 16 April 2010 entering a name in the register of protected designations of origin and protected geographical indications (Pommes des Alpes de Haute Durance (PGI))
Date: 2010-04-16
Institutions: European Commission
Subjects: France, designation of origin, labelling, location of production, mode of production, pip fruit, product designation








L_2010097EN.01000101.xml










17.4.2010   


EN


Official Journal of the European Union


L 97/1








            COMMISSION REGULATION (EU) No 316/2010
of 16 April 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Pommes des Alpes de Haute Durance (PGI))


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 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Pommes des Alpes de Haute Durance’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 16 April 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 199, 25.8.2009, p. 19.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

FRANCE
Pommes des Alpes de Haute Durance (PGI)
Corrigendum to Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections ( OJ C 93, 13.4.2010 )
Date: 2010-04-16
Institutions: European Commission
Subjects: Austria, State aid, aid to undertakings, catering industry, control of State aid, hotel industry, tourism








C_2010096EN.01002501.xml










16.4.2010   


EN


Official Journal of the European Union


C 96/25





Corrigendum to Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections

(
Official Journal of the European Union C 93 of 13 April 2010
)

2010/C 96/09
On page 5:
for:







‘Reference number of State Aid


N 179/09’,





read:







‘Reference number of State Aid


N 179/08’.
Commission Regulation (EU) No 319/2010 of 16 April 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-04-16
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2010097EN.01001201.xml










17.4.2010   


EN


Official Journal of the European Union


L 97/12








            COMMISSION REGULATION (EU) No 318/2010
of 16 April 2010
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 17 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


JO 


87,5 




MA 


80,1 




TN 


109,3 




TR 


111,1 




ZZ 


97,0 




0707 00 05 


MA 


93,5 




TR 


124,4 




ZZ 


109,0 




0709 90 70 


MA 


49,0 




TR 


99,2 




ZZ 


74,1 




0805 10 20 


EG 


51,1 




IL 


52,2 




MA 


52,7 




TN 


56,0 




TR 


64,0 




ZZ 


55,2 




0805 50 10 


EG 


66,0 




TR 


60,3 




ZA 


64,4 




ZZ 


63,6 




0808 10 80 


AR 


90,3 




BR 


85,3 




CA 


111,7 




CL 


85,8 




CN 


86,7 




MK 


22,1 




NZ 


105,3 




US 


135,1 




UY 


72,5 




ZA 


81,8 




ZZ 


87,7 




0808 20 50 


AR 


87,4 




CL 


86,3 




CN 


50,4 




ZA 


105,4 




ZZ 


82,4 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case F-23/10: Action brought on 16 April 2010 — Allen v Commission
Date: 2010-04-16
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), health insurance, illness








C_2010161EN.01005801.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/58






Action brought on 16 April 2010 — Allen v Commission
(Case F-23/10)
(2010/C 161/93)
Language of the case: English

Parties


Applicant: Finola Allen (Armação de Pera, Portugal) (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission

The subject matter and description of the proceedings

The annulment of the decision rejecting an application for recognition of serious illness.

Form of order sought

The applicant claims that the Court should order:






—


The annulment of the 30 June 2009 decision rejecting her application for recognition of serious illness and, if necessary, the annulment of the 17 July 2009 decision;










—


if needed, the annulment of the 8 January 2010 decision rejecting the Appellant's complaint;










—


by consequence, the recognition of serious illness for her illnesses stated in her 19 May application as complemented on 2 July 2009 and the full coverage as of 1 July 2009;










—


on a subsidiary basis, the coverage of the sickness insurance until 10 July 2009;










—


the payment of damages evaluated ex aequo et bono and on a provisional basis at 1 Euro;










—


the European Commission to pay the costs.
Case C-188/10: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 16 April 2010 — Criminal proceedings against Aziz Melki
Date: 2010-04-16
Institutions: Court of Justice
Subjects: France, Treaty of Lisbon, border control, constitution, customs inspection, identity document, international transport, interpretation of the law, rail transport, road transport








C_2010161EN.01003502.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/35






Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 16 April 2010 — Criminal proceedings against Aziz Melki
(Case C-188/10)
(2010/C 161/53)
Language of the case: French

Referring court

Cour de Cassation

Party/parties to the main proceedings

Aziz Melki

Questions referred







1.


Does Article 267 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 23-2, paragraph 2, and Article 23-5, paragraph 2, of Order No 58-1067 of 7 November 1958, created by Organic Law No 2009-1523 of 10 December 2009, in so far as that article requires courts to rule as a priority on the submission to the Conseil constitutionnel of the question of constitutionality before them, inasmuch as that question concerns the failure of domestic legislation, because of its infringement of provisions of European Union law, to comply with the Constitution ?










2.


Does Article 67 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 78-2, paragraph 4, of the Code of Criminal Procedure, which provides that ‘in a zone between the land border of France with the States party to the Convention signed at Schengen on 19 June 1990 and a line traced 20 kilometres inside that border, and in the zones accessible to the public of ports, airports and railway or bus stations open to international traffic and designated by order, the identity of any person may also be controlled, in accordance with the procedure provided for in paragraph 1, in order to check that the obligations laid down by the law to hold, carry and present papers and documents are observed. Where that control takes place on board an international train, it may be carried out on the part of the journey between the border and the first stop situated beyond the twenty kilometres from the border. However, on international trains on lines with particular service characteristics the control may also be carried out between that stop and a stop situated within the next fifty kilometres. Those lines and those stops are designated by Ministerial order. Where there is a section of motorway starting in the zone referred to in the first sentence of this paragraph and the first motorway toll is beyond the twenty kilometre line, the control may also take place up to that first toll, on parking areas and on the site of that toll and the adjoining parking areas. The tolls concerned by that provision shall be designated by order’?
Corrigendum to Commission Regulation (EU) No 158/2010 of 25 February 2010 fixing for 2010 the amount of aid in advance for private storage of butter ( OJ L 49, 26.2.2010 )
Date: 2010-04-16
Institutions: European Commission
Subjects: EU aid, butter, private stock, storage, storage premium




L_2010096EN.01000802.xml










16.4.2010   


EN


Official Journal of the European Union


L 96/8







Corrigendum to Commission Regulation (EU) No 158/2010 of 25 February 2010 fixing for 2010 the amount of aid in advance for private storage of butter
(
Official Journal of the European Union L 49 of 26 February 2010
)

On page 15, Article 6(2):
for:


‘2.   Member States may waive the requirements referred to in Article 22(1)(e) of Regulation (EC) No 862/2008 to mark the contract number provided the store manager undertakes to enter the contract number in the register referred to in Annex I point III of that Regulation.’,


read:


‘2.   Member States may waive the requirements referred to in Article 22(1)(e) of Regulation (EC) No 826/2008 to mark the contract number provided the store manager undertakes to enter the contract number in the register referred to in Annex I point III of that Regulation.’.