do-me/EUR-LEX huggingface dataset:
2010/222/: Commission Decision of 19 April 2010 on the European Commission becoming a partner in the Global Bioenergy Partnership
Date: 2010-04-19
Institutions: European Commission
Subjects: Commission Delegation, bioenergy, non-governmental organisation, the EU's international role








L_2010098EN.01001201.xml










20.4.2010   


EN


Official Journal of the European Union


L 98/12








            COMMISSION DECISION
         
of 19 April 2010
         
on the European Commission becoming a partner in the Global Bioenergy Partnership
(2010/222/EU)


THE EUROPEAN COMMISSION,

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

Whereas:







(1)


The European Union has stated goals in the energy sector of increasing security of supply and reducing greenhouse gas emissions from its energy use by increasing the use of renewable energy. Bioenergy forms an important part of the renewable energy strategy. The Union pursues sustainable production of biomass and has adopted sustainability criteria for biofuels and bioliquids.












(2)


In the context of its cooperation with international partners, including developing countries, the Commission is actively engaging in energy dialogues and other forms of cooperation on energy issues. The benefits of bioenergy will only reach their full potential if other countries also pursue bioenergy strategies and implement them in a sustainable manner. The realisation of sustainable energy production can be significantly accelerated by appropriate international frameworks.












(3)


In the G8 Gleneagles Plan of Action of 2005 the G8 endorsed the launch of a Global Bioenergy Partnership to support wider, cost-effective, biomass and biofuels deployment, particularly in developing countries. The Global Bioenergy Partnership has initiated task forces on greenhouse gas methodologies and on sustainability with a view to promoting bioenergy in a sustainable manner.












(4)


The Chairman of the Global Bioenergy Partnership wrote to President Barroso on 12 April 2007 inviting the Commission to join the Global Bioenergy Partnership and has subsequently repeated this invitation.












(5)


The Commission will, through its participation in the Global Bioenergy Partnership, be better able to coordinate its relevant international activities concerning bioenergy and related sustainability issues.












(6)


The Global Bioenergy Partnership relies on contributions from members. Such contributions are made on a voluntary basis and the decision to participate does not commit the Commission to financial contributions to common budgets,





HAS ADOPTED THIS DECISION:



Article 1
The European Commission (hereafter referred to as ‘the Commission’) shall participate as a partner in the Global Bioenergy Partnership.


Article 2
The Commissioner for Energy, or his designated representative, is authorised to sign the Terms of Reference for the Global Bioenergy Partnership on behalf of the Commission.




Done at Brussels, 19 April 2010.


For the Commission

Günther OETTINGER
            

Member of the Commission
Case C-192/10: Action brought on 19 April 2010 — European Commission v Kingdom of Spain
Date: 2010-04-19
Institutions: Court of Justice
Subjects: Spain, action for failure to fulfil an obligation, environmental protection, environmental standard, infringement of EU law, pollution, waste disposal








C_2010195EN.01000302.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/3





Action brought on 19 April 2010 — European Commission v Kingdom of Spain
(Case C-192/10)
2010/C 195/05
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: S. Pardo Quintillán and A. Marghelis, Agents)

Defendant: Kingdom of Spain

Form of order sought







—


declare that the Kingdom of Spain, by failing to adopt the measures necessary to ensure the fulfilment of the obligations relating to the closure and monitoring and control in the aftercare phase of the Cova da Loba landfill site, situated in O Grove (Pontevedra, Galicia), has not complied with its obligations under Articles 13 and 14 of Council Directive 1999/31/EC (1) of 26 April 1999 on the landfill of waste;










—


order Kingdom of Spain to pay the costs.





Pleas in law and main arguments







1.


The main purpose of Directive 1999/31/EC is to prevent or reduce as far as possible negative effects on the environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect, as well as any resulting risk to human health, from landfilling of waste, during the whole life-cycle of the landfill.










2.


As is apparent from the information communicated by the competent Spanish authorities, the Cova da Loba landfill site was authorised in 2000. It is, thus, an existing landfill site for the purposes of Article 14 of Directive 1999/31/EC.










3.


The Cova da Loba landfill site was abandoned without closure or ensuring its monitoring and control in the aftercare phase, as laid down in Article 13 of the directive.










4.


Thus, it follows from the information transmitted by the Spanish authorities that the closure of the Cova da Loba landfill site has not yet been completed. The situation of that landfill site thus infringes, on the basis of the foregoing considerations, what is laid down in Article 14 of Directive 1999/31/EC.






(1)  OJ 1999 L 182, p. 1.
Commission Regulation (EU) No 320/2010 of 19 April 2010 entering a name in the register of protected designations of origin and protected geographical indications (Prosciutto di Sauris (PGI))
Date: 2010-04-19
Institutions: European Commission
Subjects: Italy, designation of origin, labelling, location of production, meat product, mode of production, product designation








L_2010098EN.01000101.xml










20.4.2010   


EN


Official Journal of the European Union


L 98/1








            COMMISSION REGULATION (EU) No 320/2010
of 19 April 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Prosciutto di Sauris (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, Italy’s application to register the name ‘Prosciutto di Sauris’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to 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, 19 April 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 188, 11.8.2009, p. 35.




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

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

ITALY
Prosciutto di Sauris (PGI)
Case C-193/10: Reference for a preliminary ruling from the Finanzgericht, Düsseldorf (Germany) lodged on 19 April 2010 — KMB Europe BV v Hauptzollamt Duisburg
Date: 2010-04-19
Institutions: Court of Justice
Subjects: Combined Nomenclature, electronic device, interpretation of the law, tariff nomenclature








C_2010209EN.01001103.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/11





Reference for a preliminary ruling from the Finanzgericht, Düsseldorf (Germany) lodged on 19 April 2010 — KMB Europe BV v Hauptzollamt Duisburg
(Case C-193/10)
()
2010/C 209/17
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: KMB Europe BV

Defendant: Hauptzollamt Duisburg

Question referred

Is heading 8521 of the Combined Nomenclature in the version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and the statistical nomenclature and on the Common Customs Tariff (1), [as amended] by Commission Regulation (EC) No 1549/2006 of 17 October 2006 (2), to be interpreted as meaning that apparatus such as the MP3 media player described below is not to be classified under that heading because account must be taken of its principal function as sound reproducing apparatus or because its capability of reproducing individual pictures and films is limited by a small display with small resolution and low frame frequency?


(1)  OJ 1987 L 256, p. 1.

(2)  Commission Regulation (EC) No 1549/2006 of 17 October 2006 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2006 L 301, p. 1).
Council Decision of 19 April 2010 appointing the Italian members and alternate members of the Advisory Committee on Safety and Health at Work
Date: 2010-04-19
Institutions: Council of the European Union
Subjects: Italy, advisory committee (EU), appointment of members, occupational health, occupational safety








C_2010110EN.01000201.xml










29.4.2010   


EN


Official Journal of the European Union


C 110/2





COUNCIL DECISION
of 19 April 2010
appointing the Italian members and alternate members of the Advisory Committee on Safety and Health at Work
2010/C 110/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2003/C 218/01 of 22 July 2003 on the setting up of an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


In its Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, except for certain members and alternate members, including the Italian members and alternate members for the government, trade union and employers’ organisation categories.










(2)


The Italian Government has proposed candidates for the vacant seats,




HAS ADOPTED THIS DECISION:
Sole Article
The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2013:

I.   Government Representatives







Members


Alternates




Mr Giuseppe Umberto MASTROPIETRO


Mr Lorenzo FANTINI
Mr Mauro FRANCIOSI







II.   Trade Union Representatives







Members


Alternates




Ms Gabriella GALLI


Mr Sebastiano CALLERI
Ms Cinzia FRASCHERI







III.   Employers’ Representatives







Members


Alternates




Ms Fabiola LEUZZI


Mr Giorgio RUSSOMANNO
Mr Pier Paolo MASCIOCCHI





Done at Luxembourg, 19 April 2010.


For the Council


The President

E. SALGADO




(1)  OJ C 218, 13.9.2003, p. 1.

(2)  OJ L 45, 22.2.2010, p. 5.
Case C-191/10: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 19 April 2010 — Rastelli Davide et C. v Jean-Charles Hidoux, in his capacity as liquidator appointed by the court for Médiasucre International
Date: 2010-04-19
Institutions: Court of Justice
Subjects: EU Member State, financial solvency, interpretation of the law, judicial cooperation, judicial proceedings, liquidation








C_2010161EN.01003602.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 19 April 2010 — Rastelli Davide et C. v Jean-Charles Hidoux, in his capacity as liquidator appointed by the court for Médiasucre International
(Case C-191/10)
(2010/C 161/55)
Language of the case: French

Referring court

Cour de Cassation

Parties to the main proceedings


Applicant: Rastelli Davide et C.

Defendant: Jean-Charles Hidoux, in his capacity as liquidator appointed by the court for Médiasucre International

Questions referred







1.


Where a court in a Member State opens the main insolvency proceedings in respect of a debtor, on the view that the centre of the debtor’s main interests is situated in the territory of that Member State, does Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (1) preclude the application, by that court, of a rule of national law conferring upon it jurisdiction to join to those proceedings a company whose seat is in another Member State solely on the basis of a finding that the property of the debtor and the property of that company have been intermixed?










2.


If the action for joinder falls to be categorised as the opening of new insolvency proceedings in respect of which the jurisdiction of the court of the Member State first seised is conditional on proof that the company to be joined has the centre of its main interests in that Member State, can such proof be inferred solely from the finding that the property of the two companies has been intermixed?






(1)  OJ L 160, p. 1.
Case T-170/10: Action brought on 19 April 2010 — CTG Luxembourg PSF v Court of Justice
Date: 2010-04-19
Institutions: General Court
Subjects: Luxembourg, action for annulment (EU), invitation to tender, provision of services








C_2010161EN.01004802.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/48






Action brought on 19 April 2010 — CTG Luxembourg PSF v Court of Justice
(Case T-170/10)
(2010/C 161/77)
Language of the case: French

Parties


Applicant: Computer Task Group Luxembourg PSF SA (Bertrange, Luxembourg) (represented by: M. Thewes, lawyer)

Defendant: Court of Justice of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul the decisions taken by the Court of Justice in the context of the European public contract ‘AO 008/2009: 1st and 2nd level support for the users of IT and telephone systems, call centre, end user hardware management’, specifically:






—


the decision of the tender opening board of 9 February 2010 to reject the tender of CTG CONSORTIUM because it was ‘lodged out of time’;










—


the decision of the Court of Justice of the European Union to award the contract to another tenderer (not dated and unknown at that date to the applicant);










—


the decision of the Court of Justice of the European Union confirming the rejection of the tender of CTG CONSORTIUM of 05/03/2010;














—


declare the non-contractual liability of the European Union and order the Court of Justice to compensate the applicant for all the loss incurred on account of the contested decisions and appoint an expert to evaluate that loss;










—


order the Court of Justice to pay all the costs and expenses.





Pleas in law and main arguments

By this action, the applicant is seeking, first, annulment of the decision of the tender opening board of 9 February 2010, rejecting the applicant’s offer because it was lodged out of time, in the context of the tendering procedure concerning 1st and 2nd level support for the users of IT systems, call centre, end user hardware management (OJ 2009/S 217-312292), and of the decision to award the contract to another tenderer and, secondly, an application for damages.
In support of its appeal, the applicant puts forward four pleas alleging:






—


infringement of the principle of non-discrimination, the principle of equal treatment of tenderers and the principle of freedom of competition, by imposing a final time for posting the tenders, in addition to the final date for sending them;










—


infringement of the obligation to reply to requests for information sent in due time to the contracting authority;










—


infringement of the obligation to inform rejected tenderers of the grounds on which the rejection of their tender was based, the name of the successful tenderer and information as to the means of appeal;










—


the European Union’s non-contractual liability.
Commission Regulation (EU) No 321/2010 of 19 April 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-04-19
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2010098EN.01000301.xml










20.4.2010   


EN


Official Journal of the European Union


L 98/3








            COMMISSION REGULATION (EU) No 321/2010
of 19 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 20 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 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 


75,8 




TN 


110,0 




TR 


103,2 




ZZ 


94,1 




0707 00 05 


MA 


50,8 




TR 


118,1 




ZZ 


84,5 




0709 90 70 


MA 


48,1 




TR 


102,4 




ZZ 


75,3 




0805 10 20 


EG 


50,6 




IL 


54,6 




MA 


53,3 




TN 


47,2 




TR 


60,8 




ZZ 


53,3 




0805 50 10 


EG 


65,6 




TR 


63,6 




ZA 


71,6 




ZZ 


66,9 




0808 10 80 


AR 


89,9 




BR 


83,8 




CA 


111,7 




CL 


87,8 




CN 


86,0 




MK 


22,1 




NZ 


105,2 




US 


139,1 




UY 


72,9 




ZA 


88,3 




ZZ 


88,7 




0808 20 50 


AR 


93,2 




CL 


102,3 




CN 


50,4 




ZA 


101,5 




ZZ 


86,9 






(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 T-173/10: Action brought on 19 April 2010 — Apotheke DocMorris v OHIM (Representation of a green cross)
Date: 2010-04-19
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmacy, trade-mark law








C_2010179EN.01004101.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/41






Action brought on 19 April 2010 — Apotheke DocMorris v OHIM (Representation of a green cross)
(Case T-173/10)
(2010/C 179/72)
Language in which the application was lodged: German

Parties


Applicant: Apotheke DocMorris Holding GmbH (Stuttgart, Germany) (represented by Y. Dick, lawyer)

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

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2010 in Case R 1606/2008-4; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark, representing a green cross, for goods and services in Classes 3, 5, 8, 9, 10, 11, 16, 21, 25, 29, 30, 32, 35 to 42 and 44 (Application No 5 930 946).

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 (1), as the Board of Appeal’s finding of distinctiveness was in several respects incorrect.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).