do-me/EUR-LEX huggingface dataset:
Case T-293/08: Order of the General Court of 9 June 2010 — BASF Plant Science and Others v European Commission (Approximation of laws — Deliberate release into the environment of genetically modified organisms — Authorisation procedure for placing on the market — Failure to adopt a decision — Action for failure to act — Action deprived of purpose — No need to adjudicate)
Date: 2010-06-09
Institutions: General Court
Subjects: European Commission, action for failure to fulfil an obligation, genetically modified organism, marketing, potato








C_2010221EN.01004302.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/43





Order of the General Court of 9 June 2010 — BASF Plant Science and Others v European Commission
(Case T-293/08) (1)

(Approximation of laws - Deliberate release into the environment of genetically modified organisms - Authorisation procedure for placing on the market - Failure to adopt a decision - Action for failure to act - Action deprived of purpose - No need to adjudicate)
2010/C 221/71
Language of the case: English

Parties


Applicants: BASF Plant Science GmbH (Ludwigshafen, Germany), Plant Science Sweden AB (Svalöv, Sweden), Amylogene HB (Svalöv), and BASF Plant Science Co. GmbH, formerly BASF Plant Science Holding GmbH (Ludwigshafen) (represented by: D. Waelbroeck and U. Zinsmeister, lawyers, and D. Slater, Solicitor)

Defendant: European Commission (represented by: C. O’Reilly and C. Zadra, acting as Agents)

Intervening Party: Kingdom of Denmark (represented by J. Bering Liisberg and R. Holdgaard, acting as Agents)

Re:

Application for a declaration that, by failing to adopt a decision with regard to the applicants’ notification relating to the placing of a genetically modified Amflora potato on the market, the Commission failed to fulfil its obligations under Article 18(1) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1) and under Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23)

Operative part of the order







1.


There is no need to adjudicate on this action.










2.


The parties shall bear their own costs.






(1)  OJ C 272, 25.10.2008.
Non-opposition to a notified concentration (Case COMP/M.5873 — Advent/DFS Furniture Company)  Text with EEA relevance
Date: 2010-06-09
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial services, furniture industry, merger control








C_2010150EN.01000101.xml










9.6.2010   


EN


Official Journal of the European Union


C 150/1





Non-opposition to a notified concentration
(Case COMP/M.5873 — Advent/DFS Furniture Company)
(Text with EEA relevance)
2010/C 150/01
On 2 June 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 32010M5873. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2010-06-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2010150EN.01000301.xml










9.6.2010   


EN


Official Journal of the European Union


C 150/3





Euro exchange rates (1)

8 June 2010
2010/C 150/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1942




JPY


Japanese yen


109,32




DKK


Danish krone


7,4382




GBP


Pound sterling


0,82805




SEK


Swedish krona


9,6597




CHF


Swiss franc


1,3793




ISK


Iceland króna


 




NOK


Norwegian krone


7,9820




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,920




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


282,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7075




PLN


Polish zloty


4,1330




RON


Romanian leu


4,2165




TRY


Turkish lira


1,9140




AUD


Australian dollar


1,4579




CAD


Canadian dollar


1,2576




HKD


Hong Kong dollar


9,3202




NZD


New Zealand dollar


1,8039




SGD


Singapore dollar


1,6912




KRW


South Korean won


1 473,15




ZAR


South African rand


9,2825




CNY


Chinese yuan renminbi


8,1558




HRK


Croatian kuna


7,2450




IDR


Indonesian rupiah


11 119,40




MYR


Malaysian ringgit


3,9737




PHP


Philippine peso


55,725




RUB


Russian rouble


38,0070




THB


Thai baht


38,952




BRL


Brazilian real


2,2272




MXN


Mexican peso


15,4171




INR


Indian rupee


56,0650






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.5860 — Cooper/Danaher/JV)  Text with EEA relevance
Date: 2010-06-09
Institutions: European Commission
Subjects: economic concentration, exchange of information, hand tool, machine tool, medical device, merger control








C_2010150EN.01000102.xml










9.6.2010   


EN


Official Journal of the European Union


C 150/1





Non-opposition to a notified concentration
(Case COMP/M.5860 — Cooper/Danaher/JV)
(Text with EEA relevance)
2010/C 150/02
On 2 June 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 32010M5860. EUR-Lex is the on-line access to the European law.
Case C-440/07 P: Order of the Court of 9 June 2010 — European Commission v Schneider Electric SA, Federal Republic of Germany, French Republic (Appeal — Partial annulment of the judgment under appeal — Where the state of the proceedings so permits — Non contractual liability of the Community — Evaluation of the loss)
Date: 2010-06-09
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment, competition, economic concentration, electrical energy, judicial proceedings








C_2010288EN.01001302.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/13






Order of the Court of 9 June 2010 — European Commission v Schneider Electric SA, Federal Republic of Germany, French Republic
(Case C-440/07 P) (1)

(Appeal - Partial annulment of the judgment under appeal - Where the state of the proceedings so permits - Non contractual liability of the Community - Evaluation of the loss)
(2010/C 288/20)
Language of the case: French

Parties


Appellant: European Commission (represented by: M. Petite, F. Arbault, T. Christoforou, R. Lyal and C-F Durand, Agents)

Other parties to the proceedings: Schneider Electric SA (represented by: M. Pittie and A. Winckler, lawyers), Federal Republic of Germany, French Republic

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) in case T-351/03 Schneider Electric v Commission, by which the Court ordered the European Commission to make good, first, the expenses incurred by Schneider Electric SA in respect of its participation in the resumed merger control procedure which followed delivery of the judgments of the Court of First Instance on 22 October 2002 in Cases T-310/01 and T-77/02 Schneider Electric v Commission and, second, two thirds of the loss sustained by Schneider Electric as a result of the reduction in the transfer price of Legrand SA which Schneider Electric had to concede to the transferee in exchange for the postponement of the effective date of sale of Legrand until 10 December 2002 — Conditions governing the establishment of non contractual liability on the part of the Community — Concepts of wrongful act, damage and direct causal link between the wrongful act and the damage suffered — ‘Sufficiently serious’ breach of Community law vitiating the procedure for examination of the compatibility of a concentration with the common market

Operative part of the order







1.


The amount of the loss to be made good in point 3 of the operative part of the judgment of the Court of Justice of the European Communities of 16 July 2009 in Case C-440/07 P Commission v Schneider Electric [2009] ECR I-6413 is fixed at EUR 50 000.










2.


Schneider Electric SA’s claim relating to the costs is dismissed.






(1)  OJ C 22 of 26.01.2008.
Case T-315/09: Order of the General Court of 9 June 2010 — Hoelzer v OHIM (SAFELOAD) (Community trade mark — Application for the figurative Community trade mark SAFELOAD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2010-06-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment, trade-mark law








C_2010209EN.01003802.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/38





Order of the General Court of 9 June 2010 — Hoelzer v OHIM (SAFELOAD)
(Case T-315/09) (1)

(Community trade mark - Application for the figurative Community trade mark SAFELOAD - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
2010/C 209/58
Language of the case: German

Parties


Applicant: Oliver Hoelzer (Remscheid, Germany) (represented by: Rother, J. Vogtmeier, P. Mes, C. Graf von der Groeben, J. Bühling, A. Verhauwen, J. M. Künzel, D. Jestaedt and M. Bergermann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 June (Case R 1157/2008-4), concerning an application for registration of the figurative sign SAFELOAD as a Community trade mark

Operative part of the order

The Court:






1.


Dismisses the application;










2.


Orders Hoelzer to pay the costs.






(1)  OJ C 267 of 7.11.2009
Non-opposition to a notified concentration (Case COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM)  Text with EEA relevance
Date: 2010-06-09
Institutions: European Commission
Subjects: chemical product, economic concentration, exchange of information, fertiliser industry, merger control, pharmaceutical industry








C_2010150EN.01000201.xml










9.6.2010   


EN


Official Journal of the European Union


C 150/2





Non-opposition to a notified concentration
(Case COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM)
(Text with EEA relevance)
2010/C 150/03
On 25 May 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 32010M5856. EUR-Lex is the on-line access to the European law.
Case F-56/09: Judgment of the Civil Service Tribunal (1st Chamber) of 9 June 2010 — Marcuccio v Commission (Staff cases — Officials — Action for damages — Access of the administration to an official’s lodgings — Respect for the home and private life)
Date: 2010-06-09
Institutions: Civil Service Tribunal
Subjects: European Commission, action for failure to fulfil an obligation, damages, housing, indemnification, information processing, servant (EU)








C_2010221EN.01006001.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/60





Judgment of the Civil Service Tribunal (1st Chamber) of 9 June 2010 — Marcuccio v Commission
(Case F-56/09) (1)

(Staff cases - Officials - Action for damages - Access of the administration to an official’s lodgings - Respect for the home and private life)
2010/C 221/95
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, then by G. Cipressa and L. Mansullo, lawyers)

Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s decision to reject the applicant’s application seeking, first, compensation for the harm allegedly suffered because agents of the Commission entered his lodgings in Luanda on 8 April 2002 and, secondly, the provision of copies of the photos taken at that time and the destruction of all documentation connected with that event.

Operative part of the judgment

The Tribunal:






1.


Orders the European Commission to pay Mr Marcuccio EUR 5 000;










2.


Annuls the European Commission’s decision of 11 September 2008, in so far as it rejected Mr Marcuccio’s application of 24 April 2008 that he be sent photographs, that photographs be destroyed and that he be provided with information relating to the destruction of the photographs;










3.


Dismisses the rest of the claims in the application;










4.


Orders the European Commission, in addition to bearing its own costs, to pay one quarter of Mr Marcuccio’s costs;










5.


Orders Mr Marcuccio to pay three quarters of his own costs.






(1)  OJ C 205, 29.8.2009, p. 48.
Case C-510/09: Order of the President of the Court of 9 June 2010 — European Commission v French Republic
Date: 2010-06-09
Institutions: Court of Justice
Subjects: France, action for failure to fulfil an obligation, administrative order, disclosure of information, pharmaceutical product, plant health product, technical regulations, technical standard








C_2010346EN.01003803.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/38





Order of the President of the Court of 9 June 2010 — European Commission v French Republic
(Case C-510/09) (1)

()
2010/C 346/69
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 37, 13.2.2010.
Case T-138/09: Judgment of the General Court of 9 June 2010 — Muñoz Arraiza v OHIM — Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA) (Community trade mark — Opposition proceedings — Application for Community word mark RIOJAVINA — Earlier Community collective figurative mark RIOJA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2010-06-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Spain, action for annulment, fine, trade-mark law








C_2010209EN.01003801.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/38





Judgment of the General Court of 9 June 2010 — Muñoz Arraiza v OHIM — Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA)
(Case T-138/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark RIOJAVINA - Earlier Community collective figurative mark RIOJA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 209/57
Language of the case: Spanish

Parties


Applicant: Félix Muñoz Arraiza (Logroño, Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J.F. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Consejo Regulador de la Denominación de Origen Calificada Rioja (Logroño) (represented by: J.I. Martínez De Torre, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 January 2009 (Case R 721/2008-2) concerning opposition proceedings between the Consejo Regulador de la Denominación de Origen Calificada Rioja and Félix Muñoz Arraiza.

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders Félix Muñoz Arraiza to pay the costs.






(1)  OJ C 153, 4.7.2009.
Commission Regulation (EU) No 499/2010 of 9 June 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-06-09
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit








L_2010142EN.01000301.xml










10.6.2010   


EN


Official Journal of the European Union


L 142/3








            COMMISSION REGULATION (EU) No 499/2010
of 9 June 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 10 June 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 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 


MA 


44,4 




MK 


50,2 




TR 


53,9 




ZZ 


49,5 




0707 00 05 


MA 


37,3 




MK 


41,0 




TR 


92,9 




ZZ 


57,1 




0709 90 70 


MA 


68,1 




TR 


101,9 




ZZ 


85,0 




0805 50 10 


AR 


108,9 




BR 


112,1 




TR 


98,6 




ZA 


103,6 




ZZ 


105,8 




0808 10 80 


AR 


100,1 




BR 


79,2 




CA 


103,3 




CL 


90,8 




CN 


66,0 




IL 


49,0 




NZ 


108,6 




US 


120,1 




UY 


116,3 




ZA 


91,4 




ZZ 


92,5 




0809 10 00 


TN 


380,0 




TR 


185,0 




ZZ 


282,5 




0809 20 95 


TR 


489,4 




US 


586,5 




ZZ 


538,0 






(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 C-286/10: Action brought on 9 June 2010 — European Commission v Portuguese Republic
Date: 2010-06-09
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, cross-border transport, labour law, rail transport








C_2010221EN.01002701.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/27





Action brought on 9 June 2010 — European Commission v Portuguese Republic
(Case C-286/10)
()
2010/C 221/43
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: P. Guerra e Andrade and M. van Beek, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Council Directive 2005/47/EC (1) of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector and, in any event, by failing to communicate such measures to the Commission, the Portuguese Republic has failed to fulfil its obligations under Article 5 of the Directive.










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing the directive expired on 26 July 2008.


(1)  OJ 2005 L 195, p. 15.
Case T-79/10 R: Order of the President of the General Court of 9 June 2010 — COLT Télécommunications France v Commission (Application for interim measures — State aid — Operation of a very-high-speed broadband electronic communications network — Compensation for public service costs — Decision finding that the notified measure does not constitute aid — Application for suspension of operation of a measure — Lack of urgency)
Date: 2010-06-09
Institutions: General Court
Subjects: France, State aid, action for annulment, appeal, control of State aid, data transmission, telecommunications equipment, transmission network








C_2010209EN.01003901.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/39





Order of the President of the General Court of 9 June 2010 — COLT Télécommunications France v Commission
(Case T-79/10 R)
(Application for interim measures - State aid - Operation of a very-high-speed broadband electronic communications network - Compensation for public service costs - Decision finding that the notified measure does not constitute aid - Application for suspension of operation of a measure - Lack of urgency)
2010/C 209/60
Language of the case: French

Parties


Applicant: COLT Télécommunications France SAS (Paris, France) (represented by: M. Debroux, lawyer)

Defendant: Commission (represented by B. Stromsky and C. Urraca Caviedes, acting as Agents)

Re:

Application for suspension of operation of Commission Decision C(2009) 7426 final of 30 September 2009 on a plan to grant compensation for public service costs of EUR 59 million for the establishment and operation of a very-high-speed broadband electronic communications network in the department of Hauts-de-Seine (France).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.