do-me/EUR-LEX huggingface dataset:
Case T-269/10: Action brought on 14 June 2010 — LIS v Commission
Date: 2010-06-14
Institutions: General Court
Subjects: China, action for annulment, anti-dumping legislation, anti-dumping measure, import, lighting equipment, originating product








C_2010234EN.01004202.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/42





Action brought on 14 June 2010 — LIS v Commission
(Case T-269/10)
()
2010/C 234/77
Language of the case: German

Parties


Applicant: LIS GmbH Licht Impex Service (Mettmann, Germany) (represented by: K.-P. Langenkamp, lawyer)

Defendant: European Commission

Form of order sought







—


declare the Commission decision of 12 April 2010 to be void pursuant to Article 264 TFEU;










—


order the Commission to pay the costs necessarily incurred pursuant to Article 87(2) of the Rules of Procedure of the General Court.





Pleas in law and main arguments

The applicant challenges Commission Decision C(2010) 2198 final of 12 April 2010 by which the Commission rejected the applicant’s requests for reimbursement of anti-dumping duties paid in respect of the importation of integrated electronic compact fluorescent lamps originating in the People’s Republic of China.
In support of its claim, the applicant submits that, in applying Article 11(8) of Regulation (EC) No 384/96, (1) the Commission failed to have regard for the purpose and objective of that rule and did not apply principles of logical reasoning.
In this regard, it is submitted, inter alia, that there was never any case of dumping in the specific case, as the production price was below the export price paid and the same product was subsequently offered by a German company at a price which was lower than the original Chinese export price.
The applicant submits, further, that the Commission disregarded the fact that the products in issue are not ordinary energy-saving light bulbs within the meaning of the measure.
The applicant also contends that the classification of the product by the German customs authorities was not, contrary to the Commission’s view, open to criticism, as there is no other classification number under which the product could have been entered.
Moreover, the Commission paid no regard to the fact that there was at no time any danger of damage within the Community in the specific case, as the light products marketed by the applicant were marketed throughout Europe by the applicant alone and there was, for that reason, no other manufacturer in need of protection.
In conclusion, it is submitted that it cannot be relevant, for purposes of entitlement to reimbursement, that the specific dumping margin has not disappeared; rather, what is decisive is that there never was any such dumping margin.


(1)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1).
Commission Regulation (EU) No 509/2010 of 14 June 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-06-14
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit








L_2010149EN.01000901.xml










15.6.2010   


EN


Official Journal of the European Union


L 149/9








            COMMISSION REGULATION (EU) No 509/2010
of 14 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 15 June 2010.




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


34,9 




TR 


65,0 




ZZ 


48,1 




0707 00 05 


MA 


37,3 




MK 


43,1 




TR 


117,0 




ZZ 


65,8 




0709 90 70 


MA 


68,1 




TR 


82,9 




ZZ 


75,5 




0805 50 10 


AR 


93,3 




BR 


112,1 




TR 


102,9 




US 


83,4 




ZA 


108,4 




ZZ 


100,0 




0808 10 80 


AR 


92,0 




BR 


78,2 




CL 


84,8 




CN 


54,0 




NZ 


114,4 




US 


127,7 




UY 


123,8 




ZA 


92,4 




ZZ 


95,9 




0809 10 00 


TN 


380,0 




TR 


182,0 




ZZ 


281,0 




0809 20 95 


SY 


245,9 




TR 


389,9 




US 


576,0 




ZZ 


403,9 




0809 30 


TR 


174,9 




ZZ 


174,9 






(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 C-293/10: Reference for a preliminary ruling from the Landesgericht Innsbruck (Austria) lodged on 14 June 2010 — Gebhard Stark v D.A.S. Österreichische Allgemeine Rechtsschutzversicherung AG
Date: 2010-06-14
Institutions: Court of Justice
Subjects: Austria, access to a profession, application of EU law, insurance contract, insurance occupation, interpretation of the law, right to justice








C_2010274EN.01000202.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/2





Reference for a preliminary ruling from the Landesgericht Innsbruck (Austria) lodged on 14 June 2010 — Gebhard Stark v D.A.S. Österreichische Allgemeine Rechtsschutzversicherung AG
(Case C-293/10)
()
2010/C 274/03
Language of the case: German

Referring court

Landesgericht Innsbruck

Parties to the main proceedings


Applicant: Gebhard Stark

Defendant: D.A.S. Österreichische Allgemeine Rechtsschutzversicherung AG

Question referred

Is Article 4(1) of Directive 87/344/EEC (1) to be interpreted as precluding a provision such as Paragraph 158k(2) of the Versicherungsvertragsgesetz (Law on insurance contracts) and a clause, based on that law, contained in the general conditions of insurance applied by a legal expenses insurer to the effect that it may be stipulated in the insurance contract that the insured person may select to represent him only persons professionally authorised to represent parties who have their chambers at the place of the court or administrative authority before which the proceedings at first instance are to be conducted?


(1)  Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance (OJ 1987, L 185, p. 77).
Case T-165/10: Order of the General Court of 14 July 2010 — Grupo Osborne v OHIM — Confecciones Sanfertús (TORO) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
Date: 2010-06-14
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment, clothing industry, leather, storage, trade-mark law








C_2010246EN.01003601.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/36





Order of the General Court of 14 July 2010 — Grupo Osborne v OHIM — Confecciones Sanfertús (TORO)
(Case T-165/10) (1)

(Community trade mark - Opposition - Withdrawal of opposition - No need to adjudicate)
2010/C 246/61
Language of the case: Spanish

Parties


Applicant: Grupo Osborne, SA (El Puerto de Santa María, Spain) (represented by: J. M. Iglesias Monravá, 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: Confecciones Sanfertús, SL (Graus, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 January 2010 (Case R 638/2009-2), concerning opposition proceedings between Confecciones Sanfertús, SL and Grupo Osborne, SA.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant shall bear the costs.






(1)  OJ C 148, 5.6.2010.