do-me/EUR-LEX huggingface dataset:
Case C-573/08: Judgment of the Court (Third Chamber) of 15 July 2010 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 79/409/EEC — Conservation of wild birds — Measures transposing the directive)
Date: 2010-07-15
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, bird, carriage of goods, egg, environmental protection, hunting








C_2010246EN.01000301.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/3





Judgment of the Court (Third Chamber) of 15 July 2010 — European Commission v Italian Republic
(Case C-573/08) (1)

(Failure of a Member State to fulfil obligations - Directive 79/409/EEC - Conservation of wild birds - Measures transposing the directive)
2010/C 246/03
Language of the case: Italian

Parties


Applicant: European Commission (represented by: D. Recchia, Agent)

Defendant: Italian Republic (represented by: G. Palmieri and G. Fiengo, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3, 4, 5, 6, 7, 9, 10, 11, 13 and 18 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Incorrect transposition — Derogations — Requirements

Operative part of the judgment

The Court:






1.


Declares that by failing to transpose Council Directive 79/409/EEC of 2 April 1979, on the conservation of wild birds, into Italian law in a manner which is wholly in compliance with that directive, and by failing to transpose Article 9 of that directive in a manner which ensures that the derogations adopted by the competent Italian authorities comply with the conditions and requirements referred to in that article, the Italian Republic has failed to fulfil its obligations under Articles 2 to 7, 9 to 11, 13 and 18 of the directive;










2.


orders the Italian Republic to bear the costs, including those linked to the interlocutory proceedings.






(1)  OJ C 55, 7.3.2009.
Communication pursuant to Article 13(2) of Regulation (EC) No 885/2006 concerning the appointment of a member, the renewal of the term of office of a current member and the appointment of substitute members of the Conciliation Body instituted in the context of the clearance of the accounts of the EAGF and the EAFRD
Date: 2010-07-15
Institutions: European Commission
Subjects: EAGGF Guarantee Section, appeal to an administrative authority, appointment of staff, closing of accounts








C_2010191EN.01000501.xml










15.7.2010   


EN


Official Journal of the European Union


C 191/5





Communication pursuant to Article 13(2) of Regulation (EC) No 885/2006 concerning the appointment of a member, the renewal of the term of office of a current member and the appointment of substitute members of the Conciliation Body instituted in the context of the clearance of the accounts of the EAGF and the EAFRD
2010/C 191/04






1.


The Commission has appointed Mr Gert LINDEMANN (DE) as a member for the period 1 August 2010 to 31 July 2013.










2.


The Commission has renewed the term of office Mr Peter BAUMANN (DA) for the period 1 August 2010 to 31 July 2011.










3.


The Commission has appointed Mr Denis BYRNE (IE), Mr Helder BICHO (PT) and Mr Robert BURIAN (AU) as substitute members for the period 1 August 2010 to 31 July 2013.
Commission Regulation (EU) No 628/2010 of 15 July 2010 concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EU) No 462/2010
Date: 2010-07-15
Institutions: European Commission
Subjects: Spain, award of contract, import, maize, originating product, tariff reduction, third country








L_2010182EN.01001401.xml










16.7.2010   


EN


Official Journal of the European Union


L 182/14








            COMMISSION REGULATION (EU) No 628/2010
of 15 July 2010
         
concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EU) No 462/2010


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 Spain from third countries was opened by Commission Regulation (EU) No 462/2010 (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 with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to make no award.












(3)


On the basis of the criteria laid down in Articles 7 and 8 of Regulation (EC) No 1296/2008 a maximum reduction in the duty should not be fixed.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
No award shall be made for the tenders lodged from 25 June to 15 July 2010 under the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EU) No 462/2010.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 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 129, 28.5.2010, p. 58.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Case C-70/09: Judgment of the Court (Third Chamber) of 15 July 2010 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Alexander Hengartner, Rudolf Gasser v Landesregierung Vorarlberg (Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Lease of hunting ground — Regional tax — Concept of economic activity — Principle of equal treatment)
Date: 2010-07-15
Institutions: Court of Justice
Subjects: Austria, game animal, hunting, interpretation of the law, market approval, self-employment








C_2010246EN.01000502.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/5





Judgment of the Court (Third Chamber) of 15 July 2010 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Alexander Hengartner, Rudolf Gasser v Landesregierung Vorarlberg
(Case C-70/09) (1)

(Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Lease of hunting ground - Regional tax - Concept of economic activity - Principle of equal treatment)
2010/C 246/08
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicants: Alexander Hengartner, Rudolf Gasser

Defendant: Landesregierung Vorarlberg

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof (Austria) — Interpretation of Article 43 EC — Concept of economic activity — Hunting for sport and without a profit motive — Sale of game to cover part of the hunting costs — No profit

Operative part of the judgment

The provisions of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed in Luxembourg on 21 June 1999, do not preclude a national of one of the contracting parties from being subjected in the territory of the other contracting party, as a recipient of services, to different treatment from that reserved to persons whose principal residence is in that territory, citizens of the Union, and persons who are equated to those citizens under European Union law, with respect to the charging of a tax payable for the provision of services such as the making available of a right to hunt.


(1)  OJ C 102, 01.05.2009.
Case C-256/09: Judgment of the Court (Second Chamber) of 15 July 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bianca Purrucker v Guillermo Vallés Pérez (Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Provisional, including protective, measures — Recognition and enforcement)
Date: 2010-07-15
Institutions: Court of Justice
Subjects: EU Member State, Germany, application of EU law, interpretation of the law, matrimonial law, national implementing measure, parental responsibility








C_2010246EN.01001001.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/10





Judgment of the Court (Second Chamber) of 15 July 2010 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Bianca Purrucker v Guillermo Vallés Pérez
(Case C-256/09) (1)

(Judicial cooperation in civil matters - Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility - Regulation (EC) No 2201/2003 - Provisional, including protective, measures - Recognition and enforcement)
2010/C 246/16
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Bianca Purrucker

Defendant: Guillermo Vallés Pérez

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Chapter 3 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ 2003 L 338, p. 1) — Application of the recognition and enforcement rules in that regulation to a provisional measure awarding custody of a child to its father and ordering the return of the child, retained by its mother in another Member State, to its father

Operative part of the judgment

The provisions laid down in Article 21 et seq. of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, do not apply to provisional measures, relating to rights of custody, falling within the scope of Article 20 of that regulation.


(1)  OJ C 220, 12.9.2009.
Case T-302/10: Action brought on 15 July 2010 — Crocs v OHIM — Holey Soles and Partenaire Hospitalier International (Representation of footwear)
Date: 2010-07-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment








C_2010260EN.01001901.xml










25.9.2010   


EN


Official Journal of the European Union


C 260/19





Action brought on 15 July 2010 — Crocs v OHIM — Holey Soles and Partenaire Hospitalier International (Representation of footwear)
(Case T-302/10)
()
2010/C 260/26
Language in which the application was lodged: English

Parties


Applicant: Crocs, Inc. (Delaware, USA) (represented by: I. R. Craig, Solicitor)

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

Other parties to the proceedings before the Board of Appeal: Holey Soles Holdings Ltd (Vancouver, Canada) and Partenaire Hospitalier International (La Haie Foissière, France)

Form of order sought







—


Annul the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 March 2010 in case R 9/2008-3;










—


Order the defendant to bear the costs of the proceedings.





Pleas in law and main arguments


Registered Community design subject of the application for a declaration of invalidity: No 257001-0001 (footwear)

Proprietor of the Community design cited in the invalidity proceedings: The applicant

Party requesting the declaration of invalidity of the Community design: The other parties to the proceedings before the Board of Appeal

Decision of the Cancellation Division: Declared the Community design invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant claims that the contested decision infringes Articles 7(1) and 6(1) of Council Regulation (EC) No 6/2002, as the Board of Appeal wrongly applied the provisions of these articles and was led to incorrect conclusions in relation to the novelty, the individual character and the technical function of the Community design.
Commission Regulation (EU) No 623/2010 of 15 July 2010 entering a name in the register of protected designations of origin and protected geographical indications (Farro di Monteleone di Spoleto (PDO))
Date: 2010-07-15
Institutions: European Commission
Subjects: Italy, cereals, designation of origin, location of production, product designation, seed








L_2010182EN.01000301.xml










16.7.2010   


EN


Official Journal of the European Union


L 182/3








            COMMISSION REGULATION (EU) No 623/2010
of 15 July 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Farro di Monteleone di Spoleto (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 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Farro di Monteleone di Spoleto’ 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, 15 July 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 271, 12.11.2009, p. 24.




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

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

ITALY
Farro di Monteleone di Spoleto (PDO)
Case F-45/09: Judgment of the Civil Service Tribunal (Second Chamber) of 15 June 2010 — Lebedef-Caponi v Commission (Staff case — Officials — Appraisal — Career development review — 2007 appraisal procedure — Action for annulment — Manifest error of assessment — Staff representatives — Opinion of ad hoc group)
Date: 2010-07-15
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), limitation of legal proceedings, professional career, report








C_2010209EN.01005302.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/53





Judgment of the Civil Service Tribunal (Second Chamber) of 15 June 2010 — Lebedef-Caponi v Commission
(Case F-45/09) (1)

(Staff case - Officials - Appraisal - Career development review - 2007 appraisal procedure - Action for annulment - Manifest error of assessment - Staff representatives - Opinion of ad hoc group)
2010/C 209/82
Language of the case: French

Parties


Applicant: Lebedef-Caponi (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

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

Re:

Annulment of the applicant’s career development report for 2007.

Operative part of the judgment

The Tribunal:






1.


dismisses the action;










2.


orders the applicant to pay the costs.






(1)  OJ C 153 of 04.07.2009, p. 51.