do-me/EUR-LEX huggingface dataset:
Case C-30/08: Action brought on 25 January 2008 — Commission of the European Communities v Italian Republic
Date: 2008-01-25
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, approximation of laws, combustion gases, motor vehicle, national implementing measure, reduction of gas emissions, technical regulations

C 79/22

EN

Official Journal of the European Union

29.3.2008

for

Reference
from the
preliminary
Regeringsrätten (Sweden) lodged on 25 January 2008 —
Skatteverket v AB SKF

ruling

a

(Case C-29/08)

(2008/C 79/37)

Language of the case: Swedish

Referring court

Regeringsrätten

Parties to the main proceedings

Applicant: Skatteverket

Defendant: AB SKF

Questions referred

1. Are Articles 2 and 4 of the Sixth VAT Directive and Articles 2
and 9 of Council Directive 2006/112/EC on the common
system for value added tax to be interpreted as meaning that,
where a taxable person liable for tax on sales of services to a
subsidiary sells the interests in the subsidiary, that transaction
is subject to VAT?

2. If the answer to the first question is that the sale constitutes
is it then covered by the exemption
a taxable transaction,
to
companies
in
from taxation
under Article 13B(d)(5) of
the Sixth VAT Directive and
Article 135(1)(f) of Council Directive on a common system
of value added tax?

interests

relating

Action brought on 25 January 2008 — Commission of the
European Communities v Italian Republic

(Case C-30/08)

(2008/C 79/38)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Zadra, Agent, acting as Agent)

Defendant: Italian Republic

Form of order sought

— declare that, by failing to adopt

the laws,

the laws of

implementing Directive 2005/55/EC of

regulations
and administrative provisions necessary to comply with
Commission Directive 2005/78/EC of 14 November
2005 (1)
the
European Parliament and of the Council on the approxima-
tion of
the Member States relating to the
measures to be taken against the emission of gaseous and
particulate pollutants from compression-ignition engines for
use in vehicles, and the emission of gaseous pollutants from
positive ignition engines fuelled with natural gas or liquefied
petroleum gas
and amending
Annexes I, II, III, IV and VI thereto, and, in any event, by
failing to communicate such provisions to the Commission,
the Italian Republic has failed to fulfil its obligations under
Article 3 of that directive;

in vehicles (2)

for use

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

3. Irrespective of the answer to the above questions, can there
be a right to deduct for expenditure directly attributable to
the sale, in the same way as there is for general expenses?

The period for transposition of Directive 2005/78/EC expired
on 8 November 2006.

4 Is it of significance for the answers to the above questions if

the sale of interests in a subsidiary takes place in stages?

(1) OJ L 313 of 29.11.2005, p. 1.
(2) OJ L 275 of 20.10.2005, p. 1.
Corrigendum to Commission Directive 2007/53/EC of 29 August 2007 amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto ( OJ L 226, 30.8.2007 )
Date: 2008-01-25
Institutions: European Commission
Subjects: chemical product, consumer information, consumer protection, cosmetic product, product safety, technological change

25.1.2008

EN

Official Journal of the European Union

L 22/21

CORRIGENDA

Corrigendum to Commission Directive 2007/53/EC of 29 August 2007 amending Council Directive 76/768/EEC
concerning cosmetic products for the purposes of adapting Annex III thereto

(Official Journal of the European Union L 226 of 30 August 2007)

On page 19, Article 2(1), should read as follows:

‘1. Member States shall adopted and publish, by 19 June 2008 at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of
those provisions together with a correlation table of those provisions and this Directive.

They shall apply those provisions from 19 March 2009.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall determine how such reference is to be made.’

Corrigendum to Commission Directive 2008/4/EC of 9 January 2008 amending Directive 94/39/EC as regards
feedingstuffs intended for the reduction of the risk of milk fever (Text with EEA relevance)

(Official Journal of the European Union L 6 of 10 January 2008)

On page 4, Article 2 should read as follows:
‘Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this
Directive by 30 July 2008 at the latest.

They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall determine how such reference is to be made.’
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 2204/2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (Text with EEA relevance)
Date: 2008-01-25
Institutions: European Commission
Subjects: Hungary, Spain, State aid, control of State aid, employment aid, job creation, worker with disabilities

25.1.2008

EN

Official Journal of the European Union

C 19/17

Information communicated by Member States regarding State aid granted under Commission
Regulation (EC) No 2204/2002 on the application of Articles 87 and 88 of the EC Treaty to State
aid for employment

Aid No

Member State

Region

Title of aid scheme

Legal basis

(Text with EEA relevance)

(2008/C 19/08)

XE 30/07

Spain

Cataluña

Programa de incentivos para la creación de ocupación ligada a proyectos de
nueva inversión empresarial considerados estratégicos para la economía catalana

Resolución IUE/1254/2007, de 17 de abril, por la que se aprueban las bases
reguladoras del programa de incentivos para la creación de ocupación vinculada
a proyectos de inversión empresarial considerados estratégicos para la economía
catalana y se abre la convocatoria para el año 2007 (DOGC núm. 4876 de
4.5.2007)

Budget

Annual budget: EUR 3 million

Overall budget: —

Maximum aid intensity

In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation

Date of implementation

5.5.2007

Duration

Objective

30.6.2008

Art. 4: Creation of employment

Economic sectors

All Community sectors (1) eligible for employment aid

Name and address of
authority

the granting

Centro de Innovación y Desarrollo Empresarial (CIDEM)
Paseo de Grácia, 129
Tel. (34) 934 767 200
E-08008 Barcelona
cidem@cidem.gencat.net

(1) With the exception of the shipbuilding sector and other sectors subject to special rules in regulations and directives governing all State

aid within the sector.

Aid No

Member State

Region

XE 31/07

Hungary

Az őszes régió

Title of aid scheme

Foglalkoztatási támogatás az EGT és Norvég Finanszírozási Mechanizmusból

Legal basis

242/2006 Korm. rendelet 92/N-92/O. §

201/2005 Korm rendelet

Budget

Annual budget: HUF 335,4 million

Overall budget: —

Maximum aid intensity

In conformity with Articles 4(2)-(5), 5 and 6 of the Regulation

C 19/18

EN

Official Journal of the European Union

25.1.2008

Date of implementation

Duration

Objective

15.10.2007

30.4.2011

Art. 4: Creation of employment; Art. 5: Recruitment of disadvantaged and
disabled workers; Art. 6: Employment of disabled workers

Economic sectors

All Community sectors (1) eligible for employment aid

Name and address of
authority

the granting

Nemzeti Fejlesztési Ügynökség
Pozsonyi út 56
H-1133 Budapest

(1) With the exception of the shipbuilding sector and other sectors subject to special rules in regulations and directives governing all State

aid within the sector.
Case C-31/08: Action brought on 25 January 2008 — Commission of the European Communities v Italian Republic
Date: 2008-01-25
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, engine, motor vehicle, national implementing measure, pollution control measures, reduction of gas emissions, technical regulations

29.3.2008

EN

Official Journal of the European Union

C 79/23

Action brought on 25 January 2008 — Commission of the
European Communities v Italian Republic

(Case C-31/08)

(2008/C 79/39)

Language of the case: Italian

Order of the President of the Court of 21 January 2008 —
the European Communities v Federal
Commission of
Republic of Germany

(Case C-496/06) (1)

(2008/C 79/41)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Zadra, acting as Agent)

The President of
removed from the register.

the Court has ordered that

the case be

Defendant: Italian Republic

Form of order sought

(1) OJ C 326, 30.12.2006.

— declare that, by failing to adopt

the laws,

regulations
and administrative provisions necessary to comply with
Commission Directive 2006/51/EC of 6 June 2006 (1)
amending for the purposes of adapting to technical progress
Annex I to Directive 2005/55/EC of the European Parliament
and of the Council (2) and Annexes IV and V to Directive
2005/78/EC (3) as regards requirements for the emission
control monitoring system for use in vehicles and exemp-
tions for gas engines and, in any event, by failing to commu-
nicate such provisions
the Italian
Republic has failed to fulfil its obligations under Article 3 of
that directive;

to the Commission,

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2006/51/EC expired
on 8 November 2006.

(1) OJ L 152 of 7.6.2006, p. 11.
(2) OJ L 275 of 20.10.2005, p. 1.
(3) OJ L 313 of 29.11.2005, p. 1.

Order of the President of the Eighth Chamber of the Court
of 20 December 2007 — Commission of the European
Communities v Ireland

(Case C-65/07) (1)

(2008/C 79/42)

Language of the case: English

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

(1) OJ C 69, 24.3.2007.

Order of
21 January 2008 — Commission of

the President of

the Court of

the Court of
the European

Order of the President of the Court of 24 January 2008 —
the European Communities v Federal
Commission of
Republic of Germany

Communities v Federal Republic of Germany

(Case C-307/06) (1)

(2008/C 79/40)

Language of the case: German

(Case C-192/07) (1)

(2008/C 79/43)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 224, 16.9.2006.

(1) OJ C 117, 26.5.2007.
Euro exchange rates
Date: 2008-01-25
Institutions: European Commission
Subjects: euro, exchange rate

25.1.2008

EN

Official Journal of the European Union

C 19/3

COMMISSION

Euro exchange rates (1)

24 January 2008

(2008/C 19/03)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

SKK

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Slovak koruna

KRW South Korean won

1 392,55

1,4663

TRY

Turkish lira

156,3

AUD Australian dollar

7,4527

0,74685

9,486

1,598

96,62

8,036

1,9558

25,974

15,6466

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

257,52

MYR Malaysian ringgit

3,4528

0,6978

3,6165

3,7576

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

33,525

MXN Mexican peso

1,7525

1,6763

1,4893

11,447

1,9065

2,0969

10,3191

10,5996

7,2675

13 748,76

4,7985

60,309

36

45,9

2,6339

15,9973

(1) Source:

reference exchange rate published by the ECB.
Winding-up proceedings — Decision to open winding-up proceedings concerning Hullberry Insurance Company Onderlinge Waarborgmaatschappij U.A. (mutual association) (Public disclosure pursuant to Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
Date: 2008-01-25
Institutions: European Commission
Subjects: Netherlands, insurance company, judicial proceedings, liquidation

25.1.2008

EN

Official Journal of the European Union

C 19/13

NOTICES FROM MEMBER STATES

Winding-up proceedings

Decision to open winding-up proceedings concerning Hullberry Insurance Company Onderlinge
Waarborgmaatschappij U.A. (mutual association)

(Public disclosure pursuant to Article 14 of Directive 2001/17/EC of the European Parliament and of the Council on
the reorganisation and winding-up of insurance undertakings)

Insurance company

Date, entry into force and nature of
the decision

Responsible authorities

Supervisory authority

Receiver

(2008/C 19/06)

Hullberry Insurance Company Onderlinge Waarborgmaatschappij U.A., having
its registered office in Amsterdam
Keizersgracht 62
1015 CS Amsterdam
Nederland

The District Court of Amsterdam, by decision of 31 August 2007 regarding
Hullberry Insurance Company Onderlinge Waarborgmaatschappij U.A. (herein-
after ‘Hullberry’), having its registered office in Amsterdam, launched an interim
procedure within the meaning of Article 3(161) et seq. of the Law on financial
supervision (hereinafter ‘Lfs’). The interim procedure, which is provisionally
enforceable, was initiated by the District Court of Amsterdam at the request of
the supervisor, De Nederlandsche Bank N.V., because the interests of the collec-
tive creditors in winding-up Hullberry property insurance company require
special arrangements. The District Court of Amsterdam appointed Mr A.A.M.
Spliet, Postbus 236, 7200 AE Zutphen, Nederland, as administrator. Pursuant to
Article 3(163)(1), introductory paragraph and (c) of the Lfs, the administrator is
authorised to transfer, fully or partly, Hullberry's commitments stemming from
insurance agreements as well as to liquidate, fully or partly, Hullberry's portfolio.
The interim procedure will last 18 months. Mr R.H.C. Jongeneel, member of the
District Court of Amsterdam, is appointed as delegated judge

Appeal against the decision by the District Court of Amsterdam may initially be
lodged by Monday 10 September 2007 before the District Court of Amsterdam,
Parnassusweg 220, 1076 AV Amsterdam, Nederland, and subsequently before
the Regional Court of Appeal, Amsterdam, Prinsengracht 436, 1017 KE
Amsterdam, Nederland, indicating the subject of the decision and the legal basis

De Nederlandsche Bank N.V.
Postbus 929
7301 BD Apeldoorn
Nederland

Mr A.A.M. Spliet, administrator
Postbus 236
7200 AE Zutphen
Nederland

Applicable law

The interim procedure is subject to Netherlands law.

The interim procedure falls under Article 3(161) et seq. of the Law on financial
supervision
Corrigendum to Commission Directive 2008/4/EC of 9 January 2008 amending Directive 94/39/EC as regards feedingstuffs intended for the reduction of the risk of milk fever (Text with EEA relevance) ( OJ L 6, 10.1.2008 )
Date: 2008-01-25
Institutions: European Commission
Subjects: animal disease, animal health, animal nutrition, consumer information, labelling, public health

25.1.2008

EN

Official Journal of the European Union

L 22/21

CORRIGENDA

Corrigendum to Commission Directive 2007/53/EC of 29 August 2007 amending Council Directive 76/768/EEC
concerning cosmetic products for the purposes of adapting Annex III thereto

(Official Journal of the European Union L 226 of 30 August 2007)

On page 19, Article 2(1), should read as follows:

‘1. Member States shall adopted and publish, by 19 June 2008 at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of
those provisions together with a correlation table of those provisions and this Directive.

They shall apply those provisions from 19 March 2009.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall determine how such reference is to be made.’

Corrigendum to Commission Directive 2008/4/EC of 9 January 2008 amending Directive 94/39/EC as regards
feedingstuffs intended for the reduction of the risk of milk fever (Text with EEA relevance)

(Official Journal of the European Union L 6 of 10 January 2008)

On page 4, Article 2 should read as follows:
‘Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this
Directive by 30 July 2008 at the latest.

They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall determine how such reference is to be made.’
Commission Regulation (EC) No 62/2008 of 24 January 2008 on the issuing of export licences for wine-sector products
Date: 2008-01-25
Institutions: European Commission
Subjects: export licence, export refund, viticulture

L 22/10

EN

Official Journal of the European Union

25.1.2008

COMMISSION REGULATION (EC) No 62/2008

of 24 January 2008

on the issuing of export licences for wine-sector products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 883/2001 of
24 April 2001,
laying down detailed rules for implementing
Council Regulation (EC) No 1493/1999 as regards trade with
third countries in products in the wine sector (1), and in
particular Article 7 and Article 9(3) thereof,

Whereas:

(1)

(2)

Article 63(7) of Council Regulation (EC) No 1493/1999
of 17 May 1999 on the common organisation of the
market in wine (2), limits the grant of export refunds for
wine-sector products to the volumes and expenditure
contained in the Agreement on Agriculture concluded
during the Uruguay Round multilateral
trade nego-
tiations.

Article 9 of Regulation (EC) No 883/2001 lays down the
conditions under which the Commission may take
specific measures to prevent an overrun of the quantity
the said
laid down or
Agreement.

the budget available under

for destination zones

2008, the quantity still available for the period until
15 March 2008,
(1) Africa,
referred to in Article 9(5) of Regulation (EC) No
883/2001, could be exceeded unless the issue of export
licences with advance fixing of the refund is restricted.
Therefore, a single percentage for the acceptance of appli-
cations submitted from 16 to 22 January 2008 should
be applied and the submission of applications and the
issue of licences suspended for this zone until 16 March
2008,

HAS ADOPTED THIS REGULATION:

Article 1

Export

licences with advance fixing of

1.
the refund for
for which applications are submitted
wine-sector products
from 16 to 22 January 2008 under Regulation (EC) No
883/2001 shall be issued in concurrence with 73,49 % of the
quantities requested for zone (1) Africa.

The issue of export

2.
for wine-sector products
licences
referred to in paragraph 1 for which applications are submitted
from 23 January 2008 and the submission of export licence
applications from 25 January 2008 for destination zone (1)
Africa shall be suspended until 16 March 2008.

(3)

On the basis of
information on export licence appli-
cations available to the Commission on 23 January

This Regulation shall enter into force on 25 January 2008.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 January 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 128, 10.5.2001, p. 1. Regulation as

last amended by
Regulation (EC) No 1211/2007 (OJ L 274, 18.10.2007, p. 5).
last amended by
Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

(2) OJ L 179, 14.7.1999, p. 1. Regulation as
Case C-29/08: Reference for a preliminary ruling from the Regeringsrätten (Sweden) lodged on 25 January 2008 — Skatteverket v AB SKF
Date: 2008-01-25
Institutions: Court of Justice
Subjects: interpretation of the law, provision of services, share, subsidiary, tax exemption

C 79/22

EN

Official Journal of the European Union

29.3.2008

for

Reference
from the
preliminary
Regeringsrätten (Sweden) lodged on 25 January 2008 —
Skatteverket v AB SKF

ruling

a

(Case C-29/08)

(2008/C 79/37)

Language of the case: Swedish

Referring court

Regeringsrätten

Parties to the main proceedings

Applicant: Skatteverket

Defendant: AB SKF

Questions referred

1. Are Articles 2 and 4 of the Sixth VAT Directive and Articles 2
and 9 of Council Directive 2006/112/EC on the common
system for value added tax to be interpreted as meaning that,
where a taxable person liable for tax on sales of services to a
subsidiary sells the interests in the subsidiary, that transaction
is subject to VAT?

2. If the answer to the first question is that the sale constitutes
is it then covered by the exemption
a taxable transaction,
to
companies
in
from taxation
under Article 13B(d)(5) of
the Sixth VAT Directive and
Article 135(1)(f) of Council Directive on a common system
of value added tax?

interests

relating

Action brought on 25 January 2008 — Commission of the
European Communities v Italian Republic

(Case C-30/08)

(2008/C 79/38)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Zadra, Agent, acting as Agent)

Defendant: Italian Republic

Form of order sought

— declare that, by failing to adopt

the laws,

the laws of

implementing Directive 2005/55/EC of

regulations
and administrative provisions necessary to comply with
Commission Directive 2005/78/EC of 14 November
2005 (1)
the
European Parliament and of the Council on the approxima-
tion of
the Member States relating to the
measures to be taken against the emission of gaseous and
particulate pollutants from compression-ignition engines for
use in vehicles, and the emission of gaseous pollutants from
positive ignition engines fuelled with natural gas or liquefied
petroleum gas
and amending
Annexes I, II, III, IV and VI thereto, and, in any event, by
failing to communicate such provisions to the Commission,
the Italian Republic has failed to fulfil its obligations under
Article 3 of that directive;

in vehicles (2)

for use

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

3. Irrespective of the answer to the above questions, can there
be a right to deduct for expenditure directly attributable to
the sale, in the same way as there is for general expenses?

The period for transposition of Directive 2005/78/EC expired
on 8 November 2006.

4 Is it of significance for the answers to the above questions if

the sale of interests in a subsidiary takes place in stages?

(1) OJ L 313 of 29.11.2005, p. 1.
(2) OJ L 275 of 20.10.2005, p. 1.