do-me/EUR-LEX huggingface dataset:
Case C-533/09: Action brought on 18 December 2009 — European Commission v Portuguese Republic
Date: 2009-12-18
Institutions: Court of Justice
Subjects: Portugal, access to a profession, action for failure to fulfil an obligation, nationality, notary, public administration








C_2010051EN.01002301.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/23





Action brought on 18 December 2009 — European Commission v Portuguese Republic
(Case C-533/09)
2010/C 51/37
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: H. Støvlbæk and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by requiring Portuguese nationality as a condition of access to the notarial profession, in accordance with the decision of the Ministry of Justice of 12 December 1991 which endorsed the opinion of the Conselho Consultivo da Procuradoria-Geral da República (the Consultative Council of the Attorney General’s Office) on Article 15 of the Portuguese Constitution, the Portuguese Republic has failed to fulfil its obligations under Article 49 TFEU, since the requirement laid down in Article 51 TFUE has not been satisfied.










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

In Portugal, the interests pursued by a notary are not State interests, a notary is not directly and specifically involved in the exercise of official authority, and does not form part of public administration. The exception provided for in Article 51 of the Treaty on the Functioning of the European Union is not applicable to the notarial profession in Portugal. The consultative opinion of the Attorney General’s Office endorsed on 12 December 1991 does not state that the profession of notary falls within the scope of Article 15(2) of the Portuguese Constitution. The functions of a notary in Portugal are exclusively technical in nature. They are based on professional competence, and not on political trust.
Case C-542/09: Action brought on 18 December 2009 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2009-12-18
Institutions: Court of Justice
Subjects: United Kingdom, action for failure to fulfil an obligation, education grant, migrant worker, residence, terms for aid








C_2010063EN.01003101.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/31





Action brought on 18 December 2009 — Commission of the European Communities v Kingdom of the Netherlands
(Case C-542/09)
2010/C 63/50
Language of the case: Dutch

Parties


Applicant: Commission of the European Communities (represented by: G. Rozet and M. van Beek, acting as Agents)

Defendant: Kingdom of the Netherlands

Form of order sought







—


Declare that, by requiring that migrant workers and family members for whom they still provide must fulfil a residence requirement (the ‘3 out of 6 rule’) in order to be eligible under the WSF (1) for the funding of educational studies abroad, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 45 TFEU and Article 7(2) of Regulation (EEC) No 1612/68; (2)











—


order Kingdom of the Netherlands to pay the costs.





Pleas in law and main arguments

As the Netherlands has still not adopted all the measures necessary to put an end to the residence requirement (the ‘3 out of 6 rule’), which migrant workers and family members for whom they still provide must fulfil in order to be eligible under the WSF for the funding of educational studies abroad, the Commission draws the conclusion that the Netherlands has failed to fulfil its obligations under Article 45 TFEU and Regulation No 1612/68.


(1)  Wet Studiefinanciering 2000 (Law on funding for studies).

(2)  Council Regulation of 15 October 1968 on freedom of movement for workers within the Community (OJ L 257, p. 2).
Case C-530/09: Reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Poznaniu (Republic of Poland) lodged on 18 December 2009 — Inter-Mark Group Sp. z o.o., Sp. komandytowa v Minister Finansów
Date: 2009-12-18
Institutions: Court of Justice
Subjects: VAT, advertising, consumer information, interpretation of the law, provision of services, tax harmonisation, tax system, trade event








C_2010063EN.01002701.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/27





Reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Poznaniu (Republic of Poland) lodged on 18 December 2009 — Inter-Mark Group Sp. z o.o., Sp. komandytowa v Minister Finansów
(Case C-530/09)
2010/C 63/45
Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny w Poznaniu

Parties to the main proceedings


Applicant: Inter-Mark Group Sp. z o.o., Sp. komandytowa

Defendant: Minister Finansów

Questions referred







(a)


Are the provisions of Article 52(a) of Council Directive 2006/112/EC (1) to be interpreted as meaning that services consisting in the temporary provision of exhibition and fair stands to clients presenting their goods and services at fairs and exhibitions must be classified as services ancillary to fair and exhibition services referred to in those provisions, that is to say services similar to cultural, artistic, sporting, scientific, educational and entertainment activities, which are taxed at the place where they are physically carried out,










(b)


or should it be accepted that they are advertising services taxed at the place where the customer has established his business on a permanent basis or has a fixed establishment for which the service is supplied, or, in the absence of such a place, the place where he has his permanent address or usually resides, in accordance with Article 56(1)(b) of Directive 2006/112,






—


on the basis that those services concern the temporary provision of stands to clients presenting their goods and services at fairs and exhibitions which is normally preceded by the drawing up of a design and visualisation of the stand and, possibly, transportation of parts of the stand and its assembly at the place where the fair or exhibition is organised, and the service supplier’s clients exhibiting their goods or services pay separately to the organiser of the relevant event fees for the very possibility of participating in the fair or exhibition which cover utility, fair infrastructure and media service costs and so forth,
each exhibitor is separately responsible for fitting out and constructing his own stand and in that respect uses the services at issue which require interpretation,
organisers charge visitors individually fees for entrance to their fair or exhibition which accrue to the organiser of the event and not to the supplier of the service?










(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Euro exchange rates
Date: 2009-12-18
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate








C_2009308EN.01000401.xml










18.12.2009   


EN


Official Journal of the European Union


C 308/4





Euro exchange rates (1)

17 December 2009
2009/C 308/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4343




JPY


Japanese yen


129,27




DKK


Danish krone


7,4415




GBP


Pound sterling


0,88995




SEK


Swedish krona


10,4380




CHF


Swiss franc


1,5053




ISK


Iceland króna


 




NOK


Norwegian krone


8,4050




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,105




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


278,07




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7068




PLN


Polish zloty


4,2028




RON


Romanian leu


4,2195




TRY


Turkish lira


2,1791




AUD


Australian dollar


1,6195




CAD


Canadian dollar


1,5389




HKD


Hong Kong dollar


11,1261




NZD


New Zealand dollar


2,0194




SGD


Singapore dollar


2,0126




KRW


South Korean won


1 688,18




ZAR


South African rand


10,8197




CNY


Chinese yuan renminbi


9,7943




HRK


Croatian kuna


7,2889




IDR


Indonesian rupiah


13 643,99




MYR


Malaysian ringgit


4,9304




PHP


Philippine peso


66,852




RUB


Russian rouble


44,1910




THB


Thai baht


47,655




BRL


Brazilian real


2,5438




MXN


Mexican peso


18,3985




INR


Indian rupee


67,2490






(1)  Source: reference exchange rate published by the ECB.
Joined Cases T-440/03, T-121/04, T-171/04, T-208/04, T-365/04 and T-484/04 (Non-contractual liability — Customs Union — Action for failure of a Member State to fulfil obligations — Reasoned Opinion — Abolition in French legislation of the monopoly of the profession of ship brokers — Sufficiently serious breach — Causal link: Judgment of the General Court of 18 December 2009 — Arizmendi and Others v Council and Commission
Date: 2009-12-18
Institutions: General Court
Subjects: Council of the European Union, European Commission, France, action for failure to fulfil an obligation, broker, customs regulations, maritime transport








C_2010037EN.01003201.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/32





Judgment of the General Court of 18 December 2009 — Arizmendi and Others v Council and Commission
(Joined Cases T-440/03, T-121/04, T-171/04, T-208/04, T-365/04 and T-484/04 (1))
(Non-contractual liability - Customs Union - Action for failure of a Member State to fulfil obligations - Reasoned Opinion - Abolition in French legislation of the monopoly of the profession of ship brokers - Sufficiently serious breach - Causal link)
2010/C 37/40
Language of the case: French

Parties


Applicants: Jean Arizmendi (Bayonne, France) and the 60 other applicants whose names appear in the annex to the judgment (represented in Case T-440/03 by: J.-F. Péricaud, P. Péricaud and M. Tournois and, in Cases T-121/04, T-171/04, T-208/04, T-365/04 and T-484/04, by J.-F. Péricaud and M. Tournois, lawyers)

Defendants: Council of the European Union (represented initially by J.-P. Jacqué and M. Giorgi Fort, then by F. Florindo Gijón and M. Balta, Agents); and the European Commission (represented by: X. Lewis and, in Case T-121/04, by X. Lewis and B. Stromsky, Agents)

Intervener in support of the applicants in Case T-440/03: Chambre nationale des courtiers maritimes de France (National Chamber of French ship brokers), Paris, France (represented by: J.-F. Péricaud, lawyer)

Re:

Action for damages, brought under Article 235 EC and Article 288 EC, second paragraph, seeking compensation from the Community for the damage caused by the abolition of the monopoly of the French profession of ship brokers.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Mr Jean Arizmendi and the 60 other applicants whose names appear in the annex to bear their own costs and those of the Council of the European Union and the European Commission;










3.


Orders the Chambre nationale des courtiers maritimes de France to bear its own costs;










4.


Orders the Council and the Commission to bear their own costs incurred by the intervention of the Chambre nationale des courtiers maritimes de France.






(1)  OJ C 59, 6.3.2004.
Case T-422/03: Order of the General Court of 18 December 2009 — Enviro Tech Europe and Enviro Tech International v Commission
Date: 2009-12-18
Institutions: General Court
Subjects: European Commission, action for annulment (EU), chemical product, dangerous substance








C_2010037EN.01004801.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/48





Order of the General Court of 18 December 2009 — Enviro Tech Europe and Enviro Tech International v Commission
(Case T-422/03) (1)

2010/C 37/69

Language of the case: English

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


(1)  OJ C 47, 21.2.2004.
Case C-534/09: Action brought on 18 December 2009 — European Commission v Hellenic Republic
Date: 2009-12-18
Institutions: Court of Justice
Subjects: EU environmental policy, Greece, action for failure to fulfil an obligation, chemical pollution, environmental protection, environmental standard, industrial policy, infringement of EU law, pollution control measures








C_2010037EN.01003001.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/30





Action brought on 18 December 2009 — European Commission v Hellenic Republic
(Case C-534/09)
2010/C 37/37
Language of the case: Greek

Parties


Applicant: European Commission (represented by: M Patakia and A. Alcover San Pedro)

Defendant: Hellenic Republic

Form of order sought







—


declare that, by failing to take the necessary measures to ensure that the competent national authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that existing installations operate in accordance with the requirements of Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) not later than 30 October 2007, without prejudice to specific Community legislation, the Hellenic Republic has failed to fulfil its obligations under Article 5(1) of Directive 2008/1/EC (1) of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control;










—


order the Hellenic Republic to pay the costs.





Pleas in law and main arguments

It follows from Article 5(1), in conjunction with Article 2(4), of Directive 2008/1 (‘the IPPC Directive’) that the Member States are obliged to ensure that their competent authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that existing installations operate in accordance with the requirements of the directive not later than 30 October 2007.
According to the response of the Greek authorities to the Commission’s reasoned opinion, roughly 47 % of existing installations operating in Greece (148 out of 317) do not have an IPPC permit. Consequently, the Hellenic Republic admits that it continues to allow a large number of IPPC installations to operate without appropriate permits being granted.
It should be noted that the Hellenic Republic has provided no justification or further explanation regarding the increase in the facilities in question, and no further development has been notified since the date upon which the abovementioned response to the reasoned opinion was sent.


(1)  OJ L 24, 29.1.2008, p. 8.
Commission Regulation (EU) No 1267/2009 of 18 December 2009 on amending Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar
Date: 2009-12-18
Institutions: European Commission
Subjects: Myanmar/Burma, common foreign and security policy, economic sanctions, human rights, international sanctions, restriction of liberty, trade restriction








L_2009339EN.01002401.xml










22.12.2009   


EN


Official Journal of the European Union


L 339/24








            COMMISSION REGULATION (EU) No 1267/2009
of 18 December 2009
         
on amending Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 (1) and in particular Article 18(1)(b) thereof,

Whereas:







(1)


Annex VI to Regulation (EC) No 194/2008 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


Council Decision 2009/981/CFSP of 18 December 2009 (2) amends Annex II to Common Position 2006/318/CFSP of 27 April 2006. Annex VI to Regulation (EC) No 194/2008 should be amended accordingly.












(3)


In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day following its publication,





HAS ADOPTED THIS REGULATION:



Article 1
Annex VI to Regulation (EC) No 194/2008 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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, 18 December 2009.


For the Commission On behalf of the President

João Vale DE ALMEIDA
            

Director-General for External Relations






(1)  
            OJ L 66, 10.3.2008, p. 1.

(2)  
            OJ L 338, 19.12.2009, p. 90.




ANNEX
In Annex VI to Council Regulation (EC) No 194/2008, the following entry is deleted:









‘E7c


Aung Khaing Moe


Son of Myo Myint, d.o.b. 25.6.1967
(believed to be currently in UK; went before entered on list)


M’
Commission Regulation (EU) No 1262/2009 of 18 December 2009 on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2009-12-18
Institutions: European Commission
Subjects: egg, egg product, import licence, tariff quota








L_2009338EN.01007701.xml










19.12.2009   


EN


Official Journal of the European Union


L 338/77








            COMMISSION REGULATION (EU) No 1262/2009
of 18 December 2009
         
on the issue of import licences for applications lodged during the first seven days of December 2009 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin.












(2)


The applications for import licences lodged during the first seven days of December 2009 for the subperiod from 1 January to 31 March 2010 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 January to 31 March 2010 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 19 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2009.


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 238, 1.9.2006, p. 13.

(3)  
            OJ L 128, 16.5.2007, p. 19.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2010-31.3.2010
(%)




E2


09.4401


25,531384
Case T-509/09: Action brought on 18 December 2009 — Portugal v Commission
Date: 2009-12-18
Institutions: General Court
Subjects: EU financing, European Commission, Portugal, action for annulment (EU), fishing controls, fishing vessel, purchase, redemption








C_2010080EN.01002602.xml










27.3.2010   


EN


Official Journal of the European Union


C 80/26





Action brought on 18 December 2009 — Portugal v Commission
(Case T-509/09)
2010/C 80/47
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (Lisbon, Portugal) (represented by: L. Inez Fernandes, A. Trindade Mimoso and A. Miranda Boavida, acting as Agents)

Defendant: European Commission

Form of order sought







1.


Annulment of the European Commission’s decision of 14 October 2009, notified to the Portuguese Government by letter No 11656, refusing to reimburse the amount of the contribution originally approved for the purchase of two Ocean Patrol Vessels (OPV) for surveillance of fishing activities, in the sum of EUR 11 025 000;










2.


an order that the defendant should adopt a favourable decision with regard to the requests for reimbursement made by the Portuguese Government in connection with European Commission Decision 2002/978/EC of 10 December 2002;










3.


an order that the European Commission should pay the costs.





Pleas in law and main arguments







(a)


Error as regards the legal requirements, given that the Portuguese State has complied in full with all the rules in the sphere of public procurement;










(b)


error as to the facts;










(c)


breach of the obligation to state reasons: the contested decision does not contain any grounds whatsoever, however slight, justifying the decision adopted. Inasmuch as it is contrary to and profoundly affects duly consolidated legal situations in a Member State, so causing the latter serious damage, such a decision ought, more than any other, to contain solid and persuasive reasoning, of which there is absolutely none in this case.
Non-opposition to a notified concentration (Case COMP/M.5704 — JBS/BERTIN) Text with EEA relevance
Date: 2009-12-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, fresh meat, holding company, investment company, meat product, merger control








C_2009308EN.01000302.xml










18.12.2009   


EN


Official Journal of the European Union


C 308/3





Non-opposition to a notified concentration
(Case COMP/M.5704 — JBS/BERTIN)
(Text with EEA relevance)
2009/C 308/04
On 9 December 2009, 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 language 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 32009M5704. EUR-Lex is the on-line access to the European law.