do-me/EUR-LEX huggingface dataset:
Case C-57/10: Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — Vlaamse Dierenartsenvereniging VZW v Belgische Staat
Date: 2010-01-28
Institutions: Court of Justice
Subjects: Belgium, domestic animal, health certificate, interpretation of the law, transport of animals








C_2010100EN.01002502.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/25





Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — Vlaamse Dierenartsenvereniging VZW v Belgische Staat
(Case C-57/10)
2010/C 100/38
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Vlaamse Dierenartsenvereniging VZW

Defendant: Belgische Staat

Questions referred







1.


Do Articles 3(b), 4(2), 5 and the second subparagraph of Article 17 of Regulation 998/2003/EC (1) of the European Parliament and the Council of 26 May 2003 on the animal health requirements applicable to the non commercial movement of pet animals and amending Council Directive 92/65/EEC and the articles and annexes of Commission Decision 2003/803/EC (2) of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets preclude national legislation in regard to the passport for cats and ferrets which refers to the model and the additional requirements laid down in the aforementioned Commission Decision of 26 November 2003, yet in addition prescribes that every passport must bear a unique number consisting of thirteen characters, namely, ‘BE’, the ISO code for Belgium, followed by the identification number of the distributor consisting of two digits, and a serial number consisting of nine digits?










2.


Is national legislation which in regard to the passport for cats and ferrets refers to the model and the additional requirements laid down in the aforementioned Commission Decision of 26 November 2003, yet in addition prescribes that every passport must bear a unique number consisting of thirteen characters, namely, ‘BE’, the ISO code for Belgium, followed by the identification number of the distributor consisting of two digits, and a serial number consisting of nine digits, a technical regulation within the meaning of Article 1 of Directive 98/34/EC (3) of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations which, under Article 8 of that Directive, must be communicated to the European Commission before its enactment?’






(1)  OJ 2003 L 146, P. 1.

(2)  OJ 2003 L 312, p. 1.

(3)  OJ 1998 L 204, p. 37.
Euro exchange rates
Date: 2010-01-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2010021EN.01000301.xml










28.1.2010   


EN


Official Journal of the European Union


C 21/3





Euro exchange rates (1)

27 January 2010
2010/C 21/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4072




JPY


Japanese yen


125,95




DKK


Danish krone


7,4450




GBP


Pound sterling


0,86725




SEK


Swedish krona


10,2446




CHF


Swiss franc


1,4721




ISK


Iceland króna


 




NOK


Norwegian krone


8,2195




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,113




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


271,75




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7079




PLN


Polish zloty


4,0808




RON


Romanian leu


4,1148




TRY


Turkish lira


2,1006




AUD


Australian dollar


1,5656




CAD


Canadian dollar


1,4973




HKD


Hong Kong dollar


10,9422




NZD


New Zealand dollar


1,9866




SGD


Singapore dollar


1,9761




KRW


South Korean won


1 632,22




ZAR


South African rand


10,6672




CNY


Chinese yuan renminbi


9,6067




HRK


Croatian kuna


7,3160




IDR


Indonesian rupiah


13 261,49




MYR


Malaysian ringgit


4,8158




PHP


Philippine peso


65,702




RUB


Russian rouble


42,6150




THB


Thai baht


46,487




BRL


Brazilian real


2,5991




MXN


Mexican peso


18,1304




INR


Indian rupee


65,1530






(1)  Source: reference exchange rate published by the ECB.
Case C-333/08: Judgment of the Court (Third Chamber) of 28 January 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Free movement of goods — Articles 28 EC and 30 EC — Quantitative restriction on imports — Measure having equivalent effect — Prior authorisation scheme — Processing aids, and foodstuffs whose preparation involved the use of processing aids, from other Member States where they are lawfully manufactured and/or marketed — Procedure allowing economic operators to obtain the entry of such substances on a positive list — Mutual recognition clause — National legislative context creating a situation of legal uncertainty for economic operators)
Date: 2010-01-28
Institutions: Court of Justice
Subjects: EU Member State, European Commission, France, action for failure to fulfil an obligation, food production, foodstuffs legislation, innovation, intra-EU trade








C_2010063EN.01000802.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/8





Judgment of the Court (Third Chamber) of 28 January 2010 — European Commission v French Republic
(Case C-333/08) (1)

(Failure of a Member State to fulfil obligations - Free movement of goods - Articles 28 EC and 30 EC - Quantitative restriction on imports - Measure having equivalent effect - Prior authorisation scheme - Processing aids, and foodstuffs whose preparation involved the use of processing aids, from other Member States where they are lawfully manufactured and/or marketed - Procedure allowing economic operators to obtain the entry of such substances on a ‘positive list’ - Mutual recognition clause - National legislative context creating a situation of legal uncertainty for economic operators)
2010/C 63/12
Language of the case: French

Parties


Applicant: European Commission (represented by: B. Stromsky, Agent)

Defendant: French Republic (represented by: G. de Bergues and R. Loosli-Surrans, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 28 EC — Scheme of prior authorisation for processing aids, and foodstuffs the preparation of which involved the use of processing aids, from other Member States where they were lawfully manufactured and/or marketed — Lack of justification and/or non-compliance with the principle of proportionality

Operative part of the judgment

The Court:






1.


By laying down, for processing aids and foodstuffs whose preparation involved the use of processing aids from other Member States where they are lawfully manufactured and/or marketed, a prior authorisation scheme not complying with the principle of proportionality, the French Republic has failed to fulfil its obligations under Article 28 EC.










2.


The French Republic is ordered to pay the costs.






(1)  OJ C 285, 8.11.2008.
Case C-44/10: Action brought on 28 January 2010 — European Commission v Portuguese Republic
Date: 2010-01-28
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, environmental protection, environmental standard, pollution control measures








C_2010100EN.01002301.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/23





Action brought on 28 January 2010 — European Commission v Portuguese Republic
(Case C-44/10)
2010/C 100/33
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by failing to take the measures necessary to ensure, by granting permits in accordance with Articles 6 and 8 of Directive 2008/1/EC (1) and reconsidering and, where necessary, updating permits for existing installations, that those existing installations operated from 30 October 2007 in accordance with Articles 3, 7, 9, 10 and 13, Article 14(a) and (b) and Article 15(2) of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (IPPC Directive), the Portuguese Republic has failed to fulfil its obligations under Article 5(1) of that directive.










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

It follows from Article 4 of the IPPC Directive, read in conjunction with Article 5(1) thereof, that the Member States had to ensure that permits for new and existing installations were granted in accordance with the requirements of Articles 6 and 8 of the Directive. They also had to reconsider and, where necessary, update the conditions of permits for existing installations by 31 October 2007.
According to information supplied by the Portuguese authorities in 2008, the relevant authorisation was not applied for in respect of a number of installations. In addition, 280 out of a total of 632 installations operated without the relevant permit being granted.
According to updated information, 481 out of a total of 577 installations have permits, with 17 authorisation procedures pending.


(1)  OJ 2008 L 24, p. 8.
Case C-48/10: Action brought on 28 January 2010 — European Commission v Kingdom of Spain
Date: 2010-01-28
Institutions: Court of Justice
Subjects: EU environmental policy, European Commission, Spain, action for failure to fulfil an obligation, environmental protection, environmental standard, industrial policy, pollution control measures








C_2010100EN.01002401.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/24





Action brought on 28 January 2010 — European Commission v Kingdom of Spain
(Case C-48/10)
2010/C 100/35
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro, Agent)

Defendant: Kingdom of Spain

Form of order sought







—


declare that, by failing to adopt the measures necessary so that the authorities ensure — by granting authorisations in accordance with Articles 6 and 8 or, by adequately revising the conditions and, if appropriate, updating them — that installations are operated in accordance with the requirements laid down in Articles 3, 7, 9, 10, 13, 14(a) and (b), and 15(2) by 30 October 2007 at the latest, unless other specific provisions of Community law are applicable, the Kingdom of Spain has failed to fulfil its obligations under to 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 (‘IPPC Directive’).










—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

Under Article 5(1) of Directive 2008/1/EC, the period for complying with the obligation to adapt existing installations to the requirements of the IPPC Directive, by granting an integrated environmental authorisation, lapsed on 30 October 2007.
On that date, many existing installations continued operating in Spain without that authorisation. Since the commencement of an action based on that infringement, the process of granting environmental authorisations has been speeded up without, however, bringing an end to that infringement within the period prescribed in the reasoned opinion or, according to the information available to the Commission, without bringing an end to it by the present date. According to the information supplied by the national authorities in their reply to the reasoned opinion, 533 existing installations were still operating without the mandatory IPPC authorisation on the date on which the period prescribed in that opinion, for complying with the obligations arising under Article 5(1) of the IPPC Directive, lapsed.
In those circumstances, it is clear that the Kingdom of Spain has still not fulfilled the obligations arising from that provision.


(1)  OJ 2008 L 24, p. 8.
Case C-45/10: Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — 1. Vlaamse Dierenartsenvereniging VZW, 2. Marc Janssens v Belgian State
Date: 2010-01-28
Institutions: Court of Justice
Subjects: Belgium, domestic animal, health certificate, interpretation of the law, transport of animals








C_2010100EN.01002302.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/23





Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 28 January 2010 — 1. Vlaamse Dierenartsenvereniging VZW, 2. Marc Janssens v Belgian State
(Case C-45/10)
2010/C 100/34
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings








Applicants


:


Vlaamse Dierenartsenvereniging VZW
Marc Janssens




Defendant


:


Belgian State





Questions referred







1.


Do Articles 3(b), 4(2), 5 and the second subparagraph of Article 17 of Regulation 998/2003/EC (1) of the European Parliament and the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC and the articles and annexes of Commission Decision 2003/803/EC (2) of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets preclude a national legislative measure which also uses the model of the European pet passport as proof of the identification and registration of dogs and in so doing makes provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of a European pet passport attested by an authorised veterinarian by means of identification stickers which are superimposed on the previous identification details?










2.


Are national provisions which also use the model of the European pet passport, as contained in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets, as proof of the identification and registration of dogs and in so doing make provision for third parties to make changes regarding the identification of the owner and the animal in Parts I to III of such a passport by means of identification stickers, technical regulations within the meaning of Article 1 of Directive 98/34/EC (3) of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, which under Article 8 of that directive must be communicated to the European Commission before they are enacted?






(1)  OJ 2003 L 146, p. 1.

(2)  OJ 2003 L 312, p. 1.

(3)  OJ 1998 L 204, p. 37.
Corrigendum to Council Regulation (EU) No 23/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009 ( OJ L 21, 26.1.2010 )
Date: 2010-01-28
Institutions: Council of the European Union
Subjects: EU waters, authorised catch, fishery resources, fishing area, fishing regulations, fishing rights, management of resources, sustainable development








L_2010024EN.01001401.xml










28.1.2010   


EN


Official Journal of the European Union


L 24/14







Corrigendum to Council Regulation (EU) No 23/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009
(
Official Journal of the European Union L 21 of 26 January 2010
)

On the cover page and on page 1, the Regulation number in the title:
for:

               ‘Council Regulation (EU) No 23/2010 …’,
read:

               ‘Council Regulation (EU) No 53/2010 …’.
Notice of the impending expiry of certain countervailing measures
Date: 2010-01-28
Institutions: European Commission
Subjects: India, antibiotic, countervailing charge, export subsidy, import, import policy, originating product








C_2010021EN.01004001.xml










28.1.2010   


EN


Official Journal of the European Union


C 21/40





Notice of the impending expiry of certain countervailing measures
2010/C 21/11
1.   As provided for in Article 18(4) of Council Regulation (EC) No 597/2009 of 11 June 2009 (1) on protection against subsidised imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the countervailing measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of subsidisation and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 18(4) of Regulation (EC) No 597/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Certain broad spectrum antibiotics


India


Countervailing duty


Council Regulation (EC) No 713/2005 (OJ L 121, 13.5.2005, p. 1) as last amended by Council Regulation (EC) No 1176/2008 (OJ L 319, 29.11.2008, p. 1)


14.5.2010






(1)  OJ L 188, 18.7.2009, p. 93.

(2)  Fax +32 22956505.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty — General Block Exemption Regulation)
Date: 2010-01-28
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, State aid, aid to undertakings, control of State aid, innovation, research and development








C_2010021EN.01003601.xml










28.1.2010   


EN


Official Journal of the European Union


C 21/36





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty — General Block Exemption Regulation)
2010/C 21/09








Aid No


GBER 11/09/R&D




EFTA State


Norway




Granting authority


Name


Ministry of Finance




Address
Webpage







P.o. Box 8008 dep




0030 Oslo




NORWAY








Title of the aid measure


Skattefunn




National legal basis (Reference to the relevant national official publication)


Section 16-40 of the Norwegian law on tax (Lov 26. mars 1999 nr. 14)




Web link to the full text of the aid measure


http://www.lovdata.no/all/tl-19990326-014-074.html
http://www.skattefunn.no




Type of measure


Scheme


X




Amendment of an existing aid measure


X


EFTA Surveillance Authority aid number
Decision No 171/02/COL, 16/03/COL, 366/06/COL




Modification


X




Duration


Scheme


The scheme is not limited in time. However, the Commission Regulation (EC) No 800/2008 (General Block Exemption Regulation) expires on 31.12.2013




Economic sector(s) concerned


All economic sectors eligible to receive aid


X




 


Limited to specific sectors — Please specify in accordance with NACE Rev. 2.


 




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


Approximately NOK 1 130 million annually




Aid instrument (Article 5)


Fiscal measure


X Tax allowance
















General Objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME-bonuses in %




Aid for research, development and innovation (Article 30-37)


Aid for research and development projects (Article 31)


Fundamental research (Article 31(2)(a))


25 %


2,8 %




Industrial research (Article 31(2)(b))


25 %


2,8 %




Experimental development (Article 31(2)(c))


25 %


2,8 %
Decision of the Standing Committee of the EFTA States No 1/2010/SC of 28 January 2010 establishing an EEA Financial Mechanism Interim Committee 2009-2014
Date: 2010-01-28
Institutions: Standing Committee of the EFTA States
Subjects: EU financing, European Economic Area, Norway, committee (EU), financial management, financing method




L_2010053EN.01001901.xml










4.3.2010   


EN


Official Journal of the European Union


L 53/19








            DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
         
No 1/2010/SC
of 28 January 2010
         
establishing an EEA Financial Mechanism Interim Committee 2009-2014


THE STANDING COMMITTEE OF THE EFTA STATES,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,


Having regard to the agreement to be concluded establishing a new EEA Financial Mechanism for the period 2009-2014,


Considering the agreement between the Kingdom of Norway and the European Community to establish a Norwegian Financial Mechanism for the period 2009-2014,

HAS DECIDED AS FOLLOWS:



Article 1

1.   An EEA Financial Mechanism Interim Committee 2009-2014, hereinafter referred to as the Interim Committee, which should be operative as soon as possible, is hereby established.


2.   The Interim Committee shall assist the EFTA States in preparing for the implementation of the EEA Financial Mechanism for 2009-2014.


3.   The Interim Committee shall report to the Standing Committee.


4.   The Interim Committee may be assisted by the Missions of the EEA EFTA States to the EU.


5.   The Interim Committee shall on the day of entering into force or on the day of provisional application of the legal act establishing the EEA Financial Mechanism 2009-2014 be replaced by an EEA Financial Mechanism Committee 2009-2014.


6.   The Interim Committee shall discuss and assess possible coordination between the EEA Financial Mechanism and the Norwegian Financial Mechanism.


7.   The Interim Committee shall agree upon a Chairman who shall be confirmed by the Standing Committee.



Article 2
This Decision shall take immediate effect.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 January 2010.


For the Standing Committee


The Chairman

H.S.H Prinz Nikolaus von LIECHTENSTEIN
            

The Secretary-General

Kåre BRYN