do-me/EUR-LEX huggingface dataset:
Case C-78/10: Reference for a preliminary ruling from the Cour d’Appel, Rouen (France) lodged on 8 February 2010 — Marc Berel, in his capacity as the authorised agent of the company Port Angot Développement, Mr Hess, in his capacity as receiver of the company Port Angot Développement, the company Rijn Schelde Mondia France, Receveur Principal des Douanes, Port of Rouen, Administration des Douanes, Port of Le Havre, the company Port Angot Développement, successor in title of the company Manutention de Produits Chimiques et Miniers (Maprochim), Asia Pulp & Paper France v Administration des Douanes, Rouen, Receveur Principal des Douanes, Le Havre, Administration des Douanes, Le Havre
Date: 2010-02-08
Institutions: Court of Justice
Subjects: customs regulations, customs territory (EU), customs union, interpretation of the law, simplification of formalities








C_2010113EN.01002201.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/22





Reference for a preliminary ruling from the Cour d’Appel, Rouen (France) lodged on 8 February 2010 — Marc Berel, in his capacity as the authorised agent of the company Port Angot Développement, Mr Hess, in his capacity as receiver of the company Port Angot Développement, the company Rijn Schelde Mondia France, Receveur Principal des Douanes, Port of Rouen, Administration des Douanes, Port of Le Havre, the company Port Angot Développement, successor in title of the company Manutention de Produits Chimiques et Miniers (Maprochim), Asia Pulp & Paper France v Administration des Douanes, Rouen, Receveur Principal des Douanes, Le Havre, Administration des Douanes, Le Havre
(Case C-78/10)
2010/C 113/34
Language of the case: French

Referring court

Cour d’Appel, Rouen

Parties to the main proceedings


Applicants: Marc Berel, in his capacity as the authorised agent of the company Port Angot Développement, Mr Hess, in his capacity as receiver of the company Port Angot Développement, the company Rijn Schelde Mondia France, Receveur Principal des Douanes, Port of Rouen, Administration des douanes — Havre Port, Société Port Angot Développement, successor in title of the company Manutention de Produits Chimiques et Miniers (Maprochim), Asia Pulp & Paper France

Defendants: Administration des Douanes, Rouen, Receveur Principal des Douanes, Le Havre, Administration des Douanes, Le Havre

Question referred

Do Articles 213, 233 and 239 of the Community Customs Code (1) prevent a joint and several co-debtor of a customs debt who is not the beneficiary of a decision to remit that debt from enforcing, against the administration responsible for collection, the decision to remit based on Article 239 of the Community Customs Code which that administration notified to another joint and several co-debtor, in order to be excused payment of the customs debt?


(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).
Case C-71/10: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 8 February 2010 — Office of Communications v The Information Commissioner
Date: 2010-02-08
Institutions: Court of Justice
Subjects: access to information, dissemination of information, environmental policy, interpretation of the law








C_2010113EN.01002002.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/20





Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 8 February 2010 — Office of Communications v The Information Commissioner
(Case C-71/10)
2010/C 113/31
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings


Applicant: Office of Communications

Defendant: The Information Commissioner

Question referred

Under Council Directive 2003/4/EC (1), where a public authority holds environmental information, disclosure of which would have some adverse effects on the separate interests served by more than one exception (in casu, the interests of public security served by article 4(2)(b) and those of intellectual property rights served by article 4(2)(e)), but it would not do so, in the case of either exception viewed separately, to any extent sufficient to outweigh the public interest in disclosure, does the Directive require a further exercise involving the cumulation of the separate interests served by the two exceptions and their weighing together against the public interest in disclosure?


(1)  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
OJ L 41, p. 26
Case T-61/10: Action brought on 8 February 2010 — Victoria Sánchez v Parliament and Commission
Date: 2010-02-08
Institutions: General Court
Subjects: EC action to establish liability, European Commission, European Parliament, Spain, corruption, social security








C_2010100EN.01005801.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/58





Action brought on 8 February 2010 — Victoria Sánchez v Parliament and Commission
(Case T-61/10)
2010/C 100/86
Language of the case: Spanish

Parties


Applicant: Fernando Marcelino Victoria Sánchez (Sevilla, Spain) (represented by: N. Domínguez Varela, lawyer)

Defendants: European Parliament and European Commission

Form of order sought







—


A declaration that the failure of the European Parliament and of the Commission to respond to the application made by way of letters on 6 October 2009 is contrary to European Union law and an order for those institutions to remedy the situation.





Pleas in law and main arguments

On 28 August 2008 the applicant submitted a petition to the Committee on Petitions of the Parliament relating to an alleged corruption network in Spain in the field of social security and public health. On 3 May 2009 the President of that committee informed him that no further action would be taken as regards his petition.
On 6 December 2009 the applicant sent a letter to the European Parliament and the European Commission, pursuant to Article 265 TFEU, calling upon them to act. In that letter he requested that:






—


the European Parliament annul the decision of 3 May 2009 of the President of the Committee on Petitions and investigate the circumstances in which that decision was adopted;










—


the European Commission also undertake an investigation into the administration of justice in Spain.




Since he did not receive a response within the time-limit laid down to that end, the applicant brought this action for failure to act.
In support of his claims, the applicant submits that his fundamental rights have been infringed, namely his right to submit a petition, his right to equality before the law and his right to not be discriminated against. He also submits that the conditions have been met for the defendant institutions to be found to have failed to act.
Proposal for a Council Decision Amending Decision 2009/459/EC of 6 May 2009 providing Community medium-term financial assistance for Romania
Date: 2010-02-08
Institutions: European Commission
Subjects: EU financing, EU programme, Romania, balance of payments, budget deficit, financial aid, public finance

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION  

Brussels, 8.2.2010 
COM(2010)50 final 

2010/0034 (NLE) 

Proposal for a 

COUNCIL DECISION 

Amending Decision 2009/459/EC of 6 May 2009 providing Community medium-term 
financial assistance for Romania 

EN 

   EN 

 
 
 
  
2010/0034 (NLE) 

Proposal for a 

COUNCIL DECISION 

Amending Decision 2009/459/EC of 6 May 2009 providing Community medium-term 
financial assistance for Romania 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a 
facility providing medium term financial assistance for Member States balance of payments 
(1) and in particular Article 5, second subparagraph, in conjunction with Article 8 thereof, 

Having regard to the proposal from the Commission made after consulting the Economic and 
Financial Committee (EFC), 

Whereas: 

(1) 

(2) 

By  Decision  2009/458/EC  (2),  the  Council  decided  to  grant  mutual  assistance  to 
Romania. By Decision 2009/459/EC (3), the Council decided to provide medium-term 
financial assistance for Romania.  

The  scope  and  intensity  of  the  economic  recession  affecting  Romania  calls  for  a 
revision  of  the  economic  policy  conditions  foreseen  for  the  disbursement  of  the 
instalments of the financial assistance with a view to taking into account the impact of 
the larger than expected contraction of real GDP.  

(3) 

Council Decision 2009/459/EC should therefore be amended accordingly.  

HAS ADOPTED THIS DECISION: 

Article 1 

Council Decision 2009/459/ EC is hereby amended as follows: 

1. In Article 3(5), point (a) shall be replaced by the following: 

"Implementing  a  clearly-set  medium-term  fiscal  program  so  as  to  bring  the  general 
government  deficit  below  the  Treaty  reference  value  of  3%  of  GDP  with  a  timeframe  and 

(1) 
(2) 
(3) 

OJ L 53, 23.2.2002, p. 1. 
OJ L 150, 13.6.2009, p. 6 
OJ L 150, 13.6.2009, p. 8 

EN 

2 

   EN 

 
                                                 
consolidation  path  consistent  with  the  Council  recommendations  to  Romania  adopted  under 
the excessive deficit procedure". 

2. In Article 3(5), point (b) shall be replaced by the following: 

"Adopting  and  implementing  annual  budgets  for  2010  and  beyond,  consistent  with  the 
consolidation path." 

This decision is addressed to Romania. 

Article 2 

Article 3 

This decision shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council, 
The President 

EN 

3 

   EN
Case T-481/08: Order of the General Court of 8 February 2010 — Alisei v Commission (Action for annulment — External action and EDF — Termination of audit and adoption of final report — Measure of a purely contractual nature — Lack of jurisdiction — No direct concern — Inadmissibility — Action for damages — Manifest inadmissibility)
Date: 2010-02-08
Institutions: General Court
Subjects: EU trade mark, European Commission, action for annulment (EU), fine, humanitarian aid, international cooperation, trade-mark law








C_2010100EN.01004002.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/40





Order of the General Court of 8 February 2010 — Alisei v Commission
(Case T-481/08) (1)

(Action for annulment - External action and EDF - Termination of audit and adoption of final report - Measure of a purely contractual nature - Lack of jurisdiction - No direct concern - Inadmissibility - Action for damages - Manifest inadmissibility)
2010/C 100/63
Language of the case: Italian

Parties


Applicant: Alisei (Rome, Italy) (represented by: F. Sciaudone, R. Sciaudone, S. Gobbato, R. Rio and A. Neri, lawyers)

Defendant: European Commission (represented by: P. van Nuffel and L. Prete, Agents)

Re:

First, annulment of the decision allegedly contained in the Commission letter of 19 August 2008 on the repayment of a part of the advances paid to the applicant in the context of certain development cooperation and humanitarian aid projects financed by the Community budget or by the European Development Fund (EDF) and, second, the compensation for the loss allegedly suffered by the applicant due to the conduct of the Commission.

Operative part of the order







1.


The action is dismissed.










2.


Alisei is ordered to pay the costs.






(1)  OJ C 6, 10.1.2009.