do-me/EUR-LEX huggingface dataset:
Case C-209/09: Judgment of the Court (Eighth Chamber) of 25 February 2010 (Reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Lahti Energia Oy (Directive 2000/76/EC — Incineration of waste — Incineration plant — Co-incineration plant — Complex comprising a gas plant and a power plant — Incineration in the power plant of non-purified gas produced from the thermal treatment of waste in the gas plant)
Date: 2010-02-25
Institutions: Court of Justice
Subjects: Finland, combustion gases, energy production, gas, interpretation of the law, judgment of the Court (EU), substitute fuel, waste disposal, waste incineration








C_2010100EN.01000901.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/9





Judgment of the Court (Eighth Chamber) of 25 February 2010 (Reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Lahti Energia Oy
(Case C-209/09) (1)

(Directive 2000/76/EC - Incineration of waste - Incineration plant - Co-incineration plant - Complex comprising a gas plant and a power plant - Incineration in the power plant of non-purified gas produced from the thermal treatment of waste in the gas plant)
2010/C 100/12
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Party to the main proceedings

Lahti Energia Oy

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Article 3 of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (OJ 2000 L 332, p. 91) — Complex consisting of a plant producing gas from waste and a power plant whose steam boiler burns the gas produced from the thermal treatment of waste in the gas plant — Combustion in the steam boiler of the power plant of non-purified instead of purified gas

Operative part of the judgment

A power plant which uses as an additional fuel, in substitution for fossil fuels used for the most part in its production activities, gas obtained in a gas plant following thermal treatment of waste is to be regarded, jointly with that gas plant, as a ‘co-incineration plant’ within the meaning of Article 3(5) of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste when the gas in question has not been purified within the gas plant.


(1)  OJ C 193, 15.8.2009.
Case C-295/09: Judgment of the Court (Seventh Chamber) of 25 February 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2006/43/EC — Company law — Statutory audits of annual accounts and consolidated accounts — Failure to transpose within the prescribed period)
Date: 2010-02-25
Institutions: Court of Justice
Subjects: European Commission, Spain, accountant, action for failure to fulfil an obligation, audit, auditing, judgment of the Court (EU), national implementing measure, professional ethics, professional qualifications








C_2010100EN.01000902.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/9





Judgment of the Court (Seventh Chamber) of 25 February 2010 — European Commission v Kingdom of Spain
(Case C-295/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/43/EC - Company law - Statutory audits of annual accounts and consolidated accounts - Failure to transpose within the prescribed period)
2010/C 100/13
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: G. Braun and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or notify, within the prescribed period, the provisions necessary to comply with Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, p. 87)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC, the Kingdom of Spain has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 256, 24.10.2009.
Notice concerning a request under Article 30 of Directive 2004/17/EC of the European Parliament and of the Council — Request from a contracting entity
Date: 2010-02-25
Institutions: European Commission
Subjects: Italy, award of contract, competition, competition law, electrical energy, energy distribution, energy production








C_2010047EN.01002801.xml










25.2.2010   


EN


Official Journal of the European Union


C 47/28





Notice concerning a request under Article 30 of Directive 2004/17/EC of the European Parliament and of the Council
Request from a contracting entity
2010/C 47/11
On 15 February 2010, the Commission received a request under Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1). The first working day following receipt of the request is 16 February 2010.
The request, from Compagnia Valdostana delle Acque S.p.A., concerns the production and sale of electricity in Italy. The above-mentioned Article 30 provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition in markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.
The Commission has a period of three months to take a decision on this request, starting on the working day referred to above. The period therefore ends on 16 May 2010.
This period may be extended by three months. Any such extension must be published.
Pursuant to the second subparagraph of Article 30(6), further requests concerning the production and sale of electricity in Italy, submitted before the period opened for this request expires, will not be considered as new procedures and will be dealt with as part of this request.


(1)  OJ L 134, 30.4.2004, p. 1.
2010/125/: Council Decision of 25 February 2010 appointing the members of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union
Date: 2010-02-25
Institutions: Council of the European Union
Subjects: Court of Justice of the European Union, General Court (EU), appointment of members, committee (EU), member of the Court of Justice (EU), opinion, professional qualifications








L_2010050EN.01002001.xml










27.2.2010   


EN


Official Journal of the European Union


L 50/20








            COUNCIL DECISION
         
of 25 February 2010
         
appointing the members of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union
(2010/125/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 255 thereof,


Having regard to the initiative by the President of the Court of Justice on 26 January 2010,

Whereas:







(1)


A panel is to be set up pursuant to Article 255(1) of the Treaty, in order to give an opinion on candidates' suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the Governments of the Member States make the appointments (hereafter ‘the panel’).












(2)


The panel is to comprise seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom is to be proposed by the European Parliament.












(3)


Account should be taken of a balanced membership of the panel, both in geographical terms and in terms of representation of the legal systems of the Member States.












(4)


The members of the panel and its President should therefore be appointed,





HAS ADOPTED THIS DECISION:



Article 1
For a period of four years from 1 March 2010, the following shall be appointed members of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union:






 


Mr Jean-Marc SAUVÉ, President










 


Mr Peter JANN










 


Lord MANCE










 


Mr Torben MELCHIOR










 


Mr Péter PACZOLAY










 


Ms Ana PALACIO VALLELERSUNDI










 


Ms Virpi TIILI






Article 2
This Decision shall enter into force on 1 March 2010.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 25 February 2010.


For the Council


The President

A. PÉREZ RUBALCABA
Case C-106/10: Reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 25 February 2010 — Lidl & Companhia v Fazenda Pública
Date: 2010-02-25
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, interpretation of the law, tax harmonisation, vehicle tax








C_2010113EN.01003201.xml










1.5.2010   


EN


Official Journal of the European Union


C 113/32





Reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 25 February 2010 — Lidl & Companhia v Fazenda Pública
(Case C-106/10)
2010/C 113/49
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicants: Lidl & Companhia

Defendant: Fazenda Pública

Intervening Party: Ministério Público

Questions referred

Is point (a) of the first paragraph of Article 78, read in conjunction with point (c) of the first paragraph of Article 79, of Directive 2006/112/EC (1) of 28 November 2006 to be interpreted as prohibiting, in the case of intra-Community purchases, the inclusion in the taxable amount for VAT of the vehicle tax introduced by Law No 22-A/2007 of 29 June 2007?


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Commission Regulation (EU) No 161/2010 of 25 February 2010 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009
Date: 2010-02-25
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, import, maize, tariff quota, tax relief, third country








L_2010049EN.01002001.xml










26.2.2010   


EN


Official Journal of the European Union


L 49/20








            COMMISSION REGULATION (EU) No 161/2010
of 25 February 2010
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EC) No 676/2009


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 (EC) No 676/2009 (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 the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For tenders lodged from 12 February to 25 February 2010 under the invitation to tender issued in Regulation (EC) No 676/2009, the maximum reduction in the duty on maize imported shall be 19,06 EUR/t for a total maximum quantity of 1 000 t.


Article 2
This Regulation shall enter into force on 26 February 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 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 196, 28.7.2009, p. 6.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Case C-337/08: Judgment of the Court (Second Chamber) of 25 February 2010 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X Holding B.V. v Staatssecretaris van Financiën (Articles 43 EC and 48 EC — Tax legislation — Corporation tax — Tax entity consisting of a resident parent company and one or more resident subsidiaries — Taxation of profits at parent-company level — Exclusion of non-resident subsidiaries)
Date: 2010-02-25
Institutions: Court of Justice
Subjects: corporation tax, interpretation of the law, judgment of the Court (EU), organisation, subsidiary, tax law








C_2010100EN.01000302.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/3





Judgment of the Court (Second Chamber) of 25 February 2010 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X Holding B.V. v Staatssecretaris van Financiën
(Case C-337/08) (1)

(Articles 43 EC and 48 EC - Tax legislation - Corporation tax - Tax entity consisting of a resident parent company and one or more resident subsidiaries - Taxation of profits at parent-company level - Exclusion of non-resident subsidiaries)
2010/C 100/04
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: X Holding B.V.

Defendant: Staatssecretaris van Financiën

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 43 EC and 48 EC — Legislation permitting resident parent companies to form a single entity, for tax purposes, with one or more resident subsidiaries, resulting in the taxation of the parent company in respect of the profits of that entity — Exclusion of non-resident subsidiaries from that arrangement

Operative part of the judgment

Articles 43 EC and 48 EC do not preclude legislation of a Member State which makes it possible for a parent company to form a single tax entity with its resident subsidiary, but which prevents the formation of such a single tax entity with a non-resident subsidiary, in that the profits of that non-resident subsidiary are not subject to the fiscal legislation of that Member State.


(1)  OJ C 272, 25.10.2008.
2010/762/EU: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 25 February 2010 determining the seat of the European Asylum Support Office
Date: 2010-02-25
Institutions: Representatives of the Governments of the Member States
Subjects: European Union Agency for Asylum, right of asylum, seat of institution, social policy








L_2010324EN.01004701.xml










9.12.2010   


EN


Official Journal of the European Union


L 324/47








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
         
of 25 February 2010
         
determining the seat of the European Asylum Support Office
(2010/762/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL,
Whereas:







(1)


Regulation (EU) No 439/2010 (1) of the European Parliament and of the Council establishes a European Asylum Support Office.












(2)


It is necessary to determine the seat of the European Asylum Support Office,





HAVE ADOPTED THIS DECISION:



Article 1
The European Asylum Support Office shall have its seat at Valletta Harbour.


Article 2
This Decision shall enter into force on 18 June 2010.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 25 February 2010.


For the Council


The President

A. PÉREZ RUBALCABA
            





(1)  
            OJ L 132, 29.5.2010, p. 11.
Transportation of horses for slaughter Declaration of the European Parliament of 25 February 2010 on the transportation of horses for slaughter in the European Union
Date: 2010-02-25
Institutions: European Parliament
Subjects: animal welfare, health certificate, protection of animals, transport of animals, veterinary inspection








CE2010348EN.01003701.xml










21.12.2010   


EN


Official Journal of the European Union


CE 348/37





Thursday 25 February 2010Transportation of horses for slaughter
P7_TA(2010)0040
Declaration of the European Parliament of 25 February 2010 on the transportation of horses for slaughter in the European Union
2010/C 348 E/05

The European Parliament,
having regard to Rule 123 of its Rules of Procedure,






A.


whereas every year approximately 100 000 horses are transported unnecessarily long distances under inhumane conditions into and across the European Union for slaughter,










B.


whereas there is well-documented evidence showing that horses are being transported over long distances, causing a variety of welfare problems such as serious injury, disease, exhaustion and dehydration, because of the inadequacies of the existing legislation,










C.


whereas there is strong evidence to suggest that Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations has not been robustly enforced,










D.


whereas a review of Council Regulation (EC) 1/2005 is being carried out by the Commission,










1.


Notes the petition collected by World Horse Welfare on the long-distance transportation of horses to slaughter in Europe;










2.


Calls on the Commission and Member States effectively to scrutinise World Horse Welfare’s dossier of evidence in the context of the Commission’s review of Council Regulation (EC) 1/2005;










3.


Urges the Member States and the European Commission to robustly enforce Council Regulation (EC) 1/2005;










4.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Council, the Commission, and the parliaments and government of the Member States.






(1)  The list of signatories is published in Annex 1 to the Minutes of 25 February 2010 (P7_PV(2010)02-25(ANN1)).
Prior notification of a concentration (Case COMP/M.5554 — HAVI/KeyLux/STI Freight JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2010-02-25
Institutions: European Commission
Subjects: agro-industry, distributive trades, economic concentration, exchange of information, foodstuff, logistics, merger control, preparation for market, theory of marketing








C_2010047EN.01002701.xml










25.2.2010   


EN


Official Journal of the European Union


C 47/27





Prior notification of a concentration
(Case COMP/M.5554 — HAVI/KeyLux/STI Freight JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 47/10






1.


On 17 February 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings HAVI Global Logistics GmbH (‘HAVI’, Germany), belonging to HAVI Group LP (USA), and McKey Luxembourg S.à.r.l (‘KeyLux’, Luxembourg), belonging to Keystone Group (USA), acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation joint control of the undertaking STI Freight Management GmbH (‘STI Freight’, Germany) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for HAVI: food and non-food logistics and distribution, food processing, packaging and administrative services and promotional marketing,










—


for KeyLux: freight forwarding, logistics and distribution in the food sector,










—


for STI Freight: taking over of the activities of the ‘STI Global Network’ companies in the food/non-food freight forwarding sector.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5554 — HAVI/KeyLux/STI Freight JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).