do-me/EUR-LEX huggingface dataset:
Case C-79/09: Judgment of the Court (Second Chamber) of 25 March 2010 — European Commission v Kingdom of the Netherlands (Failure of Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Articles 13 and 132 — Bodies governed by public law — Capacity as public authorities — Activities — Treatment as non-taxable persons — Exemptions — Socio-cultural, health and education sectors — ‘Euroregions’ — Promotion of work mobility — Making available of personnel — Burden of proof)
Date: 2010-03-25
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, health care, labour mobility, tax system








C_2010134EN.01000801.xml










22.5.2010   


EN


Official Journal of the European Union


C 134/8





Judgment of the Court (Second Chamber) of 25 March 2010 — European Commission v Kingdom of the Netherlands
(Case C-79/09) (1)

(Failure of Member State to fulfil obligations - Value added tax - Directive 2006/112/EC - Articles 13 and 132 - Bodies governed by public law - Capacity as public authorities - Activities - Treatment as non-taxable persons - Exemptions - Socio-cultural, health and education sectors - ‘Euroregions’ - Promotion of work mobility - Making available of personnel - Burden of proof)
2010/C 134/12
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: D. Triantafyllou and W. Roels, acting as Agents)

Defendant: Kingdom of the Netherlands (represented by: C.M. Wissels, D.J.M. de Grave and Y. de Vries, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 2(1)(c), 13, 24(1) and 132 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Making available of personnel in the health, education and socio-cultural sectors — Promotion of work mobility — Euroregion

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders the European Commission to pay the costs.






(1)  OJ C 129 of 6.6.2006.
Case T-256/10 P: Appeal brought on 9 June 2010 by Luigi Marcuccio against the order of the Civil Service Tribunal delivered on 25 March 2010 in Case F-102/08, Marcuccio v Commission
Date: 2010-03-25
Institutions: General Court
Subjects: Civil Service Tribunal, European Commission, action for annulment, housing








C_2010221EN.01004902.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/49





Appeal brought on 9 June 2010 by Luigi Marcuccio against the order of the Civil Service Tribunal delivered on 25 March 2010 in Case F-102/08, Marcuccio v Commission
(Case T-256/10 P)
()
2010/C 221/80
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant







—


In any event, set aside in its entirety and without exception the order under appeal.










—


Declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible.










—


Allow in its entirety and without any exception whatsoever the relief sought by the appellant at first instance.










—


Order the Commission to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to both the proceedings at first instance and the present appeal proceedings.










—


In the alternative, refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.





Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal (CST) of 25 March 2010. That order dismissed as partly manifestly inadmissible and partly manifestly unfounded an action seeking a declaration that there was no legal basis for or, in the alternative, the annulment of the Commission’s decision refusing to send to the appellant a copy of the photographs taken when his personal effects were removed from his lodgings in Luanda (Angola) and to destroy every document relating to that removal, together with an order that the Commission pay compensation to the appellant for the damage resulting from the fact that it proceeded with the removal against the appellant’s will.
In support of his claims, the appellant alleges a total failure to state reasons and infringement of rules governing evidence, the principle of the equality of the parties before the Community judicature, Article 94 of the Rules of Procedure of the CST, the Commission’s duty to have regard for the welfare of the appellant and the duty of sound administration.
The appellant also submits that the CST failed to give a ruling on three of his claims.
Legislative proposals adopted by the Commission
Date: 2010-03-25
Institutions: European Commission
Subjects: European Commission, directory, drafting of EU law, official document, proposal (EU)








C_2010076EN.01000101.xml










25.3.2010   


EN


Official Journal of the European Union


C 76/1





Legislative proposals adopted by the Commission
2010/C 76/01








Document


Part


Date


Title




COM(2008) 194


 


17.4.2008


Proposal for a Directive of the European Parliament and of the Council amending Council Directives 68/151/EEC and 89/666/EEC as regards publication and translation obligations of certain types of companies




COM(2008) 195


 


17.4.2008


Proposal for a Directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC as regards certain disclosure requirements for medium-sized companies and obligation to draw up consolidated accounts




COM(2008) 223


 


29.4.2008


Proposal for a Council Regulation amending Regulation (EC, Euratom) No 1150/2000 implementing Decision 2000/597/EC, Euratom on the system of the Communities’ own resources




COM(2008) 228


 


29.4.2008


Proposal for a Council Decision establishing a separate liability of Montenegro and reducing proportionately the liability of Serbia with regard to the long-term loans granted by the Community to the State Union of Serbia and Montenegro (formerly the Federal Republic of Yugoslavia) pursuant to Council Decisions 2001/549/EC and 2002/882/EC




COM(2008) 229


 


30.4.2008


Proposal for a Regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents




COM(2008) 242


 


13.5.2008


Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania for the period 1 August 2008 to 31 July 2012




COM(2008) 335


1


5.6.2008


Proposal for a Council Decision on the signature and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organization and the European Community regarding security audits / inspections and related matters




COM(2008) 335


2


5.6.2008


Proposal for a Council Decision on the conclusion of a Memorandum of Cooperation between the International Civil Aviation Organization and the European Community regarding security audits / inspections and related matters




These texts are available on EUR-Lex: http://eur-lex.europa.eu
Corrigendum to Commission Regulation (EC) No 670/2009 of 24 July 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards public intervention by invitation to tender for the purchase of durum wheat or paddy rice, and amending Regulations (EC) No 428/2008 and (EC) No 687/2008 ( OJ L 194, 25.7.2009 )
Date: 2010-03-25
Institutions: European Commission
Subjects: award of contract, common organisation of markets, crop production, derogation from EU law, durum wheat, foodstuff, market intervention, operation of the Institutions, rice








L_2010079EN.01005801.xml










25.3.2010   


EN


Official Journal of the European Union


L 79/58







Corrigendum to Commission Regulation (EC) No 670/2009 of 24 July 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards public intervention by invitation to tender for the purchase of durum wheat or paddy rice, and amending Regulations (EC) No 428/2008 and (EC) No 687/2008
(
Official Journal of the European Union L 194 of 25 July 2009
)

On page 24, Article 2(2)(b):
for:






‘(b)


a minimum stock exit capacity to allow, for each storage site, the removal of at least 5 % of the storage capacity per working day, or 1 000 tonnes for durum wheat and 500 tonnes for rice.’,




read:






‘(b)


a minimum stock exit capacity to allow, for each storage site, the removal of at least 5 % of the quantity stored per working day, or 1 000 tonnes for durum wheat and 500 tonnes for rice.’.
Case C-278/08: Judgment of the Court (First Chamber) of 25 March 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Günter Guni, trekking.at Reisen GmbH (Trade marks — Internet — Keyword advertising — Display, on the basis of keywords which are identical with or similar to trade marks, of links to sites of competitors of the proprietors of those trade marks — Directive 89/104/EEC — Article 5(1))
Date: 2010-03-25
Institutions: Court of Justice
Subjects: Internet, advertising, interpretation of the law, search engine, trade mark, trade-mark law








C_2010134EN.01000301.xml










22.5.2010   


EN


Official Journal of the European Union


C 134/3





Judgment of the Court (First Chamber) of 25 March 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Günter Guni, trekking.at Reisen GmbH
(Case C-278/08) (1)

(Trade marks - Internet - Keyword advertising - Display, on the basis of keywords which are identical with or similar to trade marks, of links to sites of competitors of the proprietors of those trade marks - Directive 89/104/EEC - Article 5(1))
2010/C 134/03
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH

Defendants: Günter Guni, trekking.at Reisen GmbH

Re:

Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 5(1) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Reservation of a sign similar or identical to a trade mark with an internet search engine operator in order that, once that sign has been entered as a search term, advertising for products or services identical or similar to those for which the trade mark in question was registered appears automatically on the screen (‘keyword advertising’) — Classification of that utilisation of the trade mark as a use which its proprietor is entitled to prevent

Operative part of the judgment

Article 5(1) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the proprietor of a trade mark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with or similar to that trade mark which that advertiser has, without the consent of that proprietor, selected in connection with an internet referencing service, goods or services identical with those for which that mark is registered, in the case where that advertising does not enable an average internet user, or enables that user only with difficulty, to ascertain whether the goods or services referred to therein originate from the proprietor of the trade mark or by an undertaking which is economically connected to it or, on the contrary, originate from a third party.


(1)  OJ C 223, 30.08.2008
Case C-169/09: Judgment of the Court (Seventh Chamber) of 25 March 2010 — European Commission v Hellenic Republic (Failure of Member State to fulfil obligations — Ecodesign requirements for energy-using products — Failure to transpose within the prescribed period)
Date: 2010-03-25
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, ecology, energy consumption, energy distribution, legislation








C_2010221EN.01001302.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/13





Judgment of the Court (Seventh Chamber) of 25 March 2010 — European Commission v Hellenic Republic
(Case C-169/09) (1)

(Failure of Member State to fulfil obligations - Ecodesign requirements for energy-using products - Failure to transpose within the prescribed period)
2010/C 221/21
Language of the case: Greek

Parties


Applicant: European Commission (represented by: S. Schønberg and M. Karanasou Apostolopoulou, acting as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)

Re:

Failure of Member State to fulfil obligations — Failure to take, in the prescribed period, the provisions necessary to comply with Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (OJ 2005 L 191, p. 29)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council, the Hellenic Republic has failed to fulfil its obligations under that directive;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 153, 4.7.2009