do-me/EUR-LEX huggingface dataset:
Case C-196/10: Reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 22 April 2010 — Paderborner Brauerei Haus Cramer KG v Hauptzollamt Bielefeld
Date: 2010-04-22
Institutions: Court of Justice
Subjects: Combined Nomenclature, beer, food technology, interpretation of the law








C_2010161EN.01003701.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/37






Reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 22 April 2010 — Paderborner Brauerei Haus Cramer KG v Hauptzollamt Bielefeld
(Case C-196/10)
(2010/C 161/56)
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Paderborner Brauerei Haus Cramer KG

Defendant: Hauptzollamt Bielefeld

Question referred

Is the Combined Nomenclature, in the version of Commission Regulation (EC) No 2031/2001 of 6 August 2001 (1) and in the version of Commission Regulation (EC) No 1832/2002 of 1 August 2002, (2) to be interpreted as meaning that a product described as a ‘malt beer base’ with an alcoholic strength by volume of approximately 14 %, obtained from brewed beer which has been clarified and then subjected to ultrafiltration, by which the concentration of ingredients such as bitter substances and proteins has been reduced, is to be classified under heading 2208?


(1)  Commission Regulation (EC) No 2031/2001 of 6 August 2001, amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ 2001 L 279, p. 1.

(2)  Commission Regulation (EC) No 1832/2002 of 1 August 2002, amending Annex I to Council
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ 2002 L 290, p. 1.
Joined Cases C-536/08 and C-539/08: Judgment of the Court (Third Chamber) of 22 April 2010 (references for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v X (C-536/08), fiscale eenheid Facet BV/Facet Trading BV (C-539/08) (Sixth VAT Directive — Article 17(2) and (3) — Article 28b(A)(2) — Right to deduction — Transitional arrangements for the taxation of trade between Member States — Place of the intra-Community acquisitions of goods)
Date: 2010-04-22
Institutions: Court of Justice
Subjects: Community acquis, Netherlands, interpretation of the law








C_2010161EN.01001002.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/10






Judgment of the Court (Third Chamber) of 22 April 2010 (references for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v X (C-536/08), fiscale eenheid Facet BV/Facet Trading BV (C-539/08)
(Joined Cases C-536/08 and C-539/08) (1)

(Sixth VAT Directive - Article 17(2) and (3) - Article 28b(A)(2) - Right to deduction - Transitional arrangements for the taxation of trade between Member States - Place of the intra-Community acquisitions of goods)
(2010/C 161/13)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Staatssecretaris van Financiën

Defendants: X (C-536/08), fiscale eenheid Facet BV/Facet Trading BV (C-539/08)

Re:

References for a preliminary ruling — Hoge Raad der Nederlanden (Den Haag) — Interpretation of Article 17(2) and (3) and Article 28b(A)(2) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Transitional arrangements for the taxation of trade between Member States — Place of intra-Community acquisitions of goods

Operative part of the judgment

Articles 17(2) and (3) and 28b(A)(2) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 92/111/EEC of 14 December 1992, must be interpreted as meaning that a taxable person coming within the situation referred to in the first subparagraph of Article 28b(A)(2) does not have the right immediately to deduct the input value added tax charged on an intra-Community acquisition.


(1)  OJ C 44, 21.2.2009.
Case C-346/08: Judgment of the Court (Third Chamber) of 22 April 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2001/80/EC — Pollution and nuisance — Combustion plants — Limitation of emissions of certain pollutants into the air — Directive not applied to the Lynemouth power plant (United Kingdom))
Date: 2010-04-22
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, atmospheric pollutant, pollution, pollution control measures, power plant








C_2010161EN.01000701.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/7






Judgment of the Court (Third Chamber) of 22 April 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-346/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2001/80/EC - Pollution and nuisance - Combustion plants - Limitation of emissions of certain pollutants into the air - Directive not applied to the Lynemouth power plant (United Kingdom))
(2010/C 161/09)
Language of the case: English

Parties


Applicant: European Commission (represented by: P. Oliver and A. Alcover San Pedro, acting as Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: L. Seeboruth, acting as Agent, and D. Wyatt QC)

Re:

Failure of a Member State to fulfil obligations — Infringement, so far as concerns the power plant in Lynemouth, Northumberland, of Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ 2001 L 309, p. 1) — Failure to have achieved significant reductions in emissions from that plant within the period prescribed in Article 4(3) of the directive

Operative part of the judgment

The Court:






1.


Declares that, by failing to apply Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants to the power plant operated by Rio Tinto Alcan Smelting and Power (UK) Ltd in Lynemouth, in north-east England, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;










2.


Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.






(1)  OJ C 260, 11.10.2008.
Prior notification of a concentration (Case COMP/M.5781 — Total Holdings Europe S.A.S./ERG SPA/JV) Text with EEA relevance
Date: 2010-04-22
Institutions: European Commission
Subjects: chemical industry, distributive trades, economic concentration, exchange of information, merger control, oil industry, oil refining








C_2010103EN.01001301.xml










22.4.2010   


EN


Official Journal of the European Union


C 103/13





Prior notification of a concentration
(Case COMP/M.5781 — Total Holdings Europe S.A.S./ERG SPA/JV)
(Text with EEA relevance)
2010/C 103/06






1.


On 14 April 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Total Italia Spa. (‘Total Italia’, Italy) wholly controlled by Total Holdings Europe S.A.S. (‘Total’, France, collectively ‘Total group’) and ERG Petroli Spa. (‘EGP’, Italy) fully owned by ERG Spa. (‘ERG’, Italy, collectively ERG Group), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of JV CO, a newly created joint venture resulting from the merger between EGP and Total Italia.










2.


The business activities of the undertakings concerned are:






—


for Total: production of oil and natural gas, refining and marketing of oil products, petrochemicals and specialty chemicals,










—


for ERG: processing and marketing of petroleum products, generation and sale of thermoelectric power, steam and gas, generation of electricity from renewable sources,










—


for JV CO: refining and marketing of petroleum products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5781 — Total Holdings Europe S.A.S./ERG SPA/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’).
Case C-510/08: Judgment of the Court (Second Chamber) of 22 April 2010 (reference for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Vera Mattner v Finanzamt Velbert (Free movement of capital — Articles 56 EC and 58 EC — Gift tax — Land on which a building has been constructed — Allowance to be set against the taxable value — Different treatment of residents and non-residents)
Date: 2010-04-22
Institutions: Court of Justice
Subjects: EU Member State, interpretation of the law, reassignment, residential mobility








C_2010161EN.01001001.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/10






Judgment of the Court (Second Chamber) of 22 April 2010 (reference for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Vera Mattner v Finanzamt Velbert
(Case C-510/08) (1)

(Free movement of capital - Articles 56 EC and 58 EC - Gift tax - Land on which a building has been constructed - Allowance to be set against the taxable value - Different treatment of residents and non-residents)
(2010/C 161/12)
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Vera Mattner

Defendant: Finanzamt Velbert

Re:

Reference for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation of Articles 39 EC and 43 EC and of Article 56 EC in conjunction with Article 58 EC — National legislation on the taxation of gifts of land fixing the tax-free part of the value of the land at EUR 1 100 if the donor and the acquirer are resident in another Member State, whereas the tax-free part is EUR 205 000 if either the donor or the acquirer is resident in national territory.

Operative part of the judgment

Article 56 EC in conjunction with Article 58 EC must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which provides that, for the calculation of gift tax, the allowance to be set against the taxable value in the case of a gift of immovable property in that State is smaller where the donor and the donee were resident in another Member State on the date of the gift than the allowance which would have applied if at least one of them had been resident in the former Member State on that date.


(1)  OJ C 44, 21.2.2009.
Commission Regulation (EU) No 334/2010 of 22 April 2010 amending Regulation (EC) No 721/2008 as regards the composition of feed additives (Text with EEA relevance)
Date: 2010-04-22
Institutions: European Commission
Subjects: animal nutrition, environmental impact, food additive, food colouring, foodstuffs legislation, health risk








L_2010102EN.01002101.xml










23.4.2010   


EN


Official Journal of the European Union


L 102/21








            COMMISSION REGULATION (EU) No 334/2010
of 22 April 2010
         
amending Regulation (EC) No 721/2008 as regards the composition of feed additives
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:







(1)


Commission Regulation (EC) No 721/2008 (2) authorises a preparation of red carotenoid-rich bacterium Paracoccus carotinifaciens as a feed additive for salmon and trout until 15 August 2018. That feed additive is classified in the category ‘sensory additives’, functional group ‘a (ii). Colourants; substances which when fed to animals add colours to food of animal origin’.












(2)


The Commission received an application requesting a modification of the conditions of the authorisation as regards the composition of the feed additive. That application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (the Authority).












(3)


The Authority concluded in its opinion of January 2010 that the requested modification would not affect the safety and efficacy of the product (3).












(4)


The assessment of the modified preparation shows that it satisfies the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003.












(5)


Regulation (EC) No 721/2008 should therefore be amended accordingly.












(6)


The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,





HAS ADOPTED THIS REGULATION:



Article 1
In the Annex to Regulation (EC) No 721/2008, in the third column, ‘Composition, chemical formula, description, analytical method’,






 


the words






‘—


10-15 g/kg adonirubin










—


3-5 g/kg canthaxanthin’














 


are replaced by the words






‘—


7-15 g/kg adonirubin










—


1-5 g/kg canthaxanthin’.










Article 2
This Regulation shall enter into force on the 20th 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, 22 April 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 268, 18.10.2003, p. 29.

(2)  
            OJ L 198, 26.7.2008, p. 23.

(3)  
            The EFSA Journal (2010); 8(1):1428.
Non-opposition to a notified concentration (Case COMP/M.5835 — Cucina/Brakes/Menigo) Text with EEA relevance
Date: 2010-04-22
Institutions: European Commission
Subjects: catering industry, disclosure of information, distributive trades, economic concentration, foodstuff, investment company, merger control, private investment, restrictive-practice authorisation








C_2010103EN.01000601.xml










22.4.2010   


EN


Official Journal of the European Union


C 103/6





Non-opposition to a notified concentration
(Case COMP/M.5835 — Cucina/Brakes/Menigo)
(Text with EEA relevance)
2010/C 103/02
On 13 April 2010, 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 32010M5835. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 337/2010 of 22 April 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-04-22
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2010102EN.01002701.xml










23.4.2010   


EN


Official Journal of the European Union


L 102/27








            COMMISSION REGULATION (EU) No 337/2010
of 22 April 2010
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 23 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


JO 


94,2 




MA 


90,1 




TN 


106,8 




TR 


99,1 




ZZ 


97,6 




0707 00 05 


MA 


45,9 




TR 


111,1 




ZZ 


78,5 




0709 90 70 


MA 


86,8 




TR 


91,8 




ZZ 


89,3 




0805 10 20 


EG 


45,1 




IL 


54,0 




MA 


52,3 




TN 


48,9 




TR 


57,7 




ZZ 


51,6 




0805 50 10 


EG 


65,6 




IL 


58,2 




TR 


63,3 




ZA 


63,4 




ZZ 


62,6 




0808 10 80 


AR 


94,2 




BR 


79,8 




CA 


113,4 




CL 


86,0 




CN 


78,5 




MK 


24,7 




NZ 


120,7 




US 


134,1 




UY 


78,3 




ZA 


82,2 




ZZ 


89,2 




0808 20 50 


AR 


95,6 




CL 


102,2 




CN 


76,1 




NZ 


167,4 




ZA 


93,8 




ZZ 


107,0 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Corrigendum to the publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ( OJ C 162, 15.7.2009 )
Date: 2010-04-22
Institutions: European Commission
Subjects: Spain, location of production, olive oil, originating product, product designation








C_2010103EN.01002301.xml










22.4.2010   


EN


Official Journal of the European Union


C 103/23





Corrigendum to the publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

(
Official Journal of the European Union C 162 of 15 July 2009
)

2010/C 103/09
On page 19, under ‘Publication reference of the specification’:
for:

‘(Article 5(7) of Regulation (EC) No 510/2006)
http://docm.jccm.es/portaldocm/verDiarioAntiguo.do?ruta=2006/12/14
Department of Agriculture Decision of 28 November 2006 granting the application to register Aceite Campo de Montiel as a Protected Designation of Origin (Resolución de 28 noviembre de 2006, de la Consejería de Agricultura, por la que se emite decisión favorable en relación con la solicitud de registro de la Denominación de Origen Protegida Aciete Campo de Montiel).’,

read:

‘http://docm.jccm.es/portaldocm/descargarArchivo.do?ruta=2009/12/01/pdf/2009_17997.pdf&tipo=rutaDocm’.
Case T-183/10: Action brought on 22 April 2010 — Sviluppo Globale v Commission
Date: 2010-04-22
Institutions: General Court
Subjects: European Commission, Italy, Syria, action for annulment (EU), invitation to tender, provision of services








C_2010179EN.01004202.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/42






Action brought on 22 April 2010 — Sviluppo Globale v Commission
(Case T-183/10)
(2010/C 179/75)
Language of the case: Italian

Parties


Applicant: Sviluppo Globale GEIE (Rome, Italy) (represented by: F. Sciaudone, lawyer, R. Sciaudone, lawyer, and A. Neri, lawyer)

Defendant: European Commission

Form of order sought







—


Annul the Commission decision of 14 February 2010;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

The present action has been brought against the Commission’s decision of 14 February 2010 by which the Commission, in its capacity as contracting authority, notified Sviluppo Globale GEIE, the applicant, that it had excluded the consortium led by it from the short list drawn up for the restricted procedure EuropeAid/129038/C/SER/SY for the supply to the Syrian Government of technical assistance services designed to facilitate decentralisation and local development.
In support of its action for annulment, Sviluppo Globale GEIE alleges manifest error in the interpretation and application of the selection criteria laid down in the tender specifications. In particular, it argues, the Commission misapplied the selection criteria laid down in the tender specifications in respect of technical capability, thereby excluding the consortium led by Sviluppo Globale GEIE from the short list, despite the fact that it fulfilled the requirements laid down in those specifications. Such a manifest error on the part of the contracting authority can be seen clearly simply by comparing the technical capability requirements laid down for admission to the short list in question, on the one hand, with the actual technical capability of the consortium led by Sviluppo Globale GEIE, on the other.
Moreover, and in any event, Sviluppo Globale GEIE submits that the reasons stated for the exclusionary decision of 14 February 2010 are inadequate, in that no explanation is given as to why its tender does not satisfy the selection criteria relating to technical capability as laid down in the tender specifications.