do-me/EUR-LEX huggingface dataset:
Case T-18/10 R: Order of the President of the General Court of 30 April 2010 — Inuit Tapiriit Kanatami and Others v Parliament and Council (Applications for interim measures — Regulation (EC) No 1007/2009 — Trade in seal products — Ban on import and sale — Exception in favour of Inuit communities — Application for suspension of operation of a measure — Admissibility — Prima facie case — No urgency)
Date: 2010-04-30
Institutions: General Court
Subjects: animal product, animal welfare, application of EU law, import restriction, marketing, protection of animals, seal, summary procedure








C_2010161EN.01004101.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/41






Order of the President of the General Court of 30 April 2010 — Inuit Tapiriit Kanatami and Others v Parliament and Council
(Case T-18/10 R)
(Applications for interim measures - Regulation (EC) No 1007/2009 - Trade in seal products - Ban on import and sale - Exception in favour of Inuit communities - Application for suspension of operation of a measure - Admissibility - Prima facie case - No urgency)
(2010/C 161/64)
Language of the case: English

Parties


Applicants: Inuit Tapiriit Kanatami (Ottawa, Canada); Nattivak Hunters and Trappers Association (Qikiqtarjuaq, Canada); Pangnirtung Hunters’ and Trappers’ Association (Pangnirtung, Canada); Jaypootie Moesesie (Qikiqtarjuaq); Allen Kooneeliusie (Qikiqtarjuaq); Toomasie Newkingnak (Qikiqtarjuaq); David Kuptana (Ulukhaktok, Canada); Karliin Aariak (Iqaluit, Canada); Efstathios Andreas Agathos (Athens, Greece); Canadian Seal Marketing Group (Quebec, Canada); Ta Ma Su Seal Products (Cap-aux-Meules, Canada); Fur Institute of Canada (Ottawa); NuTan Furs, Inc (Catalina, Canada); GC Rieber Skinn AS (Bergen, Norway); Inuit Circumpolar Conference Greenland (ICC) (Nuuk, Greenland, Denmark); Johannes Egede (Nuuk); and Kalaallit Numaanni Aalisartut Piniartullu Kattuffiat (KNAPK) (Nuuk) (represented by: J. Bouckaert, M. van der Woude and H. Viaene, lawyers)

Defendants: European Parliament (represented by I. Anagnostopoulou and L. Visaggio, acting as Agents) and Council of the European Union (represented by: M. Moore and K. Michoel, acting as Agents)

Re:

Application for suspension of the operation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ 2009 L 286, p. 36)

Operative part of the order







1.


The opinion of the Legal Service of the Council of the European Union of 18 February 2009 on the proposal for a Regulation of the European Parliament and of the Council concerning trade in seal products, submitted by the Commission of the European Communities (COM(2008) 469 final of 23 July 2008), set out in Annex A-4 to the application for interim measures, and the extract from that opinion contained in paragraph 16 of that application are removed from the file in Case T-18/10 R.










2.


The application for interim measures is dismissed.










3.


The costs are reserved.
Decision of the EEA Joint Committee No 46/2010 of 30 April 2010 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2010-04-30
Institutions: EEA Joint Committee
Subjects: approval, electricity storage device, electronic waste, environmental protection, marketing, marketing restriction, quality of the environment, registration tax, waste management




L_2010181EN.01001401.xml










15.7.2010   


EN


Official Journal of the European Union


L 181/14








            DECISION OF THE EEA JOINT COMMITTEE
         
No 46/2010
of 30 April 2010
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 26/2010 of 12 March 2010 (1).












(2)


Commission Decision 2009/603/EC of 5 August 2009 establishing requirements for registration of producers of batteries and accumulators in accordance with Directive 2006/66/EC of the European Parliament and of the Council (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 12zs (Commission Regulation (EC) No 771/2008) of Chapter XV of Annex II to the Agreement:






‘12zt.



32009 D 0603: Commission Decision 2009/603/EC of 5 August 2009 establishing requirements for registration of producers of batteries and accumulators in accordance with Directive 2006/66/EC of the European Parliament and of the Council (OJ L 206, 8.8.2009, p. 13).’






Article 2
The texts of Decision 2009/603/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
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, 30 April 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 143, 10.6.2010, p. 19.

(2)  
            OJ L 206, 8.8.2009, p. 13.

(*1)  Constitutional requirements indicated.
Decision of the EEA Joint Committee No 57/2010 of 30 April 2010 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2010-04-30
Institutions: EEA Joint Committee
Subjects: EU employment policy, education policy, professional qualifications, student mobility, teaching curriculum, teaching quality, vocational education




L_2010181EN.01002601.xml










15.7.2010   


EN


Official Journal of the European Union


L 181/26








            DECISION OF THE EEA JOINT COMMITTEE
         
No 57/2010
of 30 April 2010
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Articles 86 and 98 thereof,

Whereas:







(1)


Protocol 31 to the Agreement was amended by Decision of the EEA Joint Committee No 16/2010 of 29 January 2010 (1).












(2)


It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Recommendation of the European Parliament and of the Council 2009/C 155/01 of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training (2).












(3)


It is appropriate to extend the cooperation of the Contracting Parties to the Agreement to include Recommendation of the European Parliament and of the Council 2009/C 155/02 of 18 June 2009 on the establishment of a European Credit System for Vocational Education and Training (ECVET) (3),





HAS DECIDED AS FOLLOWS:



Article 1
The following indents shall be added in paragraph 8 of Article 4 of Protocol 31 to the Agreement:






‘—



32009 H 0708(01): Recommendation of the European Parliament and of the Council 2009/C 155/01 of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training (OJ C 155, 8.7.2009, p. 1),










—



32009 H 0708(02): Recommendation of the European Parliament and of the Council 2009/C 155/02 of 18 June 2009 on the establishment of a European Credit System for Vocational Education and Training (ECVET) (OJ C 155, 8.7.2009, p. 11).’.






Article 2
This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement (*1).


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, 30 April 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 101, 22.4.2010, p. 26.

(2)  
            OJ C 155, 8.7.2009, p. 1.

(3)  
            OJ C 155, 8.7.2009, p. 11.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 43/2010 of 30 April 2010 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2010-04-30
Institutions: EEA Joint Committee
Subjects: chemical product, consumer information, dangerous substance, environmental risk prevention, food additive, food safety, foodstuffs legislation, marketing standard, plant health legislation




L_2010181EN.01001101.xml










15.7.2010   


EN


Official Journal of the European Union


L 181/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 43/2010
of 30 April 2010
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 3/2010 of 29 January 2010 (1).












(2)


Commission Decision 2009/786/EC of 26 October 2009 releasing the United Kingdom from certain obligations to apply Council Directive 66/402/EEC in respect of Avena strigosa Schreb. (2) is to be incorporated into the Agreement.












(3)


This Decision is not to apply to Liechtenstein,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 78 (Commission Decision 2008/462/EC) under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Chapter III of Annex I to the Agreement:






‘79.



32009 D 0786: Commission Decision 2009/786/EC of 26 October 2009 releasing the United Kingdom from certain obligations to apply Council Directive 66/402/EEC in respect of Avena strigosa Schreb. (OJ L 281, 28.10.2009, p. 5).’






Article 2
The text of Decision 2009/786/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
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, 30 April 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 101, 22.4.2010, p. 9.

(2)  
            OJ L 281, 28.10.2009, p. 5.

(*1)  No constitutional requirements indicated.
Case T-206/10: Action brought on 30 April 2010 — Vesteda Groep v Commission
Date: 2010-04-30
Institutions: General Court
Subjects: Netherlands, State aid, action for annulment (EU), control of State aid, subsidised housing








C_2010179EN.01005301.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/53






Action brought on 30 April 2010 — Vesteda Groep v Commission
(Case T-206/10)
(2010/C 179/90)
Language of the case: Dutch

Parties


Applicant: Vesteda Groep BV (Maastricht, Netherlands) (represented by: G. van der Wal and T. Boesman, lawyers)

Defendant: European Commission

Form of order sought







—


Annul the Commission’s decision of 15 December 2009;










—


order the Commission to pay the costs.





Pleas in law and main arguments

The applicant seeks annulment of Commission Decision C(2010) 26 final of 15 December 2009 relating to State aid E 2/2005 and N 642/2009 (Netherlands) — Existing and special project aid to housing corporations. The applicant relies on three pleas in law in support of its application.
First, the applicant submits that, at paragraphs 25 to 37 of the contested decision, the Commission erred in law in finding that the Netherlands system of financing social housing and all changes to that system since the introduction of the EEC Treaty constitute existing aid and that, on that basis, the Commission’s assessment is made in the context of Article 108(1) TFEU and Chapter 5 of Regulation No 659/1999. (1) According to the applicant, the Commission made errors of assessment, its examination of the changes to that system was inadequate and it gave insufficient reasons for the contested decision.
Second, according to the applicant, the Commission erred in law in the contested decision in accepting on the basis of Article 19 of Regulation No 659/1999 the measures proposed by the Netherlands as referred to in Article 19(1) of Regulation No 659/1999. The appropriate measures accepted by the Commission are inadequate and/or are not suitable for ensuring that the existing aid is compatible with Articles 107 TFEU and 106 TFEU. Furthermore, the Commission applied the requirements of Article 106(2) TFEU incorrectly and gave insufficient reasons for its decision.
Third, the applicant submits that the Commission erred in law in neglecting to initiate the procedure provided for under Article 108(2) TFEU and Article 4(4) of Regulation No 659/1999.


(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1).
Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 May 2010 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 ( OJ L 140, 30.4.2004, p. 1 ))
Date: 2010-04-30
Institutions: European Commission
Subjects: EU Member State, State aid, interest








C_2010111EN.01002801.xml










30.4.2010   


EN


Official Journal of the European Union


C 111/28





Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 May 2010

(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))

2010/C 111/04
Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6). Depending on the use of the reference rate, the appropriate margins have still to be added as defined in this communication. For the discount rate this means that a margin of 100 basis points has to be added. The Commission Regulation (EC) No 271/2008 of 30 January 2008 amending the implementing Regulation (EC) No 794/2004 foresees that, unless otherwise provided for in a specific decision, the recovery rate will also be calculated by adding 100 basis points to the base rate.
Modified rates are indicated in bold.
Previous table published in OJ C 85, 31.3.2010, p. 11.

































From


To


AT


BE


BG


CY


CZ


DE


DK


EE


EL


ES


FI


FR


HU


IE


IT


LT


LU


LV


MT


NL


PL


PT


RO


SE


SI


SK


UK




1.5.2010


 


1,24


1,24


4,92


1,24



2,03



1,24


1,88



2,77



1,24


1,24


1,24


1,24


5,97


1,24


1,24



4,46



1,24



6,47



1,24


1,24


4,49


1,24



7,82



1,02


1,24


1,24


1,16




1.4.2010


30.4.2010


1,24


1,24


4,92


1,24


2,39


1,24


1,88



3,47



1,24


1,24


1,24


1,24



5,97



1,24


1,24



5,90



1,24



8,97



1,24


1,24


4,49


1,24


9,92


1,02


1,24


1,24


1,16




1.3.2010


31.3.2010


1,24


1,24


4,92


1,24


2,39


1,24


1,88



4,73



1,24


1,24


1,24


1,24


7,03


1,24


1,24



7,17



1,24



11,76



1,24


1,24


4,49


1,24


9,92


1,02


1,24


1,24


1,16




1.1.2010


28.2.2010



1,24




1,24




4,92




1,24




2,39




1,24




1,88




6,94




1,24




1,24




1,24




1,24




7,03




1,24




1,24




8,70




1,24




15,11




1,24




1,24




4,49




1,24




9,92




1,02




1,24




1,24




1,16
Decision of the EEA Joint Committee No 45/2010 of 30 April 2010 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2010-04-30
Institutions: EEA Joint Committee
Subjects: EC conformity marking, approximation of laws, fertiliser, labelling, marketing standard, product quality, technical standard




L_2010181EN.01001301.xml










15.7.2010   


EN


Official Journal of the European Union


L 181/13








            DECISION OF THE EEA JOINT COMMITTEE
         
No 45/2010
of 30 April 2010
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 132/2007 of 26 October 2007 (1).












(2)


Commission Regulation (EC) No 1107/2008 of 7 November 2008 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 1 (Regulation (EC) No 2003/2003 of the European Parliament and of the Council) of Chapter XIV of Annex II to the Agreement:






‘—



32008 R 1107: Commission Regulation (EC) No 1107/2008 of 7 November 2008 (OJ L 299, 8.11.2008, p. 13).’.






Article 2
The text of Regulation (EC) No 1107/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
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, 30 April 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 100, 10.4.2008, p. 1.

(2)  
            OJ L 299, 8.11.2008, p. 13.

(*1)  No constitutional requirements indicated.
Case C-208/10: Action brought on 30 April 2010 — European Commission v Portuguese Republic
Date: 2010-04-30
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to act, financial services, national implementing measure








C_2010179EN.01002401.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/24






Action brought on 30 April 2010 — European Commission v Portuguese Republic
(Case C-208/10)
(2010/C 179/39)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: A. Nijenhuis and M. Teles Romão, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Directive 2007/44/EC (1) of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector and, in any event, by failing to communicate them to the Commission, the Portuguese Republic has failed to fulfil its obligations under Directive 2007/44/EC.










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing the directive expired on 20 March 2009.


(1)  OJ 2007 L 247, p. 1.
Decision of the EEA Joint Committee No 53/2010 of 30 April 2010 amending Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) to the EEA Agreement
Date: 2010-04-30
Institutions: EEA Joint Committee
Subjects: equal treatment, gender equality, provision of services, service industry, sexual discrimination, vocational training, worker information, working conditions




L_2010181EN.01002101.xml










15.7.2010   


EN


Official Journal of the European Union


L 181/21








            DECISION OF THE EEA JOINT COMMITTEE
         
No 53/2010
of 30 April 2010
         
amending Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XVIII to the Agreement was amended by Decision of the EEA Joint Committee No 147/2009 of 4 December 2009 (1).












(2)


Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (codified version) (2) is to be incorporated into the Agreement.












(3)


Directive 2009/104/EC repeals Council Directive 89/655/EEC (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The text of point 10 (Council Directive 89/655/EEC) of Annex XVIII to the Agreement shall be replaced by the following:

                  ‘
                  32009 L 0104: Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (codified version) (OJ L 260, 3.10.2009, p. 5).’.


Article 2
The text of Directive 2009/104/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 May 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
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, 30 April 2010.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 62, 11.3.2010, p. 45.

(2)  
            OJ L 260, 3.10.2009, p. 5.

(3)  
            OJ L 393, 30.12.1989, p. 13.

(*1)  No constitutional requirements indicated.