do-me/EUR-LEX huggingface dataset:
DRAFT General Budget of the European Union for the financial year 2011
Date: 2010-06-15
Institutions: European Commission
Subjects: EU financial instrument, budget policy, draft budget, financial year, general budget

EUROPEAN COMMISSION 

Brussels, 15.6.2010 
COM(2010)300 final 

DOCUMENTS 
DRAFT General Budget 
of the European Union 
for the financial year 2011 

VOLUME 3 
SECTION III 
COMMISSION 

Revenue 
Expenditure 
Annexes 

— Publications Office 
— European anti-fraud Office 
— European personnel selection Office 
— Office for administration and payment of individual entitlements 
— Infrastructure and logistics Office, Brussels 
— Infrastructure and logistics Office, Luxembourg 
— European economic area 
— List of budget headings open to candidate countries 
—  Borrowing-and-lending  operations  —  Borrowing-and-lending  operations  guaranteed  by  the  General 
Budget 
— Overall list of changes in the nomenclature between the 2010 budget and the 2011 draft budget 

Staff 

— Commission 
— Offices 
— Bodies set up by the European Union and having legal personality 

http://eur-lex.europa.eu/budget/data/DB_2011/EN/SEC03.pdf 

EN 

   EN
Proposal for a decision on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee European Parliament decision of 15 June 2010 on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee
Date: 2010-06-15
Institutions: European Parliament
Subjects: ACP-EU institution, composition of a parliamentary committee, operation of the Institutions








CE2011236EN.01015901.xml










12.8.2011   


EN


Official Journal of the European Union


CE 236/159





Tuesday 15 June 2010Proposal for a decision on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee
P7_TA(2010)0211
European Parliament decision of 15 June 2010 on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee
2011/C 236 E/30

The European Parliament,
having regard to the Constituent Act of 29 December 2008 of the CARIFORUM-EU Parliamentary Committee,
having regard to Rule 198 of its Rules of Procedure,






1.


Decides to set up a Delegation to the CARIFORUM-EU Parliamentary Committee;










2.


Decides that the numerical strength of the delegation shall be 15 full members;










3.


Decides that nine members shall be taken from the Committee on International Trade and six from the Committee on Development;










4.


Instructs its President to forward this decision to the Council and the Commission for information.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections  (Text with EEA relevance)
Date: 2010-06-15
Institutions: European Commission
Subjects: Italy, State aid, control of State aid, indemnification, natural disaster








C_2010155EN.01000101.xml










15.6.2010   


EN


Official Journal of the European Union


C 155/1





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2010/C 155/01






Date of adoption of the decision


14.8.2009




Reference number of State Aid


N 201/09




Member State


Italy




Region


Sardinia




Title (and/or name of the beneficiary)


Aiuto di Stato N 201/09 — Italia (Sardegna) — Indennizzo dei danni causati dalle calamità naturali del 22 ottobre 2008, 4 novembre 2008 e 26-30 novembre 2009




Legal basis


Deliberazione della Giunta Regionale n. 13/21 del 24 marzo 2009




Type of measure


Aid scheme




Objective


Compensation of damages caused by natural disasters




Form of aid


Individual grants




Budget


EUR 2 000 000,00




Intensity


Max. 100 %




Duration (period)


Until 31.12.2009




Economic sectors


Fisheries and aquaculture sector




Name and address of the granting authority







Sig. Roberto Doneddu




Regione Autonoma della Sardegna, Assessorato dell'Agricoltura e Riforma Agro-Pastorale




Viale Trieste 163




09123 Cagliari CA




ITALIA








Other information


Annual report




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Case T-547/08: Judgment of the General Court of 15 June 2010 — X Technology Swiss v OHIM (Orange colouring of the toe of a sock) (Community trade mark — Application for a Community trade mark — Orange colouring of the toe of a sock — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Date: 2010-06-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, textile product, trade-mark law








C_2010209EN.01003602.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/36





Judgment of the General Court of 15 June 2010 — X Technology Swiss v OHIM (Orange colouring of the toe of a sock)
(Case T-547/08) (1)

(Community trade mark - Application for a Community trade mark - Orange colouring of the toe of a sock - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
2010/C 209/54
Language of the case: German

Parties


Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Jenewein and G. Schneider, Agents)

Re:

Action brought against decision R 846/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 6 October 2008 relating to an application to register the sign consisting of the orange colouring of the toe of a sock as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders X Technology Swiss GmbH to pay the costs.






(1)  OJ C 55, 7.3.2009.
Case T-118/08: Judgment of the General Court of 15 June 2010 — Actega Terra v OHIM (TERRAEFFEKT matt & gloss) (Community trade mark — Application for the Community word mark TERRAEFFEKT matt & gloss — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Date: 2010-06-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, paints and varnishes, printing, trade-mark law








C_2010209EN.01003302.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/33





Judgment of the General Court of 15 June 2010 — Actega Terra v OHIM (TERRAEFFEKT matt & gloss)
(Case T-118/08) (1)

(Community trade mark - Application for the Community word mark TERRAEFFEKT matt & gloss - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2010/C 209/48
Language of the case: German

Parties


Applicant: Actega Terra GmbH (Lehrte, Germany) (represented by: A. Andorfer-Erhard, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schnäffner, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1467/2007-1) concerning an application for registration of the word sign TERRAEFFEKT matt & gloss as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Actega Terra GmbH to pay the costs.






(1)  OJ C 107, 26.4.2008.
Corrigendum to Commission Regulation (EC) No 948/2009 of 30 September 2009 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 287 of 31.10.2009 )
Date: 2010-06-15
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, customs regulations, tariff nomenclature








L_2010149EN.01002701.xml










15.6.2010   


EN


Official Journal of the European Union


L 149/27







Corrigendum to Commission Regulation (EC) No 948/2009 of 30 September 2009 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
(
Official Journal of the European Union L 287 of 31 October 2009
)

On page 6, Chapter 34:
for:


                  ‘Soap; organic surface-active agents; washing preparations; lubricating preparations; artificial waxes; prepared waxes; polishing or scouring preparations; candles and similar articles, modelling pastes; ‘dental waxes’ and dental preparations with a basis of plaster’,

read:


                  ‘Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and dental preparations with a basis of plaster’;

Section XII:
for:


                  ‘Footwear; headgear; umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding-crops and parts thereof; …’,

read:


                  ‘Footwear, headgear, umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding-crops and parts thereof; …’;

Chapter 66:
for:

               ‘…, riding crops …’,
read:

               ‘…, riding-crops …’;
On page 7, Chapter 77:
for:

               ‘(… the Harmonised system)’,
read:

               ‘(… the Harmonised System)’;
On page 171, the line after CN code 2204 29 82 , column 3:
delete:

               ‘l’ ;
On page 313:






 


CN code 4412 99 40 , column 3:







for


:


‘10 (1)’,




read


:


‘10’;














 


CN code 4412 99 50 , column 3:







for


:


‘10 (1)’,




read


:


‘10’;








On page 809, column 1:
for:

               ‘
               3003 90 10 
               ’,
read:

               ‘
               3003 90 00 
               ’;
On page 809, column 1:
for:

               ‘
               3003 90 90 
               ’,
read:

               ‘
               3003 90 00 
               ’;
On page 811, column 1:
for:

               ‘
               3907 20 21 
               ’,
read:

               ‘
               3907 20 20 
               ’;
On page 811, column 1:
for:

               ‘
               3907 99 19 
               ’,
read:

               ‘
               3907 99 90 
               ’;
On page 812, column 1:
for:

               ‘
               3912 39 80 
               ’,
read:

               ‘
               3912 39 85 
               ’.
Prior notification of a concentration (Case COMP/M.5905 — Sacyr/Eiser/Aunor/Turia/Itemosa/Itepesa) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-06-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment, maintenance, management, merger control, service concession, transport infrastructure








C_2010155EN.01001101.xml










15.6.2010   


EN


Official Journal of the European Union


C 155/11





Prior notification of a concentration
(Case COMP/M.5905 — Sacyr/Eiser/Aunor/Turia/Itemosa/Itepesa)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 155/05






1.


On 4 June 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 undertaking Eiser Infrastructure Ltd (‘Eiser’, UK) acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Autovía del Noroeste Concesionaria, SA (‘Aunor’, Spain), Autoviía del Turia Concesionaria de la Generalitat Valenciana, SA (‘Turia’, Spain), Intercambiador de Transportes Moncloa SA (‘Itemosa’, Spain) and Intercambiador de Transportes Plaza Elíptica, SA (‘Itepesa’, Spain), all four currently controlled by Sacyr Vallehermoso SA (‘Sacyr’, Spain), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for undertaking Sacyr: construction, maintenance and operation of public infrastructure concessions,










—


for undertaking Eiser: investing into and managing infrastructure activities,










—


for undertakings Aunor, Turia, Itemosa and Itepesa: maintenance and operation of a public infrastructure concession.














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.5905 — Sacyr/Eiser/Aunor/Turia/Itemosa/Itepesa, 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’).
Case F-51/09: Order of the Civil Service Tribunal (Second Chamber) of 15 June 2010 — Petrilli v Commission
Date: 2010-06-15
Institutions: Civil Service Tribunal
Subjects: European Commission, Italy, action by staff, action for annulment, aid system, fine, residence








C_2010209EN.01005701.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/57





Order of the Civil Service Tribunal (Second Chamber) of 15 June 2010 — Petrilli v Commission
(Case F-51/09) (1)

()
2010/C 209/92
Language of the case: French
The President of the Second Chamber has ordered that the case be removed from the register, following amicable settlement.


(1)  OJ C 205, 29.8.2009, p. 48.
Action brought on 15 June 2010 by Reassur Aktiengesellschaft against the EFTA Surveillance Authority (Case E-6/10)
Date: 2010-06-15
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, European standard, Liechtenstein, action for failure to fulfil an obligation, application of EU law, harmonisation of standards, insurance








C_2010237EN.01001901.xml










2.9.2010   


EN


Official Journal of the European Union


C 237/19





Action brought on 15 June 2010 by Reassur Aktiengesellschaft against the EFTA Surveillance Authority
(Case E-6/10)
2010/C 237/03
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 15 June 2010 by Reassur Aktiengesellschaft, represented by Ulrich Soltész and Philipp Melcher, acting as agents for Reassur Aktiengesellschaft, Aeulestrasse 5, 9490 Vaduz, LIECHTENSTEIN.
Reassur Aktiengesellschaft requests the EFTA Court to:






1.


Annul the EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 regarding the taxation of captive insurance companies under the Liechtenstein Tax Act, in its entirety;










2.


Annul Article 3 of the EFTA Surveillance Authority’s Decision No 97/10/COL of 24 March 2010 regarding the taxation of captive insurance companies under the Liechtenstein Tax Act, at least insofar as it orders recovery for the period prior to 31 March 2009;
and










3.


Order the EFTA Surveillance Authority to pay the costs of the proceedings.





Legal and factual background and pleas in law adduced in support:







—


The applicant is the reinsurance captive of the Schindler group which has been exclusively engaged in reinsuring certain types of risks of companies belonging to the Schindler group.










—


The applicant contends that since captive (re)insurance companies cover risks, for which insurance coverage is not normally offered by commercial insurance companies, and as their activities are confined to intra-group risk coverage, they are not active in a market where they are in competition with other market players. They are therefore not engaged in an economic activity and do not qualify as undertakings. Consequently, taxation pursuant to the provisions of the Liechtenstein Tax Act concerning taxation of captive (re)insurance companies cannot have distorted competition or intra-EEA trade. The contested tax provisions are not selective and do therefore not constitute State aid.










—


Moreover, the applicant claims that the EFTA Surveillance Authority:






—


was wrong in choosing the procedure applicable to ‘unlawful aid’ and in adopting a recovery decision,










—


violated the principle of legitimate expectations by ordering recovery for the period from 6 November 2001 through at least 31 March 2009.
Case C-211/08: Judgment of the Court (Grand Chamber) of 15 June 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Article 49 EC — Social security — Hospital care needed during a temporary stay in another Member State — Lack of right to assistance from the competent institution to supplement that of the institution of the Member State of stay)
Date: 2010-06-15
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, family benefit, health care, social-security benefit, worker (EU)








C_2010221EN.01000202.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/2





Judgment of the Court (Grand Chamber) of 15 June 2010 — European Commission v Kingdom of Spain
(Case C-211/08) (1)

(Failure of a Member State to fulfil obligations - Article 49 EC - Social security - Hospital care needed during a temporary stay in another Member State - Lack of right to assistance from the competent institution to supplement that of the institution of the Member State of stay)
2010/C 221/03
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: E. Traversa and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, Agent)

Interveners in support of the defendant: Kingdom of Belgium (represented by M. Jacobs and L. Van den Broeck, Agents), Kingdom of Denmark (represented by J. Bering Liisberg and R. Holdgaard, Agents), Republic of Finland (represented by A. Guimaraes-Purokoski, Agent), United Kingdom of Great Britain and Northern Ireland (represented by H. Walker, Agent and M. Hoskins, Barrister)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC and Article 22(1)(a)(i) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ 1971 L 149, p. 2) — Non-reimbursement of hospital costs incurred abroad — Exceptional circumstances

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs;










3.


Orders the Kingdom of Belgium, the Kingdom of Denmark, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 197, 2.8.2008.
Case C-294/10: Reference for a preliminary ruling from the Augstākās tiesas Senāts (Republic of Latvia) lodged on 15 June 2010 — Andrejs Eglītis and Edvards Ratnieks v Ekonomikas Ministrija
Date: 2010-06-15
Institutions: Court of Justice
Subjects: Latvia, air transport, carrier, consumer protection, indemnification, interpretation of the law








C_2010221EN.01002901.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/29





Reference for a preliminary ruling from the Augstākās tiesas Senāts (Republic of Latvia) lodged on 15 June 2010 — Andrejs Eglītis and Edvards Ratnieks v Ekonomikas Ministrija
(Case C-294/10)
()
2010/C 221/46
Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings


Applicant: Andrejs Eglītis, Edvards Ratnieks

Defendant: Latvijas Republikas Ekonomikas Ministrija

Questions referred







1.


Is Article 5(3) of Regulation (EC) No 261/2004 (1) of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, to be interpreted as meaning that an air carrier is required, in order to be found to have taken all reasonable measures to avoid extraordinary circumstances, to organise its resources in good time so that it is possible to operate a programmed flight once the unforeseen extraordinary circumstances have ceased to obtain, that is to say, during a certain period following the scheduled departure time?










2.


If the first question is answered in the affirmative, does Article 6(1) of Regulation No 261/2004 apply for the purpose of determining the minimum ‘reserve time’ which the air carrier, when organising its resources at the appropriate time, must provide for as a possible foreseeable delay in the event that extraordinary circumstances arise?






(1)  OJ 2004 L 46, p. 1.
Case T-177/07: Judgment of the General Court of 15 June 2010 — Mediaset v Commission (State aid — Telecommunications — Subsidised purchase of digital decoders — Decision declaring the aid incompatible with the common market and ordering its recovery — Concept of State aid — Exclusion of decoders for the reception of television programmes broadcast by satellite — Advantage — Selective nature — Adverse effect on competition — Obligation to state reasons)
Date: 2010-06-15
Institutions: General Court
Subjects: European Commission, Italy, State aid, action for annulment, audiovisual equipment, control of State aid, high-definition television, pay television, purchase








C_2010209EN.01003202.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/32





Judgment of the General Court of 15 June 2010 — Mediaset v Commission
(Case T-177/07) (1)

(State aid - Telecommunications - Subsidised purchase of digital decoders - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of State aid - Exclusion of decoders for the reception of television programmes broadcast by satellite - Advantage - Selective nature - Adverse effect on competition - Obligation to state reasons)
2010/C 209/46
Language of the case: English

Parties


Applicant: Mediaset SpA (Milan, Italy) (represented by: K. Adamantopoulos, G. Rossi, E. Petritsi and A. Nucara, lawyers, and by D. O’Keeffe and P. Boyle, Solicitors)

Defendant: European Commission (represented by: B. Martenczuk, G. Conte and E. Righini, acting as Agents)

Intervener in support of the defendant: Sky Italia Srl (Rome, Italy) (represented intially by: F.E. González Díaz and D. Gerard, and subsequently by F.E. González Díaz, lawyers)

Re:

Application for the annulment of Commission Decision 2007/374/EC of 24 January 2007 on State aid C 52/2005 (ex NN 88/2005, ex CP 101/2004) implemented by the Italian Republic for the subsidised purchase of digital decoders (OJ 2007 L 147, p. 1)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mediaset SpA to bear its own costs and to pay those of the European Commission and Sky Italia Srl.






(1)  OJ C 170, 21.7.2007.