do-me/EUR-LEX huggingface dataset:
Case C-492/08: Judgment of the Court (First Chamber) of 17 June 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2006/112/EC — Value added tax — Reduced rate — Articles 96 and 98(2) — Annex III, point 15 — Legal aid — Services of lawyers — Payment in full or in part by the State)
Date: 2010-06-17
Institutions: Court of Justice
Subjects: European Commission, France, VAT, action for failure to fulfil an obligation, lawyer, provision of services








C_2010221EN.01000602.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/6





Judgment of the Court (First Chamber) of 17 June 2010 — European Commission v French Republic
(Case C-492/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/112/EC - Value added tax - Reduced rate - Articles 96 and 98(2) - Annex III, point 15 - Legal aid - Services of lawyers - Payment in full or in part by the State)
2010/C 221/09
Language of the case: French

Parties


Applicant: European Commission (represented by: M. Afonso, Agent)

Defendant: French Republic (represented by: G. de Bergues and J.-S. Pilczer, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 96 and 98(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1; ‘the VAT directive’) — Reduced rate of VAT — Categories of services listed in Annex III to the VAT directive which can benefit from a reduced rate — Reduction in the rate of VAT for services provided by lawyers paid by the State under the legal aid scheme

Operative part of the judgment

The Court:






1.


Declares that, in applying a reduced rate of value added tax to the supply of services by avocats, avocats au Conseil d’État et à la Cour de cassation and avoués, for which they are paid in full or in part by the State under the legal aid scheme, the French Republic has failed to fulfil its obligations under Articles 96 and 98(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 19, 24.01.2009.
Joined Cases T-428/07 and T-455/07: Judgment of the General Court of 17 June 2010 — CEVA v Commission (Arbitration clause — Contracts entered into under a specific research, technological development and demonstration programme in the field of ‘Quality of life and management of living resources (1998-2002)’ — Seahealth and Biopal projects — Debit notes — Applications for annulment — Reclassification of the actions — Admissibility — Rule that the parties should be heard and rights of the defence — Recovery of all the financial contributions paid by the European Union — Serious financial irregularities)
Date: 2010-06-17
Institutions: General Court
Subjects: EU financing, European Commission, France, action for annulment, appeal, fraud, redemption, rights of the defence








C_2010209EN.01003301.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/33





Judgment of the General Court of 17 June 2010 — CEVA v Commission
(Joined Cases T-428/07 and T-455/07) (1)

(Arbitration clause - Contracts entered into under a specific research, technological development and demonstration programme in the field of ‘Quality of life and management of living resources (1998-2002)’ - Seahealth and Biopal projects - Debit notes - Applications for annulment - Reclassification of the actions - Admissibility - Rule that the parties should be heard and rights of the defence - Recovery of all the financial contributions paid by the European Union - Serious financial irregularities)
2010/C 209/47
Language of the case: French

Parties


Applicant: Centre d'étude et de valorisation des algues SA (CEVA) (Pleubian, France) (represented by: J.-M. Peyrical, lawyer)

Defendant: European Commission (represented by: initially by L. Escobar Guerrero and W. Roels, then by W. Roels, acting as Agents, and E. Bouttier, lawyer)

Re:

Application for annulment, in Case T-428/07, of debit note No 3240908670 of 20 September 2007, relating to the Seahealth project and, in Case T-455/07, of debit note No 3240909271 of 4 October 2007, relating to the Biopal contract, and that the Commission be ordered to reimburse those debit notes in favour of CEVA.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders each party to bear half of its own costs and half of the costs incurred by the other party.






(1)  OJ C 22, 26.1.2008.
Case C-75/09: Judgment of the Court (Fourth Chamber) of 17 June 2010 (reference for a preliminary ruling from the Commissione tributaria provinciale di Alessandria — Italy) — Agra Srl v Agenzia Dogane Ufficio delle Dogane di Alessandria (Regulation (EEC) No 2913/92 — Community Customs Code — Article 221(3) and (4) — Post-clearance recovery of the customs debt — Limitation period — Act which could give rise to criminal court proceedings)
Date: 2010-06-17
Institutions: Court of Justice
Subjects: Italy, customs inspection, customs regulations, interpretation of the law








C_2010221EN.01001101.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/11





Judgment of the Court (Fourth Chamber) of 17 June 2010 (reference for a preliminary ruling from the Commissione tributaria provinciale di Alessandria — Italy) — Agra Srl v Agenzia Dogane Ufficio delle Dogane di Alessandria
(Case C-75/09) (1)

(Regulation (EEC) No 2913/92 - Community Customs Code - Article 221(3) and (4) - Post-clearance recovery of the customs debt - Limitation period - Act which could give rise to criminal court proceedings)
2010/C 221/17
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Alessandria

Parties to the main proceedings


Applicant: Agra Srl

Defendant: Agenzia Dogane Ufficio delle Dogane di Alessandria

Re:

Reference for a preliminary ruling — Commissione Tributaria Provinciale di Alessandria — Interpretation of Article 221(3) and (4) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Recovery of the customs debt — Exceeding the time-limit for communicating the amount of duty to be recovered in the case of a debt resulting from an act that could give rise to criminal court proceedings — National legislation providing for the suspension of that time-limit until the decision given on the criminal proceedings initiated because of the act that caused the customs debt has become definitive.

Operative part of the judgment

Article 221(3) and (4) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16 November 2000, must be interpreted as not precluding national legislation under which, where the failure to pay customs duty has its origins in a criminal offence, time for the purposes of the limitation period for recovery of the customs debt is to run from the date on which the order or judgment in the criminal proceedings becomes final.


(1)  OJ C 102, 1.5.2009.
Commission Regulation (EU) No 523/2010 of 17 June 2010 granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2010-06-17
Institutions: European Commission
Subjects: award of contract, export licence, export refund, milk product








L_2010152EN.01000301.xml










18.6.2010   


EN


Official Journal of the European Union


L 152/3








            COMMISSION REGULATION (EU) No 523/2010
of 17 June 2010
         
granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


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 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a permanent tender.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 15 June 2010.












(3)


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 the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 15 June 2010, no export refund shall be granted for the products and destinations referred to in points (a) and (b) of Article 1 and in Article 2 of that Regulation.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Commission Regulation (EU) No 528/2010 of 17 June 2010 not fixing a minimum selling price in response to the second individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2010-06-17
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2010152EN.01000901.xml










18.6.2010   


EN


Official Journal of the European Union


L 152/9








            COMMISSION REGULATION (EU) No 528/2010
of 17 June 2010
         
not fixing a minimum selling price in response to the second individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010


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 43(j), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EU) No 447/2010 (2) has opened the sales of skimmed milk powder by a tendering procedure, in accordance with the conditions provided for in Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3).












(2)


In the light of the tenders received in response to individual invitations to tender, the Commission should fix a minimum selling price or should decide not to fix a minimum selling price, in accordance with Article 46(1) of Regulation (EU) No 1272/2009.












(3)


In the light of the tenders received for the second individual invitation to tender, no minimum selling price should be fixed.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the second individual invitation to tender for selling of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010, in respect of which the time limit for the submission of tenders expired on 15 June 2010, no minimum selling price for skimmed milk powder shall be fixed.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 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 126, 22.5.2010, p. 19.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Commission Regulation (EU) No 526/2010 of 17 June 2010 on the issue of import licences for applications submitted in the first seven days of June 2010 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
Date: 2010-06-17
Institutions: European Commission
Subjects: beef, import licence, product quality, tariff quota








L_2010152EN.01000701.xml










18.6.2010   


EN


Official Journal of the European Union


L 152/7








            COMMISSION REGULATION (EU) No 526/2010
of 17 June 2010
         
on the issue of import licences for applications submitted in the first seven days of June 2010 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009


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),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:







(1)


Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.












(2)


Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 7 June 2010 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,





HAS ADOPTED THIS REGULATION:



Article 1
Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 7 June 2010 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 0,433989 %.


Article 2
This Regulation shall enter into force on the 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, 17 June 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 182, 15.7.2009, p. 25.
Case C-423/08: Judgment of the Court (Fourth Chamber) of 17 June 2010 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Own resources — Procedures for collecting import or export duties — Failure to comply with the time-limits for entry of the own resources — Late payment of own resources relating to those duties)
Date: 2010-06-17
Institutions: Court of Justice
Subjects: EAEC Decision, Italy, action for failure to fulfil an obligation, customs tariff, regulation (EU)








C_2010221EN.01000601.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/6





Judgment of the Court (Fourth Chamber) of 17 June 2010 — European Commission v Italian Republic
(Case C-423/08) (1)

(Failure of a Member State to fulfil obligations - Own resources - Procedures for collecting import or export duties - Failure to comply with the time-limits for entry of the own resources - Late payment of own resources relating to those duties)
2010/C 221/08
Language of the case: Italian

Parties


Applicant: European Commission (represented by: A. Aresu and A. Caeiros, Agents)

Defendant: Italian Republic (represented by: I. Bruni, Agent, G. Albenzio and F. Arena, avvocati dello Stato)

Intervener in support of the defendant: Republic of Finland (represented by: J. Heliskoski, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 6, 9, 10 and 11 of Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, on the system of the Communities’ own resources (OJ 1989 L 155, p. 1), Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources (OJ 2000 L 130, p.1), and Article 220 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Delay in payment of Communities’ own resources in the event of subsequent recovery of import duties

Operative part of the judgment

The Court:






1.


Declares that, by failing to comply with the time-limits for entry of the Communities’ own resources in the event of subsequent recovery and by delaying payment of those resources, the Italian Republic has failed to fulfil its obligations under Articles 2, 6 and 9 to 11 of Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities’ own resources, and the same articles of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources, and under Article 220 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code.










2.


Orders the Italian Republic to pay the costs.










3.


Orders the Republic of Finland to bear its own costs.






(1)  OJ C 313, 6.12.2008.
Euro exchange rates
Date: 2010-06-17
Institutions: European Commission
Subjects: euro, exchange rate








C_2010157EN.01000101.xml










17.6.2010   


EN


Official Journal of the European Union


C 157/1





Euro exchange rates (1)

16 June 2010
2010/C 157/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2277




JPY


Japanese yen


112,15




DKK


Danish krone


7,4382




GBP


Pound sterling


0,83085




SEK


Swedish krona


9,6014




CHF


Swiss franc


1,3888




ISK


Iceland króna


 




NOK


Norwegian krone


7,8780




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,741




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


281,07




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7073




PLN


Polish zloty


4,0925




RON


Romanian leu


4,2360




TRY


Turkish lira


1,9291




AUD


Australian dollar


1,4261




CAD


Canadian dollar


1,2631




HKD


Hong Kong dollar


9,5658




NZD


New Zealand dollar


1,7651




SGD


Singapore dollar


1,7141




KRW


South Korean won


1 487,22




ZAR


South African rand


9,3836




CNY


Chinese yuan renminbi


8,3880




HRK


Croatian kuna


7,2130




IDR


Indonesian rupiah


11 254,79




MYR


Malaysian ringgit


4,0048




PHP


Philippine peso


56,760




RUB


Russian rouble


38,3500




THB


Thai baht


39,796




BRL


Brazilian real


2,2048




MXN


Mexican peso


15,5151




INR


Indian rupee


57,1620






(1)  Source: reference exchange rate published by the ECB.
Case C-413/08 P: Judgment of the Court (Second Chamber) of 17 June 2010 — Lafarge SA v European Commission, Council of the European Union (Appeal — Agreements, decisions and concerted practices — Plasterboard — Distortion of the clear sense of the evidence — Burden of proof — No proper statement of reasons — Regulation No 17 — Article 15(2) — Penalty — Repeated infringement — Stage at which the deterrent effect of the fine is to be taken into account)
Date: 2010-06-17
Institutions: Court of Justice
Subjects: European Commission, appeal, building industry, equal treatment, fine, legal hearing, plaster








C_2010221EN.01000502.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/5





Judgment of the Court (Second Chamber) of 17 June 2010 — Lafarge SA v European Commission, Council of the European Union
(Case C-413/08 P) (1)

(Appeal - Agreements, decisions and concerted practices - Plasterboard - Distortion of the clear sense of the evidence - Burden of proof - No proper statement of reasons - Regulation No 17 - Article 15(2) - Penalty - Repeated infringement - Stage at which the deterrent effect of the fine is to be taken into account)
2010/C 221/07
Language of the case: French

Parties


Appellant: Lafarge SA (represented by: A. Winckler, F. Brunet, E. Paroche, H. Kanellopoulos and C. Medina, avocats)

Other parties to the proceedings: European Commission (represented by: F. Castillo de la Torre and N. von Lingen, Agents), Council of the European Union

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 8 July 2008 in Case T-54/03 Lafarge SA v Commission rejecting the appellant’s action for the annulment of the Commission’s decision of 27 November 2002, which imposed a fine on the appellant pursuant to Article 81 EC — Cartel fixing prices in the plasterboard sector — Infringement of the obligation to state adequate grounds and the rules governing the burden of proof — Infringement of the principles of equal treatment and proportionality as regards the calculation of the fine — Concept of ‘repeated infringement’

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Lafarge SA to pay the costs.






(1)  OJ C 327, 20.12.2008.