do-me/EUR-LEX huggingface dataset:
Case C-299/10: Reference for a preliminary ruling from the Tribunal Judicial de Amares (Portugal) lodged on 17 June 2010 — Cristiano Marques Vieira v Companhia de Seguros Tranquilidade SA
Date: 2010-06-17
Institutions: Court of Justice
Subjects: approximation of laws, indemnification, interpretation of the law, motor vehicle insurance, third-party insurance, transport accident








C_2010234EN.01002502.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/25





Reference for a preliminary ruling from the Tribunal Judicial de Amares (Portugal) lodged on 17 June 2010 — Cristiano Marques Vieira v Companhia de Seguros Tranquilidade SA
(Case C-299/10)
()
2010/C 234/41
Language of the case: Portuguese

Referring court

Tribunal Judicial de Amares

Parties to the main proceedings


Applicant: Cristiano Marques Vieira

Defendant: Companhia de Seguros Tranquilidade SA

Question referred

In a motor vehicle collision in which none of the drivers is liable for the accident on the basis of fault, and which has caused personal injury and material loss to one of the drivers (the injured party claiming compensation, who is a minor), is it contrary to Community law, in particular Article 3(1) of the First Directive (Directive 72/166/EEC), (1) Article 2(1) of the Second Directive (84/5/EEC) (2) and Article 1 of the Third Directive (90/232/EEC), (3) as those provisions have been interpreted by the Court of Justice of the European Communities, for it to be possible to apportion liability for risk (Article 506(1) and (2) of the Código Civil (Portuguese Civil Code)) with a direct impact on the amount of compensation to be awarded to the injured party for the material and non-material loss resulting from the personal injuries suffered (since that apportionment of liability for risk will entail a commensurate reduction in the amount of compensation)?


(1)  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition 1972 (II), p. 360).

(2)  Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17).

(3)  Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33).
Application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania * European Parliament legislative resolution of 17 June 2010 on the draft Council decision on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (06714/2010 – C7-0067/2010 – 2010/0814(NLE))
Date: 2010-06-17
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Bulgaria, Romania, Schengen Information System, exchange of information








CE2011236EN.01023702.xml










12.8.2011   


EN


Official Journal of the European Union


CE 236/237





Thursday 17 June 2010Application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania *
P7_TA(2010)0229
European Parliament legislative resolution of 17 June 2010 on the draft Council decision on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (06714/2010 – C7-0067/2010 – 2010/0814(NLE))
2011/C 236 E/50
(Consultation)

The European Parliament,
having regard to the draft Council decision (06714/2010),
having regard to Article 4 (2) of the Act of Accession of 25 April 2005, pursuant to which the Council consulted Parliament (C7-0067/2010),
having regard to Rule 55 of its Rules of Procedure,
having regard to the report of the Committee of Civil Liberties, Justice and Home Affairs (A7-0199/2010),






1.


Approves the draft Council decision as amended;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;










4.


Instructs its President to forward its position to the Council and the Commission.










TEXT PROPOSED BY THE COUNCIL


AMENDMENT





Amendment 1






Draft decision


Recital 3











(3)


On XXXX 2010, the Council concluded that the conditions in this area had been fulfilled by the Republic of Bulgaria and Romania. It is therefore possible to set a date from which the Schengen acquis relating to the Schengen Information System (SIS) may apply in those Member States.












(3)


On XXXX 2010, the Council concluded that the conditions in this area had been fulfilled by the Republic of Bulgaria and Romania. It is therefore possible to set a date from which the Schengen acquis relating to the Schengen Information System (SIS) may apply in those Member States. 
Each Member State concerned should inform the European Parliament and the Council in writing, in the course of the six-month period beginning on the date of entry into force of this Decision, of the follow-up they intend to give to the recommendations contained in the evaluation reports and mentioned in the follow-up which are still to be implemented.
Commission Regulation (EU) No 527/2010 of 17 June 2010 fixing the minimum selling price for butter for the second individual invitation to tender within the tendering procedure opened by Regulation (EU) No 446/2010
Date: 2010-06-17
Institutions: European Commission
Subjects: award of contract, butter, market intervention, minimum price, selling price








L_2010152EN.01000801.xml










18.6.2010   


EN


Official Journal of the European Union


L 152/8








            COMMISSION REGULATION (EU) No 527/2010
of 17 June 2010
         
fixing the minimum selling price for butter for the second individual invitation to tender within the tendering procedure opened by Regulation (EU) No 446/2010


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 446/2010 (2) has opened the sales of butter by a tendering procedure, in accordance with the common 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, a 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 butter within the tendering procedure opened by Regulation (EU) No 446/2010, in respect of which the time limit for the submission of tenders expired on 15 June 2010, the minimum selling price for butter shall be EUR 355,10/100 kg.


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. 17.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2010-06-17
Institutions: EFTA Surveillance Authority
Subjects: Bulgaria, Norway, State aid, aid to undertakings, control of State aid, environmental protection, environmental research








C_2010157EN.01000501.xml










17.6.2010   


EN


Official Journal of the European Union


C 157/5





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2010/C 157/03
PART I







Aid No


GBER 15/2009/ENV




Member State


Bulgaria




Granting authority


Name


Innovation Norway




Address







Akersgt 13




0158 Oslo




NORWAY








Webpage


http://www.norwaygrants.org




Title of the aid measure


Aid for environmental studies, Norwegian cooperation programme with Bulgaria




National legal basis (Reference to the relevant national official publication)


Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable development in Bulgaria of 25 July 2007 (OJ L 221, 25.8.2007, p. 46)




Web link to the full text of the aid measure


http://www.efta.int/content/legal-texts/eea-enlargement/bulg-2007




Type of measure


Aid for environmental studies


 




Ad hoc aid No


 




Duration


Scheme


21.4.2009 to 30.4.2011




Economic sector(s) concerned


All economic sectors eligible to receive aid


Reduction of green house emission, energy efficiency and renewable energy, facilitating sustainable production




Type of beneficiary


SME


Yes SV-Phoenix Ltd




Large enterprises


No




Budget


Annual overall amount of the budget planned under the scheme


NOK 250 000




 


Grant


Yes




PART II








General Objectives


Objectives


Maximum aid intensity in % or maximum aid amount in national currency


SME — bonuses in %




 


Aid for environmental studies (Article 24)


50 %


20/10 %
Commission Regulation (EU) No 524/2010 of 17 June 2010 granting no export refund for skimmed milk powder 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 refund, skimmed milk powder








L_2010152EN.01000401.xml










18.6.2010   


EN


Official Journal of the European Union


L 152/4








            COMMISSION REGULATION (EU) No 524/2010
of 17 June 2010
         
granting no export refund for skimmed milk powder 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 standing invitation to tender procedure.












(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 product and destinations referred to in point (c) of Article 1 and in Article 2 respectively 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.
Case C-105/08: Judgment of the Court (First Chamber) of 17 June 2010 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Freedom to provide services and free movement of capital — Articles 49 EC and 56 EC and Articles 36 and 40 of the EEA Agreement — Direct taxation — Taxation of interest received — Discriminatory treatment of non-residents — Burden of proof)
Date: 2010-06-17
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, credit, financial institution, interest, provision of services, tax system








C_2010221EN.01000201.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/2





Judgment of the Court (First Chamber) of 17 June 2010 — European Commission v Portuguese Republic
(Case C-105/08) (1)

(Failure of a Member State to fulfil obligations - Freedom to provide services and free movement of capital - Articles 49 EC and 56 EC and Articles 36 and 40 of the EEA Agreement - Direct taxation - Taxation of interest received - Discriminatory treatment of non-residents - Burden of proof)
2010/C 221/02
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: R. Lyal and M. Afonso, Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, J. Menezes Leitão and C. Guerra Santos, Agents)

Intervener in support of the defendant: Republic of Lithuania (represented by: D. Kriaučiūnas and V. Kazlauskaitė-Švenčionienė, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 49 EC and 56 EC — Difference in treatment of taxation of interest paid to financial institutions depending on whether they are resident or not in Portuguese territory

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs;










3.


Orders the Republic of Lithuania to bear its own costs.






(1)  OJ C 116, 9.5.2008.
Prior notification of a concentration (Case COMP/M.5747 — Iberia/British Airways)  Text with EEA relevance
Date: 2010-06-17
Institutions: European Commission
Subjects: air transport, airport, carriage of passengers, economic concentration, exchange of information, freight rate, merger control, provision of services








C_2010157EN.01001901.xml










17.6.2010   


EN


Official Journal of the European Union


C 157/19





Prior notification of a concentration
(Case COMP/M.5747 — Iberia/British Airways)
(Text with EEA relevance)
2010/C 157/11






1.


On 10 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 Iberia Líneas Aéreas de España, S.A. (‘Iberia’, Spain) enters into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation with British Airways Plc (‘British Airways’, United Kingdom).










2.


The business activities of the undertakings concerned are:






—


for Iberia: air transport of passengers and cargo, airport handling services, aircraft maintenance and engineering,










—


for British Airways: air transport of passengers and cargo, airport handling services, aircraft maintenance and engineering.














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.5747 — Iberia/British Airways, 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-312/09: Order of the Court (Seventh Chamber) of 17 June 2010 (reference for a preliminary ruling from the Anotato Dikastirio Kyprou (Republic of Cyprus)) — Giorgos Michalias v Christina A. Ioannou-Michalia (Article 104(3), second paragraph of the Rules of Procedure — Regulation (EC) No 1347/2000 — Articles 2, 42 and 46 — Judicial cooperation in civil matters — Jurisdiction in matrimonial matters — Accession of a State to the European Union — Divorce proceedings commenced before accession — Temporal scope of Regulation (EC) No 1347/2000))
Date: 2010-06-17
Institutions: Court of Justice
Subjects: Cyprus, EU Member State, accession to the European Union, divorce, interpretation of the law, jurisdiction, nationality, residence








C_2010288EN.01001501.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/15






Order of the Court (Seventh Chamber) of 17 June 2010 (reference for a preliminary ruling from the Anotato Dikastirio Kyprou (Republic of Cyprus)) — Giorgos Michalias v Christina A. Ioannou-Michalia
(Case C-312/09) (1)

(Article 104(3), second paragraph of the Rules of Procedure - Regulation (EC) No 1347/2000 - Articles 2, 42 and 46 - Judicial cooperation in civil matters - Jurisdiction in matrimonial matters - Accession of a State to the European Union - Divorce proceedings commenced before accession - Temporal scope of Regulation (EC) No 1347/2000))
(2010/C 288/23)
Language of the case: Greek

Referring court

Anotato Dikastirio Kyprou

Parties to the main proceedings


Applicant: Giorgos Michalias

Defendant: Christina A. Ioannou-Michalia

Re:

Reference for a preliminary ruling — Anotato Diastirio Kyprou — Jurisdiction of the courts of a Member State (Cyprus) to interpret and apply Articles 2(1), 42 and 46 of Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses (OJ 2000 L 160, p. 19) — Divorce proceedings commenced by the husband before the courts of Cyprus after the entry into force of the regulation but before Cyprus became a Member State — Divorce proceedings begun by the wife after 1 May 2004 before the courts of another Member State (United Kingdom) which was a Member State throughout the relevant period — Both spouses being Cypriot nationals but having their permanent residence in the United Kingdom.

Operative part

Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses is not applicable to divorce proceedings brought before the courts of a State before the latter became a Member State of the European Union.


(1)  OJ C 244 of 10.10.2009.
Case T-359/09: Order of the General Court of 17 June 2010 — Jurašinović v Council (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Reports of observers sent by the European Union to the Knin region (Croatia) — Interim measure — Inadmissibility — Implied refusal of access — Interest in bringing proceedings — Explicit decision adopted after the action was brought — No need to adjudicate)
Date: 2010-06-17
Institutions: General Court
Subjects: Council of the European Union, Croatia, International Criminal Tribunal, access to information, action for annulment, data protection, indemnification, provision of documents








C_2010221EN.01004502.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/45





Order of the General Court of 17 June 2010 — Jurašinović v Council
(Case T-359/09) (1)

(Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Reports of observers sent by the European Union to the Knin region (Croatia) - Interim measure - Inadmissibility - Implied refusal of access - Interest in bringing proceedings - Explicit decision adopted after the action was brought - No need to adjudicate)
2010/C 221/75
Language of the case: French

Parties


Applicant: Ivan Jurašinović (Angers, France) (represented by: A. Beguin, lawyer)

Defendant: Council of the European Union (represented by: C. Fekete and K. Zieleśkiewicz, Agents)

Re:

First, application for annulment of the decision of the Council of the European Union of 17 June 2009 refusing the applicant access to the reports of European Union observers in Croatia, in the Knin zone, from 1 to 31 August 1995, and to the documents entitled ‘ECMM RC Knin Log reports’, and for annulment of the implied refusal decision adopted on confirmatory application and, second, application seeking a declaration that the Council be ordered to authorise access, in electronic form, to the documents requested.

Operative part of the order







1.


There is no longer any need to adjudicate on the heads of claim in the action brought by Ivan Jurašinović for annulment of the implied decision of the Council of the European Union rejecting his confirmatory application for access to the reports of European Union observers in Croatia, in the Knin zone, from 1 to 31 August 1995, and to the documents entitled ‘ECMM RC Knin Log reports’;










2.


The remainder of the application is dismissed as inadmissible;










3.


The parties shall bear their own costs.






(1)  OJ C 267, 7.11.2009.