do-me/EUR-LEX huggingface dataset:
Case C-318/10: Reference for a preliminary ruling from the Cour de Cassation (Belgium) lodged on 2 July 2010 — SIAT SA v Belgian State
Date: 2010-07-02
Institutions: Court of Justice
Subjects: Belgium, application of EU law, free movement of capital, interpretation of the law








C_2010246EN.01002601.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/26





Reference for a preliminary ruling from the Cour de Cassation (Belgium) lodged on 2 July 2010 — SIAT SA v Belgian State
(Case C-318/10)
()
2010/C 246/44
Language of the case: French

Referring court

Cour de Cassation

Parties to the main proceedings


Appellant: SIAT SA

Respondent: Belgian State

Question referred

Must Article 49 of the EC Treaty, in the version applicable to this case (the facts giving rise to the dispute having occurred prior to the entry into force of the Treaty of Lisbon on 1 December 2009), be interpreted as precluding national legislation of a Member State according to which payments for supplies or services are not to be regarded as deductible business expenses where they are made or attributed directly or indirectly to a taxpayer resident in another Member State or to a foreign establishment which, by virtue of the legislation of the country in which they are established, are not subject there to a tax on income or are subject there, for the relevant income, to a tax regime which is appreciably more advantageous than the one to which such income is subject in the Member State whose national legislation is at issue, unless the taxpayer proves, by any legal means, that such payments relate to genuine and proper transactions and do not exceed the normal limits, whereas such proof is not required, as a precondition for the deduction of payments for supplies or services made to a taxpayer residing in that Member State, even if the taxpayer is not subject to any tax on income or is subject to a tax regime which is appreciably more advantageous than the one laid down by the ordinary law of that State?
Decision of the EEA Joint Committee No 88/2010 of 2 July 2010 amending Annex XIII (Transport) to the EEA Agreement
Date: 2010-07-02
Institutions: EEA Joint Committee
Subjects: harmonisation of standards, high-speed transport, rail network, rail transport, technical regulations, technical specification, trans-European network




L_2010277EN.01004101.xml










21.10.2010   


EN


Official Journal of the European Union


L 277/41








            DECISION OF THE EEA JOINT COMMITTEE
         
No 88/2010
of 2 July 2010
         
amending Annex XIII (Transport) 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 XIII to the Agreement was amended by Decision of the EEA Joint Committee No 76/2010 of 11 June 2010 (1).












(2)


Commission Decision 2009/965/EC of 30 November 2009 on the reference document referred to in Article 27(4) of Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 37db (Commission Decision 2008/163/EC) of Annex XIII to the Agreement:






‘37dc.



32009 D 0965: Commission Decision 2009/965/EC of 30 November 2009 on the reference document referred to in Article 27(4) of Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (OJ L 341, 22.12.2009, p. 1).’






Article 2
The text of Decision 2009/965/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 3 July 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, 2 July 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 244, 16.9.2010, p. 34.

(2)  
            OJ L 341, 22.12.2009, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 86/2010 of 2 July 2010 amending Annex X (Services in general) to the EEA Agreement
Date: 2010-07-02
Institutions: EEA Joint Committee
Subjects: administrative cooperation, data protection, electronic government, exchange of information, information technology, international security, personal data, public health




L_2010277EN.01004001.xml










21.10.2010   


EN


Official Journal of the European Union


L 277/40








            DECISION OF THE EEA JOINT COMMITTEE
         
No 86/2010
of 2 July 2010
         
amending Annex X (Services in general) 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 X to the Agreement was amended by Decision of the EEA Joint Committee No 45/2009 of 9 June 2009 (1).












(2)


Commission Decision 2009/739/EC of 2 October 2009 setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 1 (Directive 2006/123/EC of the European Parliament and of the Council) of Annex X to the Agreement:






‘1a.



32009 D 0739: Commission Decision 2009/739/EC of 2 October 2009 setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 263, 7.10.2009, p. 32).’






Article 2
The text of Decision 2009/739/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 3 July 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, 2 July 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 162, 25.6.2009, p. 23.

(2)  
            OJ L 263, 7.10.2009, p. 32.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 90/2010 of 2 July 2010 amending Annex XIII (Transport) to the EEA Agreement
Date: 2010-07-02
Institutions: EEA Joint Committee
Subjects: harmonisation of standards, rail transport, trans-European network, transport network, traveller




L_2010277EN.01004301.xml










21.10.2010   


EN


Official Journal of the European Union


L 277/43








            DECISION OF THE EEA JOINT COMMITTEE
         
No 90/2010
of 2 July 2010
         
amending Annex XIII (Transport) 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 XIII to the Agreement was amended by Decision of the EEA Joint Committee No 76/2010 of 11 June 2010 (1).












(2)


Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 42g (Directive 2007/59/EC of the European Parliament and of the Council) of Annex XIII to the Agreement:






‘42h.



32007 R 1371: Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).’






Article 2
The text of Regulation (EC) No 1371/2007 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 3 July 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, 2 July 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 244, 16.9.2010, p. 34.

(2)  
            OJ L 315, 3.12.2007, p. 14.

(*1)  No constitutional requirements indicated.
EU-27 ethyl alcohol balance for 2009 (Established on 20 June 2010 in accordance with Article 2 of Regulation (EC) No 2336/2003)
Date: 2010-07-02
Institutions: European Commission
Subjects: EU market, balance sheet, ethanol, exchange of information








C_2010176EN.01000601.xml










2.7.2010   


EN


Official Journal of the European Union


C 176/6





EU-27 ethyl alcohol balance for 2009

(Established on 20 June 2010 in accordance with Article 2 of Regulation (EC) No 2336/2003)

2010/C 176/03







 



EU-27 ethyl alcohol balance for 2009

(Established on 20 June 2010 in accordance with Article 2 of Regulation (EC) No 2336/2003
 (1))


Hectolitres of pure alcohol




1.


Initial stock






—


Agricultural origin










—


Non-agricultural origin






9 234 665




2.


Production






—


Agricultural origin










—


Non-agricultural origin






49 214 427




3.


Imports (2)



10 940 541










—


0 % duty






3 341 152










—


Reduced duty






0










—


100 % duty






7 599 389




4.


Total resources


68 895 594




5.


Exports


457 275




6.


Internal consumption


59 621 240












 


Agricultural origin


Non-agricultural origin


Total




Food use


10 757 339


 


 




Industrial use


6 941 703


 


 




Fuel


39 320 786


 


 




Other


2 601 412


 


 




Total


59 621 240


 


 








7.


Final stock






—


Agricultural origin










—


Non-agricultural origin






9 311 119





Sources: Communications from the Member States/Eurostat COMEXT.






(1)  Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (OJ L 346, 31.12.2003, p. 19).

(2)  Includes only products falling within CN codes 2207 10, 2207 20, 2208 90 91 and 2208 90 99.

Sources: Communications from the Member States/Eurostat COMEXT.
Decision of the EEA Joint Committee No 96/2010 of 2 July 2010 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
Date: 2010-07-02
Institutions: EEA Joint Committee
Subjects: EFTA countries, budget, financial year, single market




L_2010277EN.01005301.xml










21.10.2010   


EN


Official Journal of the European Union


L 277/53








            DECISION OF THE EEA JOINT COMMITTEE
         
No 96/2010
of 2 July 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 93/2009 of 3 July 2009 (1).












(2)


It is appropriate to continue the cooperation of the Contracting Parties to the Agreement in Union actions funded from the General Budget of the Union regarding the implementation, operation and development of the Internal Market.












(3)


Protocol 31 to the Agreement should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2009,





HAS DECIDED AS FOLLOWS:



Article 1
Article 7 of Protocol 31 to the Agreement shall be amended as follows:






1.


the words ‘years 2004, 2005, 2006, 2007, 2008 and 2009’ in paragraph 6 shall be replaced by the words ‘years 2004, 2005, 2006, 2007, 2008, 2009 and 2010’;










2.


the words ‘years 2006, 2007, 2008 and 2009’ in paragraph 7 shall be replaced by the words ‘years 2006, 2007, 2008, 2009 and 2010’;










3.


the words ‘years 2008 and 2009’ in paragraph 8 shall be replaced by the words ‘years 2008, 2009 and 2010’.






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).
It shall apply from 1 January 2010.


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, 2 July 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 277, 22.10.2009, p. 49.

(*1)  No constitutional requirements indicated.
Case T-485/08 P: Judgment of the General Court of 2 July 2010 — Lafili v Commission (Appeal — Staff case — Officials — Admissibility — Concept of the party who was unsuccessful at first instance — Promotion — Classification in grade and step — Multiplication factor greater than one — Conversion to seniority in step — Article 7 of Annex XIII of the Staff Regulations)
Date: 2010-07-02
Institutions: General Court
Subjects: European Commission, European official, action for annulment, promotion, regulations for civil servants, seniority








C_2010221EN.01004002.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/40





Judgment of the General Court of 2 July 2010 — Lafili v Commission
(Case T-485/08 P) (1)

(Appeal - Staff case - Officials - Admissibility - Concept of the party who was unsuccessful at first instance - Promotion - Classification in grade and step - Multiplication factor greater than one - Conversion to seniority in step - Article 7 of Annex XIII of the Staff Regulations)
2010/C 221/65
Language of the case: French

Parties


Appellant: Paul Lafili (Genk, Belgium) (represented by: L. Levi, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall, H. Krämer and K. Herrmann, agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 4 September 2008 in Case F-22/07 Lafili v Commission seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders Paul Lafili to bear his own costs as well as the costs incurred by the European Commission in the appeal proceedings.






(1)  OJ C 19, 24.1.2009.
Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 July 2010 — Euro exchange rates
Date: 2010-07-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, interest








C_2010176EN.01000101.xml










2.7.2010   


EN


Official Journal of the European Union


C 176/1





Interest rate applied by the European Central Bank to its main refinancing operations (1):
1,00 % on 1 July 2010
Euro exchange rates (2)

1 July 2010
2010/C 176/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2328




JPY


Japanese yen


108,14




DKK


Danish krone


7,4487




GBP


Pound sterling


0,82215




SEK


Swedish krona


9,6018




CHF


Swiss franc


1,3178




ISK


Iceland króna


 




NOK


Norwegian krone


8,0450




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,770




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


287,45




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


4,1770




RON


Romanian leu


4,3442




TRY


Turkish lira


1,9552




AUD


Australian dollar


1,4753




CAD


Canadian dollar


1,3124




HKD


Hong Kong dollar


9,6059




NZD


New Zealand dollar


1,8062




SGD


Singapore dollar


1,7225




KRW


South Korean won


1 514,71




ZAR


South African rand


9,5845




CNY


Chinese yuan renminbi


8,3596




HRK


Croatian kuna


7,1925




IDR


Indonesian rupiah


11 160,96




MYR


Malaysian ringgit


3,9869




PHP


Philippine peso


57,301




RUB


Russian rouble


38,5810




THB


Thai baht


39,967




BRL


Brazilian real


2,2337




MXN


Mexican peso


15,9586




INR


Indian rupee


57,4820






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case T-266/08 P: Judgment of the General Court of 2 July 2010 — Kerstens v Commission (Appeal — Staff case — Officials — Change of posting — Article 7 of the Staff Regulations — Interests of the service — Distortion of facts and evidence — Obligation on the Civil Service Tribunal to state reasons — Rights of the defence)
Date: 2010-07-02
Institutions: General Court
Subjects: European Commission, action by staff, appeal, appointment of staff, reassignment, staff assessment








C_2010221EN.01003802.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/38





Judgment of the General Court of 2 July 2010 — Kerstens v Commission
(Case T-266/08 P) (1)

(Appeal - Staff case - Officials - Change of posting - Article 7 of the Staff Regulations - Interests of the service - Distortion of facts and evidence - Obligation on the Civil Service Tribunal to state reasons - Rights of the defence)
2010/C 221/61
Language of the case: French

Parties


Appellant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Other party to the proceedings: European Commission (represented by: K. Herrmann and M. G. Berscheid, agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 8 May 2008 in Case F-119/06 Kerstens v Commission seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders Petrus Kerstens to bear his own costs as well as the costs incurred by the Commission in the appeal proceedings.






(1)  OJ C 247, 27.9.2008.
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 2 July 2010 regarding a draft decision relating to Case COMP/38.866 (1) — Animal feed phosphates — Rapporteur: Greece
Date: 2010-07-02
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Greece, animal nutrition, dominant position, market-sharing agreement, merger control, phosphate, restriction on competition








C_2011111EN.01001101.xml










9.4.2011   


EN


Official Journal of the European Union


C 111/11





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 2 July 2010 regarding a draft decision relating to Case COMP/38.866 (1) — Animal feed phosphates
Rapporteur: Greece
2011/C 111/06






1.


The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in an agreement and/or concerted practice within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.










2.


The Advisory Committee agrees with the Commission's assessment of the product and geographic scope of the agreement and/or concerted practice contained in the draft decisions.










3.


The Advisory Committee agrees with the Commission that the addressees of the draft decisions have participated in a single and continuous infringement of Article 101 of the TFEU and Article 53 of the EEA Agreement.










4.


The Advisory Committee agrees with the Commission that the object of the agreement and/or concerted practice was to restrict competition within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.










5.


The Advisory Committee agrees with the Commission that the agreement and/or concerted practice has been capable of appreciably affecting trade between Member States of the EU.










6.


The Advisory Committee agrees with the Commission's assessment on the duration of the infringement for each addressee.










7.


The Advisory Committee agrees with the Commission's draft decisions as regards the addressees of the decisions, specifically with reference to imputation of liability to parent companies of the groups concerned.










8.


The Advisory Committee agrees with the application by the Commission of the procedure set out in Article 10a of Commission Regulation (EC) No 773/2004, as amended by Commission Regulation (EC) No 622/2008 of 30 June 2008, and the Settlement Notice regarding the conduct of settlement procedures in cartel cases.










9.


The Advisory Committee intends to ask the Commission to take into account all other points raised during the discussion.










10.


The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.