do-me/EUR-LEX huggingface dataset:
Case C-336/10: Reference for a preliminary ruling from the Curtea de Apel Craiova (Romania) lodged on 6 July 2010 — Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului Pentru Mediu v Victor Vinel Ijac
Date: 2010-07-06
Institutions: Court of Justice
Subjects: Romania, application of EU law, competition policy, fiscal policy, interpretation of the law








C_2010274EN.01000702.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/7





Reference for a preliminary ruling from the Curtea de Apel Craiova (Romania) lodged on 6 July 2010 — Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului Pentru Mediu v Victor Vinel Ijac
(Case C-336/10)
()
2010/C 274/11
Language of the case: Romanian

Referring court

Curtea de Apel Craiova

Parties to the main proceedings


Applicants: Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului Pentru Mediu

Defendant: Victor Vinel Ijac

Question referred

Is the first paragraph of Article 110 TFEU (formerly Article 90 EC) to be interpreted as precluding a Member State from introducing a tax with the characteristics of the pollution tax governed by Government Emergency Order No 50/2008, which levies a pollution tax on the registration in Romania of imported second-hand motor vehicles already registered in other Member States of the European Union, while that tax is not levied on second-hand motor vehicles registered in Romania in the event of their re-sale and consequent re-registration, in that such a tax could amount to a domestic tax on goods from other Member States which is indirectly discriminatory when compared with the tax treatment of domestic goods?
Case C-326/10: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 6 July 2010 — Gebr. Stolle GmbH & Co. KG v Hauptzollamt Hamburg-Jonas
Date: 2010-07-06
Institutions: Court of Justice
Subjects: Germany, agricultural product nomenclature, application of EU law, export refund, interpretation of the law








C_2010274EN.01000603.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/6





Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 6 July 2010 — Gebr. Stolle GmbH & Co. KG v Hauptzollamt Hamburg-Jonas
(Case C-326/10)
()
2010/C 274/09
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: Gebr. Stolle GmbH & Co. KG

Defendant: Hauptzollamt Hamburg-Jonas

Questions referred







1.


Does a poultry carcase come under CAP Goods List number 0207 1290 9990 (1) even if a part of the poultry that is not permitted under that product code adheres to giblets that are permitted?










2.


If the answer to the first question should be in the negative: when a customs office examines whether export products comply with the CAP Goods List number stated in the export declaration is a margin of error to be allowed so that a so-called ‘anomaly’ is not detrimental to a refund?






(1)  OJ 1998 L 322, p. 31.
Case T-401/09: Order of the General Court of 6 July 2010 — Marcuccio v Court of Justice (Action for annulment — Rejection by the Court of Justice of a request for compensation — Action for damages — Service of an appeal to the applicant’s former representative — Absence of harm — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
Date: 2010-07-06
Institutions: General Court
Subjects: Court of Justice of the European Union, action for annulment (EU), allowances and expenses, indemnification, judicial proceedings








C_2010234EN.01003702.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/37





Order of the General Court of 6 July 2010 — Marcuccio v Court of Justice
(Case T-401/09) (1)

(Action for annulment - Rejection by the Court of Justice of a request for compensation - Action for damages - Service of an appeal to the applicant’s former representative - Absence of harm - Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
2010/C 234/67
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: Court of Justice of the European Union (represented by: A. Placco, acting as Agent)

Re:

Firstly, an action for annulment of the alleged rejection by the Court of Justice of the applicant’s request for damages by way of compensation for the damage suffered by the applicant as a result of an alleged irregularity in service on him of an appeal in Case T-20/09 P and, secondly, an action for damages

Operative part of the order







1.


The action is dismissed.










2.


Mr Luigi Marcuccio is ordered to pay the costs.










3.


There is no need to adjudicate on the application of the European Commission for leave to intervene.






(1)  OJ C 297, 5.12.2009.
Euro exchange rates
Date: 2010-07-06
Institutions: European Commission
Subjects: euro, exchange rate








C_2010180EN.01000701.xml










6.7.2010   


EN


Official Journal of the European Union


C 180/7





Euro exchange rates (1)

5 July 2010
2010/C 180/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2531




JPY


Japanese yen


109,93




DKK


Danish krone


7,4513




GBP


Pound sterling


0,82750




SEK


Swedish krona


9,5995




CHF


Swiss franc


1,3325




ISK


Iceland króna


 




NOK


Norwegian krone


8,0590




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,586




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


286,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


4,1268




RON


Romanian leu


4,2527




TRY


Turkish lira


1,9620




AUD


Australian dollar


1,4916




CAD


Canadian dollar


1,3343




HKD


Hong Kong dollar


9,7606




NZD


New Zealand dollar


1,8181




SGD


Singapore dollar


1,7464




KRW


South Korean won


1 533,02




ZAR


South African rand


9,6969




CNY


Chinese yuan renminbi


8,4908




HRK


Croatian kuna


7,1929




IDR


Indonesian rupiah


11 356,67




MYR


Malaysian ringgit


4,0206




PHP


Philippine peso


58,213




RUB


Russian rouble


39,0387




THB


Thai baht


40,638




BRL


Brazilian real


2,2175




MXN


Mexican peso


16,4492




INR


Indian rupee


58,6140






(1)  Source: reference exchange rate published by the ECB.
Case T-411/07: Judgment of the General Court of 6 July 2010 — Aer Lingus Group v Commission (Competition — Concentrations — Decision declaring a concentration incompatible with the common market — Concept of concentration — Disposal of all the shares acquired, so as to restore the situation prevailing before the implementation of the concentration — Refusal to order appropriate measures — Lack of competence of the Commission)
Date: 2010-07-06
Institutions: General Court
Subjects: Ireland, action for annulment (EU), air transport, competition law, economic concentration, merger








C_2010221EN.01003601.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/36





Judgment of the General Court of 6 July 2010 — Aer Lingus Group v Commission
(Case T-411/07) (1)

(Competition - Concentrations - Decision declaring a concentration incompatible with the common market - Concept of concentration - Disposal of all the shares acquired, so as to restore the situation prevailing before the implementation of the concentration - Refusal to order appropriate measures - Lack of competence of the Commission)
2010/C 221/56
Language of the case: English

Parties


Applicant: Aer Lingus Group plc (Dublin, Ireland) (represented by: A. Burnside, Solicitor, B. van de Walle de Ghelcke and T. Snels, lawyers, and subsequently by A. Burnside and B. van de Walle de Ghelcke)

Defendant: European Commission (represented by: X. Lewis, É. Gippini Fournier and S. Noë, Agents)

Intervener in support of the defendant: Ryanair Holdings plc (Dublin), (represented by J. Swift QC, V. Power, A. McCarthy, D. Hull, Solicitors, and G. Berrisch, lawyer)

Re:

Application for annulment of Commission Decision C(2007) 4600 of 11 October 2007 rejecting the applicant’s request to initiate proceedings under Article 8(4) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and to adopt interim measures under Article 8(5) of that regulation

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Aer Lingus Group plc to bear it own costs and those incurred by the Commission and Ryanair Holdings plc, including those relating to the interim proceedings.






(1)  OJ C 8, 12.1.2008.
Case T-293/10: Action brought on 6 July 2010 — Seven Towns Ltd v OHIM
Date: 2010-07-06
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment








C_2010260EN.01001601.xml










25.9.2010   


EN


Official Journal of the European Union


C 260/16





Action brought on 6 July 2010 — Seven Towns Ltd v OHIM
(Case T-293/10)
()
2010/C 260/22
Language of the case: English

Parties


Applicant: Seven Towns Ltd (London, United Kingdom) (represented by: E. Schäfer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Partially annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 1475/2009-1, as far as Community trade mark application No 5650817 was rejected;










—


Order the defendant to pay the costs of the proceedings including applicant’s costs of legal representation.





Pleas in law and main arguments


Community trade mark concerned: A colour per se mark described as ‘six surfaces being geometrically arranged in three pairs of parallel surfaces, with each pair being arranged perpendicularly to the other two pairs characterised by (i) any two adjacent surfaces having different colours and (ii) each surface having a grid structure formed by black borders dividing the surface into nine equal segments’. The indicated colours were red (PMS 200C); green (PMS 347C); blue (PMS 293C); orange (PMS 021C); yellow (PMS 012C); white and black for goods in class 28 — Community trade mark application No 5650817

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Annulled the contested decision and rejected Community trade mark application No 5650817

Pleas in law: The applicant advances two pleas in law in support of its application.
On the basis of its first plea, the applicant claims that the contested decision violates the principles of due process by infringing Articles 80(1) and 80(2) of Council Regulation (EC) No 207/2009 in conjunction with Rule 53(a) of Commission Regulation (EC) No 2868/95, as the Board of Appeal erroneously examined the substantive issue.
By its second plea, the applicant considers that the contested decision violates its right of fair proceedings by infringing Article 64(1) of Council Regulation (EC) No 207/2009, as the Board of Appeal based its decision on a completely new argument without the Applicant having been invited to submit its observations.
Conclusion of the Protocol on Integrated Coastal Zone Management to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean *** European Parliament legislative resolution of 6 July 2010 on the draft Council decision concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (09132/2010 – C7-0128/2010 – 2010/0016(NLE))
Date: 2010-07-06
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Mediterranean Sea, coastal region, cooperation agreement (EU), ecosystem, littoral, management of resources, protected area, sustainable development








CE2011351EN.01014001.xml










2.12.2011   


EN


Official Journal of the European Union


CE 351/140





Tuesday 6 July 2010Conclusion of the Protocol on Integrated Coastal Zone Management to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean ***
P7_TA(2010)0249
European Parliament legislative resolution of 6 July 2010 on the draft Council decision concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (09132/2010 – C7-0128/2010 – 2010/0016(NLE))
2011/C 351 E/24
(Consent)

The European Parliament,
having regard to draft Council decision (09132/2010),
having regard to the request for consent submitted by the Council pursuant to Article 192(1) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union,
having regard to Rules 81 and 90(8) of its Rules of Procedure,
having regard to the recommendation of the Committee on the Environment, Public Health and Food Safety (A7-0191/2010),






1.


Consents to conclusion of the protocol;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Commission Regulation (EU) No 593/2010 of 6 July 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Montes de Toledo (PDO))
Date: 2010-07-06
Institutions: European Commission
Subjects: Spain, designation of origin, location of production, olive oil, product designation








L_2010172EN.01000101.xml










7.7.2010   


EN


Official Journal of the European Union


L 172/1








            COMMISSION REGULATION (EU) No 593/2010
of 6 July 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Montes de Toledo (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Montes de Toledo’ registered in accordance with Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 1187/2000 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the 20th 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, 6 July 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 133, 6.6.2000, p. 19.

(4)  
            OJ C 236, 1.10.2009, p. 25.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.5.   Oils and fats (butter, margarine, oils, etc.)

SPAIN
Montes de Toledo (PDO)
Case C-325/10: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 6 July 2010 — Doux Geflügel GmbH v Hauptzollamt Hamburg-Jonas
Date: 2010-07-06
Institutions: Court of Justice
Subjects: Germany, agricultural product nomenclature, application of EU law, export refund, interpretation of the law








C_2010274EN.01000602.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/6





Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 6 July 2010 — Doux Geflügel GmbH v Hauptzollamt Hamburg-Jonas
(Case C-325/10)
()
2010/C 274/08
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: Doux Geflügel GmbH

Defendant: Hauptzollamt Hamburg-Jonas

Question referred

Do chickens under subheading 0207 12 10 (1) of the Combined Nomenclature have to be plucked without any residue or may some small quill feathers, plumage feathers, quill ends and hairs still be attached after going through a mechanical plucking process?


(1)  OJ 1999 L 338, p. 1.
Case T-342/07: Judgment of the General Court of 6 July 2010 — Ryanair v Commission (Competition — Concentrations — Air transport — Decision declaring a concentration to be incompatible with the common market — Assessment of the effects of the concentration on competition — Barriers to entry — Efficiency gains — Commitments)
Date: 2010-07-06
Institutions: General Court
Subjects: action for annulment (EU), air transport, competition law, discount sale, economic concentration, merger








C_2010221EN.01003502.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/35





Judgment of the General Court of 6 July 2010 — Ryanair v Commission
(Case T-342/07) (1)

(Competition - Concentrations - Air transport - Decision declaring a concentration to be incompatible with the common market - Assessment of the effects of the concentration on competition - Barriers to entry - Efficiency gains - Commitments)
2010/C 221/55
Language of the case: English

Parties


Applicant: Ryanair Holdings plc (Dublin, Ireland) (represented by: J. Swift QC, V. Power, A. McCarthy and D. Hull, Solicitors, and G. Berrisch, lawyer)

Defendant: European Commission (represented by: X. Lewis and S. Noë, Agents)

Interveners in support of the defendant: Aer Lingus Group plc (Dublin) (represented initially by A. Burnside, Solicitor, B. van de Walle de Ghelcke and T. Snels, lawyers, and subsequently by A. Burnside and B. van de Walle de Ghelcke)
and
Ireland (represented by D. O’Hagan and J. Buttimore, acting as Agents, and M. Cush, D. Barniville and N. Travers, lawyers)

Re:

Application for the annulment of Commission Decision C(2007) 3104 of 27 June 2007 declaring a concentration to be incompatible with the common market and the EEA Agreement (Case COMP/M.4439 — Ryanair/Aer Lingus)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ryanair Holdings plc to bear its own costs and to pay the costs incurred by the European Commission and Aer Lingus Group plc;










3.


Orders Ireland to bear its own costs.






(1)  OJ C 269, 10.11.2007.
Case T-349/09: Order of the General Court of 6 July 2010 — PAGO International v OHIM — Tirol Milch (Pago) (Community trade mark — Proceedings for revocation — Revocation of the decision of the Board of Appeal — Disappearance of the subject-matter of the proceedings — No need to adjudicate)
Date: 2010-07-06
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), non-alcoholic beverage, quality label








C_2010234EN.01003701.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/37





Order of the General Court of 6 July 2010 — PAGO International v OHIM — Tirol Milch (Pago)
(Case T-349/09) (1)

(Community trade mark - Proceedings for revocation - Revocation of the decision of the Board of Appeal - Disappearance of the subject-matter of the proceedings - No need to adjudicate)
2010/C 234/66
Language of the case: German

Parties


Applicant: PAGO International GmbH (Klagenfurt, Austria) (represented by: C. Hauer and C. Schumacher, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Tirol Milch reg. Gen. mbH Innsbruck (Innsbruck, Austria)

Re:

Action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2009 (Case R 864/2008-4) concerning revocation proceedings between Tirol Milch reg. Gen. mbH Innsbruck and PAGPO International GmbH

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) is ordered to pay the costs.






(1)  OJ C 267, 7.11.2009.
Accession of the Member States to the Convention relating to international exhibitions signed at Paris on 22 November 1928 *** European Parliament legislative resolution of 6 July 2010 on the draft Council decision authorising Member States to accede to the Convention relating to international exhibitions signed at Paris on 22 November 1928 and supplemented by the Protocols of 10 May 1948 , 16 November 1966 , 30 November 1972 and the Amendment of 24 June 1982 and the Amendment of 31 May 1988 (08100/2010 – C7-0105/2010 – 2010/0015(NLE))
Date: 2010-07-06
Institutions: Committee on International Trade, European Parliament
Subjects: Latvia, accession to an agreement, common commercial policy, cultural event, cultural object, customs regulations, import, international convention








CE2011351EN.01013901.xml










2.12.2011   


EN


Official Journal of the European Union


CE 351/139





Tuesday 6 July 2010Accession of the Member States to the Convention relating to international exhibitions signed at Paris on 22 November 1928 ***
P7_TA(2010)0248
European Parliament legislative resolution of 6 July 2010 on the draft Council decision authorising Member States to accede to the Convention relating to international exhibitions signed at Paris on 22 November 1928 and supplemented by the Protocols of 10 May 1948, 16 November 1966, 30 November 1972 and the Amendment of 24 June 1982 and the Amendment of 31 May 1988 (08100/2010 – C7-0105/2010 – 2010/0015(NLE))
2011/C 351 E/23
(Consent)

The European Parliament,
having regard to the draft Council decision (08100/2010),
having regard to the request for consent submitted by the Council pursuant to Article 207(4), first subparagraph, and Article 218(6), subparagraph 2, point (a) of the Treaty on the Functioning of the European Union (C7-0105/2010),
having regard to Rules 81 and 90 of its Rules of Procedure,
having regard to the recommendation of the Committee on International Trade (A7-0201/2010),






1.


Consents to the draft Council decision;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.