do-me/EUR-LEX huggingface dataset:
Case T-286/10 R: Order of the President of the General Court of 22 July 2010 — IDIAP Foundation v Commission (Application for interim measures — Sixth framework programme for research, technological development and demonstration actions — Letter confirming the findings of a financial audit — Application for suspension of operation and for interim measures — No urgency)
Date: 2010-07-22
Institutions: General Court
Subjects: Framework Programme for Research and Development, arbitration clause, research programme, work contract








C_2010260EN.01001501.xml










25.9.2010   


EN


Official Journal of the European Union


C 260/15





Order of the President of the General Court of 22 July 2010 — IDIAP Foundation v Commission
(Case T-286/10 R)
(Application for interim measures - Sixth framework programme for research, technological development and demonstration actions - Letter confirming the findings of a financial audit - Application for suspension of operation and for interim measures - No urgency)
2010/C 260/20
Language of the case: French

Parties


Applicant: IDIAP Research Institute Foundation (Martigny, Switzerland) (represented by: G. Chapus-Rapin, lawyer)

Defendant: European Commission (represented by: F. Dintilhac and A. Sauka, Agents)

Re:

Essentially, application for suspension of operation of the Commission’s letter of 11 May 2010 confirming the findings of the audit concerning the breakdowns of costs submitted by the applicant, in respect of the period from 1 October 2006 to 30 September 2007 as regards the Amida project and in respect of the period from 1 January 2006 to 31 December 2007 as regards the Bacs and Dirac projects.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case F-60/10: Action brought on 22 July 2010 — Chiavegato v Commission
Date: 2010-07-22
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment, appointment of staff








C_2010260EN.01002802.xml










25.9.2010   


EN


Official Journal of the European Union


C 260/28





Action brought on 22 July 2010 — Chiavegato v Commission
(Case F-60/10)
()
2010/C 260/39
Language of the case: French

Parties


Applicant: Fulvia Chiavegato (Bettembourg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the list of officials promoted under the 2009 promotion procedure and, incidentally, the formal measures leading to that decision

Form of order sought







—


Annul the list of officials promoted under the 2009 promotion procedure adopted by the Appointing Authority on 13 November 2009 in so far as that list does not contain the applicant’s name and, incidentally, the formal measures leading to that decision;










—


Order the European Commission to pay the costs.
Commission Regulation (EU) No 651/2010 of 22 July 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: 2010-07-22
Institutions: European Commission
Subjects: award of contract, export licence, export refund, milk








L_2010191EN.01001101.xml










23.7.2010   


EN


Official Journal of the European Union


L 191/11








            COMMISSION REGULATION (EU) No 651/2010
of 22 July 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 20 July 2010.












(3)


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 standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 20 July 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 23 July 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 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.
Corrigendum to Decision No 388/2010/EU of the European Parliament and of the Council of 7 July 2010 providing macrofinancial assistance to Ukraine ( OJ L 179, 14.7.2010 )
Date: 2010-07-22
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, European neighbourhood policy, Ukraine, economic situation, economic stabilisation, financial aid, macroeconomics, reflation








L_2010189EN.01002801.xml










22.7.2010   


EN


Official Journal of the European Union


L 189/28







Corrigendum to Decision No 388/2010/EU of the European Parliament and of the Council of 7 July 2010 providing macrofinancial assistance to Ukraine
(
Official Journal of the European Union L 179 of 14 July 2010
)

On the cover and on page 1, the Decision number in the title:
for:

               ‘Decision No 388/2010/EU of the European Parliament and of the Council …’,
read:

               ‘Decision No 646/2010/EU of the European Parliament and of the Council …’.
Commission Regulation (EU) No 652/2010 of 22 July 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: 2010-07-22
Institutions: European Commission
Subjects: award of contract, export refund, powdered milk, skimmed milk








L_2010191EN.01001201.xml










23.7.2010   


EN


Official Journal of the European Union


L 191/12








            COMMISSION REGULATION (EU) No 652/2010
of 22 July 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 20 July 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 20 July 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 23 July 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 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-365/10: Action brought on 22 July 2010 — European Commission v Republic of Slovenia
Date: 2010-07-22
Institutions: Court of Justice
Subjects: air quality, anhydride, dangerous substance, environmental cooperation, environmental policy, health policy, lead, oxide, pollution control, pollution control measures








C_2010288EN.01001902.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/19






Action brought on 22 July 2010 — European Commission v Republic of Slovenia
(Case C-365/10)
()
(2010/C 288/32)
Language of the case: Slovene

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro and D. Kukovec, Agents)

Defendant: Republic of Slovenia

Form of order sought







—


A declaration that, because for several years running the limit values for annual and daily concentrations of PM10 in ambient air have been exceeded, the Republic of Slovenia has failed to fulfil its obligations under Article 5(1) of Council Directive 1999/30/EC (1) of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air, which have since 11 June 2010 been laid down in Article 13(1) of Directive 2008/50/EC (2) of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe;










—


order the Republic of Slovenia to pay the costs.





Pleas in law and main arguments

It is apparent from the annual report produced by the Republic of Slovenia on observance of the binding daily and annual limit values for PM10 that, in the Republic of Slovenia in the years 2005, 2006 and 2007, in zones S11, S12 and S14 and in agglomerations SIL and SIM, the limit values for annual and daily concentrations of PM 10 in ambient air were exceeded. The European Commission has received no official notification concerning exemption from the obligation to apply the limit values in accordance with Article 22(2) of Directive 2008/50/EC.


(1)  OJ 1999 L 163, p. 41.

(2)  OJ 2008 L 152, p. 1.
Commission Regulation (EU) No 656/2010 of 22 July 2010 not fixing a minimum selling price in response to the fourth individual invitation to tender for the sale of butter within the tendering procedure opened by Regulation (EU) No 446/2010
Date: 2010-07-22
Institutions: European Commission
Subjects: award of contract, butter, market intervention, minimum price, selling price








L_2010191EN.01001901.xml










23.7.2010   


EN


Official Journal of the European Union


L 191/19








            COMMISSION REGULATION (EU) No 656/2010
of 22 July 2010
         
not fixing a minimum selling price in response to the fourth individual invitation to tender for the sale of butter 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 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 fourth 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 fourth 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 20 July 2010, no minimum selling price for butter shall be fixed.


Article 2
This Regulation shall enter into force on 23 July 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 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.
Case C-367/10 P: Appeal brought on 22 July 2010 by EMC Development AB against the judgment of the General Court (Fifth Chamber) delivered on 12 May 2010 in Case T-432/05: EMC Development AB v European Commission
Date: 2010-07-22
Institutions: Court of Justice
Subjects: European Commission, European standard, action for annulment, cement, complaint to the Commission, horizontal agreement, restriction on competition








C_2010288EN.01002001.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/20






Appeal brought on 22 July 2010 by EMC Development AB against the judgment of the General Court (Fifth Chamber) delivered on 12 May 2010 in Case T-432/05: EMC Development AB v European Commission
(Case C-367/10 P)
()
(2010/C 288/33)
Language of the case: English

Parties


Appellant: EMC Development AB (represented by: W.-N. Schelp, avocat)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






(i)


annul the Commission's Decision dated 28.09.05;










(ii)


in the alternative to (i), set aside the Judgment under appeal in whole or in part and refer the case back to the General Court for an adjudication on the substance, in the light of the guidance which this Court may provide to it;










(iii)


in any event, Order the Commission to pay the costs of the Applicant incurred before the General Court and the Court of Justice.





Pleas in law and main arguments

The applicant submits that the General Court, in adopting the Commission's positions vis à vis the Guidelines, required the appellant to prove matters of fact and placed an unassailable burden upon the appellant. In so doing it has sought to require proof of the Standard's effects without considering the wider and more fundamental issues of its nature. The applicant considers that this constitutes an error of law and that the order of procedure of the tests as between the nature and the effects of the Standard have been reversed.
Commission Regulation (EU) No 657/2010 of 22 July 2010 not fixing a minimum selling price in response to the fourth individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2010-07-22
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2010191EN.01002001.xml










23.7.2010   


EN


Official Journal of the European Union


L 191/20








            COMMISSION REGULATION (EU) No 657/2010
of 22 July 2010
         
not fixing a minimum selling price in response to the fourth 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 fourth 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 fourth 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 20 July 2010, no minimum selling price for skimmed milk powder shall be fixed.


Article 2
This Regulation shall enter into force on 23 July 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 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.
Case C-368/10: Action brought on 22 July 2010 — European Commission v Kingdom of the Netherlands
Date: 2010-07-22
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, award of contract, coffee, machinery, supplies contract








C_2010328EN.01001004.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/10





Action brought on 22 July 2010 — European Commission v Kingdom of the Netherlands
(Case C-368/10)
()
2010/C 328/18
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: C. Zadra and F. Wilman)

Defendant: Kingdom of the Netherlands

Form of order sought







—


Declare that, by virtue of the fact that in the course of the award of a public contract for the supply and management of automatic coffee machines, published under No 2004/S 158-213630, the contracting authority






—


inserted in the technical specification a requirement for the Max Havelaar and EKO-keurmerk, or in any event marks with a similar or the same basis, thus contrary to Article 23(6) and (8) of Directive 2004/18/EC, (1)











—


included, for appraising the ability of operators, criteria and evidence concerning sustainable purchasing and socially responsible undertakings, thus contrary to Article 48(1) and (2), Article 44(2), and in any event Article 2, of that directive,










—


included, when formulating the award criteria, a reference to the Max Havelaar and/or EKO-keurmerk, or in any event marks with the same basis, thus contrary to Article 53(1) of that directive,




the Kingdom of the Netherlands has failed to fulfil its obligations under Directive 2004/18/EC;










—


order Kingdom of the Netherlands to pay the costs.





Pleas in law and main arguments

The Commission submits that, in the context of a public procurement procedure published by a Province for the supply and management of automatic coffee machines, the Netherlands has failed to fulfil its obligations under European Union law in regard to public contracts, in particular Directive 2004/18/EC. The infringements of that directive relate to Article 23(6) and (8) with regard to technical specifications, Article 48(1) and (2), Article 44(2), or in any event Article 2, with regard to appraisal of the abilities of operators, and Article 53(1) with regard to the award criteria.


(1)  Directive of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).
Case T-271/10 R: Order of the President of the General Court of 22 July 2010 — H v Council and Others (Application for interim measures — Common foreign and security policy — National official seconded to the European Union Police Mission in Bosnia and Herzegovina — Decision to redeploy and downgrade — Application for suspension of operation of a measure — Admissibility — Lack of urgency)
Date: 2010-07-22
Institutions: General Court
Subjects: Bosnia and Herzegovina, action for annulment, common foreign and security policy, competence of the institution, political cooperation, the EU's international role








C_2010246EN.01003602.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/36





Order of the President of the General Court of 22 July 2010 — H v Council and Others
(Case T-271/10 R)
(Application for interim measures - Common foreign and security policy - National official seconded to the European Union Police Mission in Bosnia and Herzegovina - Decision to redeploy and downgrade - Application for suspension of operation of a measure - Admissibility - Lack of urgency)
2010/C 246/62
Language of the case: English

Parties


Applicant: H (Catania, Italy) (represented by: C. Mereu and M. Velardo, lawyers)

Defendants: Council of the European Union (represented by: A. Vitro and G. Marhic, acting as Agents) and European Commission (represented by: F. Erlbacher and B. Eggers, acting as Agents)

Re:

Application for suspension of operation of the decision of 7 April 2010 of the Head of the European Union Police Mission (EUPM) in Bosnia and Herzegovina having the effect of downgrading and redeploying the applicant.

Operative part of the order







1.


The Council of the European Union and the European Commission are considered to be the only defendants.










2.


The application for interim measures is dismissed.










3.


Costs are reserved.