do-me/EUR-LEX huggingface dataset:
Case C-6/10: Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2006/46/EC — Company law Annual and consolidated accounts of companies — Failure to transpose or to communicate national transposition measures)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, company law, management accounting, publication of accounts








C_2010246EN.01001403.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/14





Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v Kingdom of Belgium
(Case C-6/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/46/EC - Company law Annual and consolidated accounts of companies - Failure to transpose or to communicate national transposition measures)
2010/C 246/24
Language of the case: French

Parties


Applicant: European Commission (represented by: G. Braun and L. de Schietere de Lophem, Agents)

Defendant: Kingdom of Belgium (represented by: M. Jacobs and J.-C. Halleux, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or communicate, within the prescribed period, all the measures necessary to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (OJ 2006 L 224, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt within the prescribed period all the laws, regulations and administrative provisions necessary to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 80, 27.03.2010.
Case C-513/09: Judgment of the Court (Seventh Chamber) of 29 July 2010 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2006/66/EC — Batteries and accumulators and waste batteries and accumulators — Failure to transpose within the prescribed period)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: Belgium, action for failure to fulfil an obligation, approximation of laws, electricity storage device, environmental protection, marketing, marketing restriction, waste management








C_2010246EN.01001401.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/14





Judgment of the Court (Seventh Chamber) of 29 July 2010 — European Commission v Kingdom of Belgium
(Case C-513/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/66/EC - Batteries and accumulators and waste batteries and accumulators - Failure to transpose within the prescribed period)
2010/C 246/22
Language of the case: French

Parties


Applicant: European Commission (represented by: V. Peere and A. Marghelis, Agents)

Defendant: Kingdom of Belgium (represented by: T. Materne, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or communicate, within the prescribed period, all the provisions necessary to comply with Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ 2006 L 266, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 37, 13.02.2010.
Case T-252/10 R: Order of the President of the General Court of 29 July 2010 — Cross Czech v Commission (Application for interim measures — Sixth Framework Programme for research, technological development and demonstration activities — Letter confirming the findings of a financial audit — Application for suspension of operation of a measure — Disregard of formal requirements — Inadmissibility)
Date: 2010-07-29
Institutions: General Court
Subjects: Czechia, aid programme, audit, document indexing, information storage and retrieval, research programme








C_2010260EN.01001402.xml










25.9.2010   


EN


Official Journal of the European Union


C 260/14





Order of the President of the General Court of 29 July 2010 — Cross Czech v Commission
(Case T-252/10 R)
(Application for interim measures - Sixth Framework Programme for research, technological development and demonstration activities - Letter confirming the findings of a financial audit - Application for suspension of operation of a measure - Disregard of formal requirements - Inadmissibility)
2010/C 260/19
Language of the case: English

Parties


Applicant: Cross Czech a.s. (Prague, Czech Republic) (represented by: T. Schollaert, lawyer)

Defendant: European Commission (represented by: R. Lyal and W. Roels, Agents)

Re:

Application for suspension of operation of the Commission’s letter of 12 March 2010 confirming the findings of the audit of financial statements submitted by the applicant for the period from 1 February 2005 to 30 April 2008 in respect of the eMapps.com, CEEC IST NET and Transfer-East projects

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case C-35/10: Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2006/21/EC — Protection of the environment — Waste management — Mining extraction — Failure to transpose within the prescribed period)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, environmental impact, mining extraction, prevention of pollution, public awareness campaign, public health, waste management








C_2010246EN.01001601.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/16





Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v French Republic
(Case C-35/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/21/EC - Protection of the environment - Waste management - Mining extraction - Failure to transpose within the prescribed period)
2010/C 246/27
Language of the case: French

Parties


Applicant: European Commission (represented by: A. Marghelis and J. Sénéchal, Agents)

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

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the provisions necessary to comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (OJ 2006 L 102, p. 15)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC, the French Republic has failed to fulfil its obligations under that directive;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 80, 27.03.2010.
Case T-261/10 R: Order of the President of the General Court of 29 July 2010 — Brinkmann v Germany (Interim measure — Clear lack of jurisdiction)
Date: 2010-07-29
Institutions: General Court
Subjects: Germany, economic activity, legitimacy








C_2010274EN.01002302.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/23





Order of the President of the General Court of 29 July 2010 — Brinkmann v Germany
(Case T-261/10 R)
(Interim measure - Clear lack of jurisdiction)
2010/C 274/36
Language of the case: German

Parties


Applicant: Norbert Brinkmann (Rheine, Germany) (represented by: R. Wiegers, lawyer)

Defendant: Federal Republic of Germany

Re:

Application seeking to suspend application of Paragraphs 47 and 48(a) of the German Federal code on notaries (Bundesnotarordnung) with regard to the applicant.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case C-19/10: Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Regulations (EC) Nos 273/2004 and 111/2005 — Drug precursors — Control and monitoring within the Union — Monitoring of trade between the Union and third countries — Penalties)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, drug traffic, market approval, pharmaceutical product, psychotropic substance








C_2010246EN.01001502.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/15





Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v Italian Republic
(Case C-19/10) (1)

(Failure of a Member State to fulfil obligations - Regulations (EC) Nos 273/2004 and 111/2005 - Drug precursors - Control and monitoring within the Union - Monitoring of trade between the Union and third countries - Penalties)
2010/C 246/26
Language of the case: Italian

Parties


Applicant: European Commission (represented by: P. Oliver and S. Mortoni, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, and S. Fiorentino, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Art. 12 of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ 2004 L 47, p. 1) and Art. 31 of Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ 2005 L 22, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt the national measures necessary for the implementation, first, of Article 12 of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors and, secondly, of Art. 31 of Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors, the Italian Republic has failed to fulfil its obligations under those regulations;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 80, 27.03.2010.
Case C-382/10: Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 29 July 2010 — Erich Albrecht, Thomas Neumann, Van-Ly Sundara, Alexander Svoboda, Stefan Toth v Amt der Wiener Landesregierung
Date: 2010-07-29
Institutions: Court of Justice
Subjects: consumer protection, food contamination, food hygiene, food inspection, foodstuff, interpretation of the law








C_2010274EN.01001301.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/13





Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 29 July 2010 — Erich Albrecht, Thomas Neumann, Van-Ly Sundara, Alexander Svoboda, Stefan Toth v Amt der Wiener Landesregierung
(Case C-382/10)
()
2010/C 274/19
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat Wien

Parties to the main proceedings


Appellants: Erich Albrecht, Thomas Neumann, Van-Ly Sundara, Alexander Svoboda, Stefan Toth

Respondent: Amt der Wiener Landesregierung

Questions referred







1.


What are the criteria which determine unfitness for human consumption under paragraph 3 of Chapter IX of Annex II to Regulation (EC) No 852/2004? (1) Does such unfitness already exist where a foodstuff offered for sale could conceivably be touched or sneezed upon by a would-be purchaser?










2.


What are the criteria which determine injuriousness to health under paragraph 3 of Chapter IX of Annex II to Regulation (EC) No 852/2004? Does such injuriousness already exist where a foodstuff offered for sale could conceivably be touched or sneezed upon by a would-be purchaser?










3.


What are the criteria which determine contamination under paragraph 3 of Chapter IX of Annex II to Regulation (EC) No 852/2004? Does such contamination already exist where a foodstuff offered for sale could conceivably be touched or sneezed upon by a would-be purchaser?






(1)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs; OJ 2004 L 139, p. 1
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligation (modified) in respect of scheduled air services  Text with EEA relevance
Date: 2010-07-29
Institutions: European Commission
Subjects: United Kingdom, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2010205EN.01001001.xml










29.7.2010   


EN


Official Journal of the European Union


C 205/10





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligation (modified) in respect of scheduled air services
(Text with EEA relevance)
2010/C 205/06






Member State


United Kingdom




Concerned route


Stornoway–Benbecula




Date of entry into force of the public service obligations


Date of publication of this notice




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained







Comhairle nan Eilean Siar




Council Offices




Sandwick Road




Stornoway




Isle of Lewis




HS1 2BW




Scotland




UNITED KINGDOM




Tel. +44 1851709403




Fax +44 1851709482




E-mail: mgray@cne-siar.gov.uk




(Contact: Murdo J Gray, Depute Director of Technical Services)
Case T-475/08 P: Order of the General Court of 29 July 2010 — Duta v Court of Justice (Appeal — Civil service — Temporary staff — Recruitment — Post as Legal Secretary — Appeal manifestly inadmissible)
Date: 2010-07-29
Institutions: General Court
Subjects: Court of Justice of the European Union, European official, General Court (EU), appeal, equal treatment, personnel administration, professional career, staff assessment








C_2010288EN.01004002.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/40






Order of the General Court of 29 July 2010 — Duta v Court of Justice
(Case T-475/08 P) (1)

(Appeal - Civil service - Temporary staff - Recruitment - Post as Legal Secretary - Appeal manifestly inadmissible)
(2010/C 288/77)
Language of the case: French

Parties


Appellant: Radu Duta (Luxembourg, Luxembourg) (represented by: F. Krieg, lawyer)

Other party to the proceedings: Court of Justice of the European Union (represented by: initially by M. Schauss, then by A. Placco, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 4 September 2008 in Case F-103/07 Duta v Court of Justice, not yet published in the ECR, and seeking to have that judgment set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Radu Dutashall bear his own costs and pay those incurred by the Court of Justice of the European Union in the present proceedings.






(1)  OJ C 167, 18.7.2009.
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/413/CFSP and in Council Regulation (EC) No 423/2007 apply
Date: 2010-07-29
Institutions: Council of the European Union
Subjects: Iran, administrative sanction, economic sanctions, international sanctions, legal person, natural person, terrorism








C_2010205EN.01000701.xml










29.7.2010   


EN


Official Journal of the European Union


C 205/7





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/413/CFSP and in Council Regulation (EC) No 423/2007 apply
2010/C 205/03
THE COUNCIL OF THE EUROPEAN UNION
The following information is brought to the attention of the persons and entities that appear in Annex II to Council Decision 2010/413/CFSP (1) and in Annex V to Council Regulation (EC) No 423/2007 (2).
The Council of the European Union has decided that the persons and entities that appear in the above mentioned Annexes should be included in the lists of persons and entities subject to restrictive measures provided for in Council Decision 2010/413/CFSP and in Council Regulation (EC) No 423/2007 concerning restrictive measures against Iran.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex III to Regulation (EC) No 423/2007, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 10 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above mentioned lists should be reconsidered, to the address provided above, by 15 September 2010.
The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 195, 27.7.2010, p. 39.

(2)  OJ L 103, 20.4.2007, p. 1; OJ L 335M, 13.12.2008, p. 969.
Commission Regulation (EU) No 684/2010 of 29 July 2010 fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EU) No 463/2010
Date: 2010-07-29
Institutions: European Commission
Subjects: Portugal, award of contract, import licence, maize, originating product, tariff reduction, third country








L_2010198EN.01001201.xml










30.7.2010   


EN


Official Journal of the European Union


L 198/12








            COMMISSION REGULATION (EU) No 684/2010
of 29 July 2010
         
fixing the maximum reduction in the duty on maize imported under the invitation to tender issued in Regulation (EU) No 463/2010


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 144(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EU) No 463/2010 (2).












(2)


Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 7 and 8 of Regulation (EC) No 1296/2008 must be taken into account.












(3)


A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.












(4)


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 tenders lodged from 16 July to 29 July 2010 under the invitation to tender issued in Regulation (EU) No 463/2010, the maximum reduction in the duty on maize imported shall be EUR 6,25/t for a total maximum quantity of 63 000 t.


Article 2
This Regulation shall enter into force on 30 July 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 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 129, 28.5.2010, p. 60.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Case C-54/09 P: Judgment of the Court (First Chamber) of 29 July 2010 — Hellenic Republic v European Commission (Appeals — Agriculture — Common organisation of the market in wine — Aid for the restructuring and conversion of vineyards — Regulation (EC) No 1493/1999 — Fixing of the definitive financial allocations made to Member States — Regulation (EC) No 1227/2000 — Article 16(1) — Time-limit — Binding nature)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: EU aid, European Commission, Greece, aid to agriculture, appeal, common organisation of markets, viticulture








C_2010246EN.01000501.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/5





Judgment of the Court (First Chamber) of 29 July 2010 — Hellenic Republic v European Commission
(Case C-54/09 P) (1)

(Appeals - Agriculture - Common organisation of the market in wine - Aid for the restructuring and conversion of vineyards - Regulation (EC) No 1493/1999 - Fixing of the definitive financial allocations made to Member States - Regulation (EC) No 1227/2000 - Article 16(1) - Time-limit - Binding nature)
2010/C 246/07
Language of the case: Greek

Parties


Appellant: Hellenic Republic (represented by: I. Chalkias and M. Tassopoulou, Agents)

Other party to the proceedings: European Commission (represented by: H. Tserepa-Lacombe and F. Jimeno Fernández, acting as Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 11 December 2008 in Case T-339/06 Greece v Commission, by which the Court dismissed an action for annulment of Commission Decision 2006/669/EC of 4 October 2006 fixing, for the 2006 financial year and in respect of a certain number of hectares, the definitive financial allocations to Member States for the restructuring and conversion of vineyards under Council Regulation (EC) No 1493/1999 (notified under document number C(2006) 4348) (OJ 2006 L 275, p. 62) in so far as the decision fixes the hectares and the definitive financial allocations concerning Greece

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 82, 4.4.2009.