do-me/EUR-LEX huggingface dataset:
Case C-381/10: Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 29 July 2010 — Astrid Preissl KEG v Landeshauptmann von Wien
Date: 2010-07-29
Institutions: Court of Justice
Subjects: Germany, food hygiene, food inspection, foodstuff, interpretation of the law, plumbing equipment








C_2010274EN.01001202.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/12





Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien (Austria) lodged on 29 July 2010 — Astrid Preissl KEG v Landeshauptmann von Wien
(Case C-381/10)
()
2010/C 274/18
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat Wien

Parties to the main proceedings


Appellant: Astrid Preissl KEG

Respondent: Landeshauptmann von Wien

Questions referred







1.


Should the requirement in point 4 of Chapter I of Annex II to Regulation (EC) No 852/2004 (1) that ‘[a]n adequate number of washbasins is to be available … with hot and cold running water’ be interpreted as meaning that the term ‘Handwaschbecken’ used in the German language version is to be understood as any hand washing facility (connected to a hot water supply), or only as a washbasin which is used exclusively for hand-washing?










2.


What are the criteria for determining whether the hygiene requirements laid down in point 4 of Chapter 1 of Annex II to Regulation (EC) No 852/2004, as expressed with the words ‘materials for cleaning hands and for hygienic drying’, are met? Should that provision of the Annex be interpreted as meaning, for example, that a hand dryer or a water tap only meets the hygiene requirements of point 4 of Chapter I of Annex II to Regulation (EC) No 852/2004 if the hand dryer or water tap can be used without touching by hand?






(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.
Case C-474/10: Reference for a preliminary ruling from Court of Appeal in Northern Ireland (United Kingdom) made on 29 September 2010 — Seaport (NI) Ltd, Magherafelt district Council, F P McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts, Creagh Concrete Products Ltd v Department of the Environment for Northern Ireland, Department of the Environment for Northern Ireland
Date: 2010-07-29
Institutions: Court of Justice
Subjects: EU Member State, United Kingdom, environmental standard, interpretation of the law








C_2011013EN.01001602.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/16





Reference for a preliminary ruling from Court of Appeal in Northern Ireland (United Kingdom) made on 29 September 2010 — Seaport (NI) Ltd, Magherafelt district Council, F P McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts, Creagh Concrete Products Ltd v Department of the Environment for Northern Ireland, Department of the Environment for Northern Ireland
(Case C-474/10)
()
2011/C 13/27
Language of the case: English

Referring court

Court of Appeal in Northern Ireland

Parties to the main proceedings


Applicants: Seaport (NI) Ltd, Magherafelt district Council, F P McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts, Creagh Concrete Products Ltd

Defendants: Department of the Environment for Northern Ireland, Department of the Environment for Northern Ireland

Questions referred







1.


On the proper construction of Directive [2001/42] (1) where a State authority which prepares a plan falling within Article 3 is itself the authority charged with overall environmental responsibility in the Member State, is it open to the Member State to refuse to designate under Article 6(3) any authority to be consulted for the purposes of Articles 5 and 6?










2.


On the proper construction of the Directive, where the authority preparing a plan falling within Article 3 is itself the authority charged with overall environmental responsibility in the Member State, is the Member State required to ensure that there is a consultation body which will be designated that is separate from that authority?










3.


On the proper construction of the directive, may the requirement in Article 6(2) to the effect that the authorities referred to in Article 6(3) and the public referred to in 6(4) be given an early and effective opportunity to express their opinion ‘within appropriate timeframes’, be transposed by rules which provide that the authority responsible for preparing the plan shall authorise the time-limit in each case within which opinions shall be expressed, or must the rules transposing the directive themselves lay down a time-limit, or different time-limits for different circumstances, within which such opinions shall be expressed?






(1)  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment
OJ L 197, p. 30
Case C-515/09: Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v Republic of Estonia (Failure of a Member State to fulfil obligations — Directive 2006/21/EC — Management of waste from extractive industries — Failure to transpose within the prescribed period)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: Estonia, European Commission, action for failure to fulfil an obligation, environmental impact, mining extraction, prevention of pollution, public awareness campaign, public health, waste management








C_2010246EN.01001402.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 Republic of Estonia
(Case C-515/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/21/EC - Management of waste from extractive industries - Failure to transpose within the prescribed period)
2010/C 246/23
Language of the case: Estonian

Parties


Applicant: European Commission (represented by: A. Marghelis and K. Saaremäel-Stoilov, Agents)

Defendant: Republic of Estonia (represented by: L. Uibo, Agent)

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 Republic of Estonia has failed to fulfil its obligations under that directive;










2.


Orders the Republic of Estonia to pay the costs.






(1)  OJ C 63, 13.03.2010.
Case C-189/09: Judgment of the Court (Seventh Chamber) of 29 July 2010 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Respect for private life — Retention of data generated or processed in connection with the provision of electronic communications services — Failure to transpose within the prescribed period)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: Austria, European Commission, access to information, action for failure to fulfil an obligation, disclosure of information, fine, information network, provision of services








C_2010246EN.01000801.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/8





Judgment of the Court (Seventh Chamber) of 29 July 2010 — European Commission v Republic of Austria
(Case C-189/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/24/EC - Respect for private life - Retention of data generated or processed in connection with the provision of electronic communications services - Failure to transpose within the prescribed period)
2010/C 246/12
Language of the case: German

Parties


Applicant: European Commission (represented by: L. Balta and B. Schöfer, Agents)

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

Intervener in support of the applicant: Council of the European Union

Re:

Failure of a Member State to fulfil obligations – Failure to adopt or communicate, within the prescribed period, the provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, the Republic of Austria has failed to fulfil its obligations under that directive;










2.


Orders the Republic of Austria to pay the costs.






(1)  OJ C 180, 01.08.2009.
Case C-377/09: Judgment of the Court (Third Chamber) of 29 July 2010 (reference for a preliminary ruling from the Tribunal de commerce de Bruxelles — Belgium) — Françoise-Eléonor Hanssens-Ensch (insolvency administrator of Agenor SA) v European Community (Article 235 EC and Article 288 EC, second paragraph — Jurisdiction of the Court of Justice to hear and determine actions for damages brought against the European Community on the basis of non-contractual liability — Action to make good a shortfall in the assets, within the meaning of Article 530(1) of the Belgian Code des sociétés — Action brought against the European Community by the insolvency administrator of a limited company — Jurisdiction of the national courts to hear and determine such an action)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: European Commission, bankruptcy, business management, interpretation of the law








C_2010246EN.01001301.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/13





Judgment of the Court (Third Chamber) of 29 July 2010 (reference for a preliminary ruling from the Tribunal de commerce de Bruxelles — Belgium) — Françoise-Eléonor Hanssens-Ensch (insolvency administrator of Agenor SA) v European Community
(Case C-377/09) (1)

(Article 235 EC and Article 288 EC, second paragraph - Jurisdiction of the Court of Justice to hear and determine actions for damages brought against the European Community on the basis of non-contractual liability - Action to make good a shortfall in the assets, within the meaning of Article 530(1) of the Belgian Code des sociétés - Action brought against the European Community by the insolvency administrator of a limited company - Jurisdiction of the national courts to hear and determine such an action)
2010/C 246/20
Language of the case: French

Referring court

Tribunal de commerce de Bruxelles

Parties to the main proceedings


Applicant: Françoise-Eléonor Hanssens-Ensch (insolvency administrator of Agenor SA)

Defendant: European Community

Re:

Reference for a preliminary ruling — Tribunal de commerce de Bruxelles — Interpretation of the second paragraph of Article 288 EC — Action for damages brought by an insolvency administrator against the European Community on grounds of serious misconduct on the part of the Community in the de facto management of a commercial company, thus contributing to its insolvency — Jurisdiction of the Court of Justice to hear and determine an action for damages brought under national insolvency provisions on the basis of non-contractual liability

Operative part of the judgment

An action for damages brought against the European Community on the basis of non-contractual liability, even if it is brought under national legislation establishing special statutory rules which differ from the ordinary rules of law governing civil liability in the Member State concerned, does not — pursuant to Article 235 EC, read in conjunction with the second paragraph of Article 288 EC — fall within the jurisdiction of the national courts.


(1)  OJ C 312, 19.12.2009.
Case C-40/09: Judgment of the Court (Third Chamber) of 29 July 2010 (reference for a preliminary ruling from the VAT and Duties Tribunal, Manchester (United Kingdom)) — Astra Zeneca UK Ltd v Commissioners for Her Majesty’s Revenue and Customs (Sixth VAT Directive — Article 2(1) — Concept of the supply of services effected for consideration — Retail vouchers provided by an undertaking to its employees as part of their remuneration)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, provision of services, remuneration of work, tax system, work contract








C_2010246EN.01000402.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/4





Judgment of the Court (Third Chamber) of 29 July 2010 (reference for a preliminary ruling from the VAT and Duties Tribunal, Manchester (United Kingdom)) — Astra Zeneca UK Ltd v Commissioners for Her Majesty’s Revenue and Customs
(Case C-40/09) (1)

(Sixth VAT Directive - Article 2(1) - Concept of the supply of services effected for consideration - Retail vouchers provided by an undertaking to its employees as part of their remuneration)
2010/C 246/06
Language of the case: English

Referring court

VAT and Duties Tribunal, Manchester

Parties to the main proceedings


Applicant: Astra Zeneca UK Ltd

Defendant: Commissioners for Her Majesty’s Revenue and Customs

Re:

Reference for a preliminary ruling — VAT and Duties Tribunal, Manchester — Interpretation of Articles 2(1), 6(2)(b) and 17(2) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Meaning of ‘a supply of services for consideration’ — Retail vouchers made available to an employee under his or her employment contract, part of their value being charged against that employee’s salary

Operative part of the judgment

Article 2(1) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 95/7/EC of 10 April 1995, must be interpreted as meaning that the provision of a retail voucher by a company, which acquired that voucher at a price including value added tax, to its employees in exchange for their giving up part of their cash remuneration constitutes a supply of services effected for consideration within the meaning of that provision.


(1)  OJ C 90, 18.4.2009.
Case C-380/10: Action brought on 29 July 2010 — European Commission v Republic of Finland
Date: 2010-07-29
Institutions: Court of Justice
Subjects: access to information, action for failure to fulfil an obligation, data collection, data processing, exchange of information, geographical information system, information network, infringement of EU law








C_2010260EN.01001301.xml










25.9.2010   


EN


Official Journal of the European Union


C 260/13





Action brought on 29 July 2010 — European Commission v Republic of Finland
(Case C-380/10)
()
2010/C 260/16
Language of the case: Swedish

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro and K. Nyberg, acting as Agents)

Defendant: Republic of Finland

Form of order sought







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2007/2/EC (1) of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), or in any event by failing to notify the Commission thereof, the Republic of Finland, with regard to the province of Åland, has failed to fulfil its obligations under that directive;










—


order the Republic of Finland to pay the costs.





Pleas in law and main arguments

The time-limit for implementing the Directive expired on 14 May 2009.


(1)  OJ 2007 L 108, p. 1.
Case C-577/08: Judgment of the Court (Fourth Chamber) of 29 July 2010 (reference for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Rijksdienst voor Pensioenen v Elisabeth Brouwer (Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Frontier workers — Calculation of pensions)
Date: 2010-07-29
Institutions: Court of Justice
Subjects: equal treatment, frontier worker, gender equality, interpretation of the law, pay, pension scheme, wage earner, woman








C_2010246EN.01000302.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/3





Judgment of the Court (Fourth Chamber) of 29 July 2010 (reference for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Rijksdienst voor Pensioenen v Elisabeth Brouwer
(Case C-577/08) (1)

(Equal treatment for men and women in matters of social security - Directive 79/7/EEC - Frontier workers - Calculation of pensions)
2010/C 246/04
Language of the case: Dutch

Referring court

Arbeidshof te Antwerpen

Parties to the main proceedings


Applicant: Rijksdienst voor Pensioenen

Defendant: Elisabeth Brouwer

Re:

Reference for a preliminary ruling — Arbeidshof te Antwerpen — Interpretation of Article 4(1) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ 1979 L 6, p. 24) — National legislation providing for notional and flat-rate daily wages that are lower for women than for men when calculating retirement pensions for salaried frontier workers

Operative part of the judgment

Article 4(1) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, precludes national legislation under which, for the years 1984 to 1994, the calculation of old-age and retirement pensions for female frontier workers, concerning equal work or work of equal value, was based on notional and/or flat-rate daily wages lower than those for male frontier workers.


(1)  OJ C 55, 7.3.2009.
Commission communication pursuant to Article 17(5) 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 — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  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.01001101.xml










29.7.2010   


EN


Official Journal of the European Union


C 205/11





Commission communication pursuant to Article 17(5) 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2010/C 205/07






Member State


United Kingdom




Concerned routes


Stornoway–Benbecula




Period of validity of the contract


1 November 2010 until 31 March 2013




Deadline for submission of tenders


2 months after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the modified public service obligations 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)
Commission notice pursuant to Article 17(5) 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 — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2010-07-29
Institutions: European Commission
Subjects: France, air transport, airline, inland transport, invitation to tender, public service, transport regulations








C_2010205EN.01000901.xml










29.7.2010   


EN


Official Journal of the European Union


C 205/9





Commission notice pursuant to Article 17(5) 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2010/C 205/05






Member State


France




Route concerned


Périgueux (Bassillac)–Paris (Orly)




Period of validity of the contract


31.3.2011-30.3.2014




Deadline for submission of applications and tenders








—


for applications (first step):
30.9.2010 (12.00, local time)










—


for tenders (second step):
8.11.2010 (12.00, local time)








Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained







Commune de Périgueux




Place de l’Hôtel de Ville




BP 9063




24019 Périgueux Cedex




FRANCE




Mr Jean-François Despages




Tel. +33 553028200




Fax +33 553028230




E-mail: jean-francois.despages@perigueux.fr