do-me/EUR-LEX huggingface dataset:
Case C-391/10: Action brought on 3 August 2010 — European Commission v Kingdom of Belgium
Date: 2010-08-03
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, national implementing measure








C_2010274EN.01001602.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/16





Action brought on 3 August 2010 — European Commission v Kingdom of Belgium
(Case C-391/10)
()
2010/C 274/24
Language of the case: French

Parties


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

Defendant: Kingdom of Belgium

Form of order sought







—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies (1) or, in any event, by not communicating such measures to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










—


order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing Directive 2007/36/EC expired on 3 August 2009. As at the date on which the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, in any event, had not notified the Commission thereof.


(1)  OJ L 184, p. 17.
Case C-390/10: Action brought on 3 August 2010 — European Commission v Grand Duchy of Luxembourg
Date: 2010-08-03
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, national implementing measure








C_2010274EN.01001601.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/16





Action brought on 3 August 2010 — European Commission v Grand Duchy of Luxembourg
(Case C-390/10)
()
2010/C 274/23
Language of the case: French

Parties


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

Defendant: Grand Duchy of Luxembourg

Form of order sought







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies (1) or, in any event, by not communicating such measures to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;










—


order the Grand Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

The period prescribed for transposing Directive 2007/36/EC expired on 3 August 2009. As at the date on which the present action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, in any event, had not notified the Commission thereof.


(1)  OJ L 184, p. 17.
Case T-325/10: Action brought on 3 August 2010 — Iliad and Others v Commission
Date: 2010-08-03
Institutions: General Court
Subjects: European Commission, France, action for annulment, control of State aid, telecommunications industry








C_2010288EN.01004301.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/43






Action brought on 3 August 2010 — Iliad and Others v Commission
(Case T-325/10)
()
(2010/C 288/82)
Language of the case: French

Parties


Applicants: Iliad SA (Paris, France), Free infrastructure SAS (Paris) and Free SA (Paris) (represented by: T. Cabot, lawyer)

Defendant: European Commission

Form of order sought







—


declare the present application admissible;










—


annul European Commission Decision of 30 September 2009 approving the public financing of EUR 59 million for the planned very-high-speed broadband network in the department of Hauts-de-Seine, pursuant to Article 263 TFEU;










—


order the Commission to pay the costs.





Pleas in law and main arguments

The applicant seek the annulment of Commission Decision C(2009) 7426 final of 30 September 2009, (1) declaring that the compensation for a public service charge of EUR 59 million, granted by the French authorities to a consortium of undertakings for the establishment and operation of a very-high-speed broadband electronic communications network (THD 92 project) in the department of Hauts-de-Seine does not constitute State aid.
In support of their action the applicants put forward three pleas in law:






—


infringement of Article 107(1) TFEU, in so far as the Commission has not complied with any of the four criteria set out in the Altmark (2) case-law holding that the measure concerned did not constitute State aid;










—


infringement of the obligation to state reasons for a decision, in so far as the contested decision does not contain sufficient evidence to conclude that all the conditions for the application of the Altmark case-law have been fulfilled;










—


infringement of the obligation to initiate the formal investigation procedure provided for in Article 108(2) TFEU, in so far as all the evidence obtained in the preliminary examination procedure, documents describing the size and complexity of the examination to be carried out and the partially incomplete and inadequate content of the contested decision, show that the Commission took the contested decision despite the fact that it experienced serious difficulties in assessing whether the measure concerned was compatible with the common market.






(1)  State aid N 331/2008 — France.

(2)  Case C-280/00 Altmark Trans GmbH and Regierungspräsidium Magdeburg [2003] ECR I-7747.
Case F-64/10: Action brought on 3 August 2010 — Mantzouratos v European Parliament
Date: 2010-08-03
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action for annulment, promotion








C_2010274EN.01003302.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/33





Action brought on 3 August 2010 — Mantzouratos v European Parliament
(Case F-64/10)
()
2010/C 274/51
Language of the case: French

Parties


Applicant: Andreas Mantzouratos (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision of the European Parliament not to promote the applicant to grade AD 13 in the 2009 promotion exercise and the decisions to promote to that grade officials with less merit points than the applicant.

Form of order sought







—


Annul the decision of the European Parliament not to promote the applicant to grade AD 13 in the 2009 promotion exercise and the decisions to promote to that grade officials with less merit (points) than him;










—


Order the European Parliament to pay the costs.