do-me/EUR-LEX huggingface dataset:
Case C-397/10: Action brought on 4 August 2010 — European Commission v Kingdom of Belgium
Date: 2010-08-04
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, free movement of workers, freedom to provide services, legal status, type of business








C_2010301EN.01000801.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/8





Action brought on 4 August 2010 — European Commission v Kingdom of Belgium
(Case C-397/10)
()
2010/C 301/10
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-P. Keppenne and I.V. Rogalski, Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


declare that, by imposing the following requirements in respect of the activities of temporary work agencies — the business of providing labour must be the undertaking’s sole object (in the territory of the Brussels-Capital region), the agency must take a specific legal form (in the territory of the Brussels-Capital region) and must hold minimum share capital of EUR 30 987 (in the Flemish Region) — the Kingdom of Belgium failed to comply with its obligations under Article 56 TFEU;










—


order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

In support of its action, the Commission puts forward three complaints alleging infringement of Article 56 of the Treaty on the Functioning of the European Union.
In its first complaint, the applicant claims that the requirement that the business of providing labour must be the undertaking’s sole object constitutes a significant barrier for undertakings established in other Member States which are authorised to engage in businesses of a different nature there. That measure obliges such undertakings to amend their statutes in order to provide services, even on a temporary basis, in the Brussels-Capital region.
In its second complaint, the Commission states that the requirement that an undertaking established in another Member State must possess a specific legal form or legal status constitutes a significant restriction on the freedom to provide services. The objective of protecting workers, relied upon by the defendant by way of justification, could be attained by less restrictive measures, such as a requirement that an undertaking must show that it has appropriate insurance.
In its third complaint, the applicant criticises the requirement imposed by the Flemish Region that an undertaking must hold minimum share capital of EUR 30 987, since such a requirement means that some undertakings established in other Member States might have to alter their share capital in order to provide services, even on a temporary basis, in Belgium. Less restrictive measures, such as depositing a guarantee or taking out insurance, would allow the defendant to attain its objective of protecting workers.
Corrigendum to Commission Decision 2010/399/EU of 15 July 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2010) 4894) ( OJ L 184, 17.7.2010 )
Date: 2010-08-04
Institutions: European Commission
Subjects: EAGGF Guarantee Section, EU financing, agricultural expenditure, aid to agriculture, common agricultural policy, fund (EU)








L_2010202EN.01001602.xml










4.8.2010   


EN


Official Journal of the European Union


L 202/16







Corrigendum to Commission Decision 2010/399/EU of 15 July 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2010) 4894)

(
Official Journal of the European Union L 184 of 17 July 2010
)

On page 13, Annex to the Decision, table under budget item 6 7 0 1, the rows showing the total amounts of the correction in HUF and in EUR with regard to Hungary are changed as follows:

for: 









‘Total HU (HUF)




2 994 547 454,68 




0,00 




2 994 547 454,68 






Total HU (EUR)




1 888 943,42 




1 652 789,71 




236 153,71 ’






read: 









‘Total HU (HUF)




–2 994 547 454,68 




0,00 




–2 994 547 454,68 






Total HU (EUR)




–1 888 943,42 




–1 652 789,71 




– 236 153,71 ’





This corrigendum only concerns the English version.
Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2010 under certain quotas opened by the EU for poultrymeat, eggs and egg albumin
Date: 2010-08-04
Institutions: European Commission
Subjects: egg, egg product, import, import licence, poultrymeat, tariff quota








C_2010211EN.01000601.xml










4.8.2010   


EN


Official Journal of the European Union


C 211/6





Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2010 under certain quotas opened by the EU for poultrymeat, eggs and egg albumin
2010/C 211/04
Commission Regulations (EC) No 533/2007 (1), (EC) No 536/2007 (2), (EC) No 539/2007 (3), (EC) No 1384/2007 (4) and (EC) No 1385/2007 (5) opened tariff quotas for imports of products in the poultrymeat, egg and egg albumin sectors. The import licence applications lodged during the first seven days of June 2010 for the subperiod 1 July to 30 September 2010 do not, for quotas 09.4068, 09.4070, 09.4169, 09.4015, 09.4402, 09.4091, 09.4411 and 09.4421, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (6), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 October to 31 December 2010; they are set out in the Annex to this notice.


(1)  OJ L 125, 15.5.2007, p. 9.

(2)  OJ L 128, 16.5.2007, p. 6.

(3)  OJ L 128, 16.5.2007, p. 19.

(4)  OJ L 309, 27.11.2007, p. 40.

(5)  OJ L 309, 27.11.2007, p. 47.

(6)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October 2010 to 31 December 2010
(in kg)




09.4068


1 869 500




09.4070


300 250




09.4169


4 166 250




09.4015


27 000 000




09.4402


2 836 588




09.4091


420 000




09.4411


3 825 000




09.4421


122 502
Case C-393/10: Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 4 August 2010 — Dermod Patrick O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs)
Date: 2010-08-04
Institutions: Court of Justice
Subjects: full-time employment, interpretation of the law, judge, labour relations, national law, part-time employment, pension scheme








C_2010274EN.01001701.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/17





Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 4 August 2010 — Dermod Patrick O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs)
(Case C-393/10)
()
2010/C 274/25
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings


Applicant: Dermod Patrick O'Brien

Defendant: Ministry of Justice (Formerly the Department for Constitutional Affairs)

Questions referred







1.


Is it for national law to determine whether or not judges as a whole are ‘workers who have an employment contract or employment relationship’ within the meaning of clause 2.1 of the Framework Agreement, or is there a Community norm by which this matter must be determined?










2.


If judges as a whole are workers who have an employment contract or employment relationship within the meaning of clause 2.1 of the Framework Agreement, is it permissible for national law to discriminate (a) between full-time and part-time judges, or (b) between different kinds of part-time judges in the provision of pensions?
Commission Regulation (EU) No 698/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Mâconnais (PDO))
Date: 2010-08-04
Institutions: European Commission
Subjects: France, cheese, designation of origin, location of production, product designation








L_2010203EN.01000301.xml










5.8.2010   


EN


Official Journal of the European Union


L 203/3








            COMMISSION REGULATION (EU) No 698/2010
of 4 August 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Mâconnais (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)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Mâconnais’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 4 August 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 308, 18.12.2009, p. 47.




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

Class 1.3.   Cheeses

FRANCE
Mâconnais (PDO)
Commission Regulation (EU) No 699/2010 of 4 August 2010 entering a name in the register of protected designations of origin and protected geographical indications (Fagiolo Cannellino di Atina (PDO))
Date: 2010-08-04
Institutions: European Commission
Subjects: Italy, designation of origin, dried product, location of production, product designation








L_2010203EN.01000501.xml










5.8.2010   


EN


Official Journal of the European Union


L 203/5








            COMMISSION REGULATION (EU) No 699/2010
of 4 August 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Fagiolo Cannellino di Atina (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)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Fagiolo Cannellino di Atina’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 4 August 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 300, 10.12.2009, p. 24.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Fagiolo Cannellino di Atina (PDO)
Notice of the impending expiry of certain anti-dumping measures
Date: 2010-08-04
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, chemical product, import, originating product








C_2010211EN.01001101.xml










4.8.2010   


EN


Official Journal of the European Union


C 211/11





Notice of the impending expiry of certain anti-dumping measures
(2010/C 211/08)
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (1) on protection against dumped imports from countries not members of the European Community, the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Tartaric acid


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 130/2006 (OJ L 23, 27.1.2006, p. 1)


28.1.2011






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.