do-me/EUR-LEX huggingface dataset:
Case T-338/10: Action brought on 18 August 2010 — Commission v Tornasol Films
Date: 2010-08-18
Institutions: General Court
Subjects: Spain, action for annulment, audiovisual production, contract, contractual liability








C_2010288EN.01004701.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/47






Action brought on 18 August 2010 — Commission v Tornasol Films
(Case T-338/10)
()
(2010/C 288/89)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: A.-M Rouchaud-Joët, Agent, and R. Alonso Pérez-Villaneuva, lawyer)

Defendant: Tornasol Films SA (Madrid, Spain)

Form of order sought







—


order the defendant to pay the applicant EUR 19 554,00 plus default interest calculated at the rate of 5 % per annum from 14 April 2009, and










—


order Tornasol Films SA to pay all the costs incurred in the present proceedings.





Pleas in law and main arguments

The present action concerns the alleged breach of a contract concluded between the Commission and the defendant within the framework of the MEDIA Plus Programme.
The wording of that contract stipulated that the recipient is to deposit the equivalent of the amount received as Community support in a specified account within 30 days of the start of production and to submit to the Commission a reinvestment plan for that amount within six months from the same date.
In support of its form of order, the applicant claims:






—


that the defendant has failed to comply with those contractual obligations although it has not presented any arguments and has not disputed the debit note sent by the Commission;










—


if the obligations provided for in the contract have been breached by the beneficiary, the wording of the contract allows the Commission to rescind it and require the return of the sums paid as a financial contribution;










—


in spite of various reminders and summonses the defendant has not repaid the funds awarded.
Action brought on 18 August 2010 by the EFTA Surveillance Authority against Iceland (Case E-12/10)
Date: 2010-08-18
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, European standard, Iceland, action for failure to fulfil an obligation, migrant worker, working conditions








C_2010298EN.01001001.xml










4.11.2010   


EN


Official Journal of the European Union


C 298/10





Action brought on 18 August 2010 by the EFTA Surveillance Authority against Iceland
(Case E-12/10)
2010/C 298/08
An action against Iceland was brought before the EFTA Court on 18 August 2010 by the EFTA Surveillance Authority, represented by Xavier Lewis and Ólafur Jóhannes Einarsson, acting as Agents of the EFTA Surveillance Authority, rue Belliard/Belliardstraat 35, 1040 Bruxelles/Brussel, BELGIQUE/BELGIË.
The EFTA Surveillance Authority requests the EFTA Court to declare that:






1.


by maintaining in force Articles 5 and 7 of Act No 45/2007 on the rights and obligations of foreign undertakings that post workers temporarily in Iceland and on their workers’ terms and conditions of employment, Iceland has failed to fulfil its obligations arising from Article 36 of the EEA Agreement and Article 3 of the Act referred to at point 30 of Annex XVIII to the EEA Agreement, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as adapted to the EEA Agreement by Protocol 1 thereto;










2.


the Republic of Iceland bears the costs of these proceedings.





Legal and factual background and pleas in law adduced in support:







—


the application concerns which requirements the EEA States are permitted to impose regarding the employment conditions of workers posted to their territory,










—


it is stated in the Application that Article 3 of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, read in conjunction with Article 36 EEA, only allows the imposition of the minimum requirements listed in Article 3(1)(a)-(g) of the Directive,










—


the EFTA Surveillance Authority states that the disputed Articles of Act No 45/2007 (the Posting Act) impose conditions not foreseen by any of the subparagraphs of Article 3 and are consequently in breach of Article 3 and Article 36 EEA.
Case F-67/10: Action brought on 18 August 2010 — Marcuccio v Commission
Date: 2010-08-18
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment, indemnification








C_2010288EN.01007402.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/74






Action brought on 18 August 2010 — Marcuccio v Commission
(Case F-67/10)
()
(2010/C 288/140)
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission's decision not to reimburse two-thirds of the costs incurred by the applicant in Case F-41/06.

Form of order sought

The applicant claims that the Civil Service Tribunal should:






—


annul the decision, whatever its form, which brought about the rejection by the Commission of the request of 22 September 2009 sent by the applicant to the appointing authority and amended by the note of 8 October 2009;










—


annul, in so far as is necessary, the decision — whatever its form — by which the complaint of 5 April 2010 against the contested decision, sent by the applicant to the appointing authority, was rejected;










—


annul, in so far as is necessary, the note of 27 April 2010 (HR.D.2/MB/1s Ares (2010) 220139);










—


order the Commission to pay to the applicant the sum of EUR 21 608,75, together with interest calculated at the rate of 10 % per annum, with annual capitalisation, and running from the date of the request of 22 September 2009 until actual payment of the sum immediately due by way of reparation for the damage which has been, or is being, suffered by the applicant on account of the contested decision;










—


order the Commission to pay the costs.
Case C-412/10: Reference for a preliminary ruling from High Court of Justice (Queen's Bench Division) (United Kingdom) made on 18 August 2010 — Deo Antoine Homawoo v GMF Assurances SA
Date: 2010-08-18
Institutions: Court of Justice
Subjects: civil law, commercial law, interpretation of the law, law of obligations, restriction on competition








C_2010301EN.01000901.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/9





Reference for a preliminary ruling from High Court of Justice (Queen's Bench Division) (United Kingdom) made on 18 August 2010 — Deo Antoine Homawoo v GMF Assurances SA
(Case C-412/10)
()
2010/C 301/12
Language of the case: English

Referring court

High Court of Justice (Queen's Bench Division)

Parties to the main proceedings


Applicant: Deo Antoine Homawoo

Defendant: GMF Assurances SA

Questions referred







1.


Are Articles 31 and 32 of Regulation (BC) No 864/2007 (1) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), in conjunction with Article 297 of the Treaty on the Functioning of the European Union, to be interpreted to require a national court to apply Rome II, and in particular Article 15(c) thereof, in a case where the event giving rise to the damage occurred on 29th August 2007?










2.


Is the answer to question 1 affected by either of the following facts:






(i)


that the proceedings seeking compensation for damage were commenced on 8th January 2009;










(ii)


that the national court had not made any determination of the applicable law before 11 January 2009?










(1)  OJ L 199, p. 40
Case C-413/10: Reference for a preliminary ruling from the Tribunale Ordinario di Prato (Italy), lodged on 18 August 2010 — Criminal proceedings against Michela Pulignani, Alfonso Picariello, Bianca Cilla, Andrea Moretti, Mauro Bianconi, Patrizio Gori, Emilio Duranti and Concetta Zungri
Date: 2010-08-18
Institutions: Court of Justice
Subjects: Italy, game of chance, interpretation of the law, leisure








C_2010288EN.01002302.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/23






Reference for a preliminary ruling from the Tribunale Ordinario di Prato (Italy), lodged on 18 August 2010 — Criminal proceedings against Michela Pulignani, Alfonso Picariello, Bianca Cilla, Andrea Moretti, Mauro Bianconi, Patrizio Gori, Emilio Duranti and Concetta Zungri
(Case C-413/10)
()
(2010/C 288/40)
Language of the case: Italian

Referring court

Tribunale Ordinario di Prato

Parties to the main proceedings

Michela Pulignani, Alfonso Picariello, Bianca Cilla, Andrea Moretti, Mauro Bianconi, Patrizio Gori, Emilio Duranti and Concetta Zungri

Question referred

Are the Italian rules on the collection of bets contained in Article 4 of Law No 401/89 and Article 88 of Royal Decree No 773/31, as amended by Article 37(4) and (5) of Law No 388 of 23 December 2000, Article 38 of Decree Law No 223/06 and Article 23 of the model agreement published in the Official Journal of the European Communities of 30 August 2006, compatible with Articles 43 and 49 of the Treaty establishing the European Community?
Commission Regulation (EU) No 752/2010 of 18 August 2010 establishing a prohibition of fishing for blue ling in EU waters and international waters of VI, VII by vessels flying the flag of Spain
Date: 2010-08-18
Institutions: European Commission
Subjects: EU waters, Spain, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010220EN.01005901.xml










21.8.2010   


EN


Official Journal of the European Union


L 220/59








            COMMISSION REGULATION (EU) No 752/2010
of 18 August 2010
         
establishing a prohibition of fishing for blue ling in EU waters and international waters of VI, VII by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 18 August 2010.


For the Commission, On behalf of the President,
Fokion FOTIADIS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 21, 26.1.2010, p. 1.




ANNEX






No


1/T&Q




Member State


Spain




Stock


BLI/67-




Species


Blue ling (Molva dypterygia)




Zone


EU waters and international waters of VI, VII




Date


1 January 2010
Commission Regulation (EU) No 747/2010 of 18 August 2010 on the issue of import licences for applications submitted in the first seven days of August 2010 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
Date: 2010-08-18
Institutions: European Commission
Subjects: Community certification, beef, import licence, product quality, quantitative restriction, tariff quota








L_2010218EN.01002101.xml










19.8.2010   


EN


Official Journal of the European Union


L 218/21








            COMMISSION REGULATION (EU) No 747/2010
of 18 August 2010
         
on the issue of import licences for applications submitted in the first seven days of August 2010 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009


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),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:







(1)


Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.












(2)


Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 7 August 2010 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,





HAS ADOPTED THIS REGULATION:



Article 1
Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 7 August 2010 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 79,54388 %.


Article 2
This Regulation shall enter into force on the 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, 18 August 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 182, 15.7.2009, p. 25.