do-me/EUR-LEX huggingface dataset:
Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Directive amending Directive 2008/9/EC laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State’ — COM(2010) 381 final — 2010/0205 (CNS)
Date: 2010-09-15
Institutions: European Economic and Social Committee
Subjects: VAT, basis of tax assessment, distributive trades, provision of services, tax exemption, tax harmonisation, tax relief








C_2011048EN.01016701.xml










15.2.2011   


EN


Official Journal of the European Union


C 48/167





Opinion of the European Economic and Social Committee on the‘Proposal for a Council Directive amending Directive 2008/9/EC laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State’
COM(2010) 381 final — 2010/0205 (CNS)
2011/C 48/31
On 4 August 2010 the Council decided to consult the European Economic and Social Committee, under Article 113 of the Treaty on the Functioning of the European Union, on the

‘Proposal for a Council Directive amending Directive 2008/9/EC laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State’

COM(2010)381 final – 2010/0205 (CNS).
Since the Committee endorses the content of the proposal and feels that it requires no comment on its part, it decided unanimously, at its 465th plenary session of 15 and 16 September 2010 (meeting of 15 September 2010), to issue an opinion endorsing the proposed text.

Brussels, 15 September 2010.


The President of the European Economic and Social Committee

Mario SEPI
Case T-416/10: Action brought on 15 September 2010 — Yoshida Metal Industry v OHMI — Pi-Design and Others (surface covered with black circles)
Date: 2010-09-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment








C_2010328EN.01003202.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/32





Action brought on 15 September 2010 — Yoshida Metal Industry v OHMI — Pi-Design and Others (surface covered with black circles)
(Case T-416/10)
()
2010/C 328/56
Language in which the application was lodged: English

Parties


Applicant: Yoshida Metal Industry Co., Ltd (Niigata, Japan) (represented by: S. Verea, K. Muraro, M. Balestriero, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other parties to the proceedings before the Board of Appeal: Pi-Design AG (Triengen, Switzerland), Bodum France SA (Neuilly sur Seine, France), Bodum Logistics A/S (Billund, Denmark)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 May 2010 in case R 1237/2008-1;










—


Confirm the decision of the Cancellation Division of 15 July 2008 regarding Community trade mark application No 1372580;










—


Confirm the validity of Community trade mark registration No 1372580;










—


Order the defendant and the other parties to the proceedings before the Board of Appeal to pay the costs of the proceedings.





Pleas in law and main arguments


Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark representing a surface covered with black circles for goods in classes 8 and 21 — Community trade mark registration No 1372580

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: The other parties to the proceedings before the Board of Appeal

Trade mark right of the parties requesting the declaration of invalidity: The parties requesting the declaration of invalidity grounded their request on absolute grounds for refusal pursuant to Article 7 of Council Regulation (EC) No 207/2009

Decision of the Cancellation Division: Rejected the application for declaration of invalidity of the Community trade mark

Decision of the Board of Appeal: Annulled the contested decision and declared the Community trade mark registration invalid

Pleas in law: Infringement of Article 7(1)(e)(ii) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in concluding that the provisions of this article are applicable to the contested Community trade mark.
Case C-444/10: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 15 September 2010 — Finanzamt Lüdenscheid v Christel Schriever
Date: 2010-09-15
Institutions: Court of Justice
Subjects: VAT, business lease, interpretation of the law, lease, transfer of property








C_2010317EN.01001902.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/19





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 15 September 2010 — Finanzamt Lüdenscheid v Christel Schriever
(Case C-444/10)
()
2010/C 317/35
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Finanzamt Lüdenscheid

Defendant: Christel Schriever

Questions referred







1.


Is there a ‘transfer’ of a totality of assets within the meaning of Article 5(8) of Sixth Council Directive 77/388/EEC (1) 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 in the case where a trader transfers ownership of the stock and shop installations of his retail outlet to a purchaser and merely leases the premises which he owns to the purchaser?










2.


Is it relevant in that regard whether the premises were leased on the basis of a long-term lease contract for use or whether the lease contract is concluded for an indefinite period and may be terminated by either party at short notice?






(1)  OJ 1977 L 145, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5922 — Posco/Daewoo International)  Text with EEA relevance
Date: 2010-09-15
Institutions: European Commission
Subjects: agricultural product, chemical product, distributive trades, economic concentration, exchange of information, industrial manufacturing, iron and steel industry, merger control, motor vehicle industry, textile product








C_2010248EN.01000101.xml










15.9.2010   


EN


Official Journal of the European Union


C 248/1





Non-opposition to a notified concentration
(Case COMP/M.5922 — Posco/Daewoo International)
(Text with EEA relevance)
2010/C 248/01
On 3 September 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5922. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2010-09-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2010248EN.01000201.xml










15.9.2010   


EN


Official Journal of the European Union


C 248/2





Euro exchange rates (1)

14 September 2010
2010/C 248/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2850




JPY


Japanese yen


107,04




DKK


Danish krone


7,4461




GBP


Pound sterling


0,83430




SEK


Swedish krona


9,2260




CHF


Swiss franc


1,2911




ISK


Iceland króna


 




NOK


Norwegian krone


7,8780




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,563




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


283,76




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7088




PLN


Polish zloty


3,9439




RON


Romanian leu


4,2355




TRY


Turkish lira


1,9294




AUD


Australian dollar


1,3758




CAD


Canadian dollar


1,3199




HKD


Hong Kong dollar


9,9810




NZD


New Zealand dollar


1,7615




SGD


Singapore dollar


1,7195




KRW


South Korean won


1 495,24




ZAR


South African rand


9,1879




CNY


Chinese yuan renminbi


8,6690




HRK


Croatian kuna


7,2830




IDR


Indonesian rupiah


11 519,41




MYR


Malaysian ringgit


3,9935




PHP


Philippine peso


57,051




RUB


Russian rouble


39,5570




THB


Thai baht


39,591




BRL


Brazilian real


2,2008




MXN


Mexican peso


16,5471




INR


Indian rupee


59,6500






(1)  Source: reference exchange rate published by the ECB.
Case T-157/09 P: Order of the General Court of 15 September 2010 — Marcuccio v Commission (Appeal — Civil Service — Officials — Reasonable time for the submission of a claim for compensation — Lateness — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2010-09-15
Institutions: General Court
Subjects: European Commission, action for annulment, civil servant, civil service








C_2010301EN.01003101.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/31





Order of the General Court of 15 September 2010 — Marcuccio v Commission
(Case T-157/09 P) (1)

(Appeal - Civil Service - Officials - Reasonable time for the submission of a claim for compensation - Lateness - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2010/C 301/52
Language of the case: Italian

Parties


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

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, agents, and A. Dal Ferro, lawyer)

Re:

Appeal lodged against the order of the European Union Civil Service Tribunal (First Chamber) of 18 February 2009 in Case F-42/08 Marcuccio v Commission ECR-SC 0000, seeking the annulment of that order.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio shall bear his own costs and pay those incurred by the European Commission in the present proceedings.






(1)  OJ C 141, 20.6.2009.