do-me/EUR-LEX huggingface dataset:
Case C-392/09: Judgment of the Court (Third Chamber) of 30 September 2010 (reference for a preliminary ruling from the Baranya Megyei Bíróság — Republic of Hungary) — Uszodaépítő kft v APEH Központi Hivatal Hatósági Főosztály (Sixth VAT Directive — Directive 2006/112/EC — Right to deduct input tax — New national legislation — Requirements as to the content of an invoice — Retroactive application — Loss of the right to deduct)
Date: 2010-09-30
Institutions: Court of Justice
Subjects: VAT, delivery, goods and services, interpretation of the law, invoicing, provision of services, tax relief








C_2010317EN.01001001.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/10





Judgment of the Court (Third Chamber) of 30 September 2010 (reference for a preliminary ruling from the Baranya Megyei Bíróság — Republic of Hungary) — Uszodaépítő kft v APEH Központi Hivatal Hatósági Főosztály
(Case C-392/09) (1)

(Sixth VAT Directive - Directive 2006/112/EC - Right to deduct input tax - New national legislation - Requirements as to the content of an invoice - Retroactive application - Loss of the right to deduct)
2010/C 317/18
Language of the case: Hungarian

Referring court

Baranya Megyei Bíróság

Parties to the main proceedings


Applicant: Uszodaépítő kft

Defendant: APEH Központi Hivatal Hatósági Főosztály

Re:

Interpretation of Articles 17 and 20 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), and the general principles of Community law — New national legislation on VAT giving taxable persons the right to opt for its application, even retroactively, to cases in progress on the date of its entry into force — Application with retroactive effect, failing which the right to deduct is lost, of the new provisions regarding the requirements as to the contents of the invoice

Operative part of the judgment

Articles 167, 168 and 178 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding the retroactive application of national legislation which, in the context of a reverse charge regime, makes the deduction of value added tax relating to construction works conditional upon the amendment of invoices for those services and the submission of a supplementary, amending tax declaration, while the tax authority concerned has all the information necessary to establish that the taxable person is, as the recipient of the supply of services at issue, liable to value added tax, and to ascertain the amount of tax deductible.


(1)  OJ C 11, 16.1.2010.
Case C-314/09: Judgment of the Court (Third Chamber) of 30 September 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Stadt Graz v Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH (Directive 89/665/EEC — Public procurement — Review procedures — Actions for damages — Unlawful award — National rule on liability based on a presumption that the contracting authority is at fault)
Date: 2010-09-30
Institutions: Court of Justice
Subjects: approximation of laws, award of contract, infringement of EU law, interpretation of the law, public contract, supplies contract, works contract








C_2010317EN.01000902.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/9





Judgment of the Court (Third Chamber) of 30 September 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Stadt Graz v Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH
(Case C-314/09) (1)

(Directive 89/665/EEC - Public procurement - Review procedures - Actions for damages - Unlawful award - National rule on liability based on a presumption that the contracting authority is at fault)
2010/C 317/17
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Stadt Graz

Defendants: Strabag AG, Teerag-Asdag AG, Bauunternehmung Granit GesmbH

In the presence of: Land Steiermark

Re:

Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Articles 1(1) and 2(1)(c) and (7) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33) — Award of a public contract in accordance with a decision of the appeal court which binds the contracting authority — Unlawfulness of the award of the public contract in consequence of an infringement of national legislation — Necessary conditions for an action for damages and interest — Principle of effectiveness

Operative part of the judgment

Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Council Directive 92/50/EEC of 18 June 1992, must be interpreted as precluding national legislation which makes the right to damages for an infringement of public procurement law by a contracting authority conditional on that infringement being culpable, including where the application of that legislation rests on a presumption that the contracting authority is at fault and on the fact that the latter cannot rely on a lack of individual abilities, hence on the defence that it cannot be held accountable for the alleged infringement.


(1)  OJ C 267, 07.11.2009.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2010-09-30
Institutions: European Commission
Subjects: Norway, State aid, control of State aid, small and medium-sized enterprises








C_2010265EN.01000701.xml










30.9.2010   


EN


Official Journal of the European Union


C 265/7





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1 j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2010/C 265/06
PART I







Aid No


GBER 18/2009/TRA




EFTA State


Norway




Granting authority


Name


Ministry of Agriculture and Food




Address
Webpage







Postboks 8007 Dep.




0030 Oslo




NORWAY




http://www.regjeringen.no/




Title of the aid measure


Measures concerning forests, energy and climate change




National legal basis (Reference to the relevant national official publication)


State Budget: St. Prp. 1 (2008-2009)
St. Prp. 37 (2008-2009)




Web link to the full text of the aid measure


http://www.innovasjonnorge.no/Satsinger/Landbruk/Bioenergiprogrammet/




Type of measure


Scheme


X




Duration


Scheme


1.5.2009 to 1.1.2014




Economic sector(s) concerned


All economic sectors eligible to receive aid


X




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


NOK 2 million




Aid instrument (Article 5)


Grant


X




PART II







General Objectives (list)


Objectives (list)


Maximum aid intensity in % or Maximum aid amount in NOK




Training aid (Articles 38-39)


Specific training (Article 38(1))


25 %




 


General training (Article 38(2))


60 %
No State aid within the meaning of Article 61 of the EEA Agreement
Date: 2010-09-30
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, disclosure of information, vocational training








C_2010265EN.01000601.xml










30.9.2010   


EN


Official Journal of the European Union


C 265/6





No State aid within the meaning of Article 61 of the EEA Agreement
2010/C 265/05
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


24 February 2010




Case Number


:


67099




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Training Aid granted by Innovation Norway to the Romanian companies SC Promex SA and SC 24 Januarie SA




Legal basis


:


Agreement in the form of an exchange of letters between the European Community and the Kingdom of Norway concerning a Co-operation Programme for Economic Growth and Sustainable Development in Romania of 25 July 2007




Type of measure


:


Training aid




Form of aid


:


Grant




Budget


:


EUR 247,051




Intensity


:


24 %




Duration


:


Until 30 April 2011




Name and address of the granting authority


:







Innovation Norway




Akersgata 13




PO Box 448




0104 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Euro exchange rates
Date: 2010-09-30
Institutions: European Commission
Subjects: euro, exchange rate








C_2010265EN.01000401.xml










30.9.2010   


EN


Official Journal of the European Union


C 265/4





Euro exchange rates (1)

29 September 2010
2010/C 265/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3611




JPY


Japanese yen


113,85




DKK


Danish krone


7,4517




GBP


Pound sterling


0,86180




SEK


Swedish krona


9,1545




CHF


Swiss franc


1,3295




ISK


Iceland króna


 




NOK


Norwegian krone


7,9670




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,570




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


276,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


3,9743




RON


Romanian leu


4,2750




TRY


Turkish lira


1,9817




AUD


Australian dollar


1,3999




CAD


Canadian dollar


1,3978




HKD


Hong Kong dollar


10,5607




NZD


New Zealand dollar


1,8388




SGD


Singapore dollar


1,7914




KRW


South Korean won


1 551,99




ZAR


South African rand


9,4699




CNY


Chinese yuan renminbi


9,1014




HRK


Croatian kuna


7,2965




IDR


Indonesian rupiah


12 151,22




MYR


Malaysian ringgit


4,1990




PHP


Philippine peso


59,752




RUB


Russian rouble


41,3725




THB


Thai baht


41,459




BRL


Brazilian real


2,3247




MXN


Mexican peso


16,9450




INR


Indian rupee


61,1500






(1)  Source: reference exchange rate published by the ECB.
Case C-104/09: Judgment of the Court (Second Chamber) of 30 September 2010 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA (Social policy — Equal treatment for male and female workers — Directive 76/207/EEC — Articles 2 and 5 — Right to leave for employed mothers — Possible use by an employed mother or an employed father — Mother self-employed — Exclusion of the right to leave for an employed father)
Date: 2010-09-30
Institutions: Court of Justice
Subjects: Spain, equal treatment, gender equality, interpretation of the law, maternity leave, milk, paternity leave, working time








C_2010317EN.01000801.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/8





Judgment of the Court (Second Chamber) of 30 September 2010 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA
(Case C-104/09) (1)

(Social policy - Equal treatment for male and female workers - Directive 76/207/EEC - Articles 2 and 5 - Right to leave for employed mothers - Possible use by an employed mother or an employed father - Mother self-employed - Exclusion of the right to leave for an employed father)
2010/C 317/14
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings


Applicant: Pedro Manuel Roca Álvarez

Defendant: Sesa Start España ETT SA

Re:

Reference for a preliminary ruling — Tribunal Superior de Justicia de Galicia — Interpretation of Article 13 EC and Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40), as amended by Directive 2002/73 (OJ 2002 L 269, p. 25) — National legislation conferring on mothers who are employees a right to leave for feeding an unweaned child, which may be exercised by the mother or the father in the form of a reduction in working time — Exclusion where the mother is self-employed and the father is an employee — Principle of equal treatment

Operative part of the judgment

Article 2(1), (3) and (4) and Article 5 of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, must be interpreted as precluding a national measure such as the one at issue in the main proceedings, which provides that female workers who are mothers and whose status is that of an employed person are entitled, in various ways, to take leave during the first nine months following the child’s birth, whereas male workers who are fathers with that same status are not entitled to the same leave unless the child’s mother is also an employed person.


(1)  OJ C 141, 20.06.2009.
Prior notification of a concentration (Case COMP/M.5934 — Veolia Water UK and Veolia Voda/Subsidiaries of United Utilities Group)  Text with EEA relevance
Date: 2010-09-30
Institutions: European Commission
Subjects: economic concentration, environmental protection, exchange of information, merger control, waste management, water








C_2010265EN.01001701.xml










30.9.2010   


EN


Official Journal of the European Union


C 265/17





Prior notification of a concentration
(Case COMP/M.5934 — Veolia Water UK and Veolia Voda/Subsidiaries of United Utilities Group)
(Text with EEA relevance)
2010/C 265/10






1.


On 23 September 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Veolia Water UK Plc (‘VWUK’, UK) and Veolia Voda SA (‘VV’, Czech Republic) both ultimately controlled by Veolia Environment SA (‘VE’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of certain businesses of United Utilities Group PLC (‘the Target Business’, UK) in UK by way of purchase of shares. In addition, VE Group will acquire shareholdings of the Target Business in water operating concessions in Bulgaria, Estonia and Poland.










2.


The business activities of the undertakings concerned are:






—


for VWUK: provision of outsourced water and wastewater management services to regulated water and wastewater companies and industrial customers in UK and Ireland,










—


for VV: provision of water and wastewater infrastructures and services in Central and Eastern Europe,










—


for VE group: provision of environmental management services,










—


for the Target Business: provision of outsourced water and wastewater management services to regulated water and wastewater companies and industrial customers in UK and utility connections in UK. In Bulgaria, Poland and Estonia it has interests in companies operating concessions for the municipal supply of water and wastewater infrastructure and services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5934 — Veolia Water UK and Veolia Voda/Subsidiaries of United Utilities Group, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Commission Regulation (EU) No 866/2010 of 30 September 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-09-30
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit








L_2010259EN.01000101.xml










1.10.2010   


EN


Official Journal of the European Union


L 259/1








            COMMISSION REGULATION (EU) No 866/2010
of 30 September 2010
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 1 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 September 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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


84,4 




MK 


53,8 




TR 


50,2 




ZZ 


62,8 




0707 00 05 


TR 


125,2 




ZZ 


125,2 




0709 90 70 


TR 


121,3 




ZZ 


121,3 




0805 50 10 


AR 


116,0 




CL 


126,4 




EG 


66,3 




IL 


116,3 




MA 


157,0 




TR 


106,3 




UY 


128,7 




ZA 


101,6 




ZZ 


114,8




0806 10 10 


TR 


117,7 




ZA 


56,9 




ZZ 


87,3 




0808 10 80 


AR 


56,1 




AU 


217,4 




BR 


48,8 




CL 


118,5 




CN 


82,6 




NZ 


105,6 




US 


85,4 




ZA 


83,1 




ZZ 


99,7 




0808 20 50 


CN 


83,7 




ZA 


88,6 




ZZ 


86,2 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case F-29/09: Judgment of the Civil Service Tribunal (Third Chamber) of 30 September 2010 — Lebedef and Jones v Commission (Civil Service — Officials — Remuneration — Article 64 of the Staff Regulations — First subparagraph of Article 3(5) and Article 9 of Annex XI to the Staff Regulations — Weighting — Equal treatment)
Date: 2010-09-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, family benefit, legal expenses, rights of civil servants








C_2010328EN.01006002.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/60





Judgment of the Civil Service Tribunal (Third Chamber) of 30 September 2010 — Lebedef and Jones v Commission
(Case F-29/09) (1)

(Civil Service - Officials - Remuneration - Article 64 of the Staff Regulations - First subparagraph of Article 3(5) and Article 9 of Annex XI to the Staff Regulations - Weighting - Equal treatment)
2010/C 328/97
Language of the case: French

Parties


Applicant: Georgio Lebedef (Senningerberg, Luxembourg) and Trevor Jones (Ernzen, Luxembourg) (represented by: F. Frabetti and J.-Y. Vergnaud, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: K. Zieleśkiewicz and M. Bauer, acting as Agents)

Re:

Application for annulment of the decision refusing to bring the purchasing power of remunerations in Luxembourg to a level equivalent to that of the purchasing power of remunerations in Brussels and, in the alternative, application for annulment of the applicants’ remuneration statements issued with effect from 15 June 2008.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Lebedef and Mr Jones to pay all the costs, with the exception of those incurred by the Council of the European Union;










3.


Orders the Council of the European Union, intervener, to bear its own costs.






(1)  OJ C 129, 6.6.2009, p. 21.