do-me/EUR-LEX huggingface dataset:
Case C-222/09: Judgment of the Court (First Chamber) of 7 October 2010 (reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland)) — Kronospan Mielec sp. z o.o. v Dyrektor Izby Skarbowej w Rzeszowie (Sixth VAT Directive — Article 9(2)(c) and (e) — Research and development work carried out by engineers — Determination of the place where services are supplied)
Date: 2010-10-07
Institutions: Court of Justice
Subjects: Poland, approximation of laws, engineer, environmental protection, greenhouse gas, interpretation of the law, new technology, provision of services, reduction of gas emissions








C_2010328EN.01000701.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/7





Judgment of the Court (First Chamber) of 7 October 2010 (reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Republic of Poland)) — Kronospan Mielec sp. z o.o. v Dyrektor Izby Skarbowej w Rzeszowie
(Case C-222/09) (1)

(Sixth VAT Directive - Article 9(2)(c) and (e) - Research and development work carried out by engineers - Determination of the place where services are supplied)
2010/C 328/10
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Applicant: Kronospan Mielec sp. z o.o.

Defendant: Dyrektor Izby Skarbowej w Rzeszowie

Re:

Reference for a preliminary ruling — Naczelncy Sąd Administracyjny — Interpretation of the first indent of Article 9(2)(c) and of the third indent of Article 9(2)(e) 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 of Articles 52(a) and 56(1)(c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Determination, for taxation purposes, of the place where services are supplied — Research and development services provided to a taxable person established in the European Community but outside the Member State in which those services were physically carried out — Classification of those services as either ‘scientific activities’ or ‘services of engineers’

Operative part of the judgment

Services consisting of research and development work relating to the environment and technology, carried out by engineers established in one Member State on a contract basis for the benefit of a recipient established in another Member State, must be classified as ‘services of engineers’ within the meaning of Article 9(2)(e) 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.


(1)  OJ C 220, 12.9.2009.
Case C-515/08: Judgment of the Court (Second Chamber) of 7 October 2010 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium)) — Criminal proceedings against Vítor Manuel dos Santos Palhota, Mário de Moura Gonçalves, Fernando Luis das Neves Palhota, Termiso Limitada (Freedom to provide services — Articles 56 TFEU and 57 TFEU — Posting of workers — Restrictions — Employers established in another Member State — Registration of prior declaration of posting — Social or labour documents — Equivalent to those provided for under the law of the host Member State — Copy — Keeping available to the national authorities)
Date: 2010-10-07
Institutions: Court of Justice
Subjects: employer, foreign enterprise, interpretation of the law, services contract, social legislation








C_2010328EN.01000401.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/4





Judgment of the Court (Second Chamber) of 7 October 2010 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium)) — Criminal proceedings against Vítor Manuel dos Santos Palhota, Mário de Moura Gonçalves, Fernando Luis das Neves Palhota, Termiso Limitada
(Case C-515/08) (1)

(Freedom to provide services - Articles 56 TFEU and 57 TFEU - Posting of workers - Restrictions - Employers established in another Member State - Registration of prior declaration of posting - Social or labour documents - Equivalent to those provided for under the law of the host Member State - Copy - Keeping available to the national authorities)
2010/C 328/05
Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Antwerpen

Parties in the main proceedings

Vítor Manuel dos Santos Palhota, Mário de Moura Gonçalves, Fernando Luis das Neves Palhota, Termiso Limitada

Re:

Reference for a preliminary ruling — Rechtbank van eerste aanleg te Antwerpen — Interpretation of Articles 49 EC and 50 EC — National legislation requiring construction sector undertakings carrying out works in a Member State on a temporary basis to provide a declaration of posting to the authorities in the host country

Operative part of the judgment

Articles 56 TFEU and 57 TFEU preclude national legislation requiring an employer, established in another Member State and posting workers to the territory of the first Member State, to send a prior declaration of posting, in so far as the employer must be notified of a registration number for the declaration before the planned posting may take place and the national authorities of that first State have a period of five working days from receipt of the declaration to issue that notification.
Articles 56 TFEU and 57 TFEU do not preclude national legislation requiring an employer, established in another Member State and posting workers to the territory of the first Member State, to keep available to the national authorities of the latter, during the posting, copies of documents equivalent to the social or labour documents required under the law of the first Member State and also to send those copies to the authorities at the end of that period.


(1)  OJ C 44, 21.2.2009.
Case T-244/09: Judgment of the General Court of 7 October 2010 — Accenture Global Services v OHIM — Silver Creek Properties (ascensa) (Community trade mark — Opposition proceedings — Application for Community figurative mark acsensa — Earlier Community and national word and figurative marks ACCENTURE and accenture — Relative ground for refusal — No likelihood of confusion — No similarity of signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Obligation to state reasons — Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
Date: 2010-10-07
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, infringement of EU law, product designation, trade-mark law








C_2010317EN.01003002.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/30





Judgment of the General Court of 7 October 2010 — Accenture Global Services v OHIM — Silver Creek Properties (ascensa)
(Case T-244/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark acsensa - Earlier Community and national word and figurative marks ACCENTURE and accenture - Relative ground for refusal - No likelihood of confusion - No similarity of signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))
2010/C 317/55
Language of the case: English

Parties


Applicant: Accenture Global Services GmbH (Schaffhausen, Switzerland) (represented by: R. Niebel, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Silver Creek Properties SA (Panama, Panama)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 March 2009 (Case R 802/2008-2), relating to opposition proceedings between Accenture Global Services GmbH and Silver Creek Properties SA

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Accenture Global Services GmbH to pay the costs.






(1)  OJ C 193, 15.8.2009.
Case T-496/10: Action brought on 7 October 2010 — Bank Mellat v Council
Date: 2010-10-07
Institutions: General Court
Subjects: European Council, action for annulment, foreign policy, international sanctions








C_2010328EN.01005601.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/56





Action brought on 7 October 2010 — Bank Mellat v Council
(Case T-496/10)
()
2010/C 328/86
Language of the case: English

Parties


Applicant: Bank Mellat (Tehran, Iran) (represented by: S. Gadhia, S. Ashley, Solicitors, D. Anderson, QC and R. Blakeley, Barrister)

Defendant: Council of the European Union

Form of order sought







—


annul paragraph 2 of Table B of the Annex to Council Implementing Regulation (EU) No 668/2010 (1) in so far as it relates to the applicant;










—


annul paragraph 4 of Table B of Annex II to Council Decision 2010/413/CFSP (2) in so far as it relates to the applicant;










—


order the Council to pay the costs of the application.





Pleas in law and main arguments

In the present case the applicant seeks the partial annulment of Council Implementing Regulation No 668/2010 and of Council Decision 2010/413/CFSP in so far as the applicant is included on the list of natural and legal persons, entities and bodies whose funds and economic resources are frozen in accordance with this provision.
The three pleas in law relied on by the applicant are identical or similar to the first, second and fifth pleas relied on in Case T-492/10 Melli Bank v Council.


(1)  Council implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran, OJ 2010 L 195, p. 25


(2)  Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, OJ 2010 L 195, p. 39
Notice of the expiry of certain anti-dumping measures
Date: 2010-10-07
Institutions: European Commission
Subjects: United States, anti-dumping duty, anti-dumping legislation, anti-dumping measure, heat-resisting materials, import, organic acid, originating product








C_2010271EN.01002801.xml










7.10.2010   


EN


Official Journal of the European Union


C 271/28





Notice of the expiry of certain anti-dumping measures
2010/C 271/08
Further to the publication of a notice of impending expiry (1) following which no request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (2) on protection against dumped imports from countries not members of the European Community.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Trichloroisocyanuric acid


United States of America


Anti-dumping duty


Council Regulation (EC) No 1631/2005 (OJ L 261, 7.10.2005, p. 1)


8.10.2010






(1)  OJ C 104, 23.4.2010, p. 15.

(2)  OJ L 343, 22.12.2009, p. 51.
Commission Regulation (EU) No 888/2010 of 7 October 2010 not fixing a minimum selling price in response to the eighth individual invitation to tender for the sale of butter within the tendering procedure opened by Regulation (EU) No 446/2010
Date: 2010-10-07
Institutions: European Commission
Subjects: award of contract, butter, market intervention, minimum price, selling price








L_2010265EN.01001301.xml










8.10.2010   


EN


Official Journal of the European Union


L 265/13








            COMMISSION REGULATION (EU) No 888/2010
of 7 October 2010
         
not fixing a minimum selling price in response to the eighth individual invitation to tender for the sale of butter within the tendering procedure opened by Regulation (EU) No 446/2010


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), and in particular Article 43(j), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EU) No 446/2010 (2) has opened the sales of butter by a tendering procedure, in accordance with the conditions provided for in Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3).












(2)


In the light of the tenders received in response to individual invitations to tender, the Commission should fix a minimum selling price or should decide not to fix a minimum selling price, in accordance with Article 46(1) of Regulation (EU) No 1272/2009.












(3)


In the light of the tenders received for the eighth individual invitation to tender, no minimum selling price should be fixed.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the eighth individual invitation to tender for selling of butter within the tendering procedure opened by Regulation (EU) No 446/2010, in respect of which the time limit for the submission of tenders expired on 5 October 2010, no minimum selling price for butter shall be fixed.


Article 2
This Regulation shall enter into force on 8 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 October 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 126, 22.5.2010, p. 17.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Case T-452/08: Judgment of the General Court of 7 October 2010 — DHL Aviation and DHL Hub Leipzig v Commission (State aid — Air freight — Warranties relating to the operation of DHL’s new European hub at Leipzig-Halle Airport — Decision declaring the aid incompatible with the common market and ordering its recovery)
Date: 2010-10-07
Institutions: General Court
Subjects: European Commission, Germany, State aid, action for annulment (EU), airport, common market, control of State aid








C_2010317EN.01002801.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/28





Judgment of the General Court of 7 October 2010 — DHL Aviation and DHL Hub Leipzig v Commission
(Case T-452/08) (1)

(State aid - Air freight - Warranties relating to the operation of DHL’s new European hub at Leipzig-Halle Airport - Decision declaring the aid incompatible with the common market and ordering its recovery)
2010/C 317/49
Language of the case: English

Parties


Applicants: DHL Aviation SA/NV (Zaventem, Belgium) and DHL Hub Leipzig GmbH (Schkeuditz, Germany) (represented by: A. Burnside, Solicitor, and B. van de Walle de Ghelcke, of the Brussels Bar)

Defendant: European Commission (represented by: K. Gross, B. Martenczuk and E. Righini, Agents)

Re:

Application for the partial annulment of Commission Decision 2008/948/EC of 23 July 2008 on measures by Germany to assist DHL and Leipzig-Halle Airport (OJ 2008 L 346, p. 1)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders DHL Aviation SA/NV and DHL Hub Leipzig GmbH to pay the costs.






(1)  OJ C 6, 10.1.2009.
Case T-495/10: Action brought on 7 October 2010 — Bank Saderat v Council
Date: 2010-10-07
Institutions: General Court
Subjects: European Council, action for annulment, foreign policy, international sanctions








C_2010328EN.01005502.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/55





Action brought on 7 October 2010 — Bank Saderat v Council
(Case T-495/10)
()
2010/C 328/85
Language of the case: English

Parties


Applicant: Bank Saderat plc (London, United Kingdom) (represented by: S. Gadhia, S. Ashley, Solicitors, D. Anderson, QC and R. Blakeley, Barrister)

Defendant: Council of the European Union

Form of order sought







—


annul paragraph 5 of Table B of the Annex to Council Implementing Regulation (EU) No 668/2010 (1) in so far as it relates to the applicant;










—


annul paragraph 7 of Table B of Annex II to Council Decision 2010/413/CFSP (2) in so far as it relates to the applicant;










—


declare Article 7(2)(d) of Council Regulation (EC) No 423/2007 (3) inapplicable to the applicant; and










—


order the Council to pay the costs of the application.





Pleas in law and main arguments

In the present case the applicant seeks the partial annulment of Council Implementing Regulation No 668/2010 and of Council Decision 2010/413/CFSP in so far as the applicant is included on the list of natural and legal persons, entities and bodies whose funds and economic resources are frozen in accordance with this provision. Furthermore, the applicant applies, in accordance with Article 277 TFUE, for the inapplicability of Article 7(2)(d) of Council Regulation (EC) No 423/2007.
The pleas in law and main arguments relied on by the applicant are identical or similar to those relied on in Case T-492/10 Melli Bank v Council.


(1)  Council implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran, OJ 2010 L 195, p. 25


(2)  Council Decision of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, OJ 2010 L 195, p. 39


(3)  Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran, OJ 2007 L 103, p. 1
Case C-154/09: Judgment of the Court (Third Chamber) of 7 October 2010 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 2002/22/EC — Electronic communications — Networks and services — Articles 3(2) and 8(2) — Designation of undertakings responsible for universal service obligations — Incorrect transposition)
Date: 2010-10-07
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, anti-discriminatory measure, application of EU law, disclosure of information, electronic mail, provision of services, telecommunications industry








C_2010328EN.01000501.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/5





Judgment of the Court (Third Chamber) of 7 October 2010 — European Commission v Portuguese Republic
(Case C-154/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2002/22/EC - Electronic communications - Networks and services - Articles 3(2) and 8(2) - Designation of undertakings responsible for universal service obligations - Incorrect transposition)
2010/C 328/07
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: P. Guerra e Andrade and A. Nijenhuis, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent and L. Morais, lawyer)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 3(2) and 8(2) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51) — Designation of undertakings responsible for universal service obligations

Operative part of the judgment

The Court:






1.


Declares that, by failing to correctly transpose into national law the provisions of European Union law governing the designation of universal service provider(s) and, in any event, by failing to ensure in practice that those provisions are applied, the Portuguese Republic has failed to fulfil its obligations under Articles 3(2) and 8(2) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive).










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 153, 4.7.2009.
Case F-98/10: Action brought on 7 October 2010 — Cervelli v Commission
Date: 2010-10-07
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, indemnification, rights of civil servants








C_2011013EN.01004201.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/42





Action brought on 7 October 2010 — Cervelli v Commission
(Case F-98/10)
()
2011/C 13/83
Language of the case: French

Parties


Applicant: Francesca Cervelli (Brussels, Belgium) (represented by: J. R. García-Gallardo Gil-Fournier and M. Arias Díaz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission’s decision refusing to grant the applicant the expatriation allowance.

Form of order sought

The applicant claims that the Tribunal should:






—


declare the Commission's rejection decision of 30 June 2010 null and void;










—


order the European Commission to pay the costs.