do-me/EUR-LEX huggingface dataset:
Case C-570/08: Judgment of the Court (Third Chamber) of 21 October 2010 (reference for a preliminary ruling from the Anotato Dikastirio tis Kipriakis Dimokratias (Cyprus)) — Simvoulio Apokhetefseon Lefkosias v Anatheoritiki Arkhi Prosforon (Public contracts — Directive 89/665/EEC — Article 2(8) — Body responsible for review procedures that is not judicial in character — Annulment of the contracting authority’s decision to accept a tender — Possibility for the contracting authority to appeal against that annulment before a judicial body)
Date: 2010-10-21
Institutions: Court of Justice
Subjects: EU law, courts and tribunals, interpretation of the law








C_2010346EN.01000801.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/8





Judgment of the Court (Third Chamber) of 21 October 2010 (reference for a preliminary ruling from the Anotato Dikastirio tis Kipriakis Dimokratias (Cyprus)) — Simvoulio Apokhetefseon Lefkosias v Anatheoritiki Arkhi Prosforon
(Case C-570/08) (1)

(Public contracts - Directive 89/665/EEC - Article 2(8) - Body responsible for review procedures that is not judicial in character - Annulment of the contracting authority’s decision to accept a tender - Possibility for the contracting authority to appeal against that annulment before a judicial body)
2010/C 346/12
Language of the case: Greek

Referring court

Anotato Dikastirio tis Kipriakis Dimokratias

Parties to the main proceedings


Applicant: Simvoulio Apokhetefseon Lefkosias

Defendant: Anatheoritiki Arkhi Prosforon

Re:

Reference for a preliminary ruling — Anotato Dikastirio Kiprou (Cyprus) — Interpretation of Article 2(8) 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) — Right of a contracting authority to judicial review of decisions of a responsible body, within the meaning of that provision, which is not judicial in character

Operative part of the judgment

Article 2(8) 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, as amended by Council Directive 92/50/EEC of 18 June 1992, must be interpreted as not requiring the Member States to provide, also for contracting authorities, a right to seek judicial review of the decisions of non-judicial bodies responsible for review procedures concerning the award of public contracts. However, that provision does not prevent the Member States from providing, in their legal systems, such a review procedure in favour of contracting authorities.


(1)  OJ C 55, 7.3.2009.
Case T-474/08: Judgment of the General Court of 21 October 2010 — Umbach v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a contract concluded under the TACIS programme — Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court — Partial refusal of access — Request for access based on the principles deriving from the EU Treaty — Overriding public interest)
Date: 2010-10-21
Institutions: General Court
Subjects: Central and Eastern Europe, EU programme, European Commission, access to EU information, action for annulment, provision of documents








C_2010328EN.01002902.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/29





Judgment of the General Court of 21 October 2010 — Umbach v Commission
(Case T-474/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a contract concluded under the TACIS programme - Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court - Partial refusal of access - Request for access based on the principles deriving from the EU Treaty - Overriding public interest)
2010/C 328/49
Language of the case: German

Parties


Applicant: Dieter C. Umbach (Bangkok, Thailand) (represented by: M. Stephani, lawyer)

Defendant: European Commission (represented by: P. Costa de Oliveira and T. Scharf, acting as Agents)

Re:

Application for annulment of the Commission’s decision of 2 September 2008 refusing the applicant access to certain data in documents concerning a contract headed ‘TACIS Service Contract No 98.0414’ relating to assistance in the drafting of an administrative code for the Russian Federation

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders Mr Dieter C. Umbach to pay the costs.






(1)  OJ C 32, 7.2.2009.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j 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: 2010-10-21
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, research and development, small and medium-sized enterprises








C_2010285EN.01001201.xml










21.10.2010   


EN


Official Journal of the European Union


C 285/12





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j 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 285/04
PART I








Aid No


GBER 19/09/R&D




EFTA State


Norway




Granting authority







Finnmark fylkeskommune




Henry Karlsens plass 1




9815 Vadsø




NORWAY






 




http://www.ffk.no


 




Title of the aid measure


Development aid 2009 for Gaisa Næringshage




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


Decision from Finnmark County Council
Date 25 August 2009




 


Ad hoc aid


x







Gaisa Næringshage




9845 Tana




NORWAY








Date of granting


Ad hoc aid


25.8.2009




Economic sector(s) concerned


All economic sectors eligible to receive aid


x




Type of beneficiary


SME


x




Overall amount of the ad hoc aid awarded to the undertaking


NOK 0,25 (in millions)




Aid instrument (Article 5)


Grant


x




PART II









General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME-bonuses in %




Aid for research, development and innovation
(Articles 30-37)


Aid for research and development projects
(Article 31)


Fundamental research
(Article 31(2)(a))


… %


 




Industrial research
(Article 31(2)(b))


… %


 




Experimental development
(Article 31(2)(c))


13,36 %
Case C-504/10: Reference for a preliminary ruling from the Supreme Court of the Slovak Republic lodged on 21 October 2010 — TANOARCH s.r.o. v Tax Directorate of the Slovak Republic
Date: 2010-10-21
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, patent, provision of services, tax exemption








C_2011046EN.01000201.xml










12.2.2011   


EN


Official Journal of the European Union


C 46/2





Reference for a preliminary ruling from the Supreme Court of the Slovak Republic lodged on 21 October 2010 — TANOARCH s.r.o. v Tax Directorate of the Slovak Republic
(Case C-504/10)
2011/C 46/02
Language of the case: Slovak

Referring court

The Supreme Court of the Slovak Republic

Parties to the main proceedings


Applicant: TANOARCH s.r.o.

Defendant: Tax Directorate of the Slovak Republic

Questions referred







1.


Does Article 2(1) of the 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 permit a provision whereby a taxpayer may deduct, from his own tax liability, tax on goods and services which he uses for the purposes of his business as a taxpayer, if that tax has been charged to him by another inland taxpayer, on goods and services supplied or to be supplied, in circumstances where the plaintiff, in his capacity as co-applicant in respect of an invention on which a patent has yet to be granted, already owns, as a matter of law, the right independently to use the invention which is the subject-matter of the patent as a whole?










2.


Does the Sixth Directive permit the interpretation that a taxpayer’s existing legal right independently to use a patent results in the legal impossibility of using a service for supplies of goods and services as a taxpayer, and that this results in the legal consumption of the service acquired?










3.


Is the abuse of a taxpayer’s right to deduct input VAT under the Judgment of the Court of Justice of the European Communities of 21 February 2006, Case C-255/02 Halifax and Others, affected by the fact that, regarding the substance of the matter, the invention has not yet been registered as a patent and only parts thereof are operated?






(1)  OJ 1977 L 145, p. 1
Euro exchange rates
Date: 2010-10-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2010285EN.01000601.xml










21.10.2010   


EN


Official Journal of the European Union


C 285/6





Euro exchange rates (1)

20 October 2010
2010/C 285/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3861




JPY


Japanese yen


112,59




DKK


Danish krone


7,4581




GBP


Pound sterling


0,88200




SEK


Swedish krona


9,3115




CHF


Swiss franc


1,3355




ISK


Iceland króna


 




NOK


Norwegian krone


8,1585




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,503




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


275,58




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7095




PLN


Polish zloty


3,9593




RON


Romanian leu


4,3068




TRY


Turkish lira


1,9811




AUD


Australian dollar


1,4151




CAD


Canadian dollar


1,4260




HKD


Hong Kong dollar


10,7604




NZD


New Zealand dollar


1,8489




SGD


Singapore dollar


1,8116




KRW


South Korean won


1 566,02




ZAR


South African rand


9,6280




CNY


Chinese yuan renminbi


9,2202




HRK


Croatian kuna


7,3320




IDR


Indonesian rupiah


12 389,96




MYR


Malaysian ringgit


4,3267




PHP


Philippine peso


60,149




RUB


Russian rouble


42,6950




THB


Thai baht


41,486




BRL


Brazilian real


2,3200




MXN


Mexican peso


17,2757




INR


Indian rupee


61,5010






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EU) No 946/2010 of 21 October 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-10-21
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2010278EN.01000901.xml










22.10.2010   


EN


Official Journal of the European Union


L 278/9








            COMMISSION REGULATION (EU) No 946/2010
of 21 October 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 22 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 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 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 


77,1 




MK 


80,4 




XS 


73,2 




ZZ 


76,9 




0707 00 05 


MK 


87,5 




TR 


155,0 




ZZ 


121,3 




0709 90 70 


TR 


140,0 




ZZ 


140,0 




0805 50 10 


AR 


72,5 




CL 


46,3 




IL 


91,2 




TR 


90,3 




ZA 


64,8 




ZZ 


73,0 




0806 10 10 


BR 


211,4 




TR 


140,6 




US 


155,2 




ZA 


64,2 




ZZ 


142,9 




0808 10 80 


AR 


76,6 




BR 


59,6 




CL 


85,0 




CN 


64,2 




NZ 


94,5 




US 


82,6 




ZA 


93,1 




ZZ 


79,4 




0808 20 50 


CN 


72,2 




ZA 


88,6 




ZZ 


80,4 






(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’.
Opinion of the European Economic and Social Committee on the ‘Amended proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies’ COM(2010) 391 final — 2008/0009 (COD)
Date: 2010-10-21
Institutions: European Economic and Social Committee
Subjects: disclosure of information, member country, merger, public limited company








C_2011051EN.01003601.xml










17.2.2011   


EN


Official Journal of the European Union


C 51/36





Opinion of the European Economic and Social Committee on the ‘Amended proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies’
(Codification)
COM(2010) 391 final — 2008/0009 (COD)
2011/C 51/07
On 16 September 2010 the European Parliament decided to consult the European Economic and Social Committee, under Article 50(1) and (2)(g) and Article 304 of the Treaty on the Functioning of the European Union, on the

Amended proposal for a Directive of the European Parliament and of the Council concerning mergers of public limited liability companies

COM(2010) 391 final — 2008/0009 (COD).
Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 466th plenary session of 21 October 2010, by 114 votes with 4 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 21 October 2010.


The President of the European Economic and Social Committee

Staffan NILSSON
Case T-503/10: Action brought on 21 October 2010 — IDT Biologika v Commission
Date: 2010-10-21
Institutions: General Court
Subjects: European Commission, Serbia, action for annulment, rabies, vaccine








C_2010346EN.01005402.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/54





Action brought on 21 October 2010 — IDT Biologika v Commission
(Case T-503/10)
()
2010/C 346/106
Language of the case: German

Parties


Applicant: IDT Biologika GmbH (Dessau-Roßlau, Germany) (represented by: R. Gross and T. Kroupa, lawyers)

Defendant: European Commission

Form of order sought







—


Annul the decision of the Delegation of the European Union to the Republic of Serbia of 10 August 2010 rejecting the tender submitted in respect of Lot No 1 by IDT Biologika GmbH in response to the call for tenders (reference EuropeAid/129809/C/SUP/RS) for the supply of rabies vaccines to the beneficiary Ministry of Agriculture, Forestry and Water Supply of the Republic of Serbia, and awarding the contract to a consortium of various firms led by ‘Biovet a.s.’;










—


order the defendant to pay the costs.





Pleas in law and main arguments

The applicant challenges the European Commission’s decision of 10 August 2010 to choose a tenderer other than the applicant in the context of a call for tenders for the supply of rabies vaccines (publication reference EuropeAid/129809/C/SUP/RS).
In support of its claim, the applicant alleges infringement of Article 252(3) of Regulation (EC, Euratom) No 2342/2002, (1) in that the chosen tender does not satisfy the technical requirements specified in the tender dossier with regard to the requisite non-virulence to humans of the vaccines offered or with regard to the requisite authorisations and should, therefore, necessarily have been disregarded.
Further, the applicant alleges infringement of the principles of equal treatment and transparency under Article 89(1) of Regulation (EC, Euratom) No 1605/2002, (2) since the applicant’s tender alone satisfies all the requirements with regard to the technical specifications and yet another tender was chosen.


(1)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 357, p. 1).

(2)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1).
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j 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: 2010-10-21
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, development aid, research and development, small and medium-sized enterprises








C_2010285EN.01001401.xml










21.10.2010   


EN


Official Journal of the European Union


C 285/14





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j 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 285/06
PART I








Aid No


GBER 21/09/R&D




EFTA State


Norway




Granting authority







Finnmark fylkeskommune




Henry Karlsens plass 1




9815 Vadsø




NORWAY




http://www.ffk.no






 




Title of the aid measure


Development aid 2009 for Hermetikken Næringshage AS




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


Decision from Finnmark County Council
Date 25 August 2009




 


Ad hoc aid


x







Hermetikken Næringshage AS




9800 Vadsø




NORWAY








Date of granting


Ad hoc aid


25.8.2009




Economic sector(s) concerned


All economic sectors eligible to receive aid


x




Type of beneficiary


SME


x




Overall amount of the ad hoc aid awarded to the undertaking


NOK 0,25 (in millions)




Aid instrument (Article 5)


Grant


x




PART II









General Objectives (list)


Objectives (list)


Maximum aid intensity in % or Maximum aid amount in NOK


SME-bonuses in %




Aid for research, development and innovation (Articles 30-37)


Aid for research and development projects (Article 31)


Fundamental research (Article 31(2)(a))


… %


 




Industrial research (Article 31(2)(b))


… %


 




Experimental development (Article 31(2)(c))


4,7 %
Commission Regulation (EU) No 952/2010 of 21 October 2010 not fixing a minimum selling price in response to the ninth individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2010-10-21
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2010278EN.01002201.xml










22.10.2010   


EN


Official Journal of the European Union


L 278/22








            COMMISSION REGULATION (EU) No 952/2010
of 21 October 2010
         
not fixing a minimum selling price in response to the ninth individual invitation to tender for the sale of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010


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 447/2010 (2) has opened the sales of skimmed milk powder 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 ninth 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 ninth individual invitation to tender for selling of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010, in respect of which the time limit for the submission of tenders expired on 19 October 2010, no minimum selling price for skimmed milk powder shall be fixed.


Article 2
This Regulation shall enter into force on 22 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 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. 19.

(3)  
            OJ L 349, 29.12.2009, p. 1.