do-me/EUR-LEX huggingface dataset:
Case C-41/10: Judgment of the Court (Eighth Chamber) of 28 October 2010 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Direct insurance other than life assurance — Directives 73/239/EEC and 92/49/EEC — Mutual societies active in the supplementary sickness insurance market — Incorrect or incomplete transposition)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, approval, financial solvency, health insurance, mutual assistance scheme, national implementing measure, social security








C_2010346EN.01002101.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/21





Judgment of the Court (Eighth Chamber) of 28 October 2010 — European Commission v Kingdom of Belgium
(Case C-41/10) (1)

(Failure of a Member State to fulfil obligations - Direct insurance other than life assurance - Directives 73/239/EEC and 92/49/EEC - Mutual societies active in the supplementary sickness insurance market - Incorrect or incomplete transposition)
2010/C 346/34
Language of the case: French

Parties


Applicant: European Commission (represented by: G. Rozet and N. Yerrell, acting as Agents)

Defendant: Kingdom of Belgium (represented by: M. Jacobs and L. Van den Broeck, acting as Agents)

Re:

Failure of Member States to fulfil obligations — Incorrect and incomplete transposition of Articles 6, 8, 15, 16 and 17 of Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3) and of Articles 20, 21 and 22 of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ 1992 L 228, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by its incorrect and incomplete transposition of First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance, as amended by Directive 2002/13/EC of the European Parliament and of the Council of 5 March 2002, and Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive), the Kingdom of Belgium has failed to fulfil its obligations under, in particular, Articles 6, 8, 15, 16 and 17 of Directive 73/129, as amended by Directive 2002/13, and Articles 20, 21 and 22 of Directive 92/49;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 80, 27.3.2010.
Commission Regulation (EU) No 980/2010 of 28 October 2010 establishing a prohibition of fishing for common sole in VIIIa and VIIIb by vessels flying the flag of Belgium
Date: 2010-10-28
Institutions: European Commission
Subjects: Belgium, catch quota, fishing regulations, fishing rights, protected area, protected species, sea fish, ship's flag








L_2010285EN.01002101.xml










30.10.2010   


EN


Official Journal of the European Union


L 285/21








            COMMISSION REGULATION (EU) No 980/2010
of 28 October 2010
         
establishing a prohibition of fishing for common sole in VIIIa and VIIIb by vessels flying the flag of Belgium


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 that of 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, 28 October 2010.


For the Commission, On behalf of the President,
Lowri EVANS
            

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


33/T&Q




Member State


Belgium




Stock


SOL/8AB.




Species


Common sole (Solea solea)




Zone


VIIIa and VIIIb




Date


1.9.2010
Case F-96/08: Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Cerafogli v European Central Bank (Civil service — ECB Staff — Pay — Additional increase in salary — Ad personam promotion — Consultation with staff committee to determine the criteria for granting additional increases in salary)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: European Central Bank, action by staff, damage, damages, promotion, remuneration of work








C_2011013EN.01003701.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/37





Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Cerafogli v European Central Bank
(Case F-96/08) (1)

(Civil service - ECB Staff - Pay - Additional increase in salary - Ad personam promotion - Consultation with staff committee to determine the criteria for granting additional increases in salary)
2011/C 13/70
Language of the case: French

Parties


Applicant: Maria Concetta Cerafogli (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: F. Alfrère and N. Urban, Agents and B. Wägenbaur, lawyer)

Re:

Annulment of the ECB Decision not to award the applicant the benefit of an ad personam promotion and an order that the defendant pay compensation for the applicant’s pain and suffering.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision by which the European Central Back refused to grant Mrs Cerafogli an additional increase in salary for 2008;










2.


Orders the European Central Bank to pay Mrs Cerafogli the sum of EUR 3 000;










3.


Dismisses the action as to the remainder;










4.


Order the European Central Bank to pay all of the costs.






(1)  OJ C 44, 21.02.2009, p. 75.
Case C-175/09: Judgment of the Court (Third Chamber) of 28 October 2010 (reference for a preliminary ruling from the Court of Appeal (United Kingdom)) — Commissioners for Her Majesty’s Revenue and Customs v AXA UK PLC (Sixth VAT Directive — Exemption — Article 13B(d)(3) — Transactions concerning payments or transfers — Debt collection and factoring — Payment plans for dental care — Service of collecting and processing payments for the account of the service supplier’s clients)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: bank, banking, banking system, capital transfer, financial institution, interpretation of the law, payment, tax exemption








C_2010346EN.01001301.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/13





Judgment of the Court (Third Chamber) of 28 October 2010 (reference for a preliminary ruling from the Court of Appeal (United Kingdom)) — Commissioners for Her Majesty’s Revenue and Customs v AXA UK PLC
(Case C-175/09) (1)

(Sixth VAT Directive - Exemption - Article 13B(d)(3) - Transactions concerning payments or transfers - Debt collection and factoring - Payment plans for dental care - Service of collecting and processing payments for the account of the service supplier’s clients)
2010/C 346/21
Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings


Appellant: Commissioners for Her Majesty’s Revenue and Customs

Respondent: AXA UK PLC

Re:

Reference for a preliminary ruling — Court of Appeal — Interpretation of Article 13B(d)(3) 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) — Exemptions — Scope — Meaning of ‘service that has the effect of transferring funds and entail[ing] changes in the legal and financial situation’ — Collection, processing and onward payment services for traders’ credits from customers — Payment plans for dental care

Operative part of the judgment

Article 13B(d)(3) 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 is to be interpreted as meaning that the exemption from VAT provided for by that provision does not cover a supply of services which consist, in essence, in requesting a third party’s bank to transfer to the service supplier’s account, via the direct debit system, a sum due from that party to the service supplier’s client, in sending to the client a statement of the sums received, in making contact with the third parties from whom the service supplier has not received payment and, finally, in giving instructions to the service supplier’s bank to transfer the payments received, less the service supplier’s remuneration, to the client’s bank account.


(1)  OJ C 153, 04.07.2009.
Case C-500/09: Judgment of the Court (Eighth Chamber) of 28 October 2010 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Postal services — Directive 97/67/EC — National restrictions — Express courier undertakings — National licensing system)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, carrier, commercial vehicle, freedom to provide services, postal service, transport licence, transport regulations








C_2010346EN.01002002.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/20





Judgment of the Court (Eighth Chamber) of 28 October 2010 — European Commission v Hellenic Republic
(Case C-500/09) (1)

(Failure of a Member State to fulfil obligations - Postal services - Directive 97/67/EC - National restrictions - Express courier undertakings - National licensing system)
2010/C 346/33
Language of the case: Greek

Parties


Applicant: European Commission (represented by: L. Lozano Palacios and D. Triantafyllou, acting as Agents)

Defendant: Hellenic Republic (represented by: P. Mylonopoulos and D. Tsagkaraki, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ 1998 L 15, p. 14)

Operative part of the judgment

The Court:






1.


Declares that, by continuing to apply Ministerial Decree No A1/44351/3608 of 12 October 2005, the Hellenic Republic has failed to fulfil its obligations under Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, as amended by Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002, and in particular Article 9(1) and (2) thereof;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 37, 13.2.2010.
Case T-443/09: Order of the General Court of 28 October 2010 — Agriconsulting Europe v Commission
Date: 2010-10-28
Institutions: General Court
Subjects: European Commission, action for annulment, award of contract, consultancy, development aid, tendering








C_2010346EN.01005802.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/58





Order of the General Court of 28 October 2010 — Agriconsulting Europe v Commission
(Case T-443/09) (1)

()
2010/C 346/113
Language of the case: Italian
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 11, 16.1.2010.
Case F-85/05: Judgment of the Civil Service Tribunal (Second Chamber) of 28 October 2010 — Sørensen v Commission (Staff cases — Officials — Appointment — Officials advancing to a higher function group by open competition — Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations — Transitional rules governing classification in grade at the time of recruitment — Classification in grade pursuant to the new, less favourable rules — Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, competition (EU), personnel administration








C_2010346EN.01005901.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/59





Judgment of the Civil Service Tribunal (Second Chamber) of 28 October 2010 — Sørensen v Commission
(Case F-85/05) (1)

(Staff cases - Officials - Appointment - Officials advancing to a higher function group by open competition - Candidates placed on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules governing classification in grade at the time of recruitment - Classification in grade pursuant to the new, less favourable rules - Article 5(2) and Article 12(3) of Annex XIII to the Staff Regulations)
2010/C 346/117
Language of the case: French

Parties


Applicant: Susanne Sørensen (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, acting as Agents)

Re:

Annulment of the Commission’s decision classifying the applicant, who was placed on a reserve list B prior to the entry into force of the new Staff Regulations, pursuant to the less favourable provisions of those regulations (Article 12 of Annex XIII to Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials), and annulment of the decision to cancel the promotion points acquired by the applicant as a category C official

Operative part of the judgment

The Tribunal:






1.


Dismisses Ms Sørensen’s action;










2.


Orders each party to bear its own costs.






(1)  OJ C 296, 26.11.05, p. 26 (case initially registered before the Court of First Instance of the European Communities under the number T-335/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).
Commission Regulation (EU) No 972/2010 of 28 October 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-10-28
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit








L_2010283EN.01002501.xml










29.10.2010   


EN


Official Journal of the European Union


L 283/25








            COMMISSION REGULATION (EU) No 972/2010
of 28 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 29 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 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 


AR 


51,6 




MA 


79,3 




MK 


62,0 




TR 


77,0 




XS 


73,2 




ZZ 


68,6 




0707 00 05 


EG 


140,6 




MK 


59,4 




TR 


154,7 




ZZ 


118,2 




0709 90 70 


TR 


140,9 




ZZ 


140,9 




0805 50 10 


AR 


75,5 




BR 


68,9 




CL 


67,3 




TR 


86,9 




UY 


61,0 




ZA 


70,8 




ZZ 


71,7 




0806 10 10 


BR 


217,5 




TR 


134,0 




US 


217,9 




ZA 


62,8 




ZZ 


158,1 




0808 10 80 


AR 


75,7 




BR 


64,9 




CL 


113,3 




CN 


85,1 




MK 


26,7 




NZ 


104,8 




ZA 


76,7 




ZZ 


78,2 




0808 20 50 


CN 


67,5 




ZZ 


67,5 






(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-6/09: Judgment of the Civil Service Tribunal (Third Chamber) of 28 October 2010 — Fares v Commission (Civil Service — Contractual agents — Classification in grade — Account taken of professional experience)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, decision, fine








C_2011030EN.01005903.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/59





Judgment of the Civil Service Tribunal (Third Chamber) of 28 October 2010 — Fares v Commission
(Case F-6/09) (1)

(Civil Service - Contractual agents - Classification in grade - Account taken of professional experience)
2011/C 30/112
Language of the case: French

Parties


Applicant: Soukaïna Fares (Brussels, Belgium) (represented by: L. Vogal, lawyer)

Defendant: European Commission (represented by: J. Currall and G. Berscheid, agents)

Re:

Action for annulment of the classification of the applicant at grade 8 of function group III.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the European Commission by which Ms Fares was classified at grade 8 of function group III for contractual agents, in so far as that decision follows from Ms Fares’ contract of employment as a member of the contract staff of 28 March 2008;










2.


Orders the Commission to pay all of the costs.






(1)  OJ C 69, 21.3.2009, p. 54.
Euro exchange rates
Date: 2010-10-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2010292EN.01000201.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/2





Euro exchange rates (1)

27 October 2010
2010/C 292/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3803




JPY


Japanese yen


112,78




DKK


Danish krone


7,4585




GBP


Pound sterling


0,87235




SEK


Swedish krona


9,3317




CHF


Swiss franc


1,3639




ISK


Iceland króna


 




NOK


Norwegian krone


8,1450




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,663




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


275,04




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9501




RON


Romanian leu


4,2762




TRY


Turkish lira


1,9834




AUD


Australian dollar


1,4194




CAD


Canadian dollar


1,4210




HKD


Hong Kong dollar


10,7096




NZD


New Zealand dollar


1,8500




SGD


Singapore dollar


1,7974




KRW


South Korean won


1 561,75




ZAR


South African rand


9,7120




CNY


Chinese yuan renminbi


9,2212




HRK


Croatian kuna


7,3452




IDR


Indonesian rupiah


12 340,46




MYR


Malaysian ringgit


4,2960




PHP


Philippine peso


59,646




RUB


Russian rouble


42,3172




THB


Thai baht


41,402




BRL


Brazilian real


2,3546




MXN


Mexican peso


17,1847




INR


Indian rupee


61,4720






(1)  Source: reference exchange rate published by the ECB.
Case F-84/08: Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Cerafogli v European Central Bank (Staff case — ECB Staff — Action for damages seeking compensation for harm resulting directly from alleged illegality of conditions of employment and staff rules — Civil Service Tribunal’s lack of jurisdiction — Inadmissible — Release from service for staff representation — No adjustment of workload — Wrongful act)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: European Central Bank, Germany, action for annulment, equal treatment, fine, political discrimination








C_2011013EN.01003602.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/36





Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Cerafogli v European Central Bank
(Case F-84/08) (1)

(Staff case - ECB Staff - Action for damages seeking compensation for harm resulting directly from alleged illegality of conditions of employment and staff rules - Civil Service Tribunal’s lack of jurisdiction - Inadmissible - Release from service for staff representation - No adjustment of workload - Wrongful act)
2011/C 13/69
Language of the case: French

Parties


Applicant: Maria Concetta Cerafogli (Frankfurt-am-Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank (represented by: F. Malfrère and N. Urban, agents, and by B. Wägenbaur, lawyer)

Re:

Application for an order requiring the ECB to pay compensation in respect of the damage allegedly suffered by the applicant on account of discrimination connected with her trade union activities.

Operative part of the judgment

The Tribunal:






1.


Orders the European Central Bank to pay Ms Cerafogli the sum of EUR 5 000;










2.


Dismisses the remainder of the application:










3.


Orders the European Central Bank to bear its own costs and to pay one third of Ms Cerafogli’s costs;










4.


Orders Ms Cerafogli to bear two thirds of her costs.






(1)  OJ C 327 of 20.12.2008, p. 43.