do-me/EUR-LEX huggingface dataset:
Case T-227/07: Judgment of the General Court of 28 October 2010 — Spain v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Production aid intended for tomato processors — Spot checks over sufficient periods — Proportionality)
Date: 2010-10-28
Institutions: General Court
Subjects: EAGGF Guarantee Section, European Commission, Spain, action for failure to fulfil an obligation, fruit vegetable, principle of proportionality, processed foodstuff, production aid








C_2010346EN.01003902.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/39





Judgment of the General Court of 28 October 2010 — Spain v Commission
(Case T-227/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Production aid intended for tomato processors - Spot checks over sufficient periods - Proportionality)
2010/C 346/76
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, lawyer)

Defendant: European Commission (represented by: initially T. van Rijn and then F. Jimeno Fernández, Agents)

Re:

Action for annulment, in part, of Commission Decision 2007/243/EC of 18 April 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2007 L 106, p. 55).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 211, 8.9.2007.
Case F-77/08: Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Vicente Carajosa and Others v Commission (Civil service — Open competitions EPSO/AD/116/08 and EPSO/AD/117/08 in the field of fraud prevention — Exclusion of candidates in consequence of their results in the admission tests — Decision of the Appointing Authority — Failure to lodge a complaint — Inadmissibility of the action)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: EPSO, action for annulment, admission to examinations, decision-making








C_2011013EN.01003601.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 — Vicente Carajosa and Others v Commission
(Case F-77/08) (1)

(Civil service - Open competitions EPSO/AD/116/08 and EPSO/AD/117/08 in the field of fraud prevention - Exclusion of candidates in consequence of their results in the admission tests - Decision of the Appointing Authority - Failure to lodge a complaint - Inadmissibility of the action)
2011/C 13/68
Language of the case: French

Parties


Applicants: Isabel Vicente Carajosa and Others (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

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

Intervener in support of the applicant: Kingdom of Spain (represented by: F. Díez Moreno, acting as Agent)

Re:

Annulment of EPSO’s individual decisions not to admit the applicants to the tests in competitions EPSO/AD/116/08 and EPSO/AD/117/08.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the applicants to bear their own costs and to pay those incurred by the European Commission;










3.


Orders the Kingdom of Spain, intervener, to bear its own costs.






(1)  OJ C 285 of 8.11.2008, p. 57.
Case F-9/09: Judgment of the Civil Service Tribunal (First Chamber) of 28 October 2010 — Vicente Carbajosa and Others v Commission (Staff case — Open competitions EPSO/AD/116/08 and EPSO/AD/117/08 in the field of fraud prevention — Act adversely affecting the applicants — Exclusion of candidates following results obtained in admission tests — EPSO not competent)
Date: 2010-10-28
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, admission to examinations, competition (EU)








C_2011013EN.01003702.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 — Vicente Carbajosa and Others v Commission
(Case F-9/09) (1)

(Staff case - Open competitions EPSO/AD/116/08 and EPSO/AD/117/08 in the field of fraud prevention - Act adversely affecting the applicants - Exclusion of candidates following results obtained in admission tests - EPSO not competent)
2011/C 13/71
Language of the case: French

Parties


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

Defendant: European Commission (represented by: J. Currall and B. Eggers, agents)

Re:

Application for annulment of the decision adopting and publishing the competition notices EPSO/AD/116/08 and EPSO/AD/117/08 and the decisions relating to the correction of the pre-selection tests and the written tests and the awarding of marks for the oral tests.

Operative part of the judgment

The Tribunal:






1.


Annuls the decisions of the European Personnel Selection Office (EPSO) not to admit Ms Vicente Carbajosa in respect of the competition EPSO/AD/117/08 and Ms Lehtinen and Ms Menchén in respect of the competition EPSO/AD/116/08 onto the list of candidates invited to submit a full application;










2.


Dismisses the remainder of the action as being inadmissible;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 82 of 04.04.2009, p. 37.
Case T-131/09: Judgment of the General Court of 28 October 2010 — Farmeco v OHIM — Allergan (BOTUMAX) (Community trade mark — Opposition proceedings — Application for the Community word mark BOTUMAX — Earlier Community word and figurative marks BOTOX — Relative grounds for refusal — Likelihood of confusion — Damage to reputation — Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
Date: 2010-10-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, aesthetic surgery, trade-mark law








C_2010346EN.01004003.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/40





Judgment of the General Court of 28 October 2010 — Farmeco v OHIM — Allergan (BOTUMAX)
(Case T-131/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark BOTUMAX - Earlier Community word and figurative marks BOTOX - Relative grounds for refusal - Likelihood of confusion - Damage to reputation - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
2010/C 346/80
Language of the case: English

Parties


Applicant: Farmeco AE Dermokallyntika (Athens, Greece) (represented by: N. Lymperis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Allergan Inc. (Irvine, California, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 60/2008-4), relating to opposition proceedings between Allergan Inc. and Farmeco AE Dermokallyntika.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Farmeco AE Dermokallyntika to pay the costs.






(1)  OJ C 129, 6.6.2009.
Commission Regulation (EU) No 970/2010 of 28 October 2010 entering a name in the register of protected designations of origin and protected geographical indications (Lapin Poron kuivaliha (PDO))
Date: 2010-10-28
Institutions: European Commission
Subjects: Finland, designation of origin, location of production, meat, product designation








L_2010283EN.01002101.xml










29.10.2010   


EN


Official Journal of the European Union


L 283/21








            COMMISSION REGULATION (EU) No 970/2010
of 28 October 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Lapin Poron kuivaliha (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Finland’s application to register the name ‘Lapin Poron kuivaliha’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following 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


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 42, 19.2.2010, p. 12.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

FINLAND
Lapin Poron kuivaliha (PDO)
Notice for the attention of the persons and entities to which Articles 19(1)(b) and 20(1)(b) of Council Decision 2010/413/CFSP (Annex II) and Article 16(2) of Council Regulation (EU) No 961/2010 (Annex VIII) applies
Date: 2010-10-28
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, international sanctions, legal person, natural person








C_2010292EN.01002901.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/29





Notice for the attention of the persons and entities to which Articles 19(1)(b) and 20(1)(b) of Council Decision 2010/413/CFSP (Annex II) and Article 16(2) of Council Regulation (EU) No 961/2010 (Annex VIII) applies
2010/C 292/11
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 (1), as amended by Council Decision 2010/644/CFSP (2), and in Annex VIII to Council Regulation (EU) No 961/2010 (3).
Following a review of the lists of persons and entities to which Articles 19(1)(b) and 20(1)(b) of Decision 2010/413/CFSP and Article 16(2) of Regulation (EU) No 961/2010 concerning restrictive measures against Iran respectively applies, the Council of the European Union has decided that the persons and entities that appear in the abovementioned Annexes should continue to remain subject to the restrictive measures provided for under that Council Decision and Council Regulation.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex V to the Regulation, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Articles 17, 18 and 19 of the Regulation).
Attention is also drawn to the possibility for each person and entity concerned of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 195, 27.7.2010, p. 39.

(2)  OJ L 281, 27.10.2010, p. 81.

(3)  OJ L 281, 27.10.2010, p. 1.
Call for proposals — DG ENTR ENT-SAT-10/5010 — GALILEO-EGNOS prize award scheme
Date: 2010-10-28
Institutions: European Commission
Subjects: EU programme, apprenticeship, education, vocational training








C_2010292EN.01002301.xml










28.10.2010   


EN


Official Journal of the European Union


C 292/23





CALL FOR PROPOSALS — DG ENTR ENT-SAT-10/5010
GALILEO-EGNOS prize award scheme
2010/C 292/06
1.   Objectives and description

Co-finance the operation of a prize-awarding mechanism for innovative applications based on the EU GNSS technology (EGNOS and GALILEO) that will promote industrial innovation and the uptake of high-technologies across Europe.
The kinds of activities to be supported are:






—


organisation and management of a yearly prize-awarding competition (publication of calls for ideas generating applications from entrepreneurs, evaluation by experts of ideas, and awarding prizes),










—


fund-raising to match the Commission grant,










—


dissemination ‘inbound’, i.e. to expand the number of innovative ideas submitted every year into the GALILEO prize-awarding competition,










—


dissemination ‘outbound’, i.e. obtain adequate visibility within the worldwide GNSS industry to promote the competition, its participants and winners,










—


monitoring prize winners and participants,










—


coordination with innovation support schemes and later stage financing facilities, so that such GALILEO prize-awarding represents an intermediate step to access finance and or other support to innovation/entrepreneurship.




2.   Eligible applicants

Applicants should be private or public organisations and established in one of the following countries:






—


the 27 countries of the European Union,










—


EEA countries: Iceland, Liechtenstein, Norway.




3.   Budget and project duration

The total budget earmarked for the co-financing of the project amounts to EUR 900 000.
Scheduled start date of the action: May 2011.
The maximum duration of the project is 36 months.
4.   Deadline

Applications must be sent to the Commission no later than 15 January 2011.
5.   Further information

The full text of the call for proposals and the application forms are available on the following website: http://ec.europa.eu/enterprise/funding/index.htm
Applications must comply with the requirements set out in the full text and be submitted using the form provided.
Case C-49/09: Judgment of the Court (Third Chamber) of 28 October 2010 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Later accession of Member States — Transitional provisions — Temporal application — Application of a reduced rate — Clothing and clothing accessories for babies and children’s footwear)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: Community acquis, Poland, action for failure to fulfil an obligation, clothing industry, early childhood








C_2010346EN.01000902.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/9





Judgment of the Court (Third Chamber) of 28 October 2010 — European Commission v Republic of Poland
(Case C-49/09) (1)

(Failure of a Member State to fulfil obligations - Value added tax - Directive 2006/112/EC - Later accession of Member States - Transitional provisions - Temporal application - Application of a reduced rate - Clothing and clothing accessories for babies and children’s footwear)
2010/C 346/15
Language of the case: Polish

Parties


Applicant: European Commission (represented by: D. Triantafyllou and K. Herrmann, acting as Agents)

Defendant: Republic of Poland (represented by: M. Szpunar, M. Dowgielewicz, M. Jarosz and A. Rutkowska, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 98 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1), in conjunction with Annex III thereto — Application of a reduced rate of VAT to clothing and clothing accessories for babies and children’s footwear

Operative part of the judgment

The Court:






1.


Declares that, by applying a reduced value added tax rate of 7 % to supplies, import and intra-Community acquisition of clothing and clothing accessories for babies and of children’s footwear, the Republic of Poland has failed to fulfil its obligations under Article 98 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, in conjunction with Annex III thereto;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 102, 1.5.2009.
Case C-508/08: Judgment of the Court (Second Chamber) of 28 October 2010 — European Commission v Republic of Malta (Failure of a Member State to fulfil obligations — Freedom to provide maritime transport services — Regulation (EEC) No 3577/92 — Articles 1 and 4 — Cabotage services within a Member State — Obligation to conclude public service contracts on a non-discriminatory basis — Conclusion of an exclusive contract, without a prior call for tenders, before the date of accession of a Member State to the European Union)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: European Commission, Malta, action for failure to fulfil an obligation, freedom to provide services, invitation to tender, maritime transport, services of general interest








C_2010346EN.01000702.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/7





Judgment of the Court (Second Chamber) of 28 October 2010 — European Commission v Republic of Malta
(Case C-508/08) (1)

(Failure of a Member State to fulfil obligations - Freedom to provide maritime transport services - Regulation (EEC) No 3577/92 - Articles 1 and 4 - Cabotage services within a Member State - Obligation to conclude public service contracts on a non-discriminatory basis - Conclusion of an exclusive contract, without a prior call for tenders, before the date of accession of a Member State to the European Union)
2010/C 346/11
Language of the case: Maltese

Parties


Applicant: European Commission (represented by: J. Aquilina and K. Simonsson, Agents)

Defendant: Republic of Malta (represented by: S. Camilleri, L. Spiteri and A. Fenech, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ 1992 L 364, p. 7) — Conclusion of an exclusive contract, without a prior call for tenders, for the provision of maritime transport between Malta and Gozo

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 32, 7.2.2009.
Case C-203/09: Judgment of the Court (First Chamber) of 28 October 2010 (reference for a preliminary ruling from the Bundesgerichtshof, Germany) — Volvo Car Company GmbH v Autohof Weidensdorf GmbH (Directive 86/653/EEC — Self-employed commercial agents — Termination of the agency contract by the principal — Agent’s entitlement to an indemnity)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: dismissal, interpretation of the law, sales occupation, severance pay, work contract








C_2010346EN.01001401.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/14





Judgment of the Court (First Chamber) of 28 October 2010 (reference for a preliminary ruling from the Bundesgerichtshof, Germany) — Volvo Car Company GmbH v Autohof Weidensdorf GmbH
(Case C-203/09) (1)

(Directive 86/653/EEC - Self-employed commercial agents - Termination of the agency contract by the principal - Agent’s entitlement to an indemnity)
2010/C 346/22
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Volvo Car Company GmbH

Defendant: Autohof Weidensdorf GmbH

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 18(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ 1986 L 382, p. 17) — Termination of agency contract by the principal — Agent’s entitlement to indemnity — National legislation providing for loss of that entitlement in the event of default by the agent justifying immediate termination of the contract, even where the default occurs after termination of the agency contract but before the end of that contract and the principal became aware of the default only after the expiry of the contract

Operative part of the judgment

Article 18(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents precludes a self-employed commercial agent from being deprived of his goodwill indemnity where the principal establishes a default by that agent which occurred after notice of termination of the contract was given but before the contract expired and which was such as to justify immediate termination of the contract in question


(1)  OJ C 180, 01.08.2009.
Case C-423/09: Judgment of the Court (Fifth Chamber) of 28 October 2010 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v X BV (Common Customs Tariff — Tariff classification — Combined Nomenclature — Dried vegetables (garlic bulbs) from which not all moisture has been removed)
Date: 2010-10-28
Institutions: Court of Justice
Subjects: bulb vegetable, dried product, interpretation of the law, refrigerated product, tariff nomenclature








C_2010346EN.01001902.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/19





Judgment of the Court (Fifth Chamber) of 28 October 2010 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v X BV
(Case C-423/09) (1)

(Common Customs Tariff - Tariff classification - Combined Nomenclature - Dried vegetables (garlic bulbs) from which not all moisture has been removed)
2010/C 346/31
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Staatssecretaris van Financiën

Defendant: X BV

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Commission Regulation (EC) No 1789/2003 of 11 September 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2003 L 281, p. 1) and of Commission Regulation (EC) No 1810/2004 of 7 September 2004 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2004 L 327, p. 1) — Tariff classification of dried vegetables (garlic bulbs), from which not all of the moisture has been removed and which are imported in a chilled state

Operative part of the judgment

The Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1810/2004 of 7 September 2004, must be interpreted as meaning that garlic which has undergone an intensive drying process in accordance with a specific treatment as a result of which all, or almost all, of the moisture in the product is removed comes under tariff subheading 0712 90 90 of the Combined Nomenclature, but that partially dried garlic which retains the properties and characteristics of fresh garlic comes under tariff subheading 0703 20 00 of the Combined Nomenclature.


(1)  OJ C 24, 30.1.2010.