do-me/EUR-LEX huggingface dataset:
Conclusions of the Council and the Representatives of the Governments of the Member States, meeting within the Council, on the role of the EU in the international fight against doping
Date: 2010-12-01
Institutions: Council of the European Union, Representatives of the Governments of the Member States
Subjects: EU Member State, performance drugs, sporting event, sports body








C_2010324EN.01001801.xml










1.12.2010   


EN


Official Journal of the European Union


C 324/18





Conclusions of the Council and the Representatives of the Governments of the Member States, meeting within the Council, on the role of the EU in the international fight against doping
2010/C 324/04
THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,
1.   RECALLING that:






—


the Council adopted Conclusions on 4 December 2000 (which these conclusions supplement) on combating doping (1) setting out the need for the European Community and Member States coordination, within a reasonable time before each meeting of the World Anti-Doping Agency (WADA), to be organised under the responsibility of the Presidency,










—


following the entry into force of the Lisbon Treaty (2) on 1 December 2009, the European Union acquired a competence in the area of sport allowing the Union to carry out actions to support, coordinate or supplement the actions of the Member States to contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function. Consequently, the European dimension in sport is to be developed by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen. Cooperation with third countries and competent international organisations, in particular the Council of Europe, shall be fostered;




2.   AWARE that:






—


some of the issues dealt with by WADA fall within the EU sphere of competence whilst others are the responsibility of the Member States,










—


given that WADA is structured on a continental basis, close cooperation with the Council of Europe is necessary with a view to having a common understanding on all items of European interest,




3.   CONSIDERS that:






—


ensuring that the views of the EU and its Member States are given due weight in WADA deliberations is of a crucial importance,










—


where appropriate, e.g. in the light of the EU acquis and the duty of sincere cooperation, EU and Member State positions shall be coordinated, under the responsibility of the Presidency, in good time and in efficient manner prior to meetings within WADA.






(1)  OJ C 356, 12.12.2000, p. 1.

(2)  Articles 6 and 165 of TFEU.
Case F-82/09: Judgment of the Civil Service Tribunal (3rd Chamber) of 1 December 2010 — Nolin v European Commission (Civil service — Officials — Promotion — Withdrawal of merit and priority points)
Date: 2010-12-01
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, indemnification, promotion, rights of civil servants, rights of the defence, staff assessment








C_2011030EN.01006103.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/61





Judgment of the Civil Service Tribunal (3rd Chamber) of 1 December 2010 — Nolin v European Commission
(Case F-82/09) (1)

(Civil service - Officials - Promotion - Withdrawal of merit and priority points)
2011/C 30/118
Language of the case: French

Parties


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

Defendant: European Commission (represented by: M.J. Baquero Cruz, Agent, assisted by D. Waelbroeck, lawyer)

Re:

Application for annulment of the decision of the appointing authority of 19 December 2008 concerning the withdrawal of the applicant’s merit and priority points.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Nolin to pay all the costs.






(1)  OJ C 297, 5.12.2009, p. 37.
Prior notification of a concentration (Case COMP/M.5907 — Votorantim/Fischer/JV)  Text with EEA relevance
Date: 2010-12-01
Institutions: European Commission
Subjects: economic concentration, exchange of information, fruit juice, merger control








C_2010324EN.01002601.xml










1.12.2010   


EN


Official Journal of the European Union


C 324/26





Prior notification of a concentration
(Case COMP/M.5907 — Votorantim/Fischer/JV)
(Text with EEA relevance)
2010/C 324/09






1.


On 24 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings the Votorantim Group (Brazil) and the Fischer Group (Brazil) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly-created company constituting a joint venture (‘JV’) through the merger of their respective subsidiaries Citrovita and Citrosuco.










2.


The business activities of the undertakings concerned are:






—


for Votorantim: cement and concrete, mining and metallurgy, pulp and paper, fruit juice, chemical specialty markets, self-generation of electricity and finance,










—


for Fischer: maritime services for petroleum platforms, production of fruit juice,










—


for the JV: production and export of orange juice.














3.


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










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5907 — Votorantim/Fischer/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Decision of the EEA Joint Committee No 102/2010 of 1 October 2010 amending Annex X (Services in general) to the EEA Agreement
Date: 2010-12-01
Institutions: EEA Joint Committee
Subjects: administrative cooperation, data protection, electronic government, exchange of information, information technology, international security, personal data, public health




L_2010332EN.01005201.xml










16.12.2010   


EN


Official Journal of the European Union


L 332/52








            DECISION OF THE EEA JOINT COMMITTEE
         
No 102/2010
of 1 October 2010
         
amending Annex X (Services in general) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex X to the Agreement was amended by Decision of the EEA Joint Committee No 86/2010 of 2 July 2010 (1).












(2)


Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the ‘points of single contact’ under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (2), as corrected by OJ L 299, 14.11.2009, p. 18, is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 1a (Commission Decision 2009/739/EC) of Annex X to the Agreement:






‘1b.



32009 D 0767: Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the “points of single contact” under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 274, 20.10.2009, p. 36), as corrected by OJ L 299, 14.11.2009, p. 18.’






Article 2
The text of Decision 2009/767/EC, as corrected by OJ L 299, 14.11.2009, p. 18, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 November 2010, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 October 2010.


For the EEA Joint Committee


The President

Stefán Haukur JÓHANNESSON
            





(1)  
            OJ L 277, 21.10.2010, p. 40.

(2)  
            OJ L 274, 20.10.2009, p. 36.

(*1)  Constitutional requirements indicated.
Case C-563/10: Reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen (Germany) lodged on 1 December 2010 — Kashayar Khavand v Federal Republic of Germany
Date: 2010-12-01
Institutions: Court of Justice
Subjects: discrimination on the basis of sexual orientation, foreign national, interpretation of the law, right of asylum, stateless person








C_2011038EN.01000702.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/7





Reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen (Germany) lodged on 1 December 2010 — Kashayar Khavand v Federal Republic of Germany
(Case C-563/10)
2011/C 38/09
Language of the case: German

Referring court

Oberverwaltungsgericht für das Land Nordrhein-Westfalen

Parties to the main proceedings


Applicant: Kashayar Khavand

Defendant: Federal Republic of Germany

Questions referred







1.


Is homosexuality to be considered a sexual orientation within the meaning of the second sentence of Article 10(1)(d) of Directive 2004/83/EC (1) and can it be adequate reason for persecution?










2.


If Question 1 is to be answered in the affirmative:






(a)


To what extent is homosexual activity protected?










(b)


Can a homosexual person be told to live with his or her sexual orientation in his or her home country in secret and not allow it to become known to others?










(c)


Are specific prohibitions for the protection of public order and morals relevant when interpreting and applying Article 10(1)(d) of Directive 2004/83/EC or should homosexual activity be protected in the same way as for heterosexual people?










(1)  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12).
Notice concerning the implementation of Article 9a(7) of Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky (Publication of Member States’ decisions establishing functional airspace blocks)
Date: 2010-12-01
Institutions: Denmark, Sweden
Subjects: air space, air traffic, air transport, common transport policy, organisation of transport, provision of services








C_2010324EN.01002001.xml










1.12.2010   


EN


Official Journal of the European Union


C 324/20





Notice concerning the implementation of Article 9a(7) of Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky

(Publication of Member States’ decisions establishing functional airspace blocks)

2010/C 324/06








Member State(s)


Reference


Name of functional airspace block


Entry into force




Denmark, Sweden


State agreement, signed 17 December 2009


Danish-Swedish Functional Airspace Block


1 July 2010
Case F-89/09: Judgment of the Civil Service Tribunal (3rd Chamber) of 1 December 2010 — Gagalis v Council (Civil service — Social security — Occupational accident — Partial permanent invalidity — Decision to take responsibility for 75 % of the costs of a thermal cure — Reimbursement for care under Article 72 of the Staff Regulations and additional reimbursement under Article 73 of the Staff Regulations — Exclusion of cover for subsistence expenses — Refusal of additional reimbursement — Interpretation of Article 73(3) of the Staff Regulations and of Article 9 of the Common rules on the insurance of officials against the risk of accident and occupational disease)
Date: 2010-12-01
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, action for annulment, damages, health care, redemption








C_2011030EN.01006201.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/62





Judgment of the Civil Service Tribunal (3rd Chamber) of 1 December 2010 — Gagalis v Council
(Case F-89/09) (1)

(Civil service - Social security - Occupational accident - Partial permanent invalidity - Decision to take responsibility for 75 % of the costs of a thermal cure - Reimbursement for care under Article 72 of the Staff Regulations and additional reimbursement under Article 73 of the Staff Regulations - Exclusion of cover for subsistence expenses - Refusal of additional reimbursement - Interpretation of Article 73(3) of the Staff Regulations and of Article 9 of the Common rules on the insurance of officials against the risk of accident and occupational disease)
2011/C 30/119
Language of the case: French

Parties


Applicant: Spyridon Gagalis (Kraainem, Belgium) (represented by: N. Lhoëst, lawyer, then by N. Lhoëst and L. Delhaye, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents)

Re:

Action for annulment of the defendant’s decision refusing to reimburse the applicant, pursuant to Article 73 of the Staff Regulations, 75 % of all the costs relating to a thermal cure.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Gagalis to pay all the costs.






(1)  OJ C 312, 19.12.2009, p. 45.
Euro exchange rates
Date: 2010-12-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2010324EN.01001901.xml










1.12.2010   


EN


Official Journal of the European Union


C 324/19





Euro exchange rates (1)

30 November 2010
2010/C 324/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2998




JPY


Japanese yen


109,00




DKK


Danish krone


7,4529




GBP


Pound sterling


0,83765




SEK


Swedish krona


9,1715




CHF


Swiss franc


1,2990




ISK


Iceland króna


 




NOK


Norwegian krone


8,0910




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,915




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


284,18




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


4,0692




RON


Romanian leu


4,2925




TRY


Turkish lira


1,9645




AUD


Australian dollar


1,3595




CAD


Canadian dollar


1,3306




HKD


Hong Kong dollar


10,0979




NZD


New Zealand dollar


1,7557




SGD


Singapore dollar


1,7219




KRW


South Korean won


1 510,51




ZAR


South African rand


9,2714




CNY


Chinese yuan renminbi


8,6658




HRK


Croatian kuna


7,4260




IDR


Indonesian rupiah


11 765,09




MYR


Malaysian ringgit


4,1171




PHP


Philippine peso


57,361




RUB


Russian rouble


40,9545




THB


Thai baht


39,254




BRL


Brazilian real


2,2373




MXN


Mexican peso


16,3190




INR


Indian rupee


59,7400






(1)  Source: reference exchange rate published by the ECB.
Case T-412/09: Order of the General Court (First Chamber) of 1 December 2010 — CEA v Commission
Date: 2010-12-01
Institutions: General Court
Subjects: European Commission, France, action for annulment (EU), allowances and expenses, nuclear energy, pension scheme, research and development








C_2011030EN.01005703.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/57





Order of the General Court (First Chamber) of 1 December 2010 — CEA v Commission
(Case T-412/09) (1)

()
2011/C 30/103
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 312, 19.12.2009.
Case C-60/09: Order of the President of the Court of 1 December 2010 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy)) — Lucio Rubano v Regione Campania, Comune di Cusano Mutri
Date: 2010-12-01
Institutions: Court of Justice
Subjects: interpretation of the law, pharmaceutical legislation, pharmacy, public health, rural settlement








C_2011063EN.01002402.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/24





Order of the President of the Court of 1 December 2010 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy)) — Lucio Rubano v Regione Campania, Comune di Cusano Mutri
(Case C-60/09) (1)

2011/C 63/44
Language of the case: Italian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 90, 18.4.2009.
Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Request made by a Member State
Date: 2010-12-01
Institutions: European Commission
Subjects: Czechia, award of contract, coal, competition law








C_2010324EN.01002701.xml










1.12.2010   


EN


Official Journal of the European Union


C 324/27





Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC
Request made by a Member State
2010/C 324/10
On 22 November 2010, the Commission received a request in accordance with Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities working in the water, energy, transport and postal services sectors. The first working day following receipt of the request is 23 November 2010.
This request from the Czech Republic concerns exploration for and extraction of coal in that country. Article 30 mentioned above provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition on markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC, without prejudice to the application of competition rules.
The Commission is allowed a period of three months to make a decision on this request, commencing on the working day referred to above. The period therefore expires on 23 February 2011.
The provisions of the third subparagraph of the above-mentioned paragraph 4 are not applicable. Consequently, the period allowed to the Commission may be extended by three months. Any such extension must be published.
Commission Regulation (EU) No 1112/2010 of 1 December 2010 amending Regulation (EC) No 793/2006 laying down certain detailed rules for applying Council Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union
Date: 2010-12-01
Institutions: European Commission
Subjects: EU control, aid system, aid to agriculture, customs duties, export licence, import licence, milk, peripheral region, supply, trading operation








L_2010316EN.01000101.xml










2.12.2010   


EN


Official Journal of the European Union


L 316/1








            COMMISSION REGULATION (EU) No 1112/2010
of 1 December 2010
         
amending Regulation (EC) No 793/2006 laying down certain detailed rules for applying Council Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions in the Union (1), and in particular Article 25 thereof,

Whereas:







(1)


Following the adoption of Commission Regulation (EC) No 408/2009 (2) amending Regulation (EC) No 793/2006, and in particular Article 46a thereof, which specifies that reconstituted UHT milk intended for local consumption in Madeira is to incorporate at least 15 % of fresh cow’s milk, it has emerged that all the fresh milk produced locally is used by the local cheese industry. To avoid any disruption to the economic balance already established and to ensure that fresh milk produced locally can be processed into high value added products, the obligation to incorporate a minimum rate should be abolished.












(2)


Having regard to the amendment to Article 19(4) of Regulation (EC) No 247/2006 by Regulation (EU) No 641/2010 of the European Parliament and of the Council (3), which abolished, with effect from 1 January 2010, the Commission’s obligation to determine an incorporation rate for fresh milk produced locally, Article 46a of Commission Regulation (EC) No 793/2006 (4) should also be repealed from that date.












(3)


Regulation (EC) No 793/2006 should therefore be amended accordingly.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,





HAS ADOPTED THIS REGULATION:



Article 1
Article 46a of Regulation (EC) No 793/2006 is deleted.


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 42, 14.2.2006, p. 1.

(2)  
            OJ L 123, 19.5.2009, p. 62.

(3)  
            OJ L 194, 24.7.2010, p. 23.

(4)  
            OJ L 145, 31.5.2006, p. 1.