do-me/EUR-LEX huggingface dataset:
Case C-377/10: Order of the Court (Fifth Chamber) of 6 December 2010 (reference for a preliminary ruling from the Tribunalul Dolj — Romania) — Adrian Băilă v Administrația Finanțelor Publice a Municipiului Craiova, Administrația Fondului pentru Mediu (Reference for a preliminary ruling — Lack of relationship with the reality or the subject-matter of the case in the main proceedings — Inadmissibility)
Date: 2010-12-06
Institutions: Court of Justice
Subjects: Romania, domestic product, interpretation of the law, motor vehicle, pollution, tax system








C_2011063EN.01001701.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/17





Order of the Court (Fifth Chamber) of 6 December 2010 (reference for a preliminary ruling from the Tribunalul Dolj — Romania) — Adrian Băilă v Administrația Finanțelor Publice a Municipiului Craiova, Administrația Fondului pentru Mediu
(Case C-377/10) (1)

(Reference for a preliminary ruling - Lack of relationship with the reality or the subject-matter of the case in the main proceedings - Inadmissibility)
2011/C 63/31
Language of the case: Romanian

Referring court

Tribunalul Dolj

Parties to the main proceedings


Applicant: Adrian Băilă

Defendant: Administrația Finanțelor Publice a Municipiului Craiova, Administrația Fondului pentru Mediu


Re:

Reference for a preliminary ruling — Tribunal Dolj — Registration of second-hand vehicles previously registered in another Member State — Environmental tax on vehicles on their first registration in a given Member State — Compatibility of the national rules with Article 110 TFEU — Temporary exemption for vehicles with certain characteristics

Operative part of the order

The reference for a preliminary ruling made by the Tribunalul Dolj by decision of 9 June 2010 is manifestly inadmissible.


(1)  OJ C 274, 9.10.2010.
Case T-556/10: Action brought on 6 December 2010 — Novatex v Council
Date: 2010-12-06
Institutions: General Court
Subjects: Council of the European Union, action for annulment, import, raw material








C_2011030EN.01005501.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/55





Action brought on 6 December 2010 — Novatex v Council
(Case T-556/10)
()
2011/C 30/97
Language of the case: English

Parties


Applicant: Novatex Ltd, Karachi, Pakistan, (represented by: B. Servais, lawyer)

Defendant: Council of the European Union

Form of order sought







—


annul Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (1);










—


order the Council to bear the costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.
First plea in law, alleging that the Council violated Article 3 of Council Regulation (EC) No 597/2009 (2) by erroneously concluding that the Final Tax Regime (FTR) is a scheme which forgoes government revenue and, consequently, constitutes a financial contribution and that the FTR invariably confers benefit to the applicant. The applicant submits that:






—


the Final Tax Regime cannot be considered to constitute a financial contribution on the basis of Article 3(1)(a)(ii) of Council Regulation (EC) No 597/2009, interpreted in accordance with the relevant provision of the WTO Agreement on Subsidies and Countervailing Measures and the interpretation given thereto by the WTO case law.










—


the contested regulation violates Article 3(2) of Council Regulation (EC) No 597/2009, interpreted in accordance with the relevant provision of the WTO Agreement on Subsidies and Countervailing Measures by concluding that the Final Tax Regime confers a benefit on the applicant.




Second plea in law, alleging that the Council violated:






—


Articles 3(2) and 6(b) of the Council Regulation No 597/2009 interpreted in accordance with the relevant provision of the WTO Agreement on Subsidies and Countervailing Measures by using the applicable commercial rate prevailing during the investigation period, as found on the State Bank of Pakistan website, rather that the commercial rate prevailing at the time the loan was contracted by the applicant;










—


Article 7(2) of the Council Regulation No 597/2009 interpreted in accordance with the relevant provision of the WTO Agreement on Subsidies and Countervailing Measures by applying an inappropriate denominator, that is, the export turnover, while the appropriate denominator was the turnover.






(1)  OJ 2010 L 254, p. 10


(2)  Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community, OJ 2009 L 188, p. 93
Commission Regulation (EU) No 1173/2010 of 6 December 2010 establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of France
Date: 2010-12-06
Institutions: European Commission
Subjects: EU waters, France, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010327EN.01003201.xml










11.12.2010   


EN


Official Journal of the European Union


L 327/32








            COMMISSION REGULATION (EU) No 1173/2010
of 6 December 2010
         
establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of France


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, 6 December 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


20/T&Q




Member State


France




Stock


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of V, VI and VII




Date


18.6.2010
Case C-570/10: Action brought on 6 December 2010 — European Commission v Ireland
Date: 2010-12-06
Institutions: Court of Justice
Subjects: Ireland, action for failure to fulfil an obligation, land transport, transport of dangerous goods








C_2011063EN.01002202.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/22





Action brought on 6 December 2010 — European Commission v Ireland
(Case C-570/10)
2011/C 63/40
Language of the case: English

Parties


Applicant: European Commission (represented by: N. Yerrell, Agent, M. Mac Aodha, Agent)

Defendant: Ireland

The applicant claims that the Court should:







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 concerning the inland transport of dangerous goods (1), or in any event by failing to communicate them to the Commission, Ireland has failed to fulfil its obligations under Article 10 of that Directive;










—


order Ireland to pay the costs.





Pleas in law and main arguments

The period within which the directive had to be transposed expired on 30 June 2009.


(1)  OJ L 260, p. 13
2010/755/CFSP: Council Decision 2010/755/CFSP of 6 December 2010 amending Decision 2009/906/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
Date: 2010-12-06
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, common foreign and security policy, competence of the institution, operation of the Institutions, police cooperation, the EU's international role




L_2010320EN.01001001.xml










7.12.2010   


EN


Official Journal of the European Union


L 320/10








            COUNCIL DECISION 2010/755/CFSP
of 6 December 2010
         
amending Decision 2009/906/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,

Whereas:







(1)


On 8 December 2009, the Council adopted Decision 2009/906/CFSP (1) on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH). That Decision expires on 31 December 2011.












(2)


EUPM is being conducted in the context of a situation which may deteriorate and could harm the objectives of the common foreign and security policy as set out in Article 21 of the Treaty.












(3)


Following the entry into force of the Lisbon Treaty the Political and Security Committee (PSC) is to exercise political control and strategic direction of the European Union Police Missions under the responsibility of the Council and the High Representative of the Union for Foreign Affairs and Security Policy (HR).












(4)


Decision 2009/906/CFSP should be amended to provide for a financial reference amount covering the expenditure of EUPM for the period from 1 January to 31 December 2011,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2009/906/CFSP is hereby amended as follows:






(1)


Article 9(2) is replaced by the following:

‘2.   Under the responsibility of the Council and the HR, the PSC shall exercise political control and strategic direction of EUPM.’;











(2)


in Article 10(1) the first sentence is replaced by the following:

‘1.   The PSC shall exercise, under the responsibility of the Council and the HR, political control and strategic direction of EUPM.’;











(3)


the following subparagraph is added to Article 12(1):
‘The financial reference amount intended to cover the expenditure of EUPM for the period from 1 January to 31 December 2011 shall be EUR 17 600 000.’.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 6 December 2010.


For the Council


The President

J. MILQUET
            





(1)  
            OJ L 322, 9.12.2009, p. 22.
Case C-568/10: Action brought on 6 December 2010 — European Commission v Republic of Austria
Date: 2010-12-06
Institutions: Court of Justice
Subjects: Austria, EU migration policy, European Commission, action for failure to fulfil an obligation, foreign national, foreign student, residence permit








C_2011055EN.01001901.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/19





Action brought on 6 December 2010 — European Commission v Republic of Austria
(Case C-568/10)
2011/C 55/33
Language of the case: German

Parties


Applicant: European Commission (represented by: Maria Condou-Durande and W. Bogensberger, Agents)

Defendant: Republic of Austria

Form of order sought







—


declare that, by introducing rules under which students who are third-country nationals may be granted a work permit only after the labour-market situation in Austria has been examined in order to ensure that the vacancy cannot be filled by someone registered as unemployed, the Republic of Austria has failed to fulfil its obligations under Article 17(1) of Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service; (1)











—


order the Republic of Austria to pay the costs.





Pleas in law and main arguments

The Commission considers that the provisions of Austrian law systematically deny students who are third-country nationals access to the labour market, in that they are issued a work permit for a vacant position only if a check has been previously carried out as to whether the position cannot be filled by a person registered as unemployed. Consequently, according to the Commission, the number of work permits issued for this category of persons is very low. For that reason, only 10 % of students who are third-country nationals, in comparison with 70 % of Austrian students, have the possibility to finance part of the costs of their studies by means of employment.
In the view of the Republic of Austria, these restrictions are justified. It claims that, because of its free access to university and low university fees, Austria is particularly attractive for third-country nationals. Due to their inadequate knowledge of German and lack of professional qualifications, they generally find employment in unqualified areas and thereby increase yet further the currently high unemployment rate in this sector.


(1)  OJ 2004 L 375, p. 12.
Case C-578/10: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 December 2010 — Staatssecretaris van Financiën v L.A.C. van Putten
Date: 2010-12-06
Institutions: Court of Justice
Subjects: free movement of persons, interpretation of the law, motor car, road network, tax, vehicle registration








C_2011072EN.01000702.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/7





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 6 December 2010 — Staatssecretaris van Financiën v L.A.C. van Putten
(Case C-578/10)
2011/C 72/11
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applellant: Staatssecretaris van Financiën

Other party: L.A.C. van Putten

Question referred

In the light of Article 18 EC (now Article 21 TFEU), does Community law govern a situation in which a Member State levies a tax on the first use on the road network in its territory of a vehicle which is registered in another Member State, has been borrowed from a resident of that other Member State and has been driven by a resident of the first Member State in the territory of that Member State?
2010/763/EU: Council Decision of 6 December 2010 on the conclusion of a Fisheries Partnership Agreement between the European Union and Solomon Islands
Date: 2010-12-06
Institutions: Council of the European Union
Subjects: Solomon Islands, cooperation agreement (EU), exploitation of resources, fishing agreement, fishing regulations, fishing rights, sustainable development








L_2010324EN.01004801.xml










9.12.2010   


EN


Official Journal of the European Union


L 324/48








            COUNCIL DECISION
         
of 6 December 2010
         
on the conclusion of a Fisheries Partnership Agreement between the European Union and Solomon Islands
(2010/763/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(6)(a) thereof,


Having regard to the proposal from the Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


On the basis of the Council Decision of 22 September 2009 authorising the Commission to open negotiations on behalf of the Community with a view to concluding a Fisheries Partnership Agreement with Solomon Islands, the Community has negotiated with Solomon Islands a Fisheries Partnership Agreement providing EU vessels with fishing opportunities in the waters over which Solomon Islands has sovereignty or jurisdiction in respect of fisheries.












(2)


As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 26 September 2009.












(3)


By Council Decision No 2010/397/EU of 3 June 2010 (1), the Fisheries Partnership Agreement between the European Union and Solomon Islands has been signed and provisionally applied since 9 October 2009.












(4)


The Agreement should be concluded,





HAS ADOPTED THIS DECISION:



Article 1
The Fisheries Partnership Agreement between the European Union and Solomon Islands is hereby approved (2).


Article 2
The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the notification provided for in Article 18 of the Agreement, in order to express the consent of the Union to be bound by the Agreement (3).


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 6 December 2010.


For the Council


The President

J. MILQUET
            





(1)  
            OJ L 190, 22.7.2010, p. 1.

(2)  The text of the Agreement has been published in OJ L 190, 22.7.2010, p. 3, together with the decision on signature.

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
Commission Regulation (EU) No 1172/2010 of 6 December 2010 establishing a prohibition of fishing for cod in VIa; EU and international waters of Vb east of 12° 00′ W by vessels flying the flag of France
Date: 2010-12-06
Institutions: European Commission
Subjects: EU waters, France, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010327EN.01003001.xml










11.12.2010   


EN


Official Journal of the European Union


L 327/30








            COMMISSION REGULATION (EU) No 1172/2010
of 6 December 2010
         
establishing a prohibition of fishing for cod in VIa; EU and international waters of Vb east of 12° 00′ W by vessels flying the flag of France


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, 6 December 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


21/T&Q




Member State


France




Stock


COD/5B6A-C




Species


Cod (Gadus morhua)




Zone


VIa; EU and international waters of Vb east of 12° 00′ W




Date


18.6.2010