do-me/EUR-LEX huggingface dataset:
Case T-49/07: Judgment of the General Court of 7 December 2010 — Fahas v Council (Common foreign and security policy — Restrictive measures with a view to combating terrorism — Freezing of funds — Action for annulment — Right to a fair hearing — Right to effective judicial protection — Statement of reasons — Action for damages)
Date: 2010-12-07
Institutions: General Court
Subjects: Council of the European Union, action for annulment (EU), economic sanctions, international sanctions, natural person, restriction of liberty, terrorism








C_2011030EN.01003302.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/33





Judgment of the General Court of 7 December 2010 — Fahas v Council
(Case T-49/07) (1)

(Common foreign and security policy - Restrictive measures with a view to combating terrorism - Freezing of funds - Action for annulment - Right to a fair hearing - Right to effective judicial protection - Statement of reasons - Action for damages)
2011/C 30/58
Language of the case: German

Parties


Applicant: Sofiane Fahas (Mielkendorf, Germany) (represented by: F. Zillmer, lawyer)

Defendant: Council of the European Union (represented initially by: M. Bishop, E. Finnegan and S. Marquardt, and subsequently by M. Bishop, J.-P. Hix and E. Finnegan, Agents)

Intervener in support of the defendant: Italian Republic (represented by: I. Bruni, acting as Agent, and G. Albenzio, avvocato dello Stato)

Re:

Application for annulment in part, most recently, of Council Decision 2008/583/EC of 15 July 2008 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/868/EC (OJ 2008 L 188, p. 21), in so far it concerns the applicant, and an order that the Council no longer refer to the applicant’s name in its future decisions, in the absence of any final judicial decision, and also a claim for damages.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Mr Sofiane Fahas, in addition to bearing his own costs, to pay those incurred by the Council of the European Union.










3.


Orders the Italian Republic to bear its own costs.






(1)  OJ C 95, 28.4.2007.
Infringement 2006/4524 — AUMSA — pre-closure letter
Date: 2010-12-07
Institutions: European Commission
Subjects: Spain, business start-up, company in difficulties, complaint to the Commission, local government








C_2010329EN.01001101.xml










7.12.2010   


EN


Official Journal of the European Union


C 329/11





Infringement 2006/4524 — AUMSA — pre-closure letter
2010/C 329/08
The object of infringement 2006/4524 was the creation of mixed companies by AUMSA, notably the creation of the mixed capital company Cabanyal 2010 SA, in breach of the EU public procurement rules, in as much as the creation of that company amounted to the award of a public contract by AUMSA in breach of the referred rules.
The Commission is satisfied that, at the end of the period fixed within the reasoned opinion sent to the Spanish authorities, the mixed company Cabanyal 2010 SA became a wholly publicly owned company with no private participation and that, consequently, the alleged breach ceased to exist.
For this reason, the pursuance of the alleged breach was abandoned by the Commission at the stage of referring the bundled Cases 2006/2366 and 2006/4524 to the Court.
Consequently, the services of the Commission will soon be proposing formal closure of this case to the College of Commissioners.
Should the complainants have any information capable of altering the referred assessment, they are invited to make them known to the Commission at their earliest convenience, and in any case within four weeks of publication of this notice.
Case C-441/10: Order of the Court (Fifth Chamber) of 7 December 2010 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — Ioan Anghel v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău (Reference for a preliminary ruling — Failure to provide a factual description — Inadmissibility)
Date: 2010-12-07
Institutions: Court of Justice
Subjects: Romania, interpretation of the law, motor vehicle, pollution, tax system








C_2011063EN.01001802.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/18





Order of the Court (Fifth Chamber) of 7 December 2010 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — Ioan Anghel v Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău
(Case C-441/10) (1)

(Reference for a preliminary ruling - Failure to provide a factual description - Inadmissibility)
2011/C 63/34
Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings


Applicant: Ioan Anghel

Defendant: Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

Re:

Reference for a preliminary ruling — Curtea de Apel Secția Bacău Secția Comercială, Contencios Administrativ și Fiscal — Registration of second-hand vehicles previously registered in another Member State — Environmental tax on vehicles on their first registration in a Member State — Compatibility of the national rules with Article 110 TFEU — Discrimination in relation to second-hand vehicles already registered in the territory of that Member State and not subject to that tax on a subsequent sale or new registration

Operative part of the order

The reference for a preliminary ruling made by the Curtea de Apel Bacău by decision of 1 September 2010 is manifestly inadmissible.


(1)  OJ C 328, 4.12.2010.
Case T-559/10: Action brought on 7 December 2010 — Laboratoire Garnier v OHIM (natural beauty)
Date: 2010-12-07
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011038EN.01001602.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/16





Action brought on 7 December 2010 — Laboratoire Garnier v OHIM (natural beauty)
(Case T-559/10)
2011/C 38/30
Language in which the application was lodged: English

Parties


Applicant: Laboratoire Garnier et Cie (Paris, France) (represented by: R. Dissmann and A. Steegmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in case R 971/2010-1;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: The figurative mark ‘natural beauty’ for goods in class 3 — Community trade mark application No 8294233

Decision of the Examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of articles 7(1)(b) and (c) of Council Regulation No 207/2009, according to article 65 (2) of Council Regulation No 207/2009, as the Board of Appeal wrongly came to the conclusion that these absolute grounds of refusal apply to the contested trade mark.
Case C-285/09: Judgment of the Court (Grand Chamber) of 7 December 2010 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against R. (Sixth VAT Directive — Article 28c(A)(a) — Evasion of VAT — Refusal to grant an exemption of VAT on intra-Community supplies of goods — Vendor’s active participation in the fraud — Powers of the Member States in connection with the prevention of potential tax evasion, avoidance and abuse)
Date: 2010-12-07
Institutions: Court of Justice
Subjects: VAT, delivery, goods and services, interpretation of the law, tax evasion, tax exemption








C_2011055EN.01001001.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/10





Judgment of the Court (Grand Chamber) of 7 December 2010 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against R.
(Case C-285/09) (1)

(Sixth VAT Directive - Article 28c(A)(a) - Evasion of VAT - Refusal to grant an exemption of VAT on intra-Community supplies of goods - Vendor’s active participation in the fraud - Powers of the Member States in connection with the prevention of potential tax evasion, avoidance and abuse)
2011/C 55/16
Language of the case: German

Referring court

Bundesgerichtshof

Party in the main criminal proceedings

R.

In the presence of: Generalbundesanwalt beim Bundesgerichtshof, Finanzamt Karlsruhe-Durlach

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 28c(A)(a) 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), as amended — Evasion of VAT — Refusal to grant an exemption of turnover tax on intra-Community supplies of goods — Vendor’s active participation in the fraud

Operative part of the judgment

In circumstances such as those at issue in the main proceedings, in which an intra-Community supply of goods has actually taken place, but when, at the time of that supply, the supplier concealed the identity of the true purchaser in order to enable the latter to evade payment of value added tax, the Member State of departure of the intra-Community supply may, pursuant to its powers under the first part of the sentence in Article 28c(A) 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, as amended by Council Directive 2000/65/EC of 17 October 2000, refuse to allow an exemption in respect of that transaction.


(1)  OJ C 267, 7.11.2009.