do-me/EUR-LEX huggingface dataset:
Case C-340/09: Judgment of the Court (Fifth Chamber) of 9 December 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 1999/22/EC — Article 4(2) to (5) — Keeping of wild animals — Zoos)
Date: 2010-12-09
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, animal life, protection of animals, trade licence, wildlife, zoo








C_2011055EN.01001202.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/12





Judgment of the Court (Fifth Chamber) of 9 December 2010 — European Commission v Kingdom of Spain
(Case C-340/09) (1)

(Failure of a Member State to fulfil obligations - Directive 1999/22/EC - Article 4(2) to (5) - Keeping of wild animals - Zoos)
2011/C 55/20
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: S. Pardo Quintillán and D. Recchia, Agents)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz and N. Díaz Abad, Agents)

Re:

Failure of Member State to fulfil obligations — Infringement of Article 4(2), (3), (4) and (5) of Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (OJ 1999 L 94, p. 24)

Operative part of the judgment

The Court:






1.


Declares that, by failing to take, within the period prescribed, all the measures necessary with respect to the zoos which are the subject of the present action in the Autonomous Communities of Aragon, Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castile and Leon, Valencia, Extremadura and Galicia concerning the inspection, licensing and, if appropriate, the closure of those establishments in accordance with Article 4(2), to (5) of Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, the Kingdom of Spain has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 256, 24.10.2009.
Case F-88/08: Judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 — Vandeuren v European Training Foundation (ETF) (Civil service — Staff of the European Training Foundation — Temporary Agent — Contract of unlimited duration — Dismissal — Requirement to provide a valid reason — Abolition of a post — Duty of care — Reallocation)
Date: 2010-12-09
Institutions: Civil Service Tribunal
Subjects: European Training Foundation, Italy, action for annulment, damages, dismissal, fine








C_2011030EN.01005902.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/59





Judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 — Vandeuren v European Training Foundation (ETF)
(Case F-88/08) (1)

(Civil service - Staff of the European Training Foundation - Temporary Agent - Contract of unlimited duration - Dismissal - Requirement to provide a valid reason - Abolition of a post - Duty of care - Reallocation)
2011/C 30/111
Language of the case: French

Parties


Applicant: Monique Vandeuren (Pino Torinese, Italy) (represented initially by N. Lhoest, lawyer, and subsequently by N. Lhoest and L. Delhaye, lawyers)

Defendant: European Training Foundation (ETF) (represented by: T. Ciccarone, Agent, and L. Levi, lawyer)

Re:

Civil service — Annul the defendant’s decision to dismiss the applicant, and order the European Foundation to provide compensation for the pecuniary and non-pecuniary damage suffered by the applicant.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision to dismiss Ms Vandeuren of 23 October 2007;










2.


Dismisses the action as to the remainder;










3.


Orders the European Training Foundation (ETF) to pay the costs.






(1)  OJ C 327, 20.12.2008, p. 44.
Commission Regulation (EU) No 1166/2010 of 9 December 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Agnello di Sardegna (PGI)]
Date: 2010-12-09
Institutions: European Commission
Subjects: Italy, designation of origin, fresh meat, labelling, location of production, mode of production, product designation, product quality








L_2010326EN.01007001.xml










10.12.2010   


EN


Official Journal of the European Union


L 326/70








            COMMISSION REGULATION (EU) No 1166/2010
of 9 December 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Agnello di Sardegna (PGI)]


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)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Agnello di Sardegna’ registered in accordance with Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 138/2001 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been notified to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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, 9 December 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 23, 25.1.2001, p. 17.

(4)  
            OJ C 70, 19.3.2010, p. 31.




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

Class 1.1 –   Fresh meat (and offal)

ITALY
Agnello di Sardegna (PGI)
Case F-87/08: Judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 — Schuerings v European Training Foundation (ETF) (Civil service — Staff of the European Training Foundation — Temporary Agent — Contract of unlimited duration — Dismissal — Requirement to provide a valid reason — Abolition of a post — Duty of care — Reallocation)
Date: 2010-12-09
Institutions: Civil Service Tribunal
Subjects: European Training Foundation, France, action for annulment (EU), damages, dismissal, fine, vocational training








C_2011030EN.01005901.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/59





Judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 — Schuerings v European Training Foundation (ETF)
(Case F-87/08) (1)

(Civil service - Staff of the European Training Foundation - Temporary Agent - Contract of unlimited duration - Dismissal - Requirement to provide a valid reason - Abolition of a post - Duty of care - Reallocation)
2011/C 30/110
Language of the case: French

Parties


Applicant: Gisela Schuerings (Nice, France) (represented by: N. Lhoest and L. Delhaye, lawyers)

Defendant: European Training Foundation (ETF) (represented by: T. Ciccarone, Agent, assisted by L. Levi, lawyer)

Re:

Annul the defendant’s decision to dismiss the applicant, and order the European Foundation to provide compensation for the pecuniary and non-pecuniary damage suffered by the applicant.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision to dismiss Ms Schuerings of 23 October 2007;










2.


Dismisses the action as to the remainder;










3.


Orders the European Training Foundation (ETF) to pay the costs.






(1)  OJ C 327, 20.12.2008, p. 43.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2010-12-09
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, financial aid








C_2010332EN.01000501.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/5





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2010/C 332/04
PART I








Aid No


GBER 4/10/R&D




EFTA State


Norway




Region


All regions


Mixed areas




Granting authority


Name


Innovasjon Norge




Address







Innovasjon Norge




Postboks 448 Sentrum




0104 Oslo




NORWAY








Webpage


http://www.innovasjonnorge.no




Title of the aid measure


Seed money facility — EU’s Framwork program for Competitiveness and Innovation — ECO-Innovation




National legal basis (Reference to the relevant national official publication)


State budget 2010 — Chapter 924, post 70
Letter from the Ministry of Trade to Innovation Norway dated 12 May 2010




Web link to the full text of the aid measure


http://bedriftieu.no/templates/eic2/Page_Meta.aspx?id=60986




Type of measure


Scheme


X




Duration


Scheme


25.6.2010 to 31.12.2013




Economic sector(s) concerned


All economic sectors eligible to receive aid


X




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


NOK 2 000 000




Aid instrument (Article 5)


Grant


X




PART II









General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME-bonuses in %




Aid for research, development and innovation
(Articles 30-37)


Aid for research and development projects
(Article 31)


Fundamental research
(Article 31(2)(a))


… %


 




Industrial research
(Article 31(2)(b))


… %


 




Experimental development
(Article 31(2)(c))


Maximum Aid amount NOK 100 000 (max 25-50 % of eligble costs — depending on the size of the enterprises and the conditions set out in the Regulation)


25 % + an increase of 10/20 % to SMEs + 15 % for projects involving cooperation between at least two undertakings, on the conditions that it involves at least one SME or is carried out in at least two EEA States and no single undertaking bears more than 70 % of the eligible costs of the collaboration project.
Commission Regulation (EU) No 1167/2010 of 9 December 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Prosciutto di Modena (PDO)]
Date: 2010-12-09
Institutions: European Commission
Subjects: Italy, designation of origin, labelling, location of production, meat product, mode of production, product designation, product quality








L_2010326EN.01007201.xml










10.12.2010   


EN


Official Journal of the European Union


L 326/72








            COMMISSION REGULATION (EU) No 1167/2010
of 9 December 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Prosciutto di Modena (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)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Prosciutto di Modena’ registered under Commission Regulation (EC) No 1107/96 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (3), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been notified to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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, 9 December 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ C 72, 20.3.2010, p. 20.




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

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

ITALY
Prosciutto di Modena (PDO)
Case C-296/09: Judgment of the Court (Fourth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Vlaamse Gemeenschap v Maurits Baesen (Social security — Regulation (EEC) No 1408/71 — Article 13(2)(d) — Concept of ‘persons treated as’ civil servants — Employment contract with a public authority)
Date: 2010-12-09
Institutions: Court of Justice
Subjects: civil servant, interpretation of the law, public service, social legislation, social security, work contract, worker (EU)








C_2011055EN.01001101.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/11





Judgment of the Court (Fourth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Hof van Cassatie van België — Belgium) — Vlaamse Gemeenschap v Maurits Baesen
(Case C-296/09) (1)

(Social security - Regulation (EEC) No 1408/71 - Article 13(2)(d) - Concept of ‘persons treated as’ civil servants - Employment contract with a public authority)
2011/C 55/17
Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings


Applicant: Vlaamse Gemeenschap

Defendant: Maurits Baesen

Re:

Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 13(2)(a) and (d) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community (OJ, English Special Edition 1971(II), p. 416.) — Civil servants and persons treated as such — Concept — Person who has concluded an employment contract with a public authority

Operative part of the judgment

The meaning of ‘civil servants’ and ‘persons to be treated as such’, as referred to in Article 13(2)(d) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, as amended by Council Regulation (EEC) No 1390/81 of 12 May 1981, is to be determined solely by reference to the national law of the Member State to which the administration employing the person concerned is subject and a person in the situation of the respondent in the main proceedings, who, in a Member State, is subject partly to the social security scheme for civil servants and partly to the social security scheme for employed persons, may thus be subject, in accordance with the provision made by Article 13(2)(d) of Regulation No 1408/71, only to the legislation of the Member State to which the administration employing that person is subject.


(1)  OJ C 267, 7.11.2009.
Notice regarding the adaptation in line with inflation of certain amounts laid down in the Motor Insurance Directive 2009/103/EC
Date: 2010-12-09
Institutions: European Commission
Subjects: financial solvency, freedom to provide services, insurance company, insurance law, motor vehicle industry








C_2010332EN.01000101.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/1





Notice regarding the adaptation in line with inflation of certain amounts laid down in the Motor Insurance Directive 2009/103/EC
2010/C 332/01
In accordance with Article 9(2) of Directive 2009/103/EC (1) relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, the amounts laid down in euro in Article 9(1) were reviewed in 2010 in order to take account of changes in the European index of consumer prices comprising all Member States, as published by Eurostat.
As a result of the review, the amounts laid down in euro are increased from EUR 1 000 000 to EUR 1 120 000, from EUR 5 000 000 to EUR 5 600 000 and from EUR 1 000 000 to EUR 1 120 000 respectively.
The Commission Services have informed the European Parliament and the Council of the review and the adapted amounts.


(1)  OJ L 163, 7.10.2009, p. 11.
Case C-421/09: Judgment of the Court (First Chamber) of 9 December 2010 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — Humanplasma GmbH v Republik Österreich (Articles 28 EC and 30 EC — National rules prohibiting the importation of blood products provided from donations which were not entirely unpaid)
Date: 2010-12-09
Institutions: Court of Justice
Subjects: Austria, Germany, blood transfusion, import, interpretation of the law, national law, originating product








C_2011055EN.01001301.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/13





Judgment of the Court (First Chamber) of 9 December 2010 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — Humanplasma GmbH v Republik Österreich
(Case C-421/09) (1)

(Articles 28 EC and 30 EC - National rules prohibiting the importation of blood products provided from donations which were not entirely unpaid)
2011/C 55/22
Language of the case: German

Referring court

Landesgericht für Zivilrechtssachen Wien

Parties to the main proceedings


Applicant: Humanplasma GmbH

Defendant: Republik Österreich

Re:

Reference for a preliminary ruling — Landesgericht für Zivilrechtssachen Wien — Interpretation of Articles 28 EC and 30 EC — Compatibility with those provisions of national legislation prohibiting the importation of human blood where payment was made for the blood donation

Operative part of the judgment

Article 28 EC, read in conjunction with Article 30 EC, must be interpreted as precluding national legislation which provides that the importation of blood or blood components from another Member State is permitted only on the condition, which is also applicable to national products, that the donations of blood on which those products are based were made not only without any payment being made to the donors but also without any reimbursement of the costs incurred by them in connection with those donations.


(1)  OJ C 24, 30.1.2010.
Case T-69/08: Judgment of the General Court of 9 December 2010 — Poland v Commission (Approximation of laws — Directive 2001/18/EC — National provisions derogating from a harmonisation measure — Commission decision rejecting those provisions — Not notified within the six-month period laid down in the first subparagraph of Article 95(6) EC)
Date: 2010-12-09
Institutions: General Court
Subjects: European Commission, Poland, action for annulment (EU), derogation from EU law, environmental protection, genetically modified organism








C_2011030EN.01003402.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/34





Judgment of the General Court of 9 December 2010 — Poland v Commission
(Case T-69/08) (1)

(Approximation of laws - Directive 2001/18/EC - National provisions derogating from a harmonisation measure - Commission decision rejecting those provisions - Not notified within the six-month period laid down in the first subparagraph of Article 95(6) EC)
2011/C 30/60
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented by: initially M. Dowgielewicz, subsequently by M. Dowgielewicz, B. Majczyna and M. Jarosz, and finally by M. Szpunar, Agents)

Defendant: Commission (represented by: M. Patakia, C. Zadra and K. Herrmann, Agents)

Interveners in support of the applicant: Czech Republic (represented by M. Smolek, Agent); Hellenic Republic (represented by A. Samoni-Rantou and M. Tassopoulou, acting as Agents); and Republic of Austria (represented initially by E. Riedl, and subsequently by E. Riedl and C. Pesendorfer, and finally by E. Riedl, C. Pesendorfer, G. Hesse and M. Fruhmann, acting as Agents),

Re:

Action for annulment of Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms (OJ 2008 L 16, p. 17),

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2008/62/EC of 12 October 2007 relating to Articles 111 and 172 of the Polish Draft Act on Genetically Modified Organisms, notified by the Republic of Poland pursuant to Article 95(5) of the EC Treaty as derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms;










2.


Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Poland;










3.


Orders the Czech Republic, the Hellenic Republic and the Republic of Austria to bear their own costs.






(1)  OJ C 92, 12.4.2008.