do-me/EUR-LEX huggingface dataset:
Case C-266/10: Order of the President of the Court of 27 January 2011 (reference for a preliminary ruling from the Amtsgericht Köln — Germany) — Hannelore Adams v Germanwings GmbH
Date: 2011-01-27
Institutions: Court of Justice
Subjects: air transport, consumer protection, indemnification, interpretation of the law








C_2011120EN.01000803.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/8





Order of the President of the Court of 27 January 2011 (reference for a preliminary ruling from the Amtsgericht Köln — Germany) — Hannelore Adams v Germanwings GmbH
(Case C-266/10) (1)

2011/C 120/16
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 209, 31.7.2010.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to 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: 2011-01-27
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, financial aid








C_2011025EN.01000201.xml










27.1.2011   


EN


Official Journal of the European Union


C 25/2





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to 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))
2011/C 25/02
PART I








Aid No


GBER 3/10/R&D




EFTA State


Norway




Granting authority


Name


Norwegian Water Resources and Energy Directorate (NVE)




Address







Drammensveien 211




Postboks 5091 Majorstua




0301 Oslo




NORWAY








Webpage


http://www.nve.no/




Title of the aid measure


Aid for Avalanche Research ‘Tilskudd til snøskredforskning’




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


Prop. 1 S (2009-10) Chapter 18.30, item 22
Letter of allocation 2.7.2010




Web link to the full text of the aid measure


http://www.nve.no/no/Flom-og-skred/Skred/FoU—skred/Tilskudd-til-snoskredforskning




 


Ad hoc aid


Norges geotekniske institutt




Date of granting


Ad hoc aid


2 July 2010




Economic sector(s) concerned


Limited to specific sectors — Please specify in accordance with NACE Rev. 2


74.909




Type of beneficiary


SME


Yes




Overall amount of the ad hoc aid awarded to the undertaking


NOK 10,5 million (not yet allocated for 2011 and 2012)




Aid instrument (Article 5)


Grant


Yes




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))


65 % (50 % + 15 %)


 




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


… %
Corrigendum to procès–verbal of rectification to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, signed at Bridgetown, Barbados on 15 October 2008 and at Haiti on 10 December 2009 ( OJ L 289, 30.10.2008 )
Date: 2011-01-27
Institutions: African, Caribbean and Pacific Group of States, European Community
Subjects: ACP countries, European Community, cooperation agreement, development aid, economic cooperation








L_2011024EN.01012601.xml










27.1.2011   


EN


Official Journal of the European Union


L 24/126







Corrigendum to procès–verbal of rectification to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, signed at Bridgetown, Barbados on 15 October 2008 and at Haiti on 10 December 2009
         
(
Official Journal of the European Union L 289 of 30 October 2008
)

This corrigendum has been carried out by means of a procès-verbal of rectification signed at Brussels on 15 December 2010 with the Council as depository.
On page II/1511, Appendix 1 to Annex III ‘Schedule of tariff liberalisation of the CARIFORUM States’, the tariff codes in the second column, immediately following tariff codes ‘BHM 8703.22’ and ‘DOM 8703.22’:
for:







‘DOM


8703.21.10




DOM


8703.21.20




DOM


8703.21.99’,





read:







‘DOM


8703.22.10




DOM


8703.22.20




DOM


8703.22.99’.
Corrigendum to Commission Regulation (EU) No 1261/2010 of 22 December 2010 imposing a provisional countervailing duty on imports of certain stainless steel bars originating in India ( OJ L 343, 29.12.2010 )
Date: 2011-01-27
Institutions: European Commission
Subjects: India, anti-subsidy proceeding, bar, import, originating product, steel








L_2011023EN.01005301.xml










27.1.2011   


EN


Official Journal of the European Union


L 23/53







Corrigendum to Commission Regulation (EU) No 1261/2010 of 22 December 2010 imposing a provisional countervailing duty on imports of certain stainless steel bars originating in India
(
Official Journal of the European Union L 343 of 29 December 2010
)







1.


On page 74, the table in Article 1 should be replaced by the following table:







‘Company


Duty (%)


TARIC additional code




Chandan Steel Ltd, Mumbai


3,4 


B002 




Venus Wire Industries Pvt. Ltd, Mumbai;
Precision Metals, Mumbai;
Hindustan Inox Ltd, Mumbai;
Sieves Manufacturer India Pvt. Ltd, Mumbai


3,3 


B003 




Viraj Profiles Vpl. Ltd, Thane


4,3 


B004 




Companies listed in the Annex


4,0 


B005 




All other companies


4,3 


B999 ’














2.


On page 75, Annex, in the title of the table:




for:


                  ‘
                  TARIC Additional Code AXXX
                  ’,

read:


                  ‘
                  TARIC Additional Code B005
                  
                  ’.
Prior notification of a concentration (Case COMP/M.6103 — CVC/Capio Sanidad) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-01-27
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, private medical treatment








C_2011025EN.01002501.xml










27.1.2011   


EN


Official Journal of the European Union


C 25/25





Prior notification of a concentration
(Case COMP/M.6103 — CVC/Capio Sanidad)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 25/05






1.


On 19 January 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CVC Capital Partners European Equity Fund V (‘CVC Fund V’, Jersey Island), ultimately controlled by CVC Capital Partners SICAV-FIS SA (‘CVC’, Luxembourg), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Capio Sanidad S.L. (‘Capio’, Spain) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for CVC Fund V: investment fund advised by CVC, a private equity firm,










—


for Capio: provision of private healthcare services in Spain.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6103 — CVC/Capio Sanidad, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to 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: 2011-01-27
Institutions: European Commission
Subjects: Norway, State aid, control of State aid, financial aid








C_2011025EN.01000401.xml










27.1.2011   


EN


Official Journal of the European Union


C 25/4





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to 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))
2011/C 25/03
PART I







Aid No


GBER 8/10/ENV




EFTA State


Norway




EFTA State reference number


09/3038 (Ministry of Finance reference)




Granting authority


Name


Directorate of Customs and Excise (regional customs authorities)




Address







Postboks 8122 Dep




0032 Oslo




NORWAY








Webpage


http://www.toll.no




Title of the aid measure


Exemption and reduction of CO2 tax on natural gas and LPG




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


Parliamentary decision of 18 June 2010 concerning CO2 tax on natural gas and LPG
Regulation No 1451 of 11 December 2001 concerning excise duties
§§ 3-6-6, 3-6-7, 4-3-1, 4-3-2




Web link to the full text of the aid measure


http://www.lovdata.no/for/sf/sv/td-20091126-1499-016.html
http://www.lovdata.no/for/sf/fd/xd-20011211-1451.html




Type of measure


Scheme


Tax exemption and reduction




Duration


Scheme


1.9.2010 to 31.12.2019




Economic sector(s) concerned


Limited to specific sectors — Please specify in accordance with NACE Rev. 2


Part of NACE 05-33 Reduced CO2 tax for mining and quarrying industry and manufacturing industry
Part of NACE 05-33 + 38.21. Reduced CO2 tax for enterprises subject to the emission trading system
NACE 50.2 + 50.1 Exemption for domestic shipping




Type of beneficiary


SME


Both SM and large enterprises




Large enterprises


Both SM and large enterprises




Budget


Annual overall amount of the budget planned under the scheme


NOK 250 (in millions) Mining, industry and emission trading
NOK 25 (in millions) Domestic shipping




Aid instrument (Article 5)


Fiscal measure


Tax reduction




PART II








General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME-bonuses in %




Aid for environmental protection
(Articles 17-25)


Aid in the form of reductions in environmental taxes
(Article 25)


NOK 275 (in millions) annually
Euro exchange rates
Date: 2011-01-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2011025EN.01000101.xml










27.1.2011   


EN


Official Journal of the European Union


C 25/1





Euro exchange rates (1)

26 January 2011
2011/C 25/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3681




JPY


Japanese yen


112,47




DKK


Danish krone


7,4523




GBP


Pound sterling


0,86325




SEK


Swedish krona


8,8585




CHF


Swiss franc


1,2922




ISK


Iceland króna


 




NOK


Norwegian krone


7,8665




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,219




HUF


Hungarian forint


274,23




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7040




PLN


Polish zloty


3,8730




RON


Romanian leu


4,2700




TRY


Turkish lira


2,1589




AUD


Australian dollar


1,3725




CAD


Canadian dollar


1,3630




HKD


Hong Kong dollar


10,6511




NZD


New Zealand dollar


1,7834




SGD


Singapore dollar


1,7523




KRW


South Korean won


1 528,28




ZAR


South African rand


9,7168




CNY


Chinese yuan renminbi


9,0062




HRK


Croatian kuna


7,4115




IDR


Indonesian rupiah


12 365,11




MYR


Malaysian ringgit


4,1748




PHP


Philippine peso


60,606




RUB


Russian rouble


40,7000




THB


Thai baht


42,146




BRL


Brazilian real


2,2821




MXN


Mexican peso


16,4896




INR


Indian rupee


62,5308






(1)  Source: reference exchange rate published by the ECB.
Case C-489/09: Judgment of the Court (Second Chamber) of 27 January 2011 (reference for a preliminary ruling from the Hof van Beroep te Gent — Belgium) — Vandoorne NV v Belgische Staat (Sixth VAT Directive — Articles 11.C(1) and 27(1) and (5) — Taxable amount — Simplification measures — Manufactured tobacco — Tax labels — Single charge of VAT at source — Intermediate supplier — Total or partial non-payment of the price — Refusal to refund VAT)
Date: 2011-01-27
Institutions: Court of Justice
Subjects: Belgium, VAT, delivery, interpretation of the law, tax law, tax system, tobacco








C_2011080EN.01000501.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/5





Judgment of the Court (Second Chamber) of 27 January 2011 (reference for a preliminary ruling from the Hof van Beroep te Gent — Belgium) — Vandoorne NV v Belgische Staat
(Case C-489/09) (1)

(Sixth VAT Directive - Articles 11.C(1) and 27(1) and (5) - Taxable amount - Simplification measures - Manufactured tobacco - Tax labels - Single charge of VAT at source - Intermediate supplier - Total or partial non-payment of the price - Refusal to refund VAT)
2011/C 80/07
Language of the case: Dutch

Referring court

Hof van Beroep te Gent

Parties to the main proceedings


Applicant: Vandoorne NV

Defendant: Belgische Staat

Re:

Reference for a preliminary ruling — Hof van Beroep te Gent — Interpretation of Articles 11.C(1) and 27 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) — Simplification measures — National legislation providing for VAT to be charged at source in the case of manufactured tobacco imported, acquired or produced within the country, precluding a reduction in the basis of assessment for taxpayers who have paid tax on those products

Operative part of the judgment

Articles 11.C(1) and 27(1) and (5) 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 2004/7/EC of 20 January 2004, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which, by providing, for the purposes of simplifying the procedure for charging value added tax and of combating tax evasion or avoidance in regard to manufactured tobacco, for the levying of that tax by means of tax labels, in a single charge and at source, from the manufacturer or importer of those products, excludes intermediate suppliers operating at a subsequent stage in the supply chain from the right to obtain reimbursement of value added tax in the event of non-payment by the purchaser of the price for those products.


(1)  OJ C 37, 13.02.2010.
Case C-490/09: Judgment of the Court (Second Chamber) of 27 January 2011 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Article 49 EC — Freedom to provide services — Non-reimbursement of costs relating to laboratory analyses and tests carried out in Member States other than the Grand Duchy of Luxembourg — National rules not providing for acceptance of liability in the form of a reimbursement of the costs paid for such analyses and tests — National rules making acceptance of liability for health care benefits subject to compliance with the conditions laid down by those rules)
Date: 2011-01-27
Institutions: Court of Justice
Subjects: EU Member State, Luxembourg, action for failure to fulfil an obligation, freedom to provide services, health expenditure, medical examination, redemption, social security








C_2011080EN.01000502.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/5





Judgment of the Court (Second Chamber) of 27 January 2011 — European Commission v Grand Duchy of Luxembourg
(Case C-490/09) (1)

(Failure of a Member State to fulfil obligations - Article 49 EC - Freedom to provide services - Non-reimbursement of costs relating to laboratory analyses and tests carried out in Member States other than the Grand Duchy of Luxembourg - National rules not providing for acceptance of liability in the form of a reimbursement of the costs paid for such analyses and tests - National rules making acceptance of liability for health care benefits subject to compliance with the conditions laid down by those rules)
2011/C 80/08
Language of the case: French

Parties


Applicant: European Commission (represented by: G. Rozet and E. Traversa, Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent, A. Rodesch, avocat)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Article 49 EC (Article 56 TFEU) — National provisions precluding the reimbursement of medical analyses and laboratory tests carried out in other Member States — Costs accepted only where such tests and analyses are carried out within a laboratory which fully complies with the conditions laid down by national legislation

Operative part of the judgment

The Court:






1.


Declares that, by failing to provide, under its social security rules, for the possibility of acceptance of liability for costs relating to laboratory analyses and tests, within the meaning of Article 24 of the Luxembourg Social Security Code, in the version applicable to the dispute, which are carried out in another Member State, by means of reimbursement of the costs paid for those analyses and tests, but by providing solely for a system of direct billing to sickness insurance funds, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 49 EC.










2.


Dismisses the remainder of the action.










3.


Orders the European Commission and the Grand Duchy of Luxembourg to bear their own costs.






(1)  OJ C 37, 13.2.2010.
Case T-54/11: Action brought on 27 January 2011 — Spain v Commission
Date: 2011-01-27
Institutions: General Court
Subjects: European Regional Development Fund, Structural Funds, action for annulment (EU), regions of Spain








C_2011080EN.01003301.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/33





Action brought on 27 January 2011 — Spain v Commission
(Case T-54/11)
2011/C 80/58
Language of the case: Spanish

Parties


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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul Commission Decision C(2010) 7700 of 16 November 2010 reducing the financial assistance from the European Regional Development Fund (ERDF) to the Objective 1 integrated operational programme for Andalucía (2000-2006) CCI No 2000.ES.16.1.PO.003, in so far as it imposes a financial correction of 100 % on the ERDF-financed expenditure for contracts No 2075/2003 and No 2120/2005;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of its action, the applicant relies on two pleas in law.






1.


First plea in law, alleging infringement of Article 39(3) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1), as the Commission failed to take a decision within the period of three months from the date of the hearing or, as the case may be, from the date on which the supplementary information was supplied by the Spanish authorities.










2.


Second plea in law, alleging infringement, by reason of incorrect application, of Article 39(3)(b) of Regulation No 1260/1999, since the Commission applies a financial correction to contracts No 2075/2003 and No 2120/2005 on the ground of alleged irregularities in the procedure followed in awarding those contracts, whereas the use of the negotiated procedure without prior publication of a tender notice was perfectly justified by the provisions of Article 6(3)(b) and (c) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1).