do-me/EUR-LEX huggingface dataset:
Case C-38/11: Reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 28 January 2011 — Amorim Energia BV v Ministério das Finanças e da Administração Pública
Date: 2011-01-28
Institutions: Court of Justice
Subjects: Portugal, corporation tax, double taxation, equal treatment, free movement of capital, interpretation of the law, right of establishment, shareholder








C_2011130EN.01000901.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/9





Reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 28 January 2011 — Amorim Energia BV v Ministério das Finanças e da Administração Pública
(Case C-38/11)
2011/C 130/16
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicant: Amorim Energia BV

Defendant: Ministério das Finanças e da Administração Pública

Question referred

Do Articles 63 TFEU and 65 TFEU (formerly Articles 56 EC and 58 EC) preclude legislation of a Member State, such as Articles 46(1), 96(2) and (3), 14(3) and 89 of the Corporation Tax Code, which, in the context of elimination of economic double taxation of distributed profits, while complying with Council Directive 90/435/EEC (1) of 23 July 1990, does not enable shareholder companies resident in another Member State to secure repayment of the tax deducted at source in the same circumstances as shareholder companies resident in Portugal, requiring for that purpose a longer minimum period of share ownership and a minimum but significant shareholding, delaying or rendering impracticable the elimination of economic double taxation?


(1)  Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States
OJ L 225, p. 6
Statement of revenue and expenditure for the Trans-European Transport Network Executive Agency for the financial year 2010 — Amending Budget No 3
Date: 2011-01-28
Institutions: European Commission, Trans-European Transport Network Executive Agency
Subjects: EU office or agency, expenditure, financial year, publication of accounts, revenue, scientific research








C_2011027EN.01003301.xml










28.1.2011   


EN


Official Journal of the European Union


C 27/33





Statement of revenue and expenditure for the Trans-European Transport Network Executive Agency for the financial year 2010 — Amending Budget No 3
(2011/C 27/09)
EXPENDITURE









Title
Chapter


Heading


Appropriations 2010


Amending budget No 3


New amount





1






STAFF EXPENDITURES





1 1


SALARIES AND ALLOWANCES


6 171 000


– 294 000


5 877 000




1 2


SUNDRIES OF RECRUITMENT AND CHANGE OF PERSONNEL


27 500


–2 500


25 000




1 3


EXPENSES OF MISSIONS


150 000


–19 000


131 000




1 4


SOCIO, INFRASTRUCTURE AND TRAINING


247 000


–40 500


206 500




1 7


REPRESENTATION EXPENSES AND EVENTS


10 000


–5 000


5 000




 



Title 1 — Total




6 605 500




– 361 000




6 244 500






2






INFRASTRUCTURE AND OPERATING EXPENDITURES





2 0


OFFICES


1 870 500


402 900


2 273 400




2 1


COMPUTER EQUIPMENT PURCHASE AND MAINTENANCE


431 000


–36 200


394 800




2 2


GOODS, PIECES OF FURNITURE AND INCIDENTAL EXPENSES


66 000


53 000


119 000




2 3


ADMINISTRATIVE RUNNING EXPENDITURES


88 500


–35 400


53 100




2 4


TELECOMMUNICATION AND EXPENSES OF POSTING


41 000


–21 000


20 000




 



Title 2 — Total




2 497 000




363 300




2 860 300






3






TECHNICAL AND ADMINISTRATIVE SUPPORT EXPENDITURES





3 1


MEETINGS OF EXPERTS, CONFERENCES AND SEMINARS


25 000


–23 000


2 000




3 2


INFORMATION AND PUBLICATIONS


137 000


–30 000


107 000




3 3


OTHER TECHNICAL EXPENSES AND OF ADMINISTRATIVE SUPPORT


529 500


50 700


580 200




 



Title 3 — Total




691 500




–2 300




689 200





 



GRAND TOTAL




9 794 000




0




9 794 000
Case T-61/11: Action brought on 28 January 2011 — Vermop Salmon v OHIM — Leifheit (Clean Twist)
Date: 2011-01-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), household article, trade-mark law








C_2011089EN.01002501.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/25





Action brought on 28 January 2011 — Vermop Salmon v OHIM — Leifheit (Clean Twist)
(Case T-61/11)
2011/C 89/48
Language in which the application was lodged: German

Parties


Applicant: Vermop Salmon GmbH (Gilching, Germany) (represented by: W. von der Osten-Sacken, O. Sude and M. Ring, lawyers)

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

Other party to the proceedings before the Board of Appeal: Leifheit AG (Nassau, Germany)

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 19 November 2010 in Case R 671/2010-1;










—


Declare Community trade mark No 4892642 ‘Clean Twist’ invalid;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay those of the applicant;










—


In the event that Leifheit AG intervenes in the proceedings, order the intervener to bear its own costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘Clean Twist’ for goods in Class 21

Proprietor of the Community trade mark: Leifheit AG

Applicant for the declaration of invalidity of the Community trade mark: the applicant

Grounds for the application for a declaration of invalidity: the earlier word marks ‘TWIX’ and ‘TWIXTER’ for goods in Classes 9, 12, 21, 22 and 25. Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation (EC) No 207/2009. (1)


Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation (EC) No 207/2009 as there is a likelihood of confusion between the marks at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2011-01-28
Institutions: European Commission
Subjects: United Kingdom, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2011026EN.01003301.xml










28.1.2011   


EN


Official Journal of the European Union


C 26/33





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2011/C 26/17






Member State


United Kingdom




Concerned routes








—


Oban–Coll










—


Oban–Colonsay










—


Oban–Tiree










—


Coll–Tiree








Period of validity of the contract


1 April 2011-31 March 2014




Deadline for submission of tenders


Two months after the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the pubic tender and the modified public service obligations can be obtained







Argyll and Bute Council




Council Offices




Kilmory




Lochgilphead




Argyll




PA31 8RT




Scotland




UNITED KINGDOM




Tel. +44 1546604141




Fax +44 1546606443




Contact: Sandy Mactaggart, Development and Infrastructure Services




E-mail: sandy.mactaggart@argyll-bute.gov.uk
Commission communication pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2011-01-28
Institutions: European Commission
Subjects: Sweden, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2011026EN.01003001.xml










28.1.2011   


EN


Official Journal of the European Union


C 26/30





Commission communication pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2011/C 26/14






Member State


Sweden




Concerned routes








—


Arvidsjaur–Stockholm/Arlanda










—


Gällivare–Stockholm/Arlanda










—


Hagfors–Stockholm/Arlanda










—


Hemavan–Stockholm/Arlanda










—


Lycksele–Stockholm/Arlanda










—


Pajala–Luleå










—


Sveg–Stockholm/Arlanda










—


Torsby–Stockholm/Arlanda










—


Vilhelmina–Stockholm/Arlanda










—


Östersund–Umeå








Date of entry into force of the revised public service obligations


30 October 2011




Address where the text and any relevant information and/or documentation related to the public service obligations can be obtained free of charge







The Swedish Transport Administration




SE-781 87 Borlänge




SVERIGE




Tel. +46 771921921




Fax +46 771921921




Contact person: Anna Fürst




E-mail: anna.furst@trafikverket.se
Commission Regulation (EU) No 79/2011 of 28 January 2011 establishing a prohibition of fishing for Greenland halibut in NAFO 3LMNO by vessels flying the flag of Spain
Date: 2011-01-28
Institutions: European Commission
Subjects: Spain, authorised catch, catch quota, fishing area, fishing rights, sea fish, ship's flag








L_2011027EN.01001701.xml










1.2.2011   


EN


Official Journal of the European Union


L 27/17








            COMMISSION REGULATION (EU) No 79/2011
of 28 January 2011
         
establishing a prohibition of fishing for Greenland halibut in NAFO 3LMNO by vessels flying the flag of Spain


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, 28 January 2011.


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


54/T&Q




Member State


Spain




Stock


GHL/N3LMNO




Species


Greenland halibut (Reinhardtius hippoglossoides)




Zone


NAFO 3LMNO




Date


16.11.2010
COM documents other than legislative proposals adopted by the Commission
Date: 2011-01-28
Institutions: European Commission
Subjects: European Commission, directory, official document








C_2011026EN.01002201.xml










28.1.2011   


EN


Official Journal of the European Union


C 26/22





COM documents other than legislative proposals adopted by the Commission
2011/C 26/11








Document


Part


Date


Title




COM(2009) 171


1


8.4.2009


Communication from the Commission to the European Parliament and the Council concerning the revision of the multiannual financial framework (2007-2013)




This text is available on EUR-Lex: http://eur-lex.europa.eu
Statement of revenue and expenditure of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex) for the financial year 2010 — Amending Budget No 2
Date: 2011-01-28
Institutions: Frontex
Subjects: EU office or agency, expenditure, financial year, publication of accounts, revenue, scientific research








C_2011027EN.01002301.xml










28.1.2011   


EN


Official Journal of the European Union


C 27/23





Statement of revenue and expenditure of the European Agency for the Management of Operational Cooperation at the External Borders (Frontex) for the financial year 2010 — Amending Budget No 2
(2011/C 27/06)
REVENUE









Title
Chapter


Heading


Budget 2010


Amending budget No 2


New amount





9






REVENUE





9 0


SUBSIDIES AND CONTRIBUTIONS


88 290 843


4 556 085


92 846 928




 



Title 9 — Total




88 290 843




4 556 085




92 846 928





 



GRAND TOTAL




88 290 843




4 556 085




92 846 928





EXPENDITURE









Title
Chapter


Heading


Appropriations 2010


Amending budget No 2


New amount





1






STAFF





 



Title 1 — Total




20 085 000



 



20 085 000






2






OTHER ADMINISTRATIVE EXPENDITURE





2 1


DATA-PROCESSING


5 165 000


256 085


5 421 085




 



Title 2 — Total




10 894 000




256 085




11 150 085






3






OPERATIONAL ACTIVITIES





3 0


OPERATIONS


43 111 843


1 000 000


44 111 843




3 4


MANAGEMENT OF TECHNICAL EQUIPMENT


1 400 000


2 500 000


3 900 000




3 5


MISCELLANEOUS OPERATIONAL ACTIVITIES


1 950 000


800 000


2 750 000




 



Title 3 — Total




57 311 843




4 300 000




61 611 843






4






EARMARKED EXPENDITURE





 



Title 4 — Total




p.m.



 



p.m.





 



GRAND TOTAL




88 290 843




4 556 085




92 846 928
Commission Regulation (EU) No 72/2011 of 28 January 2011 establishing a prohibition of fishing for anchovy in VIII by vessels flying the flag of France
Date: 2011-01-28
Institutions: European Commission
Subjects: France, authorised catch, catch quota, fishing area, fishing rights, sea fish, ship's flag








L_2011027EN.01000301.xml










1.2.2011   


EN


Official Journal of the European Union


L 27/3








            COMMISSION REGULATION (EU) No 72/2011
of 28 January 2011
         
establishing a prohibition of fishing for anchovy in VIII 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, 28 January 2011.


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


59/T&Q




Member State


France




Stock


ANE/08.




Species


Anchovy (Engraulis encrasicolus)




Zone


VIII




Date


1.12.2010-28.2.2011
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations (modified) in respect of scheduled air services  Text with EEA relevance
Date: 2011-01-28
Institutions: European Commission
Subjects: United Kingdom, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2011026EN.01003201.xml










28.1.2011   


EN


Official Journal of the European Union


C 26/32





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations (modified) in respect of scheduled air services
(Text with EEA relevance)
2011/C 26/16






Member State


United Kingdom




Concerned routes








—


Oban–Coll










—


Oban–Colonsay










—


Oban–Tiree










—


Coll–Tiree








Date of entry into force of the public service obligations


2 March 2007




Address where the text and any relevant information and/or documentation related to the modified public service obligations can be obtained







Argyll and Bute Council




Council Offices




Kilmory




Lochgilphead




Argyll PA31 8RT




Scotland




UNITED KINGDOM




Tel. +44 1546604141




Fax +44 1546606443




Contact: Sandy Mactaggart, Development and Infrastructure Services




E-mail: sandy.mactaggart@argyll-bute.gov.uk
Commission Regulation (EU) No 78/2011 of 28 January 2011 establishing a prohibition of fishing for common sole in VIIIa and VIIIb by vessels flying the flag of Spain
Date: 2011-01-28
Institutions: European Commission
Subjects: EU waters, Spain, authorised catch, catch quota, fishing area, fishing rights, sea fish, ship's flag








L_2011027EN.01001501.xml










1.2.2011   


EN


Official Journal of the European Union


L 27/15








            COMMISSION REGULATION (EU) No 78/2011
of 28 January 2011
         
establishing a prohibition of fishing for common sole in VIIIa and VIIIb by vessels flying the flag of Spain


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, 28 January 2011.


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


58/T&Q




Member State


Spain




Stock


SOL/8AB.




Species


Common sole (Solea solea)




Zone


VIIIa and VIIIb




Date


20.11.2010