do-me/EUR-LEX huggingface dataset:
2011/645/EU: Council Recommendation of 15 February 2011 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2009
Date: 2011-02-15
Institutions: European Commission
Subjects: ACP countries, ACP-EU Convention, European Development Fund, fund (EU), implementation of the budget








L_2011255EN.01001301.xml










1.10.2011   


EN


Official Journal of the European Union


L 255/13








            COUNCIL RECOMMENDATION
         
of 15 February 2011
         
concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eighth EDF) for the financial year 2009
(2011/645/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to the fourth ACP-EEC Convention, signed at Lomé on 15 December 1989 (1) and amended by the Agreement signed in Mauritius on 4 November 1995 (2),


Having regard to the Internal Agreement between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3) (the ‘Internal Agreement’) setting up, amongst others, the eighth European Development Fund (eighth EDF), and in particular Article 33(3) thereof,


Having regard to the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (4), and in particular Articles 66 to 74 thereof,


Having examined the revenue and expenditure account and the balance sheet relating to the operations of the eighth EDF as at 31 December 2009, and the Annual Report of the Court of Auditors on the activities funded by the eighth, ninth and tenth European Development Funds (EDFs) (5), concerning the financial year 2009, together with the Commission’s replies contained in that Annual Report,

Whereas:







(1)


Pursuant to Article 33(3) of the Internal Agreement, the discharge for the financial management of the eighth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.












(2)


The overall implementation by the Commission of the operations of the eighth EDF during the financial year 2009 has been satisfactory,







HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the eighth EDF for the financial year 2009.



Done at Brussels, 15 February 2011.


For the Council


The President


               MATOLCSY Gy.





(1)  
            OJ L 229, 17.8.1991, p. 3.

(2)  
            OJ L 156, 29.5.1998, p. 3.

(3)  
            OJ L 156, 29.5.1998, p. 108.

(4)  
            OJ L 191, 7.7.1998, p. 53.

(5)  
            OJ C 303, 9.11.2010, p. 243.
Council Recommendation of 15 February 2011 on the appointment of a member of the Executive Board of the European Central Bank
Date: 2011-02-15
Institutions: Council of the European Union
Subjects: European Central Bank, appointment of staff, decision-making body (EU)








C_2011056EN.01000101.xml










22.2.2011   


EN


Official Journal of the European Union


C 56/1





COUNCIL RECOMMENDATION
of 15 February 2011
on the appointment of a member of the Executive Board of the European Central Bank
2011/C 56/01
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 283(2) and 139(2)(h) thereof, and Articles 11.2 and 42.3 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank,
HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:
To appoint Mr Peter PRAET as member of the Executive Board of the European Central Bank for a term of office of eight years with effect from 1 June 2011.

Done at Brussels, 15 February 2011.


For the Council


The President

MATOLCSY Gy.
Agreement between the EU and Brazil on short-stay visa waiver for holders of ordinary passports *** European Parliament legislative resolution of 15 February 2011 on the draft Council decision on the conclusion of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports (16364/2010 – C7-0400/2010 – 2010/0228(NLE))
Date: 2011-02-15
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Brazil, EU visa policy, agreement (EU), residence permit








CE2012188EN.01007201.xml










28.6.2012   


EN


Official Journal of the European Union


CE 188/72





Tuesday 15 February 2011Agreement between the EU and Brazil on short-stay visa waiver for holders of ordinary passports ***
P7_TA(2011)0049
European Parliament legislative resolution of 15 February 2011 on the draft Council decision on the conclusion of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports (16364/2010 – C7-0400/2010 – 2010/0228(NLE))
2012/C 188 E/22
(Consent)

The European Parliament,






—


having regard to the draft Council decision (16364/2010),










—


having regard to the draft agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports (13712/2010),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0400/2010),










—


having regard to Rules 81 and 90(8) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0011/2011),










1.


Consents to conclusion of the agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Federative Republic of Brazil.
Case C-65/11: Action brought on 15 February 2011 — European Commission v Kingdom of the Netherlands
Date: 2011-02-15
Institutions: Court of Justice
Subjects: European Commission, Netherlands, VAT, basis of tax assessment, distributive trades, provision of services, tax exemption, tax harmonisation, tax relief








C_2011130EN.01001001.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/10





Action brought on 15 February 2011 — European Commission v Kingdom of the Netherlands
(Case C-65/11)
2011/C 130/19
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: A. Nijenhuis and D. Triantafyllou, acting as Agents)

Defendant: Kingdom of the Netherlands

Form of order sought







—


Declare that, by failing to consult the VAT Committee and by allowing non-taxable persons to join a fiscal unit, as is apparent from the resolution of 18 February 1991, No VB91/347, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 9 and 11 of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax;










—


order Kingdom of the Netherlands to pay the costs.





Pleas in law and main arguments

Article 9(1) of Directive 2006/112/EC provides that ‘taxable person’ means any person who, independently, carries out in any place any economic activity, whatever the results of that activity. Article 11 of the VAT Directive provides that after consulting the advisory committee on value added tax (‘the VAT Committee’) each Member State may regard as a single taxable person any persons established in the territory of that Member State who, while legally independent, are closely bound to one another by financial, economic and organisational links.
According to the Commission, the Netherlands has failed to fulfil its obligations under Articles 9 and 11 of Directive 2006/112/EC because it permits non-taxable persons to join a fiscal unit. Furthermore, in failing to consult the VAT Committee, the Netherlands has failed to comply with Article 11.


(1)  OL 2006 L 347, p. 1.
Prior notification of a concentration (Case COMP/M.6019 — APMT/Bolloré/Meridian Port Services) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-02-15
Institutions: European Commission
Subjects: container, economic concentration, exchange of information, logistics, merger control, transport company








C_2011047EN.01001101.xml










15.2.2011   


EN


Official Journal of the European Union


C 47/11





Prior notification of a concentration
(Case COMP/M.6019 — APMT/Bolloré/Meridian Port Services)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 47/06






1.


On 8 February 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings APM Terminals BV (‘APMT’), belonging to the AP Møller-Maersk A/S group (‘APMM’, Denmark) and Bolloré SA (‘Bolloré’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Meridian Port Services Limited (‘Meridian Port Services’, Ghana) by way purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for APMM: development and operation of container terminals and related activities worldwide, containerised liner shipping, inland transportation and logistics, harbour towage, tankers, oil and gas exploration and production, retail and air transport,










—


for Bolloré: transportation and logistic services worldwide, manufacture of plastic films, ticket machine terminals, batteries and electric vehicles, fuel distribution in Europe, communication and media, advertising and the commercialisation of plantations in Cameroon, the United States and France,










—


for Meridian Port Services: development, management and operation of the container terminal at the Tema Port in Ghana, as well as associated services.














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.6019 — APMT/Bolloré/Meridian Port Services, 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’).
Case T-213/09: Judgment of the General Court of 15 February 2011 — Yorma's v OHIM — Norma Lebensmittelfilialbetrieb (YORMA’S) (Community trade mark — Opposition proceedings — Application for the Community figurative mark including the word element ‘yorma’s’ — Earlier Community word mark NORMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2011-02-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), marketing, trade-mark law








C_2011095EN.01000701.xml










26.3.2011   


EN


Official Journal of the European Union


C 95/7





Judgment of the General Court of 15 February 2011 — Yorma's v OHIM — Norma Lebensmittelfilialbetrieb (YORMA’S)
(Case T-213/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark including the word element ‘yorma’s’ - Earlier Community word mark NORMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 95/11
Language of the case: German

Parties


Applicant: Yorma’s AG (Deggendorf, Germany) (represented by: A. Weiß, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Norma Lebensmittelfilialbetrieb GmbH & Co. KG (Nuremberg, Germany) (represented by: A. von Welser, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 February 2009 (Case R 1879/2007-1), concerning opposition proceedings between Norma Lebensmittelfilialbetrieb GmbH & Co. KG and Yorma’s AG

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders Yorma’s AG to pay the costs.






(1)  OJ C 180, 1.8.2009.
Rights of passengers in bus and coach transport ***III European Parliament legislative resolution of 15 February 2011 on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (PE-CONS 00063/2010 – C7-0015/2011 – 2008/0237(COD))
Date: 2011-02-15
Institutions: Delegation to the Conciliation Committee, European Parliament
Subjects: bus, carriage of passengers, consumer protection, public transport, single market, transport policy, transport safety








CE2012188EN.01007302.xml










28.6.2012   


EN


Official Journal of the European Union


CE 188/73





Tuesday 15 February 2011Rights of passengers in bus and coach transport ***III
P7_TA(2011)0052
European Parliament legislative resolution of 15 February 2011 on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (PE-CONS 00063/2010 – C7-0015/2011 – 2008/0237(COD))
2012/C 188 E/24
(Ordinary legislative procedure: third reading)

The European Parliament,






—


having regard to the joint text approved by the Conciliation Committee (PE-CONS 00063/2010 – C7-0015/2011),










—


having regard to the opinion of the European Economic and Social Committee of 16 July 2009 (1),










—


having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2008)0817),










—


having regard to its position at second reading (3) on the Council position at first reading (4),










—


having regard to the Commission's opinion on Parliament's amendments to the Council position at first reading (COM(2010)0469),










—


having regard to the Council position at second reading,










—


having regard to Article 294(13) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 69 of its Rules of Procedure,










—


having regard to the report of its delegation to the Conciliation Committee (A7-0020/2011),










1.


Approves the joint text;










2.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;










3.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;










4.


Instructs its President to forward this legislative resolution to the Council, the Commission and the national parliaments.






(1)  OJ C 317, 23.12.2009, p. 99.

(2)  OJ C 184 E, 8.7.2010, p. 312.

(3)  Texts adopted of 6.7.2010, P7_TA(2010)0256.

(4)  OJ C 122 E, 11.5.2010, p. 1.
Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 *** European Parliament legislative resolution of 15 February 2011 on the draft Council decision on the conclusion, on behalf of the European Union, of an Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (07853/2010 – C7-0101/2010 – 2009/0148(NLE))
Date: 2011-02-15
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EFTA countries, border control, cooperation agreement (EU), cooperation policy, external border of the EU, fund (EU), migratory movement








CE2012188EN.01006902.xml










28.6.2012   


EN


Official Journal of the European Union


CE 188/69





Tuesday 15 February 2011Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 ***
P7_TA(2011)0046
European Parliament legislative resolution of 15 February 2011 on the draft Council decision on the conclusion, on behalf of the European Union, of an Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (07853/2010 – C7-0101/2010 – 2009/0148(NLE))
2012/C 188 E/19
(Consent)

The European Parliament,






—


having regard to the draft Council decision (07853/2010),










—


having regard to the draft agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (15954/2009),










—


having regard to the request for consent submitted by the Council in accordance with Articles 77(2)(d) and Article 218(6), second subparagraph, point (a), point (v), of the Treaty on the Functioning of the European Union (C7-0101/2010),










—


having regard to Rules 81 and 90(8) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0007/2011),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein.
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2011-02-15
Institutions: European Commission
Subjects: Austria, Netherlands, State aid, control of State aid, postal and telecommunications services, research and development








C_2011047EN.01000101.xml










15.2.2011   


EN


Official Journal of the European Union


C 47/1





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2011/C 47/01






Date of adoption of the decision


17.11.2010




Reference number of State Aid


N 144/10




Member State


Netherlands




Region


—




Title (and/or name of the beneficiary)


O&O-steun aan Rekkof




Legal basis


Kaderwet EZ-subsidies; O&O-programma Civiele Vliegtuigontwikkeling




Type of measure


Individual aid




Objective


Research and development, Sectoral development




Form of aid


Reimbursable grant




Budget


Overall budget: EUR 19,72 million




Intensity


33 %




Duration (period)


Until 31.12.2012




Economic sectors


Manufacturing industry




Name and address of the granting authority







Ministerie van Economische Zaken




Postbus 20101




2500 EC Den Haag




NEDERLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm






Date of adoption of the decision


10.12.2010




Reference number of State Aid


N 336/10




Member State


Austria




Region


—




Title (and/or name of the beneficiary)


Breitband Austria Zwanzigdreizehn




Legal basis


Sonderrichtlinie Breitband Austria Zwanzigdreizehn




Type of measure


Aid scheme




Objective


Sectoral development




Form of aid


Direct grant




Budget


Annual budget: EUR 10 million
Overall budget: EUR 26 million




Intensity


75 %




Duration (period)


1.1.2011-31.12.2013




Economic sectors


Post and telecommunications




Name and address of the granting authority







Bundesministerium für Verkehr, Innovation und Technologie




Ghegastrabe 1




1030 Wien




ÖSTERREICH








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Case F-81/09: Judgment of the Civil Service Tribunal (First Chamber) of 15 February 2011 — Marcuccio v Commission (Civil service — Officials — Invalidity allowance — Error in the calculation — Payment of arrears — Default interest due — Rate applicable — Annual capitalisation Material and non-material damage)
Date: 2011-02-15
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), disability insurance, interest








C_2011095EN.01001302.xml










26.3.2011   


EN


Official Journal of the European Union


C 95/13





Judgment of the Civil Service Tribunal (First Chamber) of 15 February 2011 — Marcuccio v Commission
(Case F-81/09) (1)

(Civil service - Officials - Invalidity allowance - Error in the calculation - Payment of arrears - Default interest due - Rate applicable - Annual capitalisation Material and non-material damage)
2011/C 95/20
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, agents, and A. Dal Ferro, lawyer)

Re:

Application for annulment of the Commission’s decision rejecting in part the applicant’s request for default interest in respect of the payment of the invalidity allowance awarded to him.

Operative part of the judgment

The Tribunal:






1.


dismisses the action;










2.


orders the Commission, in addition to bearing its own costs, to pay one quarter of the costs incurred by Mr Marcuccio










3.


orders Mr Marcuccio to bear three-quarters of his own costs..






(1)  OJ C 312, 19.12.09, p. 44.