do-me/EUR-LEX huggingface dataset:
Case T-484/10 R: Order of the President of the General Court of 17 February 2011 — Gas Natural Fenosa SDG v Commission (Interim measures — State aid — Compensation for the additional production costs of certain power plants arising from the public service obligation to produce certain volumes of electricity out of indigenous coal and implementation of a ‘preferential dispatch mechanism’ in their favour — Decision not to raise objections — Application for suspension of operation — Prima facie case — Lack of urgency — Weighing of the interests)
Date: 2011-02-17
Institutions: General Court
Subjects: European Commission, State aid, action for annulment, energy industry








C_2011152EN.01002201.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/22





Order of the President of the General Court of 17 February 2011 — Gas Natural Fenosa SDG v Commission
(Case T-484/10 R)
(Interim measures - State aid - Compensation for the additional production costs of certain power plants arising from the public service obligation to produce certain volumes of electricity out of indigenous coal and implementation of a ‘preferential dispatch mechanism’ in their favour - Decision not to raise objections - Application for suspension of operation - Prima facie case - Lack of urgency - Weighing of the interests)
2011/C 152/40
Language of the case: Spanish

Parties


Applicant: Gas Natural Fenosa SDG, SA (Madrid, Spain) (represented by: F. González Díaz and F. Salerno, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and C. Urraca Caviedes, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, acting as Agent)

Re:

Application for interim measures seeking, in essence, an order for the suspension of operation of Commission Decision C(2010) 4499 of 29 September 2010 relating to State aid No N 178/2010 notified by the Kingdom of Spain in the form of a public service compensation linked to a preferential dispatch mechanism in favour of electricity power plants which use indigenous coal

Operative part of the order







1.


The application for leave to intervene lodged by the Cámara Oficial de Comercio, Industria y Navegación de A Coruña is dismissed.










2.


E.ON Generación, SL, Hidroeléctrica del Cantábrico SA and the Federación Nacional de Empresarios de Minas de Carbón are granted leave to intervene in support of the form of order sought by the European Commission.










3.


The order of the President of the General Court of 3 November 2010 in Case T-484/10 R Gas Natural Fenosa SDG v Commission, not published in the ECR, is cancelled.










4.


A period shall be fixed for Gas Natural Fenosa SDG, the Commission and the Kingdom of Spain to request that certain confidential information in the file and in the present order be excluded from communication to the parties referred to in point 2 of this operative part and to provide, for the purposes of that communication, a non-confidential version of the documents in the file and of the present order.










5.


The costs are reserved.
Case T-520/10 R: Order of the President of the General Court of 17 February 2011 — Comunidad Autónoma de Galicia v Commission (Interim measures — State aid — Compensation for additional production costs of certain electricity power plants arising from a public service obligation to produce certain volumes of electricity from indigenous coal implemented by a ‘preferential dispatch mechanism’ in their favour — Decision not to raise objections — Application for suspension of operation — Prima facie case — No urgency — Balance of interests)
Date: 2011-02-17
Institutions: General Court
Subjects: Spain, action for annulment (EU), coal, energy production, power plant, public service








C_2011113EN.01001401.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/14





Order of the President of the General Court of 17 February 2011 — Comunidad Autónoma de Galicia v Commission
(Case T-520/10 R)
(Interim measures - State aid - Compensation for additional production costs of certain electricity power plants arising from a public service obligation to produce certain volumes of electricity from indigenous coal implemented by a ‘preferential dispatch mechanism’ in their favour - Decision not to raise objections - Application for suspension of operation - Prima facie case - No urgency - Balance of interests)
2011/C 113/28
Language of the case: Spanish

Parties


Applicant: Comunidad Autónoma de Galicia (Santiago de Compostela, Spain) (represented by: S. Martínez Lage, H. Brokelmann and A. Rincón García Loygorri, lawyers)

Defendant: European Commission (represented by: E. Gippini Fournier and C. Urraca Caviedes, Agents)

Re:

Application for interim measures seeking, in essence, an order that the operation of Commission Decision C(2010) 4499 of 29 September 2010 concerning State aid N 178/2010 notified by the Kingdom of Spain in the form of a public service compensation linked to a preferential dispatch mechanism for indigenous coal power plants be suspended

Operative part of the order







1.


Hidroeléctrica del Cantábrico, SA, and the Federación Nacional de Empresarios de Minas de Carbón are granted leave to intervene in support of the form of order sought by the European Commission.










2.


Copies of all the procedural documents shall be served by the Registrar on the parties referred to in paragraph 1 above.










3.


The application for interim measures is dismissed.










4.


The costs are reserved.
Case C-251/09: Judgment of the Court (Second Chamber) of 17 February 2011 — European Commission v Republic of Cyprus (Public works contracts and supply contracts — Water, energy, transport and telecommunications sectors — Directive 93/38/EEC — Contract notice — Award criteria — Equal treatment of tenderers — Principle of transparency — Directive 92/13/EEC — Review procedure — Requirement to state reasons for a decision to eliminate a tenderer)
Date: 2011-02-17
Institutions: Court of Justice
Subjects: Cyprus, European Commission, action for failure to fulfil an obligation, award of contract, invitation to tender, power plant








C_2011103EN.01000401.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/4





Judgment of the Court (Second Chamber) of 17 February 2011 — European Commission v Republic of Cyprus
(Case C-251/09) (1)

(Public works contracts and supply contracts - Water, energy, transport and telecommunications sectors - Directive 93/38/EEC - Contract notice - Award criteria - Equal treatment of tenderers - Principle of transparency - Directive 92/13/EEC - Review procedure - Requirement to state reasons for a decision to eliminate a tenderer)
2011/C 103/04
Language of the case: Greek

Parties


Applicant: European Commission (represented by: C. Zadra, I. Chatzigiannis and M. Patakia, agents, agents)

Defendant: Republic of Cyprus (represented by: K. Likourgos and A. Patanzi-Lamprou, agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 4(2) and 31(1) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) — Infringement of Article 1(1) of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1992 L 76, p. 14) — Requirement to state reasons for a decision to eliminate a tenderer — Requirement to ensure that decisions taken by the contracting authorities may be reviewed effectively and as rapidly as possible — Principles of equal treatment and transparency

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders the European Commission to pay the costs.






(1)  OJ C 233, 26.9.2009.
Case T-316/10: Order of the General Court of 17 February 2011 — HIM v Commission
Date: 2011-02-17
Institutions: General Court
Subjects: European Commission, administrative contract, contractual liability, subcontracting








C_2011113EN.01002102.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/21





Order of the General Court of 17 February 2011 — HIM v Commission
(Case T-316/10) (1)

2011/C 113/44
Language of the case: French
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 274, 9.10.2010.
Case T-122/09: Judgment of the General Court of 17 February 2011 — Zhejiang Xinshiji Foods and Hubei Xinshiji Foods v Council (Dumping — Imports of prepared or preserved citrus fruits originating in the People’s Republic of China — Rights of the defence — Obligation to state reasons — Principle of sound administration — Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 1225/2009))
Date: 2011-02-17
Institutions: General Court
Subjects: China, Council of the European Union, action for annulment (EU), citrus fruit, human nutrition, import, originating product








C_2011103EN.01002102.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/21





Judgment of the General Court of 17 February 2011 — Zhejiang Xinshiji Foods and Hubei Xinshiji Foods v Council
(Case T-122/09) (1)

(Dumping - Imports of prepared or preserved citrus fruits originating in the People’s Republic of China - Rights of the defence - Obligation to state reasons - Principle of sound administration - Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 1225/2009))
2011/C 103/37
Language of the case: English

Parties


Applicants: Zhejiang Xinshiji Foods Co. Ltd (Liuao Town, Sanmen County, China) and Hubei Xinshiji Foods Co. Ltd (Dangyang City, China)) (represented by: F. Carlin, Barrister, A. MacGregor, Solicitor and N. Niejahr and Q. Azau, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and R. Szostak, Agents, assisted initially by G. Berrisch and G. Wolf, and subsequently by G. Berrisch, lawyers)

Intervener in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, Agents)

Re:

Application for annulment of Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China (OJ 2008 L 350, p. 35) in so far as it concerns the applicants.

Operative part of the judgment

The Court:






1.


Annuls Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China in so far as it concerns Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd;;










2.


Orders Zhejiang Xinshiji Foods and Hubei Xinshiji Foods to bear half of their own costs;










3.


Orders the Council of the European Union to bear its own costs and to pay half of the costs incurred by Zhejiang Xinshiji Foods and Hubei Xinshiji Foods;










4.


Orders the European Commission to bear its own costs.






(1)  OJ C 141, 20.6.2009.
Special Report No 11/2010 ‘The Commission’s management of General Budget Support in ACP, Latin American and Asian Countries’
Date: 2011-02-17
Institutions: European Court of Auditors
Subjects: ACP countries, Asia, European Commission, European Court of Auditors, Latin America, budget, report








C_2011050EN.01000401.xml










17.2.2011   


EN


Official Journal of the European Union


C 50/4





Special Report No 11/2010 ‘The Commission’s management of General Budget Support in ACP, Latin American and Asian Countries’
2011/C 50/04
The European Court of Auditors hereby informs you that Special Report No 11/2010 ‘The Commission’s management of General Budget Support in ACP, Latin American and Asian Countries’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://www.eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: euraud@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Guidelines for the employment policies of the Member States * European Parliament legislative resolution of 17 February 2011 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2011)0006 – C7-0033/2011 – 2011/0007(CNS))
Date: 2011-02-17
Institutions: Committee on Economic and Monetary Affairs, Committee on Employment and Social Affairs, European Parliament
Subjects: EU employment policy, economic and social cohesion, labour flexibility, occupational safety, productivity, social security, vocational training, wage cost








CE2012188EN.01011401.xml










28.6.2012   


EN


Official Journal of the European Union


CE 188/114





Thursday 17 February 2011Guidelines for the employment policies of the Member States *
P7_TA(2011)0070
European Parliament legislative resolution of 17 February 2011 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2011)0006 – C7-0033/2011 – 2011/0007(CNS))
2012/C 188 E/32
(Special legislative procedure – consultation)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2011)0006),










—


having regard to Article 148(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0033/2011),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Economic and Monetary Affairs (A7-0040/2011),










1.


Approves the Commission proposal;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;










4.


Reiterates its longstanding call to the Commission and the Council to ensure that the Parliament is given the necessary time, and in any event no less than five months, to express its views on the Integrated Guidelines (Broad Economic Policy Guidelines and Employment Guidelines) in the framework of the European Semester and to fulfil its consultative role, as defined in Article 148(2) of the Treaty, during the full revision of the guidelines for the employment policies of the Member States, which is scheduled to take place in 2014;










5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Case C-11/10: Judgment of the Court (Fifth Chamber) of 17 February 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v Marishipping and Transport BV (Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Customs duties — Relief — Pharmaceutical substances — Composition — Restrictions)
Date: 2011-02-17
Institutions: Court of Justice
Subjects: chemical product, customs duties, interpretation of the law, pharmaceutical product, tariff exemption








C_2011103EN.01000701.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/7





Judgment of the Court (Fifth Chamber) of 17 February 2011 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v Marishipping and Transport BV
(Case C-11/10) (1)

(Reference for a preliminary ruling - Regulation (EEC) No 2658/87 - Common Customs Tariff - Customs duties - Relief - Pharmaceutical substances - Composition - Restrictions)
2011/C 103/10
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Staatssecretaris van Financiën

Defendant: Marishipping and Transport BV

Re:

Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) — Interpretation of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1) — Pharmaceutical substances exempted from customs duties — Substance not presented in its pure form — Restrictions

Operative part of the judgment

Part One, Section II, C, 1(i) of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulations (EC) Nos 2031/2001 of 6 August 2001 and 1832/2002 of 1 August 2002, must be interpreted as meaning that a pharmaceutical substance listed in Annex 3 of Part Three of Annex I, to which other substances have been added, in particular pharmaceutical substances, no longer qualifies for the duty-free treatment which would have applied if such a substance had been in its pure form.


(1)  OJ C 80, 27.3.2010.
Case C-283/09: Judgment of the Court (First Chamber) of 17 February 2011 (reference for a preliminary ruling from the Sąd Rejonowy Warszawa — Republic of Poland) — Artur Weryński v Mediatel 4B Spółka z o.o. (Judicial cooperation in civil matters — Taking of evidence — Examination of a witness by the requested court upon application by the requesting court — Payment of witness expenses)
Date: 2011-02-17
Institutions: Court of Justice
Subjects: civil law, commercial law, evidence, indemnification, interpretation of the law, judicial cooperation








C_2011103EN.01000501.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/5





Judgment of the Court (First Chamber) of 17 February 2011 (reference for a preliminary ruling from the Sąd Rejonowy Warszawa — Republic of Poland) — Artur Weryński v Mediatel 4B Spółka z o.o.
(Case C-283/09) (1)

(Judicial cooperation in civil matters - Taking of evidence - Examination of a witness by the requested court upon application by the requesting court - Payment of witness expenses)
2011/C 103/06
Language of the case: Polish

Referring court

Sąd Rejonowy Warszawa

Parties to the main proceedings


Applicant: Artur Weryński

Defendant: Mediatel 4B Spółka z o.o.

Re:

Reference for a preliminary ruling — Interpretation of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p. 1) — Hearing of a witness by a court of a Member State at the request of a court of another Member State — Witness expenses — Possibility for the requested court to demand from the requesting court payment of an advance for the witness heard

Operative part of the judgment

Articles 14 and 18 of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters must be interpreted as meaning that a requesting court is not obliged to pay an advance to the requested court for the expenses of a witness or to reimburse the expenses paid to the witness examined.


(1)  OJ C 244, 10.10.2009.
Case C-470/10: Order of the President of the Court of 17 February 2011 — European Commission v Portuguese Republic
Date: 2011-02-17
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, freedom to provide services, health care profession, recognition of vocational training qualifications, right of establishment








C_2011173EN.01000904.xml










11.6.2011   


EN


Official Journal of the European Union


C 173/9





Order of the President of the Court of 17 February 2011 — European Commission v Portuguese Republic
(Case C-470/10) (1)

2011/C 173/21
Language of the case: Portuguese
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 328, 4.12.2010.
Case C-321/10: Judgment of the Court (Seventh Chamber) of 17 February 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2007/2/EC — Environment policy — Infrastructure for Spatial Information in the European Community (INSPIRE) — Exchange and updates of data in electronic format — Incomplete transposition)
Date: 2011-02-17
Institutions: Court of Justice
Subjects: Belgium, EU environmental policy, European Commission, action for failure to fulfil an obligation, data processing, exchange of information, geographical information system, transport company








C_2011103EN.01001001.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/10





Judgment of the Court (Seventh Chamber) of 17 February 2011 — European Commission v Kingdom of Belgium
(Case C-321/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2007/2/EC - Environment policy - Infrastructure for Spatial Information in the European Community (INSPIRE) - Exchange and updates of data in electronic format - Incomplete transposition)
2011/C 103/15
Language of the case: French

Parties


Applicant: European Commission (represented by: J. Sénéchal, Agent)

Defendant: Kingdom of Belgium (represented by: T. Materne and M. Jacobs, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or to communicate, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ 2007 L 108, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 246, 11.9.2010.
Case T-217/10: Order of the General Court of 17 February 2011 — Rautaruukki v OHIM — Vigil Pérez (MONTERREY)
Date: 2011-02-17
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building industry, trade-mark law








C_2011113EN.01002004.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/20





Order of the General Court of 17 February 2011 — Rautaruukki v OHIM — Vigil Pérez (MONTERREY)
(Case T-217/10) (1)

2011/C 113/42
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 195, 17.7.2010.