do-me/EUR-LEX huggingface dataset:
Case C-254/10 P: Order of the Court of 3 March 2011 — Centre de Coordination Carrefour SNC v European Commission (Appeal — Aid scheme in favour of coordination centres established in Belgium — Conditions of admissibility of an action for annulment — Concept of ‘interest in bringing proceedings’ — Res judicata)
Date: 2011-03-03
Institutions: Court of Justice
Subjects: Belgium, European Commission, State aid, action for failure to fulfil an obligation, control of State aid, distributive trades, multinational enterprise








C_2011252EN.01000802.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/8





Order of the Court of 3 March 2011 — Centre de Coordination Carrefour SNC v European Commission
(Case C-254/10 P) (1)

(Appeal - Aid scheme in favour of coordination centres established in Belgium - Conditions of admissibility of an action for annulment - Concept of ‘interest in bringing proceedings’ - Res judicata)
2011/C 252/14
Language of the case: French

Parties


Appellant: Centre de Coordination Carrefour SNC (represented by: X. Clarebout, C. Docclo and M. Pittie, avocats)

Other party to the proceedings: European Commission (represented by: C. Urraca Caviedes and J.-P. Keppenne, Agents)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 18 March 2010 — Case T-94/08 Centre de Coordination Carrefour v Commission, by which the General Court dismissed as inadmissible the applicant’s action seeking annulment of Commission Decision 2008/283/EC of 13 November 2007 amending Decision 2003/757/EC on the aid scheme implemented by Belgium for coordination centres established in Belgium (OJ 2008 L 90, p. 7) — Conditions of admissibility of an action for annulment — Concept of interest in bringing proceedings — Res judicata

Operative part of the order

The Court hereby:






1.


Dismisses the appeal;










2.


Orders the Centre de Coordination Carrefour SNC to bear the costs.






(1)  OJ C 246, 11.9.2010
Opinion of the Governing Council of the European Central Bank of 3 March 2011 on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank (CON/2011/16)
Date: 2011-03-03
Institutions: European Central Bank
Subjects: European Central Bank, appointment of staff








C_2011074EN.01000101.xml










8.3.2011   


EN


Official Journal of the European Union


C 74/1





OPINION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK
of 3 March 2011
on a Council recommendation on the appointment of a member of the Executive Board of the European Central Bank
(CON/2011/16)
2011/C 74/01

Introduction and legal basis

On 18 February 2011 the European Central Bank (ECB) received a request from the President of the European Council for an opinion on Council Recommendation of 15 February 2011 (1) on the appointment of a member of the Executive Board of the European Central Bank.
The competence of the ECB’s Governing Council to deliver an opinion is based on Article 283(2) of the Treaty on the Functioning of the European Union.

General observations







1.


The Council’s Recommendation, which was submitted to the European Council, and on which the European Parliament and the ECB’s Governing Council are being consulted, recommends appointing Peter Praet as a member of the ECB’s Executive Board for a term of office of eight years with effect from 1 June 2011.










2.


The ECB’s Governing Council is of the opinion that the proposed candidate is a person of recognised standing and professional experience in monetary or banking matters as required by Article 283(2) of the Treaty.










3.


The ECB’s Governing Council has no objection to the Council’s Recommendation to appoint Peter Praet as a member of the ECB’s Executive Board.





Done at Frankfurt am Main, 3 March 2011.


The President of the ECB

Jean-Claude TRICHET




(1)  OJ C 56, 22.2.2011, p. 1.
Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/137/CFSP and Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
Date: 2011-03-03
Institutions: Council of the European Union
Subjects: Libya, economic sanctions, human rights, international sanctions, military equipment, natural person, technical cooperation, technology transfer








C_2011068EN.01000301.xml










3.3.2011   


EN


Official Journal of the European Union


C 68/3





Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/137/CFSP and Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
2011/C 68/02
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in Annexes II and IV to Council Decision 2011/137/CFSP (1) and in Annex III to Council Regulation (EU) No 204/2011 (2) concerning restrictive measures in view of the situation in Libya.
The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should be included in the list of persons subject to restrictive measures provided for in Decision 2011/137/CFSP and to Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex IV to Regulation (EU) No 204/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 58, 3.3.2011.

(2)  OJ L 58, 3.3.2011.
Corrigendum to the notice of open competition EPSO/AST/112/10 — Assistants (AST 3) ( OJ C 341 A, 16.12.2010 )
Date: 2011-03-03
Institutions: European Personnel Selection Office
Subjects: EPSO, European official, accounting, competition (EU), information technology, personnel administration








CA2011068EN.01000101.xml










3.3.2011   


EN


Official Journal of the European Union


CA 68/1





Corrigendum to the notice of open competition EPSO/AST/112/10 — Assistants (AST 3)

(
Official Journal of the European Union C 341 A of 16 December 2010
)

(2011/C 68 A/01)
On page 3, in Section IV.2:
for:








‘Test (d)



Professional capability:


accuracy and precision




Marking: 0-20


Pass mark: 10





Test (e)



Professional capability:


prioritising and organising




Marking: 0-20


Pass mark: 10’






read:








‘Test (d)



Professional capability:


accuracy and precision




Marking: 0-20





Test (e)



Professional capability:


prioritising and organising




Marking: 0-20





 



The aggregate pass mark for tests (d) and (e) is 20’
Case T-401/07: Judgment of the General Court of 3 March 2011 — Caixa Geral de Depósitos v Commission (ERDF — Reduction of financial assistance — Global grant for local development in Portugal — Action for annulment — Whether directly concerned — Inadmissibility — Arbitration clause)
Date: 2011-03-03
Institutions: General Court
Subjects: European Commission, European Regional Development Fund, Portugal, action for annulment (EU), aid system








C_2011113EN.01001202.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/12





Judgment of the General Court of 3 March 2011 — Caixa Geral de Depósitos v Commission
(Case T-401/07) (1)

(ERDF - Reduction of financial assistance - Global grant for local development in Portugal - Action for annulment - Whether directly concerned - Inadmissibility - Arbitration clause)
2011/C 113/23
Language of the case: Portuguese

Parties


Applicant: Caixa Geral de Depósitos SA (Lisbon, Portugal) (represented by: N. Mimoso Ruiz, F. Ponce de Leão Paulouro and C. Farinhas, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and L. Flynn, Agents)

Intervener in support of the applicant: Portuguese Republic (represented by: L. Inez Fernandes, S. Rodrigues and A. Gattini, Agents)

Re:

ACTION for partial annulment of Commission Decision C(2007) 3772 of 31 July 2007 reducing the financial assistance granted by the European Regional Development Fund (ERDF) to the global grant for local development in Portugal by Commission Decision C(95) 1769 of the European Commission of 28 July 1995, and a claim for an order against the Commission to pay the final balance of the financial assistance under Article 238 EC.

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible.










2.


Orders the Caixa Geral de Depósitos, SA to bear its own costs and to pay those of the European Commission.










3.


Orders the Republic of Portugal to bear its own costs.






(1)  OJ C 8, 12.1.2008
Case C-111/11 P: Appeal brought on 3 March 2011 by Ignacio Ruipérez Aguirre and ATC Petition against the judgment of the General Court (Fourth Chamber) delivered on 20 January 2011 in Case T-487/10 Ignacio Ruipérez Aguirre and ATC Petition v European Commission
Date: 2011-03-03
Institutions: Court of Justice
Subjects: Spain, air traffic, complaint to the Commission, national law








C_2011319EN.01000902.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/9





Appeal brought on 3 March 2011 by Ignacio Ruipérez Aguirre and ATC Petition against the judgment of the General Court (Fourth Chamber) delivered on 20 January 2011 in Case T-487/10 Ignacio Ruipérez Aguirre and ATC Petition v European Commission
(Case C-111/11 P)
2011/C 319/15
Language of the case: Spanish

Parties


Appellants: Ignacio Ruipérez Aguirre and ATC Petition (represented by: M.J. Sánchez González, abogada)

Other party to the proceedings: European Commission
By order of 14 July 2011, the Court of Justice (Sixth Chamber) dismissed the appeal.
Prior notification of a concentration (Case COMP/M.6119 — Arla/Hansa)  Text with EEA relevance
Date: 2011-03-03
Institutions: European Commission
Subjects: dairy production, economic concentration, exchange of information, merger control, milk product








C_2011068EN.01000901.xml










3.3.2011   


EN


Official Journal of the European Union


C 68/9





Prior notification of a concentration
(Case COMP/M.6119 — Arla/Hansa)
(Text with EEA relevance)
2011/C 68/08






1.


On 25 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 undertaking Arla Foods amba (‘Arla’, Denmark) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Hansa-Milch Mecklenburg-Holstein eg (‘Hansa’, Germany) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for Arla: Arla is a dairy cooperative owned by Swedish and Danish dairy farmers and is active in the production and sale of a variety of dairy products on a world-wide basis,










—


for Hansa: Hansa is a cooperative owned by German dairy farmers and is active in the production and sale of dairy products, in particular fresh dairy products, longlife milk, butter and milk powder.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6119 — Arla/Hansa, 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’).
Case F-86/10: Order of the Civil Service Tribunal of 3 March 2011 — Dubus v Parliament
Date: 2011-03-03
Institutions: Civil Service Tribunal
Subjects: European Parliament, action by staff, civil servant, personnel administration, promotion








C_2011130EN.01002702.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/27





Order of the Civil Service Tribunal of 3 March 2011 — Dubus v Parliament
(Case F-86/10) (1)

2011/C 130/55
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.


(1)  OJ C 317, 20.11.10, p. 49.
Case C-508/09: Judgment of the Court (Eighth Chamber) of 3 March 2011 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Conservation of wild birds — Directive 79/409/EEC — Derogations from the system of protection for wild birds)
Date: 2011-03-03
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, bird, derogation from EU law, protection of animal life, wildlife








C_2011130EN.01000701.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/7





Judgment of the Court (Eighth Chamber) of 3 March 2011 — European Commission v Italian Republic
(Case C-508/09) (1)

(Failure of a Member State to fulfil obligations - Conservation of wild birds - Directive 79/409/EEC - Derogations from the system of protection for wild birds)
2011/C 130/11
Language of the case: Italian

Parties


Applicant: European Commission (represented by: D. Recchia and C. Zadra, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri and G. Fiengo, agents, S. Fiorentino, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) — Derogations — Region of Sardinia

Operative part of the judgment

The Court:






1.


Since the region of Sardinia has adopted and applies legislation, relating to the authorisation of derogations from the rules for the protection of wild birds, which does not comply with the conditions laid down in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the Italian Republic has failed to fulfil its obligations under Article 9 of that directive;










2.


The Italian Republic is ordered to pay the costs.






(1)  OJ C 24 of 30.01.2010
Case T-387/07: Judgment of the General Court of 3 March 2011 — Portugal v Commission (ERDF — Reduction of financial assistance — Global grant for local development in Portugal — Action for annulment — Expenditure actually incurred — Arbitration clause)
Date: 2011-03-03
Institutions: General Court
Subjects: European Commission, European Regional Development Fund, Portugal, action for annulment (EU), aid system








C_2011113EN.01001201.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/12





Judgment of the General Court of 3 March 2011 — Portugal v Commission
(Case T-387/07) (1)

(ERDF - Reduction of financial assistance - Global grant for local development in Portugal - Action for annulment - Expenditure actually incurred - Arbitration clause)
2011/C 113/22
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes, S. Rodrigues and A. Gattini, Agents)

Defendant: European Commission (represented by: P. Guerra e Andrade and L. Flynn, Agents)

Re:

Action for partial annulment of Commission Decision C(2007) 3772 of 31 July 2007 reducing the financial assistance granted by the European Regional Development Fund towards the global grant for local development in Portugal pursuant to Commission Decision C(95) 1769 of 28 July 1995.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders the Republic of Portugal to bear its own costs and to pay those of the European Commission.






(1)  OJ C 297, 8.12.2007.
Case C-50/09: Judgment of the Court (First Chamber) of 3 March 2011 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment — More than one competent authority — Need to ensure an assessment of the interaction between factors likely to be directly or indirectly affected — Application of the directive to demolition works)
Date: 2011-03-03
Institutions: Court of Justice
Subjects: Ireland, action for failure to fulfil an obligation, application of the law, data protection, environmental impact, environmental protection








C_2011130EN.01000301.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/3





Judgment of the Court (First Chamber) of 3 March 2011 — European Commission v Ireland
(Case C-50/09) (1)

(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment - More than one competent authority - Need to ensure an assessment of the interaction between factors likely to be directly or indirectly affected - Application of the directive to demolition works)
2011/C 130/04
Language of the case: English

Parties


Applicant: European Commission (represented by: P. Oliver, C. Clyne and J.-B. Laignelot, Agents)

Defendant: Ireland (represented by: D. O’Hagan, Agent, G. Simons SC, D. McGrath BL)

Re:

Failure of a Member State to fulfil obligations — Articles 2, 3 and 4 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40) — Obligation to describe and assess the direct and indirect effects of a project on the factors listed in Article 3 of the Directive

Operative part of the judgment

The Court:






1.


Declares that:






—


by failing to transpose Article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997 and by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003;










—


by failing to ensure that, where Irish planning authorities and the Environmental Protection Agency both have decision-making powers concerning a project, there will be complete fulfilment of the requirements of Articles 2 to 4 of Directive 85/337, as amended by Directive 2003/35; and










—


by excluding demolition works from the scope of its legislation transposing Directive 85/337, as amended by Directive 2003/35,




Ireland has failed to fulfil its obligations under that directive;










2.


Orders Ireland to pay the costs.






(1)  OJ C 82, 4.4.2009.
Case C-107/11: Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 3 March 2011 — Ministero dell’Interno, Questura di Caltanissetta v Massimiliano Rizzo
Date: 2011-03-03
Institutions: Court of Justice
Subjects: Italy, interpretation of the law, service concession








C_2011139EN.01001403.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/14





Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione Siciliana (Italy) lodged on 3 March 2011 — Ministero dell’Interno, Questura di Caltanissetta v Massimiliano Rizzo
(Case C-107/11)
2011/C 139/27
Language of the case: Italian

Referring court

Consiglio di Giustizia Amministrativa per la Regione Siciliana

Parties to the main proceedings


Applicants: Ministero dell’Interno, Questura di Caltanissetta

Defendant: Massimiliano Rizzo

Questions referred

Is the national legislation introduced initially by the Bersani Decree — namely, Decree-Law No 223 of 4 July 2006, converted into Law No 248 of 4 August 2006 — compatible with Articles 43 and 49 of the EC Treaty, and specifically as regards the national rules which, inter alia:






(a)


tend generally to protect holders of licences issued at an earlier period on the basis of a procedure under which some operators were unlawfully excluded;










(b)


ensure de facto the maintenance of commercial positions already acquired (by, for example, prohibiting new licensees from locating their kiosks at a distance from existing kiosks which falls short of the specified minimum);










(c)


make it possible for the licence to lapse in cases where the licensee engages, directly or indirectly, in cross-border gaming activities analogous to those covered by the licence?