do-me/EUR-LEX huggingface dataset:
Case C-119/11: Action brought on 4 March 2011 — European Commission v French Republic
Date: 2011-03-04
Institutions: Court of Justice
Subjects: France, VAT, basis of tax assessment, delivery, provision of services, tax exemption, tax relief








C_2011145EN.01001601.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/16





Action brought on 4 March 2011 — European Commission v French Republic
(Case C-119/11)
2011/C 145/22
Language of the case: French

Parties


Applicant: European Commission (represented by: F. Dintilhac and C. Soulay, agents)

Defendant: French Republic

Form of order sought







—


Declare that, by applying, since 1 January 2007, a VAT rate of 2,10 % to income from charges for admission to the first performances of concerts held in establishments where refreshments may be obtained during the performance, the French Republic has failed to fulfil its obligations under Articles 99 and 110 of the VAT Directive; (1)











—


order French Republic to pay the costs.





Pleas in law and main arguments

By the present action, the Commission complains that, since 1 January 2007, the defendant has applied a VAT rate of 2,10 % to income from charges for admission to the first performances of concerts held in establishments where refreshments may be obtained during the performance, instead of the earlier rate of 5,5 %.
The Commission points out that, under Article 110 of the VAT Directive, Member States which, at 1 January 1991, were applying reduced rates of VAT lower than the minimum rate of 5 % may continue to apply those rates. However, Member States are not permitted under that provision to introduce new derogations or extend the scope of the derogations existing as at 1 January 1991 where they have restricted the scope of the derogations after that date. However, that is exactly what occurred in this case, since, as from 1 January 1997, the defendant restricted the scope of the derogation existing as at 1 January 1991 in connection with reduced rates of VAT and expressly excluded from this income relating to first performances generated by the sale of tickets ‘which give access solely to concerts held in establishments where refreshments may be obtained during the performance’. By extending the scope of a derogation from the Directive, the French Republic has therefore disregarded the purpose of the Directive.


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case C-112/11: Reference for a preliminary ruling from the Oberlandesgericht Köln (Germany) lodged on 4 March 2011 — ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.
Date: 2011-03-04
Institutions: Court of Justice
Subjects: Germany, air freight rate, airline, prices








C_2011173EN.01000501.xml










11.6.2011   


EN


Official Journal of the European Union


C 173/5





Reference for a preliminary ruling from the Oberlandesgericht Köln (Germany) lodged on 4 March 2011 — ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.
(Case C-112/11)
2011/C 173/08
Language of the case: German

Referring court

Oberlandesgericht Köln

Parties to the main proceedings


Applicant: ebookers.com Deutschland GmbH

Defendant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.

Question referred

Does Article 23(1) of the Regulation, (1) according to which optional price supplements are to be communicated in a clear, transparent and unambiguous way at the start of any booking process and are to be accepted by the customer on an opt-in basis, also apply to costs connected with air travel arising from services provided by third parties (in this case, an insurer offering travel cancellation insurance) and which are charged to the air traveller by the company organising the air travel together with the air fare as part of a total price?


(1)  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, OJ 2008 L 293, p. 3.
Commission Implementing Regulation (EU) No 223/2011 of 4 March 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-03-04
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2011060EN.01001001.xml










5.3.2011   


EN


Official Journal of the European Union


L 60/10








            COMMISSION IMPLEMENTING REGULATION (EU) No 223/2011
of 4 March 2011
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 5 March 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 March 2011.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


IL 


122,2 




MA 


49,6 




TN 


92,7 




TR 


97,6 




ZZ 


90,5 




0707 00 05 


TR 


163,5 




ZZ 


163,5 




0709 90 70 


MA 


33,5 




TR 


132,7 




ZZ 


83,1 




0805 10 20 


EG 


55,5 




IL 


67,8 




MA 


56,2 




TN 


51,2 




TR 


66,0 




ZA 


37,9 




ZZ 


55,8 




0805 50 10 


EG 


36,5 




MA 


45,9 




TR 


55,6 




ZZ 


46,0 




0808 10 80 


CA 


126,3 




CL 


90,0 




CN 


104,6 




MK 


54,8 




US 


102,6 




ZZ 


95,7 




0808 20 50 


AR 


87,4 




CL 


85,9 




CN 


57,6 




US 


96,8 




ZA 


111,2 




ZZ 


87,8 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case C-110/11: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 4 March 2011 — Minister van Financiën, interested party: G. in ’t Veld
Date: 2011-03-04
Institutions: Court of Justice
Subjects: Netherlands, family benefit, preliminary issue, social legislation, worker (EU)








C_2011160EN.01001102.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/11





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 4 March 2011 — Minister van Financiën, interested party: G. in ’t Veld
(Case C-110/11)
2011/C 160/12
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: Minister van Financiën

Interested party: G. in ‘t Veld

Questions referred







1.


Are the designation rules in Title II of Regulation (EEC) No 1408/71 (1) applicable in a case such as the present, where an employed person with Netherlands nationality residing in Spain is employed as a seafarer by an employer established in the Netherlands, subject to Netherlands labour law, and carries out his work on board seagoing ships which navigate outside the territory of the Community under the flag of the Netherlands Antilles, with the result that the legislation of the Netherlands is designated as the legislation applicable, so that consequently Netherlands national insurance contributions may be levied, whereas judging solely on the basis of the national legislation of the Netherlands he is not affiliated to the Netherlands social security scheme as a result of the fact that he does not reside in the Netherlands?










2.


To what extent is it important in that regard that in the implementation of the Netherlands employed persons’ insurance scheme a policy is followed by virtue of which seafarers in a case such as the present are considered by the implementing body to be insured persons on the basis of Community law?










3.


To what extent is it important in that regard that the activities are carried out occasionally in the territorial sea of a Member State or in a port in the territory of a Member State?






(1)  Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ L 149, p. 2).
Euro exchange rates
Date: 2011-03-04
Institutions: European Commission
Subjects: euro, exchange rate








C_2011070EN.01000401.xml










4.3.2011   


EN


Official Journal of the European Union


C 70/4





Euro exchange rates (1)

3 March 2011
2011/C 70/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3850




JPY


Japanese yen


113,43




DKK


Danish krone


7,4564




GBP


Pound sterling


0,85130




SEK


Swedish krona


8,7576




CHF


Swiss franc


1,2844




ISK


Iceland króna


 




NOK


Norwegian krone


7,7145




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,208




HUF


Hungarian forint


270,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7045




PLN


Polish zloty


3,9826




RON


Romanian leu


4,2045




TRY


Turkish lira


2,2243




AUD


Australian dollar


1,3609




CAD


Canadian dollar


1,3469




HKD


Hong Kong dollar


10,7889




NZD


New Zealand dollar


1,8581




SGD


Singapore dollar


1,7578




KRW


South Korean won


1 553,71




ZAR


South African rand


9,5409




CNY


Chinese yuan renminbi


9,0995




HRK


Croatian kuna


7,4125




IDR


Indonesian rupiah


12 196,03




MYR


Malaysian ringgit


4,1979




PHP


Philippine peso


60,068




RUB


Russian rouble


39,0585




THB


Thai baht


42,256




BRL


Brazilian real


2,2985




MXN


Mexican peso


16,7066




INR


Indian rupee


62,3840






(1)  Source: reference exchange rate published by the ECB.
Call for proposals under the work programme of the ENIAC Joint Undertaking
Date: 2011-03-04
Institutions: European Commission
Subjects: EU programme, metrology, proposal (EU), research, technological change








C_2011070EN.01000501.xml










4.3.2011   


EN


Official Journal of the European Union


C 70/5





Call for proposals under the work programme of the ENIAC Joint Undertaking
2011/C 70/03
Notice is hereby given of the launch of a call for proposals under the work programme of the ENIAC Joint Undertaking.
Proposals are invited for the following call: ENIAC-2011-1.
Call documentation including deadline and budget is given in the call text, which is published on the following website:
http://www.eniac.eu/web/divers/important.php
Prior notification of a concentration (Case COMP/M.6133 — FSI/STMicroelectronics) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-03-04
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control








C_2011070EN.01001001.xml










4.3.2011   


EN


Official Journal of the European Union


C 70/10





Prior notification of a concentration
(Case COMP/M.6133 — FSI/STMicroelectronics)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 70/05






1.


On 28 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 Fonds Stratégique d’Investissement SA (‘FSI’, France), solely controlled by the Caisse des Dépôts et Consignations (‘CDC’, France), acquires within the meaning of Article 3(1)(b) of the Merger Regulation joint control of STMicroelectronics NV (‘STM’, Switzerland), currently jointly controlled by the Italian Treasury (Italy) and Areva SA (‘Areva’, France), by way of purchase of all the shares indirectly held in the company by Areva.










2.


The business activities of the undertakings concerned are:






—


for FSI: investment fund,










—


for STM: production of semi-conductor products,










—


for the Italian Treasury: management of government finances.














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.6133 — FSI/STMicroelectronics, 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’).