do-me/EUR-LEX huggingface dataset:
Case C-119/09: Judgment of the Court (Grand Chamber) of 5 April 2011 (reference for a preliminary ruling from the Conseil d’État — France) — Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique (Freedom to provide services — Directive 2006/123/EC — Article 24 — Prohibition of total prohibitions on commercial communications by the regulated professions — Profession of qualified accountant — Prohibition on canvassing)
Date: 2011-04-05
Institutions: Court of Justice
Subjects: civil service, door-to-door selling, drawing up of the budget, interpretation of the law, marketing, restriction on competition, trust company








C_2011152EN.01000401.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/4





Judgment of the Court (Grand Chamber) of 5 April 2011 (reference for a preliminary ruling from the Conseil d’État — France) — Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique
(Case C-119/09) (1)

(Freedom to provide services - Directive 2006/123/EC - Article 24 - Prohibition of total prohibitions on commercial communications by the regulated professions - Profession of qualified accountant - Prohibition on canvassing)
2011/C 152/05
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Société fiduciaire nationale d’expertise comptable

Defendant: Ministre du Budget, des Comptes publics et de la Fonction publique

Re:

Reference for a preliminary ruling — Conseil d'État (France) — Interpretation of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36) and, specifically, Article 24 thereof relating to commercial communications by the regulated professions — Commercial practice of canvassing — Proscription, in respect of the regulated professions covered by the directive, of any general prohibition, whatever the form of commercial practice concerned, or the option for the Member States to maintain general prohibitions in respect of certain commercial practices, such as canvassing

Operative part of the judgment

Article 24(1) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as precluding national legislation which totally prohibits the members of a regulated profession, such as the profession of qualified accountant, from engaging in canvassing.


(1)  OJ C 141, 20.6.2009.
Case C-164/11: Action brought on 5 April 2011 — European Commission v French Republic
Date: 2011-04-05
Institutions: Court of Justice
Subjects: France, electrical energy, excise duty, fraud, tax system








C_2011186EN.01001301.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/13





Action brought on 5 April 2011 — European Commission v French Republic
(Case C-164/11)
2011/C 186/22
Language of the case: French

Parties


Applicant: European Commission (represented by: W. Mölls, acting as Agent)

Defendant: French Republic

Form of order sought







—


declare that, by failing to take the necessary measures to adapt its electricity taxation system to the provisions provided for by Directive 2003/96/EC (1), despite the expiry of the transitional period provided for in the second subparagraph of Article 18(10) of that directive, the French Republic has failed to fulfil its obligations under that directive;










—


order the French Republic to pay the costs.





Pleas in law and main arguments

By its application, the Commission submits that, despite the expiry of the transitional period granted to the defendant, namely on 1 January 2009, it has still not adapted all the elements of its electricity taxation system to the provisions of the directive. According to the French authorities, Law No 2010-1488 of 7 December 2010, which was adopted and entered into force after the expiry of the period laid down in the reasoned opinion, transposes the provisions of that directive into domestic law. According to the Commission, the present action must be upheld by reference to the situation under national law which was applicable at the time when the period laid down in the reasoned opinion expired.
The Commission submits that, in any event, France has still not adapted all the elements of its electricity taxation system to comply with the provisions of the directive. The applicant therefore rejects the argument of the national authorities that the directive does not prohibit adjustments to the increase in excise duties according to the geographical areas concerned. On the contrary, the directive sets out the principle of a single tax for all electricity consumption which takes place in the same Member State and exhaustively lists the derogations to that principle in Articles 5, 14, 15 and 17.
Furthermore, the Commission rejects the argument defended by the French authorities that the ‘differentiation in tariffs applied’ does not lead to any risk of evasion, does not imply any additional burden for operators and does not constitute a barrier to the entry on the market of foreign providers.


(1)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51).
Euro exchange rates
Date: 2011-04-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2011105EN.01000601.xml










5.4.2011   


EN


Official Journal of the European Union


C 105/6





Euro exchange rates (1)

4 April 2011
2011/C 105/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4240




JPY


Japanese yen


119,56




DKK


Danish krone


7,4567




GBP


Pound sterling


0,88095




SEK


Swedish krona


8,9880




CHF


Swiss franc


1,3130




ISK


Iceland króna


 




NOK


Norwegian krone


7,8205




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,466




HUF


Hungarian forint


265,40




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


4,0325




RON


Romanian leu


4,1308




TRY


Turkish lira


2,1848




AUD


Australian dollar


1,3722




CAD


Canadian dollar


1,3719




HKD


Hong Kong dollar


11,0742




NZD


New Zealand dollar


1,8524




SGD


Singapore dollar


1,7945




KRW


South Korean won


1 549,81




ZAR


South African rand


9,5451




CNY


Chinese yuan renminbi


9,3094




HRK


Croatian kuna


7,3723




IDR


Indonesian rupiah


12 343,23




MYR


Malaysian ringgit


4,3083




PHP


Philippine peso


61,723




RUB


Russian rouble


40,2445




THB


Thai baht


43,033




BRL


Brazilian real


2,2995




MXN


Mexican peso


16,8495




INR


Indian rupee


63,4930






(1)  Source: reference exchange rate published by the ECB.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2011-04-05
Institutions: European Commission
Subjects: Poland, State aid, control of State aid, motor vehicle








C_2011105EN.01000101.xml










5.4.2011   


EN


Official Journal of the European Union


C 105/1





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2011/C 105/01






Date of adoption of the decision


8.9.2009




Reference number of State Aid


N 633/08




Member State


Poland




Region


Śląskie




Title (and/or name of the beneficiary)


Regionalna pomoc ad hoc dla Ford Werke GmbH




Legal basis


Projekt uchwały Rady Ministrów w w sprawie ustanowienia programu wieloletniego pod nazwą Wsparcie finansowe inwestycji realizowanej przez Ford Werke GmbH w Tychach, pod nazwą: Uruchomienie produkcji nowego samochodu ford ka, w latach 2009–2010 – Projekt umowy ramowej o udzielenie dotacji celowej pomiędzy Ministrem Gospodarki a Ford Werke GmbH – Artykuł 117 ustawy z dnia 30 czerwca 2005 r. o finansach publicznych (Dz. U. z 2005 r., nr 249 poz. 2104 ze zm.)




Type of measure


Individual aid




Objective


Regional development, Employment




Form of aid


Direct grant




Budget


Overall budget: PLN 16,7 million




Intensity


5,3 %




Duration (period)


Until 2011




Economic sectors


Motor vehicles




Name and address of the granting authority







Minister Gospodarki




ul. Plac Trzech Krzyży 3/5




00-507 Warszawa




POLSKA/POLAND








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-36/11: Action brought on 5 April 2011 — ZZ v Commission
Date: 2011-04-05
Institutions: Civil Service Tribunal
Subjects: Albania, civil servant, unemployment insurance, work contract








C_2011179EN.01002201.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/22





Action brought on 5 April 2011 — ZZ v Commission
(Case F-36/11)
2011/C 179/37
Language of the case: French

Parties


Applicant: ZZ (Etterbeck, Belgium) (represented by: T. Bontinck and S. Woog, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

First, annulment of the decision not to extend the applicant’s contract beyond its expiry date and, consequently, reinstatement of the applicant in his duties as from 1 November 2010. Second, an order that the Commission pay to the applicant a sum of EUR 10 000 in compensation for non-material damage suffered and to bear the financial costs incurred in the pre litigation procedure.

Form of order sought







—


Annul the decision contained in the note of 30 August 2010 informing the applicant that his contract would not be extended beyond its expiry date;










—


consequently, reinstate the applicant in his duties in the delegation to Albania as from 1 November 2010 and order the defendant to pay his remuneration retrospectively. Failing such reinstatement, order the defendant to pay unemployment allowances until the applicant is again in employment;










—


withdraw the contested decision and any document linked to this procedure from the applicant’s personal file;










—


order the Commission to pay to the applicant the sum of EUR 10 000 in compensation for the non-material damage suffered, subject to increase in the course of proceedings, and to bear the financial costs incurred in the pre-litigation procedure;










—


order the Commission to pay the costs.
Case F-42/11: Action brought on 9 April 2011 — Honnefelder v European Commission
Date: 2011-04-05
Institutions: Civil Service Tribunal
Subjects: European Commission, recruitment, servant (EU)








C_2011186EN.01003402.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/34





Action brought on 9 April 2011 — Honnefelder v European Commission
(Case F-42/11)
2011/C 186/64
Language of the case: German

Parties


Applicant(s): Stephanie Honnefelder (Brussels, Belgium) (represented by: C. Bode, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annul the decision of the Commission not to include the applicant in the reserve list for selection procedure EPSO/AD/26/05

Form of order sought







—


Annul the decision of the defendant of 11 February 2011;










—


Order the European Commission to pay the costs;










—


As an interim measure, judgment in default.
Case T-209/11: Action brought on 5 April 2011 — MB System v Commission
Date: 2011-04-05
Institutions: General Court
Subjects: State aid, aid for restructuring, company in difficulties








C_2011186EN.01002802.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/28





Action brought on 5 April 2011 — MB System v Commission
(Case T-209/11)
2011/C 186/53
Language of the case: German

Parties


Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Decision K(2010) 8289 final of 14 December 2010 on State aid No C 38/2005 (ex NN 52/2004) granted by Germany to the Biria Group;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.






1.


First plea in law: wrong assessment of the facts through the classification of the undertaking as an undertaking in difficulty;










2.


Second plea in law: failure to apply the 1999 Guidelines for State aid for rescue and restructuring in the classification of the undertaking as an undertaking in difficulty and examination of the value of the ‘binding comfort letter’;










3.


Third plea in law: insufficient grounds for diverging from the 1999 Guidelines for State aid for rescue and restructuring in the classification as an undertaking in difficulty and examination of the value of the ‘binding comfort letter’;










4.


Fourth plea in law: error of assessment in the calculation of the amount of State aid to be recovered as a result of failure to assess the ‘binding comfort letter’ in the calculation of the amount of State aid to be recovered.
Communication
Date: 2011-04-05
Institutions: European Commission
Subjects: Czechia, exchange of information, gas field, oilfield








C_2011105EN.01000701.xml










5.4.2011   


EN


Official Journal of the European Union


C 105/7





Communication
2011/C 105/04
In accordance with Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994, the Ministry of the Environment of the Czech Republic hereby submits for publication in the Official Journal of the European Union an application from the contracting entity Basgas Energia Czech s.r.o. for the establishment of an exploration area for the prospection of oil and natural gas deposits.
The Ministry of the Environment of the Czech Republic has received an application from contracting entity Basgas Energia Czech s.r.o. for the establishment of the ‘Berounka’ exploration area for the prospection of oil and natural gas deposits. This application was submitted in accordance with Act No 62/1988 on geological works, as amended. The application concerns an area of irregular polygonal shape, measuring 92,62 km2, in central Bohemia. The area is demarcated by a line drawn approximately between the following settlements: Zbuzany, Beroun, Měňany, Srbsko, Karlštejn, Kosoř and Ořech.
The contracting entity is applying for a five-year authorisation to explore the area, starting from the date of entry into force of the relevant decision.
Competing applications for the establishment of an exploration area for the prospection of oil and natural gas deposits in the above mentioned area may be submitted, within 90 days of the publication of this notice in the Official Journal of the European Union, to the Ministry of the Environment of the Czech Republic, Department for Protection of the Geological and Soil Environment. Contact address: Vršovická 65, 100 10 Praha 10, Czech Republic.
Case C-166/11: Reference for a preliminary ruling from the Audiencia Provincial de Oviedo (Spain) lodged on 5 April 2011 — Angel Lorenzo González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros S.A.E
Date: 2011-04-05
Institutions: Court of Justice
Subjects: Spain, consumer information, contract, life assurance








C_2011173EN.01000702.xml










11.6.2011   


EN


Official Journal of the European Union


C 173/7





Reference for a preliminary ruling from the Audiencia Provincial de Oviedo (Spain) lodged on 5 April 2011 — Angel Lorenzo González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros S.A.E
(Case C-166/11)
2011/C 173/14
Language of the case: Spanish

Referring court

Audiencia Provincial de Oviedo

Parties to the main proceedings


Applicant: Angel Lorenzo González Alonso

Defendant: Nationale Nederlanden Vida Cia De Seguros y Reaseguros S.A.E.

Question referred

Must Article 3(2)(d) of Council Directive 85/577/EEC (1) of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises be interpreted restrictively so as not to cover a contract, concluded away from business premises, under which life assurance is offered in return for payment of a monthly premium to be invested, in varying proportions, in fixed-rate investments, variable-rate investments and financial investment products of the company itself?


(1)  OJ 1985 L 372, p. 31.
Case F-40/11: Action brought on 5 April 2011 — ZZ v Commission
Date: 2011-04-05
Institutions: Civil Service Tribunal
Subjects: European official, disability insurance, health expenditure, social security








C_2011186EN.01003401.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/34





Action brought on 5 April 2011 — ZZ v Commission
(Case F-40/11)
2011/C 186/63
Language of the case: Italian

Parties


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

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision setting out the benefits to which the applicant is entitled as a result of his permanent partial invalidity.

Form of order sought







—



Quatenus opus est, annul — in so far as it provided that the applicant was to be paid, as indeed he was paid, the sum of EUR 10 682,29 — the draft decision of 2 June 2010 of the Commission concerning the guarantees afforded to the applicant under Article 73 of the Staff Regulations in relation to an accident which he sustained on 17 June 2005;










—


annul — in so far as it provided that the applicant was to be paid, as indeed he was paid, the sum of EUR 10 682,29 — the decision into which the draft decision of 2 June 2010 was converted upon expiry of the period laid down by law for the notification of the draft decision to the applicant without the applicant having had the opportunity to consult the Medical Committee;










—


in so far as necessary, annul the measure rejecting the complaint of 26 August 2010;










—


order the European Commission to pay without delay to the applicant the difference between what should have been awarded to him under Article 73 of the Staff Regulations in relation to the accident in question, and the sum of EUR 10 682,29 already awarded to him, together with interest on that difference at the rate of 10 % per year, with annual capitalisation, starting from 24 August 2010;










—


order the Commission to pay the costs.
Case F-37/11: Action brought on 5 April 2011 — ZZ v Commission
Date: 2011-04-05
Institutions: Civil Service Tribunal
Subjects: action for annulment (EU), appointment of staff, civil servant, competition (EU)








C_2011173EN.01001603.xml










11.6.2011   


EN


Official Journal of the European Union


C 173/16





Action brought on 5 April 2011 — ZZ v Commission
(Case F-37/11)
2011/C 173/36
Language of the case: French

Parties


Applicant: ZZ (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to exclude the applicant from the open competition EPSO AD/177/10.

Form of order sought







—


Annul the appointing authority’s decision of 13 July 2010 to exclude the applicant from the open competition EPSO AD/177/10;










—


annul the appointing authority’s decision of 5 January 2011 dismissing the applicant’s complaint;










—


order the Commission to pay the costs;










—


in the alternative, rule that the applicant should not be ordered to pay the Commission’s costs.
Prior notification of a concentration (Case COMP/M.6178 — Arkema/Total's resin division)  Text with EEA relevance
Date: 2011-04-05
Institutions: European Commission
Subjects: chemical product, economic concentration, exchange of information, international market, merger control, resin








C_2011105EN.01000801.xml










5.4.2011   


EN


Official Journal of the European Union


C 105/8





Prior notification of a concentration
(Case COMP/M.6178 — Arkema/Total's resin division)
(Text with EEA relevance)
2011/C 105/05






1.


On 25 March 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 Arkema SA (‘Arkema’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the Photocures and Coating businesses and certain related activities (‘Total's resin division’) of Total SA (‘Total’, France) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for Arkema: production, distribution and sale of chemical products, including vinyl products, industrial chemicals and performance products,










—


for Total's resin division: production, distribution and sale of resins principally in Europe, the United States and Asia.














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.6178 — Arkema/Total's resin division, 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-38/11: Action brought on 5 April 2011 — ZZ v Parliament
Date: 2011-04-05
Institutions: Civil Service Tribunal
Subjects: Court of Justice of the European Union, European Parliament, civil servant, promotion








C_2011179EN.01002202.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/22





Action brought on 5 April 2011 — ZZ v Parliament
(Case F-38/11)
2011/C 179/38
Language of the case: French

Parties


Applicant: ZZ (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision not to promote in the 2009 promotion exercise the applicant, who was transferred on 1 September 2009 from the Court of Justice of the European Union to the European Parliament

Form of order sought







—


Annul the decision of the Parliament of 4 January 2011 to reject the applicant’s complaint against the decision not to promote him to grade AD7 in the 2009 promotion exercise;










—


As necessary, annul the decision of the Parliament not to promote him to grade AD7 in the 2009 promotion exercise;










—


order the European Parliament to pay the costs.