do-me/EUR-LEX huggingface dataset:
Case T-465/08: Judgment of the General Court of 15 April 2011 — Czech Republic v Commission (PHARE — ‘Revolving funds’ obtained by the Czech Republic — Reimbursement of amounts paid — Commission decision to offset — Legal basis — Distinct legal orders — Concept of being certain and of a fixed amount — Obligation to state reasons)
Date: 2011-04-15
Institutions: General Court
Subjects: Community budget, European Commission, Structural Funds, action for failure to fulfil an obligation, claim, compensatory financing, debt, financial equalisation, regions of the Czech Republic








C_2011160EN.01001601.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/16





Judgment of the General Court of 15 April 2011 — Czech Republic v Commission
(Case T-465/08) (1)

(PHARE - ‘Revolving funds’ obtained by the Czech Republic - Reimbursement of amounts paid - Commission decision to offset - Legal basis - Distinct legal orders - Concept of being certain and of a fixed amount - Obligation to state reasons)
2011/C 160/19
Language of the case: Czech

Parties


Applicant: Czech Republic (represented by: M. Smolek, acting as Agent)

Defendant: European Commission (represented by: P. van Nuffel, F. Dintilhac and Z. Malůšková, acting as Agents)

Re:

Annulment of the decision of the Commission of 7 August 2008 on offsetting the amounts owed by the Czech Republic under the ‘revolving funds’ of the PHARE programme.

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders the Czech Republic to pay the costs.






(1)  OJ C 327, 20.12.2008.
Non-opposition to a notified concentration (Case COMP/M.6095 — Ericsson/Nortel Group (MSS & Global Services))  Text with EEA relevance
Date: 2011-04-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, telecommunications industry








C_2011117EN.01000902.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/9





Non-opposition to a notified concentration
(Case COMP/M.6095 — Ericsson/Nortel Group (MSS & Global Services))
(Text with EEA relevance)
2011/C 117/05
On 2 March 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6095. EUR-Lex is the on-line access to the European law.
Case C-219/09: Order of the President of the Court of 15 April 2011 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Vitra Patente AG v High Tech srl
Date: 2011-04-15
Institutions: Court of Justice
Subjects: Malta, copyright, designs and models, heritage protection, intellectual property, interpretation of the law, marketing, public property








C_2011211EN.01002001.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/20





Order of the President of the Court of 15 April 2011 (reference for a preliminary ruling from the Tribunale di Milano — Italy) — Vitra Patente AG v High Tech srl
(Case C-219/09) (1)

2011/C 211/38
Language of the case: Italian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 205, 29.8.2009.
Case F-47/11: Action brought on 15 April 2011 — ZZ v Commission
Date: 2011-04-15
Institutions: Civil Service Tribunal
Subjects: EPSO, access to EU information, candidate, competition (EU), examination, proof








C_2011252EN.01005601.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/56





Action brought on 15 April 2011 — ZZ v Commission
(Case F-47/11)
2011/C 252/123
Language of the case: German

Parties


Applicant: ZZ. (represented by W. Bode, lawyer)

Defendant: European Commission

Subject-matter and description of the dispute

Annulment of the decision to exclude the applicant from Competition EPSO AST/100/09 and request for access to information concerning the running of the competition.

Forms of order sought

The applicant claims that the Civil Service Tribunal should:






—


Order the defendant to supply the applicant with full information on the running of the competition and the various tests up to the present, including the procedure for assessing tests, including, but not limited to






—


granting access to all documents which the defendant holds concerning the participation of the applicant in that competition including documents concerning assessment of the tests taken by the applicant.










—


providing full information on how the mark (12 points) which the applicant obtained in practical test (a) was arrived at.










—


providing information on the running of the competition in general, including the number of candidates who participated in the written and oral tests; the number of candidates who passed practical test (a); the criteria established by the selection board for assessing, for example, answer keys, criteria for the awarding of points for certain parts of the various tests, or according to which criteria for assessment; the number of points obtained by other candidates in practical tests a) and b) and information as to the manner in which those points were awarded.














—


Annul the defendant’s decision of 28 September 2010 and confirmatory decision of 5 April 2011, thereby allowing the applicant to continue to participate in the competition, the first stage consisting in marking the applicant’s practical test (b).










—


Order the defendant to pay the applicant’s extra-legal costs arising as a result of the three administrative complaints and the present action.
Case C-613/10: Order of the Court (Seventh Chamber) of 15 April 2011 (reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy)) — Danilo Debiasi v Agenzia delle Entrate Ufficio di Parma (Reference for a preliminary ruling — Manifest inadmissibility)
Date: 2011-04-15
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, delivery, interpretation of the law, provision of services, tax exemption








C_2011232EN.01001102.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/11






Order of the Court (Seventh Chamber) of 15 April 2011 (reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy)) — Danilo Debiasi v Agenzia delle Entrate Ufficio di Parma
(Case C-613/10) (1)

(Reference for a preliminary ruling - Manifest inadmissibility)
(2011/C 232/19)
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Parma

Parties to the main proceedings


Applicant: Danilo Debiasi

Defendant: Agenzia delle Entrate Ufficio di Parma

Re:

Reference for a preliminary ruling — Commissione tributaria provinciale di Parma — Interpretation of Art. 13, section A, of Directive 77/388/EEC: Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p.1) — Deduction of input tax — Public or private health establishments engaged in an exempt activity — National legislation excluding the deduction of tax referring to the purchase of goods or services used in the said exempt activities

Operative part of the order

The reference for a preliminary ruling made by the Commissione tributaria provinciale di Parma (Italy) by decision of 7 July 2010 is manifestly inadmissible.


(1)  OJ C 80, 12.03.2011.
Case C-181/11 P: Appeal brought on 15 April 2011 by Compañía Española de Tabaco en Rama, S.A. (Cetarsa) against the judgment delivered on 3 February 2011 in Case T-33/05, Compañía Española de Tabaco en Rama, S.A. v European Commission
Date: 2011-04-15
Institutions: Court of Justice
Subjects: Spain, action for annulment, fine, tobacco, tobacco industry








C_2011186EN.01001401.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/14





Appeal brought on 15 April 2011 by Compañía Española de Tabaco en Rama, S.A. (Cetarsa) against the judgment delivered on 3 February 2011 in Case T-33/05, Compañía Española de Tabaco en Rama, S.A. v European Commission
(Case C-181/11 P)
2011/C 186/24
Language of the case: Spanish

Parties


Appellant: Compañía Española de Tabaco en Rama, S.A. (Cetarsa) (represented by: M. Araujo Boyd, J. Buendía Sierra and Á. Givaja Sanz, abogados)

Other party to the proceedings: European Commission

Form of order sought







—


Set aside the judgment under appeal,










—


annul Commission Decision C(2004) final of 20 October 2004, relating to a proceeding under Article 81(1) EC (Case COMP/C.38.238/B.2 — Raw Tobacco — Spain),










—


alternatively, reduce the amount of the fine imposed on it under Article 3 of the contested Decision, setting the new amount of the fine at EUR 1 000 or, alternatively, if the fine imposed should not be the same as for the producers, set the fine at EUR 2 905 200, obtained by applying the attenuating factor of 40 % to the maximum limit of 10 % of the turnover, irrespective of the subsequent reduction applicable to Cetarsa by virtue of its cooperation with the investigation as acknowledged by the General Court,










—


order the Commission to pay the costs.





Pleas in law and main arguments

The appellant claims that in the judgment under appeal the General Court erred in law in relation to the legal impact of the national legal framework on the legality of the conduct of Cetarsa.
The appellant also alleges that the General Court erred in law by distorting elements of the national legislation in force at the time of the infringement that led it, erroneously, to consider that the conduct of the processors was more harmful than that of the producers and that, by their actions, the processors went beyond what was allowed by the national legal framework.
Finally, the appellant claims that, unlike the case of the other companies involved, the reduction granted by virtue of the uncertainty caused by the national legislation has had no impact on the calculation of the fine imposed on Cetarsa.
Non-opposition to a notified concentration (Case COMP/M.6066 — Kia Motors Europe/Kia Motor SPA)  Text with EEA relevance
Date: 2011-04-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, motor vehicle industry








C_2011117EN.01001002.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/10





Non-opposition to a notified concentration
(Case COMP/M.6066 — Kia Motors Europe/Kia Motor SPA)
(Text with EEA relevance)
2011/C 117/07
On 8 April 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6066. EUR-Lex is the on-line access to the European law.
Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/239/CFSP apply
Date: 2011-04-15
Institutions: Council of the European Union
Subjects: administrative sanction, economic sanctions, international sanctions, natural person








C_2011117EN.01001101.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/11





Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/239/CFSP apply
2011/C 117/08
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons, entities and bodies that appear in Annex II to Council Decision 2011/239/CFSP (1).
Following a review of the list of persons, entities and bodies to which restrictive measures provided for in Council Common Position 2006/318/CFSP on restrictive measures against Burma/Myanmar apply, the Council of the European Union has determined that the persons, entities and bodies that appear in the above-mentioned Annex II fulfil the criteria set out in that Common Position and they should consequently remain subject to the restrictive measures as renewed by Council Decision 2011/239/CFSP. The restrictive measures are suspended until 30 April 2012 insofar as they apply to persons which appear in Annex IV to this Decision.
The attention of the persons, entities and bodies 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 (EC) No 194/2008, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 13 of the Regulation).
The persons, entities and bodies 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. Any such request should be sent to the following address:





Council of the European Union




General Secretariat




TEFS Coordination




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons, entities and bodies 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, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 101, 15.4.2011, p. 27.
Information communicated by Member States regarding closure of fisheries
Date: 2011-04-15
Institutions: European Commission
Subjects: France, catch of fish, fishing controls, fishing regulations, sea fish








C_2011117EN.01002101.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/21





Information communicated by Member States regarding closure of fisheries
2011/C 117/14
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


29.1.2011




Duration


29.1.2011-31.12.2011




Member State


France




Stock or Group of stocks


SBR/678-




Species


Red seabream (Pagellus bogaraveo)




Zone


EU and international waters of VI, VII and VIII




Type(s) of fishing vessels


—




Reference number


112767




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5928 — Sea Invest/EDF/OTCM)  Text with EEA relevance
Date: 2011-04-15
Institutions: European Commission
Subjects: competition, competition law, competition policy, economic concentration, merger control








C_2011117EN.01000901.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/9





Non-opposition to a notified concentration
(Case COMP/M.5928 — Sea Invest/EDF/OTCM)
(Text with EEA relevance)
2011/C 117/04
On 8 April 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M5928. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2011-04-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2011117EN.01001201.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/12





Euro exchange rates (1)

14 April 2011
2011/C 117/09

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4401




JPY


Japanese yen


119,85




DKK


Danish krone


7,4586




GBP


Pound sterling


0,88250




SEK


Swedish krona


9,0293




CHF


Swiss franc


1,2879




ISK


Iceland króna


 




NOK


Norwegian krone


7,8580




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,269




HUF


Hungarian forint


267,48




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


3,9526




RON


Romanian leu


4,1038




TRY


Turkish lira


2,1947




AUD


Australian dollar


1,3717




CAD


Canadian dollar


1,3906




HKD


Hong Kong dollar


11,1999




NZD


New Zealand dollar


1,8238




SGD


Singapore dollar


1,8000




KRW


South Korean won


1 569,26




ZAR


South African rand


9,8789




CNY


Chinese yuan renminbi


9,4075




HRK


Croatian kuna


7,3628




IDR


Indonesian rupiah


12 513,34




MYR


Malaysian ringgit


4,3577




PHP


Philippine peso


62,410




RUB


Russian rouble


40,7325




THB


Thai baht


43,461




BRL


Brazilian real


2,2913




MXN


Mexican peso


16,9932




INR


Indian rupee


64,2930






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)  Text with EEA relevance
Date: 2011-04-15
Institutions: European Commission
Subjects: Spain, State aid, aid system, control of State aid, exchange of information, large business, small and medium-sized enterprises








C_2011118EN.01006201.xml










15.4.2011   


EN


Official Journal of the European Union


C 118/62





Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)
(Text with EEA relevance)
2011/C 118/05







Reference number of the State Aid


X 251/10




Member State


Spain




Member State reference number


—




Name of the Region (NUTS)


ASTURIAS
Article 107(3)(a)




Granting authority







Instituto de Desarrollo Económico del Principado de Asturias (IDEPA)




Parque Tecnológico de Asturias




33428 Llanera, Asturias, España




www.idepa.es








Title of the aid measure


Concesión de subvenciones dirigidas a empresas del Principado de Asturias, en el marco de la Iniciativa Europea Manunet




National legal basis (Reference to the relevant national official publication)


Resolución de 8 de abril de 2010, de la Consejería de Industria y Empleo, por la que se aprueban las bases reguladoras para la concesión de subvenciones dirigidas a empresas del Principado de Asturias, en el marco de la iniciativa europea Manunet (Red Eranet)




Type of measure


Scheme




Amendment of an existing aid measure


—




Duration


17.4.2010—31.12.2013




Economic sector(s) concerned


All economic sectors eligible to receive aid




Type of beneficiary


SME,large enterprise




Annual overall amount of the budget planned under the scheme


EUR 0,30 (in millions)




For guarantees


—




Aid Instrument (Article 5)


Direct grant




Reference to the Commission Decision


—




If co-financed by Community funds


—




Objectives


Maximum aid intensity in % or Maximum aid amount in national currency


SME-bonuses in %




Industrial research (Art. 31(2)(b))


65 %


15 %




Experimental development (Art. 31(2)(c))


40 %


20 %




Web link to the full text of the aid measure:
http://www.asturias.es/bopa/2010/04/16/2010-08311.pdf
Non-opposition to a notified concentration (Case COMP/M.6133 — FSI/STMicroelectronics)  Text with EEA relevance
Date: 2011-04-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control








C_2011117EN.01001001.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/10





Non-opposition to a notified concentration
(Case COMP/M.6133 — FSI/STMicroelectronics)
(Text with EEA relevance)
2011/C 117/06
On 25 March 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6133. EUR-Lex is the on-line access to the European law.
Information communicated by Member States regarding closure of fisheries
Date: 2011-04-15
Institutions: European Commission
Subjects: Portugal, catch of fish, fishing controls, fishing regulations, sea fish








C_2011117EN.01002001.xml










15.4.2011   


EN


Official Journal of the European Union


C 117/20





Information communicated by Member States regarding closure of fisheries
2011/C 117/13
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


7.3.2011




Duration


7.3.2011-31.12.2011




Member State


Portugal




Stock or Group of stocks


DWS/56789-




Species


Deep-sea sharks




Zone


EU and international waters of V, VI, VII, VIII and IX




Type(s) of fishing vessels


—




Reference number


248339




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.