do-me/EUR-LEX huggingface dataset:
Case C-243/11: Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brussel (Belgium) lodged on 20 May 2011 — RVS Levensverzekeringen N.V. v Belgische Staat
Date: 2011-05-20
Institutions: Court of Justice
Subjects: Belgium, free movement of persons, life assurance, residence, tax exemption








C_2011252EN.01001301.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/13





Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brussel (Belgium) lodged on 20 May 2011 — RVS Levensverzekeringen N.V. v Belgische Staat
(Case C-243/11)
2011/C 252/25
Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Brussel

Parties to the main proceedings


Applicant: RVS Levensverzekeringen N.V.

Defendant: Belgische Staat

Questions referred







1.


Does Article 50 of Directive 2002/83/EC (1) of the European Parliament and of the Council of 5 November 2002 concerning life assurance, which in paragraph 1 provides that, without prejudice to any subsequent harmonisation, every assurance contract shall be subject exclusively to the indirect taxes and parafiscal charges on assurance premiums in the Member State of the commitment, and which in paragraph 3 provides that, pending future harmonisation, each Member State shall apply to those assurance undertakings which cover commitments situated within its territory its own national provisions for measures to ensure the collection of indirect taxes and parafiscal charges due under paragraph 1, preclude a national rule as laid down in Article 173 and Article 175(3) of the Wetboek van diverse rechten en taksen, which provides that insurance transactions (including life assurance policies) are subject to an annual tax, when the risk is situated in Belgium, in particular if the policy-holder has his/her habitual residence in Belgium, or, if the policy-holder is a legal person, if the establishment of that legal person, to which the contract relates, is situated in Belgium, without any account being taken of the place of residence of the policy holder at the time that the contract was concluded?










2.


Do the Community principles concerning the elimination, between the Member States of the Community, of obstacles to the freedom of movement of persons and the freedom to provide services arising out of Articles 49 and 56 of the Treaty on the Functioning of the European Union, preclude a national rule as laid down in Article 173 and Article 175(3) of the Wetboek van diverse rechten en taksen, which provides that insurance transactions (including life assurance policies) are subject to an annual tax, when the risk is situated in Belgium, in particular if the policy-holder has his/her habitual residence in Belgium, or, if the policy-holder is a legal person, if the establishment of that legal person, to which the contract relates, is situated in Belgium, without any account being taken of the place of residence of the policy-holder at the time that the contract was concluded?






(1)  OJ 2002 L 345, p. 1
Non-opposition to a notified concentration (Case COMP/M.5985 — ZMB CH/GWH)  Text with EEA relevance
Date: 2011-05-20
Institutions: European Commission
Subjects: economic concentration, energy production, exchange of information, gas industry, gas supply, merger control, natural gas, petrochemicals








C_2011149EN.01000101.xml










20.5.2011   


EN


Official Journal of the European Union


C 149/1





Non-opposition to a notified concentration
(Case COMP/M.5985 — ZMB CH/GWH)
(Text with EEA relevance)
2011/C 149/01
On 13 May 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 32011M5985. EUR-Lex is the on-line access to the European law.
Case C-437/10: Order of the President of the Court of 20 May 2011 (reference for a preliminary ruling from the Tribunal Judicial de Vieira do Minho — Portugal) — Manuel Afonso Esteves v Axa Seguros Portugal SA
Date: 2011-05-20
Institutions: Court of Justice
Subjects: civil liability, indemnification, interpretation of the law, transport accident








C_2011232EN.01002303.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/23






Order of the President of the Court of 20 May 2011 (reference for a preliminary ruling from the Tribunal Judicial de Vieira do Minho — Portugal) — Manuel Afonso Esteves v Axa Seguros Portugal SA
(Case C-437/10) (1)

(2011/C 232/38)
Language of the case: Portuguese
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 317, 20.11.2010.
Case T-261/11: Action brought on 20 May 2011 — European Goldfields v Commission
Date: 2011-05-20
Institutions: General Court
Subjects: European Commission, Greece, State aid, application of EU law, control of State aid








C_2011219EN.01001801.xml










23.7.2011   


EN


Official Journal of the European Union


C 219/18





Action brought on 20 May 2011 — European Goldfields v Commission
(Case T-261/11)
2011/C 219/28
Language of the case: English

Parties


Applicant: European Goldfields Ltd (Whitehorse, Canada) (represented by: K. Adamantopoulos, E. Petritsi, E. Trova and P. Skouris, lawyers)

Defendant: European Commission

Form of order sought







—


Annul European Commission’s Decision of 23 February 2011 in case C 48/2008 (ex NN 61/2008), regarding State aid which Greece has implemented in favour of Ellinikos Xryssos, in particular Articles 1 to 5 thereof; and










—


Order the defendant to bear the costs occasioned by the applicant in the course of the present proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission committed several manifest errors in establishing and assessing the underlying facts of the case that materially affected the Commission’s application and interpretation of the condition of the existence of an economic advantage to Ellinikos Xryssos, pursuant to Article 107(1) TFEU.










2.


Second plea in law, alleging that the Commission committed manifest errors in law in its application and interpretation of the State aid definition element relating to the existence of an economic advantage, pursuant to Article 107(1) TFEU, as the Commission erroneously applied, or misapplied, the relevant market economy investor principle.










3.


Third plea in law, alleging that the Commission committed several manifest errors in law in its application and interpretation of the condition of the existence of an economic advantage, pursuant to Article 107(1) TFEU, by establishing such an economic advantage by reference to the Commission’s own unfounded, selective and arbitrary arguments regarding the alleged value of the transferred assets.










4.


Fourth plea in law, alleging that the Commission committed manifest errors in law in the application and interpretation of the condition of the existence of an economic advantage, pursuant to Article 107 (1) TFEU, as it erroneously found that the alleged waiver of taxes in favour of Ellinikos Xryssos constituted an economic advantage.










5.


Fifth plea in law, alleging that the Commission infringed essential procedural requirements and misused its power, resulting in a breach of its obligation to carry out a diligent and impartial examination of the case.
Prior notification of a concentration (Case COMP/M.6227 — Caisse des Dépôts et Consignations/Predica/Scor/SCI BRP 1) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-05-20
Institutions: European Commission
Subjects: France, economic concentration, exchange of information, insurance company, merger control, public institution, real estate business, reinsurance








C_2011149EN.01002701.xml










20.5.2011   


EN


Official Journal of the European Union


C 149/27





Prior notification of a concentration
(Case COMP/M.6227 — Caisse des Dépôts et Consignations/Predica/Scor/SCI BRP 1)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 149/10






1.


On 12 May 2011, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Caisse des Dépôts et Consignations (‘CDC’, France), Predica (France) belonging to the Crédit Agricole group (France), and Société Commerciale de Réassurance (‘Scor’, France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking SCI BRP 1 (France) by creating a collective real estate investment undertaking which will buy the shares in SCI BRP 1.










2.


The business activities of the undertakings concerned are:






—


CDC: public company with a special legal status, public group serving the general interest and economic development of France: real estate, environment, investment and capital investment, services,










—


Predica: insurance services; belonging to Crédit Agricole, a French banking group,










—


Scor: reinsurance services,










—


SCI BRP 1: owner of a building complex known as ‘River Ouest’.














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.6227 — Caisse des Dépôts et Consignations/Predica/Scor/SCI BRP 1, 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’).
Non-opposition to a notified concentration (Case COMP/M.6193 — TNK Overseas LTD/PVN GAS/Conocophillips/NCS Pipeline)  Text with EEA relevance
Date: 2011-05-20
Institutions: European Commission
Subjects: economic concentration, exchange of information, gas, merger control, natural resources, oil industry, petroleum








C_2011149EN.01000201.xml










20.5.2011   


EN


Official Journal of the European Union


C 149/2





Non-opposition to a notified concentration
(Case COMP/M.6193 — TNK Overseas LTD/PVN GAS/Conocophillips/NCS Pipeline)
(Text with EEA relevance)
2011/C 149/03
On 11 May 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 32011M6193. EUR-Lex is the on-line access to the European law.
Case T-255/11: Action brought on 20 May 2011 — Fellah v Council
Date: 2011-05-20
Institutions: General Court
Subjects: Côte d'Ivoire, dictatorship, financing, international sanctions, natural person








C_2011211EN.01002802.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/28





Action brought on 20 May 2011 — Fellah v Council
(Case T-255/11)
2011/C 211/61
Language of the case: French

Parties


Applicant: Zakaria Fellah (New York, USA) (represented by: G. Collard, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


hold that, in relation to the applicant, Mr Zakaria Fellah, Council Regulation (EU) No 330/2011 of 6 April 2011 and Council Decision 2011/221/CFSP of 6 April 2011, published on 7 April 2011 in the Official Journal of the European Union, are factually unfounded;










—


in consequence:






—


annul Council Regulation (EU) No 330/2011 of 6 April 2011 and Council Decision 2011/221/CFSP of 6 April 2011;










—


in the alternative, order that the name of Mr Zakaria Fellah be removed from the lists annexed to the said regulation and the said decision.









Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of the duty to state reasons, inasmuch as the grounds for including the name of the applicant in the list of persons and bodies to which restrictive measures apply were sterotyped, without mention of any precise factual element allowing the relevance of the inclusion of that name to be assessed.










2.


Second plea in law, alleging manifest error of assessment, in so far as:






—


the applicant is accused of financing the administration of Mr L. Gbagbo, whereas, first, the applicant essentially carried out his functions with Mr L. Gbagbo at a time when the latter was recognised as legitimate head of state by the international community, and, second, the applicant did not have resources allowing him to finance the adminstration of Mr L. Gbagbo;










—


the contested measures appear to be devoid of purpose since 11 April 2011, Mr L. Gbagbo having been captured on that date.
Decision of the EEA Joint Committee No 53/2011 of 20 May 2011 amending Annex XIII (Transport) to the EEA Agreement
Date: 2011-05-20
Institutions: EEA Joint Committee
Subjects: European Economic Area, freight rate, rail transport, revision of an agreement, technical standard, trans-European network




L_2011196EN.01003401.xml










28.7.2011   


EN


Official Journal of the European Union


L 196/34








            DECISION OF THE EEA JOINT COMMITTEE
         
No 53/2011
of 20 May 2011
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 38/2011 of 1 April 2011 (1).












(2)


Commission Decision 2006/861/EC of 28 July 2006 concerning the technical specification of interoperability relating to the subsystem ‘rolling stock – freight wagons’ of the trans-European conventional rail system (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 37k (Commission Decision 2006/920/EC) of Annex XIII to the Agreement:






‘37l.



32006 D 0861: Commission Decision 2006/861/EC of 28 July 2006 concerning the technical specification of interoperability relating to the subsystem ‘rolling stock – freight wagons’ of the trans-European conventional rail system (OJ L 344, 8.12.2006, p. 1).’.






Article 2
The text of Decision 2006/861/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 21 May 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 20 May 2011.


For the EEA Joint Committee


The Acting President

Gianluca GRIPPA
            





(1)  
            OJ L 171, 30.6.2011, p. 39.

(2)  
            OJ L 344, 8.12.2006, p. 1.

(*1)  No constitutional requirements indicated.
Council Decision of 20 May 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2011-05-20
Institutions: Council of the European Union
Subjects: Cedefop, Spain, appointment of members








C_2011159EN.01001701.xml










28.5.2011   


EN


Official Journal of the European Union


C 159/17





COUNCIL DECISION
of 20 May 2011
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2011/C 159/06
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nomination submitted to the Council by the Commission in the category of Employers’ representatives,
Whereas:






(1)


By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.










(2)


A member’s seat on the Governing Board of the Centre in the category of Employers’ representatives has become vacant as a result of the resignation of Mr Juan MENÉNDEZ VALDÉS ÁLVAREZ,




HAS DECIDED AS FOLLOWS:
Sole Article
The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS:







SPAIN


Mr Juan Carlos TEJEDA HISADO
Confederación Española de Organizaciones Empresariales — CEOE





Done at Brussels, 20 May 2011.


For the Council


The President

CZENE A.




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 226, 19.9.2009, p. 2.
Decision of the EEA Joint Committee No 51/2011 of 20 May 2011 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2011-05-20
Institutions: EEA Joint Committee
Subjects: EC conformity marking, European Economic Area, free movement of goods, labelling, product quality, revision of an agreement




L_2011196EN.01003201.xml










28.7.2011   


EN


Official Journal of the European Union


L 196/32








            DECISION OF THE EEA JOINT COMMITTEE
         
No 51/2011
of 20 May 2011
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 45/2010 of 30 April 2010 (1).












(2)


Commission Regulation (EC) No 1020/2009 of 28 October 2009 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I, III, IV and V thereto to technical progress (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 1 (Regulation (EC) No 2003/2003 of the European Parliament and of the Council) of Chapter XIV of Annex II to the Agreement:






‘—



32009 R 1020: Commission Regulation (EC) No 1020/2009 of 28 October 2009 (OJ L 282, 29.10.2009, p. 7).’.






Article 2
The text of Regulation (EC) No 1020/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 21 May 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 20 May 2011.


For the EEA Joint Committee


The Acting President

Gianluca GRIPPA
            





(1)  
            OJ L 181, 15.7.2010, p. 13.

(2)  
            OJ L 282, 29.10.2009, p. 7.

(*1)  No constitutional requirements indicated.