do-me/EUR-LEX huggingface dataset:
No State aid within the meaning of Article 61 of the EEA Agreement
Date: 2011-06-09
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, social development








C_2011169EN.01001201.xml










9.6.2011   


EN


Official Journal of the European Union


C 169/12





No State aid within the meaning of Article 61 of the EEA Agreement
2011/C 169/07
The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:







Date of adoption of the decision


:


2 March 2011




Case number


:


68799




Decision number


:


56/2011/COL




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Guarantee scheme for the purchase of electric power on long-term contracts




Legal basis


:


Prop. 1 S (2009-2010) (Budget proposal from the Government to the Parliament for the fiscal year 2010) and subsequent decision from the Norwegian Parliament of 14 December 2009 in Innst. 8 S (2009-2010) — Prop. 125 S (2009-2010) (Revised budget proposal from the Government to the Parliament for the fiscal year 2010) and subsequent decision from the Norwegian Parliament of 11 June 2010 in Innst. 350 S (2009-2010)




Type of measure


:


Scheme




Objective


:


Sectoral development




Form of aid


:


Guarantee




Budget


:


—




Intensity


:


80 % maximum




Duration


:


—




Economic sectors


:


Electro-intensive industries




Name and address of the granting authority


:







Royal Ministry of Trade and Industry




Einar Gerhardsens plass 1




0030 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Opinion of the Governing Council of the European Central Bank of 9 June 2011 on a Council recommendation on the appointment of the President of the European Central Bank (CON/2011/48)
Date: 2011-06-09
Institutions: European Central Bank
Subjects: European Central Bank, appointment of staff, president of an institution








C_2011182EN.01000601.xml










23.6.2011   


EN


Official Journal of the European Union


C 182/6





OPINION OF THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK
of 9 June 2011
on a Council recommendation on the appointment of the President of the European Central Bank
(CON/2011/48)
2011/C 182/03

Introduction and legal basis

On 23 May 2011, the European Central Bank (ECB) received a request from the President of the European Council for an opinion on Council Recommendation of 17 May 2011 on the appointment of the President of the European Central Bank (1).
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 Mario Draghi as the President of the ECB for a term of office of eight years with effect from 1 November 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 Mario Draghi as the President of the ECB.





Done at Frankfurt am Main, 9 June 2011.


The President of the ECB

Jean-Claude TRICHET




(1)  Not yet published in the Official Journal.
Case C-285/10: Judgment of the Court (Eighth Chamber) of 9 June 2011 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — Campsa Estaciones de Servicio SA v Administración del Estado (Sixth VAT Directive — Articles 11A(1) and 27 — Taxable amount — Extension of the rules on application for private use to transactions between connected parties where prices are patently lower than open market prices)
Date: 2011-06-09
Institutions: Court of Justice
Subjects: Spain, VAT, basis of tax assessment, interpretation of the law, provision of services, tax exemption








C_2011226EN.01000701.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/7





Judgment of the Court (Eighth Chamber) of 9 June 2011 (reference for a preliminary ruling from the Tribunal Supremo (Spain)) — Campsa Estaciones de Servicio SA v Administración del Estado
(Case C-285/10) (1)

(Sixth VAT Directive - Articles 11A(1) and 27 - Taxable amount - Extension of the rules on application for private use to transactions between connected parties where prices are patently lower than open market prices)
2011/C 226/11
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Campsa Estaciones de Servicio SA

Defendant: Administración del Estado

Re:

Reference for a preliminary ruling — Tribunal Supremo — Interpretation of Articles 6, 11 and 27 of the Sixth Council Directive 77/388/EEC 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) — Extension of rules on application of goods and services for private use to transactions between connected parties where the price is patently lower than the open market value

Operative part of the judgment

Sixth Council Directive 77/388/EEC 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, must be interpreted as precluding a Member State from applying to transactions, such as those in the main proceedings, effected between connected parties having agreed a price which is patently lower than the open market price, a rule for determining the taxable amount other than the general rule laid down in Article 11A(1)(a) of that directive, by extending the scope of the rules for determining the taxable amount on the application of goods and services for private use by a taxable person, within the meaning of Articles 5(6) and 6(2) of that directive, when the procedure provided for in Article 27 of that directive to obtain authorisation for such derogation from that general rule has not been followed by that Member State.


(1)  OJ C 246, 11.9.2010.
Call for proposals 2011 — Civil protection Financial Instrument — Exercises
Date: 2011-06-09
Institutions: European Commission
Subjects: civil defence, financial aid, humanitarian aid








C_2011169EN.01001301.xml










9.6.2011   


EN


Official Journal of the European Union


C 169/13





Call for proposals 2011 — Civil protection Financial Instrument — Exercises
2011/C 169/08






1.


The European Commission, Directorate-General for Humanitarian Aid and Civil Protection, is launching a call for proposals with the aim of identifying proposals related to exercises which might be eligible for financial support in the framework of the Council Decision 2007/162/EC, Euratom (1) establishing a Civil Protection Financial Instrument adopted on 5 March 2007 and under the Council Decision 2007/779/EC, Euratom (2) establishing a Community Civil Protection Mechanism (recast) adopted on 8 November 2007. This financial support will take the form of grants.










2.


The fields concerned, the nature and content of the proposals and the financing conditions are set out in the relevant Grant Application Guide, which also contains detailed instructions on where and when to submit a proposal. The Grant Application Guide, as well as the relevant grant application forms can be downloaded from the Europa website at:
http://ec.europa.eu/echo/civil_protection/civil/prote/calls.htm










3.


Proposals must be sent to the Commission to the address indicated in the Grant Application Guide by 25 July 2011. Proposals must be submitted by post or private courier no later than 25 July 2011 (evidence shall be constituted by the date of dispatch, the postmark or the date of the deposit slip). They may also be delivered by hand to the specific address indicated in the Grant Application Guide, no later than 25 July 2011 at 17.00 (evidence shall be the acknowledgement of receipt dated and signed by the responsible official).
Proposals submitted by fax, electronic mail, incomplete applications, or applications sent in several parts will not be accepted.










4.


The procedure for the award of grants is scheduled as follows:






—


receipt, recording and acknowledgement of receipt by the Commission,










—


appraisal of the proposals by the Commission,










—


award decision and notification of the result to the applicants.




Beneficiaries will be selected on the basis of the criteria set out in the Grant Application Guide and within the limits of the available budget.
In the event of approval by the Commission, a grant agreement will be concluded between the Commission and the party submitting the proposal.
The procedure is strictly confidential.
Case T-533/10 R: Order of the President of the General Court of 9 June 2011 — DTS Distribuidora de Televisión Digital v Commission (Interim measures — State aid — Alteration of the funding scheme of the Spanish radio and television broadcasting organisation (RTVE) — Commission decision declaring the new funding scheme compatible with the internal market — Application for suspension of operation — No urgency)
Date: 2011-06-09
Institutions: General Court
Subjects: Spain, competition, public sector, sectoral aid








C_2011219EN.01001702.xml










23.7.2011   


EN


Official Journal of the European Union


C 219/17





Order of the President of the General Court of 9 June 2011 — DTS Distribuidora de Televisión Digital v Commission
(Case T-533/10 R)
(Interim measures - State aid - Alteration of the funding scheme of the Spanish radio and television broadcasting organisation (RTVE) - Commission decision declaring the new funding scheme compatible with the internal market - Application for suspension of operation - No urgency)
2011/C 219/26
Language of the case: Spanish

Parties


Applicant: DTS Distribuidora de Televisión Digital, SA (Madrid, Spain) (represented by: H. Brokelmann and M. Ganino, lawyers)

Defendant: European Commission (represented by: G. Valero Jordana and C. Urraca Caviedes, Agents)

Parties intervening in support of the defendant: Kingdom of Spain (represented by: J. Rodríguez Cárcamo, abogado del Estado) and Corporación de Radio y Televisión Española, SA (RTVE) (Madrid, Spain) (represented by A. Martínez Sánchez, A. Vázquez-Guillén Fernández de la Riva and J. Rodríguez Ordóñez, lawyers)

Re:

Application for suspension of the operation of Commission Decision 2011/1/EU of 20 July 2010 on the State aid scheme C 38/09 (ex NN 58/09) which Spain is planning to implement for RTVE (OJ 2011 L 1, p. 9)

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
No State aid within the meaning of Article 61 of the EEA Agreement
Date: 2011-06-09
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, environmental protection








C_2011169EN.01001001.xml










9.6.2011   


EN


Official Journal of the European Union


C 169/10





No State aid within the meaning of Article 61 of the EEA Agreement
2011/C 169/05
The EFTA Surveillance Authority raises no objections to the following State aid measure
Date of adoption of the decision: 
Case number: 68556
Decision number: 491/10/COL
EFTA State: Norway
Name of the beneficiary: Norsk Miljø Energi AS
Type of measure: Individual aid under the Energy Fund Scheme, subject to a detailed assessment under the EFTA Surveillance Authority’s Guidelines on State aid for environmental protection
Scheme: The Energy Fund scheme approved by the EFTA Surveillance Authority with Decision No 125/06/COL of 3 May 2006
Objective: Environmental protection
Form of aid: Grant
Aid amount: NOK 388 million
Economic sectors: Electricity production
Name and address of the granting authority: 





Enova SF




Professor Borchsgt. 2




7030 Trondheim




NORWAY




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case T-295/11: Action brought on 9 June 2011 — Duscholux Ibérica v OHIM — Duschprodukter i Skandinavien (duschy)
Date: 2011-06-09
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), plumbing equipment, trade-mark law








C_2011238EN.01002601.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/26





Action brought on 9 June 2011 — Duscholux Ibérica v OHIM — Duschprodukter i Skandinavien (duschy)
(Case T-295/11)
2011/C 238/45
Language in which the application was lodged: English

Parties


Applicant: Duscholux Ibérica, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Duschprodukter i Skandinavien AB (Hisings Backa, Sweden)

Form of order sought







—


Modify the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 March 2011 in case R 662/2010-1;










—


Subordinately, and only in the case the former claim would be rejected, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 March 2011 in case R 662/2010-1;










—


Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The international figurative mark ‘duschy’, for goods in classes 11 and 20 — Community trade mark application No W927073

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 2116820, of the figurative mark ‘DUSCHO Harmony’, for goods in classes 6, 11 and 19

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, related to the right to fair trial; infringement of Articles 75 and 76 of Council Regulation No 207/2009, because the Board of Appeal disregarded facts and evidences that were submitted in due time by the applicant; and, infringement of Article 8(1)(b) of Council Regulation No 207/2009, because the Board of Appeal wrongly found that there was no risk of confusion between the conflicting trademarks.
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
Date: 2011-06-09
Institutions: European Commission
Subjects: Spain, State aid, cattle, control of State aid, goat, milk








C_2011169EN.01000901.xml










9.6.2011   


EN


Official Journal of the European Union


C 169/9





Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
2011/C 169/04
Aid No: SA.33066 (11/XA)
Member State: Spain
Region: Comunidad Valenciana
Title of aid scheme or name of company receiving an individual aid: Prestación de servicios a los productores lácteos valencianos que sean PYMES, con objeto de fomentar la producción de leche de calidad
Legal basis: Resolución de 2011, de la Consellera de Agricultura, Pesca y Alimentación, por la que se concede una subvención nominativa al Laboratorio Interprofesional Lacteo de la Comunidad Valenciana
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,02 million
Maximum aid intensity: 100 %
Date of implementation: —
Duration of scheme or individual aid award: 28 May 2011-31 December 2011
Objective of aid: Production of quality agricultural products (Article 14 of Regulation (EC) No 1857/2006)
Sector(s) concerned: Raising of dairy cattle, Raising of sheep and goats
Name and address of the granting authority: 





Dir. Gral. Prod. Agraria




Conselleria Agricultura, Pesca y Alimentación




C/ Amadeo de Saboya, 2




46010 Valencia




ESPAÑA




Website: http://www.agricultura.gva.es/web/c/document_library/get_file?uuid=300e7982-c128-4d23-b6b2-a36f3e992245&groupId=16
Other information: —
Case C-52/10: Judgment of the Court (Third Chamber) of 9 June 2011 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Eleftheri tileorasi AE ‘ALTER CHANNEL’ , Konstantinos Giannikos v Ipourgos Tipou kai Meson Mazikis Enimerosis, Ethniko Simvoulio Radiotileorasis (Directive 89/552/EEC — Television broadcasting activities — Article 1(d) — ‘Surreptitious advertising’ — Intentional nature — Presentation of cosmetic dental treatment during a television broadcast)
Date: 2011-06-09
Institutions: Court of Justice
Subjects: Greece, advertising, audiovisual co-production, freedom to provide services, interpretation of the law, payment








C_2011226EN.01000502.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/5





Judgment of the Court (Third Chamber) of 9 June 2011 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Eleftheri tileorasi AE ‘ALTER CHANNEL’, Konstantinos Giannikos v Ipourgos Tipou kai Meson Mazikis Enimerosis, Ethniko Simvoulio Radiotileorasis
(Case C-52/10) (1)

(Directive 89/552/EEC - Television broadcasting activities - Article 1(d) - ‘Surreptitious advertising’ - Intentional nature - Presentation of cosmetic dental treatment during a television broadcast)
2011/C 226/08
Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings


Applicants: Eleftheri tileorasi AE ‘ALTER CHANNEL’, Konstantinos Giannikos

Defendants: Ipourgos Tipou kai Meson Mazikis Enimerosis, Ethniko Simvoulio Radiotileorasis

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Article 1(c) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23), as amended by Article 1(c) of Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 (OJ 1997 L 202, p. 60) — Television programme consisting in the presentation of cosmetic dental treatment — Concept of ‘surreptitious advertising’

Operative part of the judgment

Article 1(d) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997, is to be interpreted as meaning that the provision of payment or of consideration of another kind is not a necessary condition for establishing the element of intent in surreptitious advertising.


(1)  OJ C 100, 17.4.2010.
Commission Implementing Regulation (EU) No 558/2011 of 9 June 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-06-09
Institutions: European Commission
Subjects: agri-monetary policy, agricultural product, import price








L_2011151EN.01000301.xml










10.6.2011   


EN


Official Journal of the European Union


L 151/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 558/2011
of 9 June 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 10 June 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 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 


MA 


90,3 




TR 


107,0 




ZZ 


98,7 




0707 00 05 


TR 


100,7 




ZZ 


100,7 




0709 90 70 


TR 


124,0 




ZZ 


124,0 




0805 50 10 


AR 


75,5 




BR 


36,6 




TR 


63,4 




ZA 


176,3 




ZZ 


88,0 




0808 10 80 


AR 


79,2 




BR 


77,5 




CL 


85,5 




CN 


88,5 




NZ 


109,7 




US 


176,9 




UY 


50,2 




ZA 


89,5 




ZZ 


94,6 




0809 10 00 


TR 


135,3 




ZZ 


135,3 




0809 20 95 


TR 


392,6 




XS 


175,4 




ZZ 


284,0 






(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’.