do-me/EUR-LEX huggingface dataset:
Case C-315/11: Reference for a preliminary ruling from the Rechtbank Breda (Netherlands) lodged on 27 June 2011 — A. T. G. M. Van de Ven & M. A. H. T. Van de Ven-Janssen v Koninklijke Luchtvaart Maatschappij N.V.
Date: 2011-06-27
Institutions: Court of Justice
Subjects: Netherlands, indemnification, interpretation of the law








C_2011269EN.01002702.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/27





Reference for a preliminary ruling from the Rechtbank Breda (Netherlands) lodged on 27 June 2011 — A. T. G. M. Van de Ven & M. A. H. T. Van de Ven-Janssen v Koninklijke Luchtvaart Maatschappij N.V.
(Case C-315/11)
2011/C 269/51
Language of the case: Dutch

Referring court

Rechtbank Breda

Parties to the main proceedings

Applicants: 






 


A. T. G. M. Van de Ven










 


M. A. H. T. Van de Ven-Janssen




Defendant: Koninklijke Luchtvaart Maatschappij N.V.

Questions referred







1.


Is a right to compensation in case of delay, as described in Article 7 of Regulation No 261/2004, (1) consistent with the last sentence of Article 29 of the Montreal Convention, (2) given the fact that, according to the first sentence of Article 29 of the Montreal Convention, actions for damages founded in contract, in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in the Montreal Convention?










2.


If a right to compensation in case of delay, as described in Article 7 of Regulation No 261/2004, is not consistent with Article 29 of the Montreal Convention, are any limitations then imposed in respect of the moment when the ruling of the Court of Justice enters into effect as regards the present case and/or in general?






(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1)

(2)  See Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ 2001 L 194, p. 38)
Council Implementing Decision 2011/376/CFSP of 27 June 2011 implementing Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire
Date: 2011-06-27
Institutions: Council of the European Union
Subjects: Côte d'Ivoire, economic sanctions, international sanctions, legal person, trade restriction








L_2011168EN.01001101.xml










28.6.2011   


EN


Official Journal of the European Union


L 168/11








            COUNCIL IMPLEMENTING DECISION 2011/376/CFSP
of 27 June 2011
         
implementing Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d'Ivoire (1), and in particular Article 6(2) thereof, in conjunction with Article 31(2) of the Treaty on European Union,

Whereas:







(1)


On 29 October 2010, the Council adopted Decision 2010/656/CFSP.












(2)


In view of the developments in Côte d'Ivoire, the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/656/CFSP should be amended,





HAS ADOPTED THIS DECISION:



Article 1
The entities listed in the Annex to this Decision shall be deleted from the list set out in Annex II to Decision 2010/656/CFSP.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 27 June 2011.


For the Council


The President


               MARTONYI J.





(1)  
            OJ L 285, 30.10.2010, p. 28.




ANNEX

Entities referred to in Article 1







1.


APROCANCI (Côte d'Ivoire Association of Natural Rubber Producers)




2.


SOGEPE (National Electricity Management)




3.


RTI (Ivorian Radio and Television)
Council Implementing Regulation (EU) No 623/2011 of 27 June 2011 implementing Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire
Date: 2011-06-27
Institutions: Council of the European Union
Subjects: Côte d'Ivoire, economic sanctions, international sanctions, legal person, trade restriction








L_2011168EN.01000201.xml










28.6.2011   


EN


Official Journal of the European Union


L 168/2








            COUNCIL IMPLEMENTING REGULATION (EU) No 623/2011
of 27 June 2011
         
implementing Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (1), and in particular Article 11a(2) thereof,

Whereas:







(1)


On 12 April 2005, the Council adopted Regulation (EC) No 560/2005.












(2)


In view of the developments in Côte d'Ivoire, the list of persons and entities subject to restrictive measures set out in Annex IA to Regulation (EC) No 560/2005 should be amended.












(3)


In view of the urgency, and in order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately upon its publication,





HAS ADOPTED THIS REGULATION:



Article 1
The entities listed in the Annex to this Regulation shall be deleted from the list set out in Annex IA to Regulation (EC) No 560/2005.


Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 2011.


For the Council


The President


               MARTONYI J.





(1)  
            OJ L 95, 14.4.2005, p. 1.




ANNEX

Entities referred to in Article 1







1.


APROCANCI (Côte d'Ivoire Association of Natural Rubber Producers)




2.


SOGEPE (National Electricity Management)




3.


RTI (Ivorian Radio and Television)
Case T-125/10: Order of the General Court of 27 June 2011 — Amecke Fruchtsaft v OHIM — Uhse (69 Sex up) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2011-06-27
Institutions: General Court
Subjects: EU trade mark, cosmetic product, foodstuff, pharmaceutical product, telecommunications, trade-mark law








C_2011238EN.01001702.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/17





Order of the General Court of 27 June 2011 — Amecke Fruchtsaft v OHIM — Uhse (69 Sex up)
(Case T-125/10) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
2011/C 238/29
Language of the case: German

Parties


Applicant: Amecke Fruchtsaft GmbH & Co. KG (Menden, Germany) (represented by: R. Kaase and J.-C. Plate, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner and subsequently S. Schäffner and B. Schmidt, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Beate Uhse Einzelhandels GmbH (Flensburg, Germany) (represented by: W. Berlit, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2010 (Case R 612/2009-1) concerning opposition proceedings between Beate Uhse Einzelhandels GmbH and Amecke Fruchtsaft GmbH & Co. KG.

Operative part of the order







1.


There is no longer any need to adjudicate.










2.


The applicant shall pay the costs.






(1)  OJ C 148, 5.6.2010.
Case F-75/10: Order of the Civil Service Tribunal (Third Chamber) of 27 June 2011 — Scheefer v Parliament (Staff case — Temporary staff — Renewal of a fixed-term contract — No need to adjudicate)
Date: 2011-06-27
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action for annulment, indemnification, temporary employment, work contract








C_2011252EN.01005302.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/53





Order of the Civil Service Tribunal (Third Chamber) of 27 June 2011 — Scheefer v Parliament
(Case F-75/10) (1)

(Staff case - Temporary staff - Renewal of a fixed-term contract - No need to adjudicate)
2011/C 252/115
Language of the case: French

Parties


Applicant: Séverine Scheefer (Luxembourg, Luxembourg) (represented by: C. L’Hote-Tissier, R. Adam and P. Ketter, lawyers)

Defendant: European Parliament (represented by: R. Ignătescu and S. Alves, agents)

Re:

Application for annulment of the defendant’s decisions refusing to issue a reasoned decision in relation to the applicant’s legal status and in particular refusing to reclassify the applicant’s temporary staff contract as engagement for an indefinite period in accordance with the first paragraph of Article 8 of the CEOS and for compensation for damage suffered by the applicant.

Operative part of the order







1.


There is no longer any need to adjudicate on Case F-75/10 Scheefer v Parliament;










2.


The European Parliament shall bear its own costs and pay those of Ms Scheefer.






(1)  OJ 2010 C 301, p. 64
Case C-317/11: Reference for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg (Germany) lodged on 27 June 2011 — Rainer Reimann v Philipp Halter GmbH & Co. Sprengunternehmen KG
Date: 2011-06-27
Institutions: Court of Justice
Subjects: Germany, holiday, interpretation of the law








C_2011269EN.01002802.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/28





Reference for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg (Germany) lodged on 27 June 2011 — Rainer Reimann v Philipp Halter GmbH & Co. Sprengunternehmen KG
(Case C-317/11)
2011/C 269/53
Language of the case: German

Referring court

Landesarbeitsgericht Berlin-Brandenburg

Parties to the main proceedings


Applicant: Rainer Reimann

Defendant: Philipp Halter GmbH & Co. Sprengunternehmen KG

Questions referred







1.


Do Article 31 of the Charter of Fundamental Rights and Article 7(1) of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time (1) preclude a national rule such as the one in Paragraph 13(2) of the Bundesurlaubsgesetz (Federal law on leave), pursuant to which in certain trades the duration of the annual minimum leave of four weeks may be reduced by means of collective agreement?










2.


Do Article 31 of the Charter of Fundamental Rights and Article 7(1) of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time preclude a rule in a national collective agreement such as that in the Bundesrahmentarifvertrag Bau (Collective agreement laying down a general framework for the construction industry), pursuant to which a leave entitlement does not accrue in those years in which a certain total gross wage is not earned as a result of illness?










3.


If the first and second questions are answered in the affirmative:
Is a rule such as that in Paragraph 13(2) of the Bundesurlaubsgesetz inapplicable in those circumstances?










4.


If the first to third questions are answered in the affirmative:
Should legitimate expectations be protected with regard to the validity of the rule in Paragraph 13(2) of the Bundesurlaubsgesetz and the rules of the Bundesrahmentarifvertrag Bau, if periods prior to 1 December 2009, when the Treaty of Lisbon and the Charter of Fundamental Rights came into force, are affected? Should the parties to the Bundesrahmentarifvertrag Bau collective agreement be granted a period in which they may agree another rule themselves?






(1)  Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).
Case T-343/09: Order of the General Court of 27 June 2011 — Amecke Fruchtsaft v OHIM — Uhse (69 Sex up) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2011-06-27
Institutions: General Court
Subjects: EU trade mark, cultural event, non-alcoholic beverage, sporting event, trade-mark law








C_2011238EN.01001602.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/16





Order of the General Court of 27 June 2011 — Amecke Fruchtsaft v OHIM — Uhse (69 Sex up)
(Case T-343/09) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
2011/C 238/25
Language of the case: German

Parties


Applicant: Amecke Fruchtsaft GmbH & Co. KG (Menden, Germany) (represented by: R. Kaase and J.-C. Plate, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner and subsequently S. Schäffner and B. Schmidt, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Beate Uhse Einzelhandels GmbH (Flensburg, Germany) (represented by: W. Berlit, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 1728/2008-1) concerning opposition proceedings between Beate Uhse Einzelhandels GmbH and Amecke Fruchtsaft GmbH & Co. KG.

Operative part of the order







1.


There is no longer any need to adjudicate.










2.


The applicant shall pay the costs.






(1)  OJ C 267, 7.11.2009.
Case C-318/11: Reference for a preliminary ruling from the Förvaltningsrätten i Falun (Sweden) lodged on 27 June 2011 — Daimler AG v Skatteverket
Date: 2011-06-27
Institutions: Court of Justice
Subjects: Sweden, interpretation of the law, motor vehicle industry








C_2011269EN.01002901.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/29





Reference for a preliminary ruling from the Förvaltningsrätten i Falun (Sweden) lodged on 27 June 2011 — Daimler AG v Skatteverket
(Case C-318/11)
2011/C 269/54
Language of the case: Swedish

Referring court

Förvaltningsrätten i Falun

Parties to the main proceedings


Applicant: Daimler AG

Defendant: Skatteverket

Questions referred







1.


How is the expression ‘fixed establishment from which business transactions are effected’ to be interpreted in an assessment on the basis of the relevant provisions of European Union law? (1)











2.


Is a taxable person who has the seat of his economic activity in another Member State and whose activity principally consists of the manufacture and sale of cars, who has carried out winter testing of car models at installations in Sweden, to be regarded as having had a fixed establishment in Sweden from which business transactions have been effected where that person has acquired goods and services that were received and used at testing installations in Sweden without having his own staff permanently stationed in Sweden and where the testing activity is necessary to the performance of the person’s economic activity in another Member State?










3.


Does it affect the answer to question 2 if the taxable person has a wholly-owned Swedish subsidiary, the purpose of which is almost exclusively to supply the person with various services for that testing activity?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1), Eighth Council Directive 79/1072/EEC of 6 December 1979 on the harmonisation of the laws of the Member States relating to turnover taxes — Arrangements for the refund of value added tax to taxable persons not established in the territory of the country (OJ L 331, 27.12.1979, p. 11), Council Directive 2008/9/EC of 12 February 2008 laying down detailed rules for the refund of value added tax, provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State (OJ L 44, 20.2.2008, p. 23).
Case C-319/11: Reference for a preliminary ruling from the Förvaltningsrätten i Falun (Sweden) lodged on 27 June 2011 — Widex A/S v Skatteverket
Date: 2011-06-27
Institutions: Court of Justice
Subjects: Sweden, head office, interpretation of the law








C_2011269EN.01002902.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/29





Reference for a preliminary ruling from the Förvaltningsrätten i Falun (Sweden) lodged on 27 June 2011 — Widex A/S v Skatteverket
(Case C-319/11)
2011/C 269/55
Language of the case: Swedish

Referring court

Förvaltningsrätten i Falun

Parties to the main proceedings


Applicant: Widex A/S

Defendant: Skatteverket

Questions referred







1.


How is the expression ‘fixed establishment from which business transactions are effected’ to be interpreted in an assessment on the basis of the relevant provisions of European Union law? (1)











2.


Is a taxable person who has the seat of his economic activity in another Member State and whose activity consists inter alia of the manufacture and sale of hearing aids to be regarded, by virtue of carrying out research in audiology from a research division in Sweden, as having had a fixed establishment in Sweden from which business transactions have been effected where that person has acquired goods and services that were received and used at the research division in question in Sweden?






(1)  Articles 170 and 171 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1), Articles 1 and 2 of Eighth Council Directive 79/1072/EEC of 6 December 1979 on the harmonisation of the laws of the Member States relating to turnover taxes –Arrangements for the refund of value added tax to taxable persons not established in the territory of the country (OJ 1979 L 331, p. 11).
Commission Implementing Regulation (EU) No 624/2011 of 27 June 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-06-27
Institutions: European Commission
Subjects: agri-monetary policy, agricultural product, import price








L_2011168EN.01000301.xml










28.6.2011   


EN


Official Journal of the European Union


L 168/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 624/2011
of 27 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 Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

Implementing Regulation (EU) No 543/2011 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 XVI, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 28 June 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 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 157, 15.6.2011, 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 


AR 


23,1 




MK 


48,7 




TR 


63,9 




ZZ 


45,2 




0707 00 05 


TR 


96,5 




ZZ 


96,5 




0709 90 70 


TR 


108,8 




ZZ 


108,8 




0805 50 10 


AR 


61,7 




BR 


40,6 




TR 


68,3 




UY 


65,6 




ZA 


105,5 




ZZ 


68,3 




0808 10 80 


AR 


134,9 




BR 


75,8 




CA 


105,9 




CL 


88,5 




CN 


118,6 




NZ 


112,4 




US 


168,2 




UY 


91,7 




ZA 


100,2 




ZZ 


110,7 




0809 10 00 


AR 


89,7 




TR 


281,4 




ZZ 


185,6 




0809 20 95 


TR 


342,5 




ZZ 


342,5 




0809 30 


EC 


116,4 




TR 


179,1 




ZZ 


147,8 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.