do-me/EUR-LEX huggingface dataset:
Case C-369/11: Action brought on 12 July 2011 — European Commission v Italian Republic
Date: 2011-07-12
Institutions: Court of Justice
Subjects: freedom to provide services, infringement of EU law, national implementing measure, rail transport








C_2011282EN.01001102.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/11





Action brought on 12 July 2011 — European Commission v Italian Republic
(Case C-369/11)
2011/C 282/21
Language of the case: Italian

Parties


Applicant: European Commission (represented by: E. Montaguti and H. Støvlbæk, acting as Agents)

Defendant: Italian Republic

Form of order sought







—


Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Article 6(3) and Annex II of Directive 91/440/EEC (1), as amended, and with Articles 4(2), 14(2), 4(1), 30(3) and 30(1) of Directive 2001/14/EC (2), the Italian Republic has failed to fulfil its obligations under those provisions.










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The Commission’s complaints concern the independence of the body carrying out essential functions in the matter of access to infrastructure and the imposition of dues for railway access and the powers and autonomy of the body regulating the railway sector.
The Commission argues that the regime governing the exercise by the infrastructure manager of essential functions concerning access to the infrastructure does not provide sufficient guarantees that that manager operates independently of the holding company of the group of which it forms part, which also includes the main railway undertaking on the market.
Moreover, given that it is for the Minister for Transport to determine dues for access to the network, whereas the infrastructure manager can only make a proposal on the matter and has only the operating duty of calculating the dues actually payable by a single railway undertaking, the latter is deprived of an essential management tool, in contrast with the requirement for independent management.
Finally, the necessary full independence of the body for regulating all railway undertakings has not yet been assured, since the staff of the regulatory body consists of officials of the Ministry of Transport and the latter continues to exercise a decisive influence on the holding company of the group which includes the main Italian railway undertaking, and thus also on the latter.


(1)  OJ 1991 L 237, p. 25.

(2)  OJ 2001 L 75, p. 29.
Case T-113/07: Judgment of the General Court of 12 July 2011 — Toshiba v Commission (Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing — Rights of the defence — Proof of the infringement — Single and continuous infringement — Fines — Gravity and duration of the infringement — Statement of reasons — Starting amount — Reference year)
Date: 2011-07-12
Institutions: General Court
Subjects: Japan, electrical equipment, restriction on competition, restrictive trade practice








C_2011252EN.01003002.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/30





Judgment of the General Court of 12 July 2011 — Toshiba v Commission
(Case T-113/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Single and continuous infringement - Fines - Gravity and duration of the infringement - Statement of reasons - Starting amount - Reference year)
2011/C 252/71
Language of the case: English

Parties


Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: initially J. MacLennan, Solicitor, A. Schulz and J. Borum, lawyers, and subsequently J. MacLennan and A. Schulz)

Defendant: European Commission (represented by: initially F. Arbault and J. Samnadda, then X. Lewis, and subsequently J. Bourke and F. Ronkes Agerbeek, and finally F. Ronkes Agerbeek and N. Khan, Agents)

Re:

APPLICATION, primarily, for the annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent to which it concerns the applicant and, in the alternative, for the amendment of Articles 1 and 2 of that decision so as to cancel or reduce the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Annuls Article 2(h) and (i) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) in so far as it concerns Toshiba Corp;










2.


Dismisses the action as to the remainder;










3.


Orders Toshiba to bear three quarters of the costs incurred by the parties before the General Court;










4.


Orders the European Commission to bear a quarter of the costs incurred by the parties before the General Court.






(1)  OJ C 140, 23.6.2007.
Case C-370/11: Action brought on 12 July 2011 — European Commission v Kingdom of Belgium
Date: 2011-07-12
Institutions: Court of Justice
Subjects: Belgium, free movement of capital, investment company, tax inspection








C_2011290EN.01000201.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/2





Action brought on 12 July 2011 — European Commission v Kingdom of Belgium
(Case C-370/11)
2011/C 290/02
Language of the case: French

Parties


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

Defendant: Kingdom of Belgium

Form of order sought







—


find that, by maintaining rules according to which the capital gains obtained on the buying back of shares of undertakings for collective investment which are not authorised in accordance with Directive 85/611/EEC (1) are not taxable, where those undertakings are established in Belgium, whereas the capital gains obtained on the buying back of shares of such undertakings established in Norway or Iceland are taxable, the Kingdom of Belgium has failed to fulfil its obligations under Articles 36 and 40 of the Agreement on the European Economic Area;










—


order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The Commission criticises the national provisions at issue in so far as they have the effect of deterring Belgian residents from investing in undertakings for collective investment established in Norway or Iceland, because capital gains obtained on the buying back of shares of those undertakings cannot benefit from the tax exemption applicable to capital gains obtained on the buying back of shares of undertakings for collective investment established in Belgium.
The Commission claims that such a difference of treatment restricts the free movement of capital guaranteed by Article 40 of the EEA Agreement. Similarly, it hinders the freedom to provide services which amounts to an infringement of Article 36 of the EEA Agreement.
In response to the objections raised by the Belgian authorities, the Commission states, first, that the distinction made by Belgian legislation within the category of undertakings for collective investment established in the European Union, that is, whether they are authorised or not in accordance with Directive 85/611/EEC, is not the subject of the present action. Second and third, the Commission rejects the arguments that the abovementioned measures are justified by reasons linked to the effectiveness of fiscal controls or the absence of measures for the exchange of information. In that context, the Commission notes that Belgium, Norway and Iceland have ratified the Convention on mutual administrative assistance in tax matters drafted under the auspices of the OECD and the Council of Europe and that the double taxation conventions concluded between Belgium, and Norway and Iceland respectively, provide for the exchange of information among those countries.


(1)  Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), OJ 1985 L 375, p. 3.
Council Decision of 12 July 2011 appointing a member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Hungary
Date: 2011-07-12
Institutions: Council of the European Union
Subjects: Eurofound, European social policy, Hungary, appointment of staff








C_2011208EN.01000301.xml










14.7.2011   


EN


Official Journal of the European Union


C 208/3





COUNCIL DECISION
of 12 July 2011
appointing a member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Hungary
2011/C 208/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employees’ and employers’ organisations,
Whereas:






(1)


By its Decisions of 22 November 2010 (2) and 7 March 2011 (3), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 1 December 2010 to 30 November 2013, with the exception of certain members and alternate members.










(2)


The Government of Hungary has submitted a nomination for one post to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following is hereby appointed member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2013:
GOVERNMENT REPRESENTATIVES







Country


Members


Alternates




Hungary


Mr Péter CSÁNYI


 




Article 2
The Council will appoint the members and alternate members who have not yet been nominated at a later date.
Article 3
This Decision shall enter into force on the day of its adoption.

Done at Brussels, 12 July 2011.


For the Council


The President

J. VINCENT-ROSTOWSKI




(1)  OJ L 139, 30.5.1975, p. 1.

(2)  OJ C 322, 27.11.2010, p. 8.

(3)  OJ C 83, 17.3.2011, p. 4.
Case F-70/10: Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — Hidalgo v Parliament
Date: 2011-07-12
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action for annulment, indemnification








C_2011252EN.01005704.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/57





Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — Hidalgo v Parliament
(Case F-70/10) (1)

2011/C 252/129
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 288, 23.10.2010, p. 75.
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: 2011-07-12
Institutions: European Commission
Subjects: Netherlands, State aid, control of State aid, primary sector, regions of the Netherlands, small and medium-sized enterprises








C_2011206EN.01001401.xml










12.7.2011   


EN


Official Journal of the European Union


C 206/14





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 206/07
Aid No: SA.33162 (11/XA)
Member State: Netherlands
Region: Noord-Brabant
Title of aid scheme or name of company receiving an individual aid: Subsidieregeling convenant Stuurgroep Landbouw Innovatie Noord-Brabant (LIB-subsidieregeling)
Legal basis: 






—


Artikel 152 Provinciewet










—


Artikel 2 Algemene subsidieverordening Provincie Noord-Brabant




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 0,48 million
Maximum aid intensity: 100 %
Date of implementation: —
Duration of scheme or individual aid award: 1 January 2012-1 January 2016
Objective of aid: Investment in agricultural holdings (Article 4 of Regulation (EC) No 1857/2006), Production of quality agricultural products (Article 14 of Regulation (EC) No 1857/2006), Technical support (Article 15 of Regulation (EC) No 1857/2006)
Sector(s) concerned: Agriculture, forestry and fishing
Name and address of the granting authority: 





Provincie Noord-Brabant




Brabantlaan 1




Postbus 90151




5200 MC’ s-Hertogenbosch




NEDERLAND




Website: http://www.brabant.nl/politiek-en-bestuur/gedeputeerde-staten/bestuursinformatie/provinciale-bladen.aspx?qvi=36824
http://brabant.regelingenbank.eu/regeling/365-beleidsregels-inzake-de-subsidieverlening-in-het-kader-van-het-convenant-stuurgroep-landbouw-innovatie-noord-brabant/
Other information: —
Case F-28/11: Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — BC v Council
Date: 2011-07-12
Institutions: Civil Service Tribunal
Subjects: European official, action for annulment, promotion








C_2011252EN.01005806.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/58





Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — BC v Council
(Case F-28/11) (1)

2011/C 252/135
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 173, 11.6.2011, p. 16.
Notice of open competitions
Date: 2011-07-12
Institutions: European Personnel Selection Office
Subjects: EPSO, competition (EU), information profession, invitation to tender








C_2011206EN.01001701.xml










12.7.2011   


EN


Official Journal of the European Union


C 206/17





NOTICE OF OPEN COMPETITIONS
2011/C 206/09
The European Personnel Selection Office (EPSO) is organising the following open competitions:
CONFERENCE INTERPRETERS








—


:


for Czech (CS)


:


EPSO/AD/222/11 (AD 5 and AD 7)




—


:


for Latvian (LV)


:


EPSO/AD/223/11 (AD 5 and AD 7)




—


:


for Maltese (MT)


:


EPSO/AD/224/11 (AD 5 and AD 7)




—


:


Swedish-language (SV) interpreters


:


EPSO/AD/225/11 (AD 5 and AD 7)




—


:


Spanish-language (ES) interpreters


:


EPSO/AD/226/11 (AD 7)




The competition notice is published in Official Journal C 206 A of 12 July 2011 in Czech, Latvian, Maltese, Swedish and Spanish only.
Further details can be found on the EPSO website: http://eu-careers.eu
Case T-374/08: Judgment of the General Court of 12 July 2011 — Aldi Einkauf v OHIM — Illinois Tools Works (TOP CRAFT) (Community trade mark — Opposition proceedings — Application for the Community figurative mark TOP CRAFT — Earlier national figurative marks Krafft — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Genuine use of the earlier marks — Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation 207/2009) and Rule 22 of Regulation (EC) No 2868/95)
Date: 2011-07-12
Institutions: General Court
Subjects: EU trade mark, agri-foodstuffs, chemical product, horticulture, silviculture, trade-mark law








C_2011252EN.01003201.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/32





Judgment of the General Court of 12 July 2011 — Aldi Einkauf v OHIM — Illinois Tools Works (TOP CRAFT)
(Case T-374/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark TOP CRAFT - Earlier national figurative marks Krafft - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation 207/2009) and Rule 22 of Regulation (EC) No 2868/95)
2011/C 252/74
Language of the case: German

Parties


Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Illinois Tools Works, Inc. (Glenview, United States)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 June 2008 (Case No R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG

Operative part of the judgment

The Court:






1.


annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 June 2008 (Case No R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG);










2.


orders OHIM to pay the costs.






(1)  OJ C 313, 6.12.2008.
Case F-101/10: Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — Massez And Others v Court of Justice
Date: 2011-07-12
Institutions: Civil Service Tribunal
Subjects: European official, action for annulment, pay, pension scheme








C_2011252EN.01005803.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/58





Order of the Civil Service Tribunal (Third Chamber) of 12 July 2011 — Massez And Others v Court of Justice
(Case F-101/10) (1)

2011/C 252/132
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 30, 29.1.2011, p. 63.
Case F-66/11: Action brought on 12 July 2011 — ZZ v Commission
Date: 2011-07-12
Institutions: Civil Service Tribunal
Subjects: EPSO, competition (EU), indemnification








C_2011282EN.01005103.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/51





Action brought on 12 July 2011 — ZZ v Commission
(Case F-66/11)
2011/C 282/97
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision adopted by the chairman of the selection board for Competition EPSO/AST/111/10 (AST 1) not to admit the applicant to the assessment tests.

Form of order sought by the applicant







—


As a main claim:






—


annul the decision adopted on 7 April 2011 not to allow the applicant to take part in the assessment tests for Competition EPSO/AST/111/10 — Secretary, grade AST 1;










—


as a result, rule that the applicant must be reinstated within the recruitment process initiated by that competition, if necessary, through the organisation of fresh assessment tests;














—


in the alternative, in the event that the main claim is not upheld, quod non, order the defendant to pay, by way of material damages, an amount fixed provisionally and ex aequo et bono at EUR 20 000, together with interest for late payment at the statutory rate from the date of the judgment to be delivered;










—


in any event, order the defendant to pay, by way of non-material damages, an amount fixed provisionally and ex aequo et bono at EUR 20 000, together with interest for late payment at the statutory rate from the date of the judgment to be delivered;










—


order the Commission to pay the costs.
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2011-07-12
Institutions: European Commission
Subjects: Poland, Spain, State aid, control of State aid, financial institution, mining extraction, regions of Poland








C_2011206EN.01000801.xml










12.7.2011   


EN


Official Journal of the European Union


C 206/8





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2011/C 206/04






Date of adoption of the decision


6.5.2010




Reference number of State Aid


N 653/09




Member State


Poland




Region


Śląskie, Lubelskie




Title (and/or name of the beneficiary)


Pomoc inwestycyjna dla sektora węgla kamiennego




Legal basis


Artykuł 19 ustawy z dnia 7 września 2007 r. o funkcjonowaniu górnictwa węgla kamiennego w latach 2008–2015




Type of measure


Aid scheme




Objective


Sectoral development




Form of aid


Direct grant




Budget








 


Annual budget: PLN 400 million










 


Overall budget: PLN 400 million








Intensity


30 %




Duration (period)


Until 31.12.2010




Economic sectors


Mining and quarrying




Name and address of the granting authority







Minister Gospodarki




Pl. 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






Date of adoption of the decision


1.6.2011




Reference number of State Aid


SA.32990 (11/N)




Member State


Spain




Region


—




Title (and/or name of the beneficiary)


Fifth prolongation of the Spanish Guarantee Scheme for credit institutions — Spain




Legal basis


Royal Decree-law 07/2008, October 13




Type of measure


Aid scheme




Objective


Aid to remedy serious disturbances in the economy




Form of aid


Guarantee




Budget


Overall budget: EUR 164 000 million




Intensity


—




Duration (period)


1.7.2011-31.12.2011




Economic sectors


Financial intermediation




Name and address of the granting authority


Kingdom of Spain




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