do-me/EUR-LEX huggingface dataset:
Case C-371/11: Reference for a preliminary ruling from the Hof van beroep te Gent (Belgium) lodged on 13 July 2011 — Punch Graphix Prepress Belgium N.V. v Belgische Staat
Date: 2011-07-13
Institutions: Court of Justice
Subjects: Belgium, interpretation of the law, merger, tax exemption








C_2011282EN.01001103.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/11





Reference for a preliminary ruling from the Hof van beroep te Gent (Belgium) lodged on 13 July 2011 — Punch Graphix Prepress Belgium N.V. v Belgische Staat
(Case C-371/11)
2011/C 282/22
Language of the case: Dutch

Referring court

Hof van beroep te Gent

Parties to the main proceedings


Appellant: Punch Graphix Prepress Belgium N.V.

Respondent: Belgische Staat

Question referred

Can the national tax authorities exclude the application of Article 4(1) of Council Directive 90/435/EEC (1) of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States on the basis of the provision in that Article that it is not applicable in a case where the subsidiary is liquidated, by relying on a provision of domestic law (here, Article 210 WIB92 [Income Tax Code 1992]) which treats a merger by acquisition where in reality no liquidation of the subsidiary takes place, as a merger where liquidation of the subsidiary does in fact take place?


(1)  OJ 1990 L 225, p. 6
Case C-335/10: Order of the Court (Fifth Chamber) of 13 July 2011 (reference for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului pentru Mediu v Claudia Norica Vijulan (Article 104(3), first subparagraph of the Rules of Procedure — Domestic taxation — Article 110 TFEU — Pollution tax levied at the time of registration of motor vehicles)
Date: 2011-07-13
Institutions: Court of Justice
Subjects: environmental tax, tax relief, vehicle registration








C_2011311EN.01001301.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/13





Order of the Court (Fifth Chamber) of 13 July 2011 (reference for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului pentru Mediu v Claudia Norica Vijulan
(Case C-335/10) (1)

(Article 104(3), first subparagraph of the Rules of Procedure - Domestic taxation - Article 110 TFEU - Pollution tax levied at the time of registration of motor vehicles)
2011/C 311/18
Language of the case: Romanian

Referring court

Curtea de Apel Craiova

Parties to the main proceedings


Applicants: Administrația Finanțelor Publice a Municipiului Târgu-Jiu, Administrația Fondului pentru Mediu

Defendant: Claudia Norica Vijulan

Re:

Reference for a preliminary ruling — Curtea de Apel Craiova — Registration of second-hand cars previously registered in other Member States — Environmental tax levied on motor vehicles at the time of their first registration in a given Member State — Compatibility of the national legislation with Art. 110 TFEU — Temporary exemption for vehicles having certain characteristics

Operative part of the order

Article 110 TFEU must be interpreted as precluding a Member State from introducing a pollution tax levied on motor vehicles at the time of their first registration in that Member State, where that tax measure is designed to discourage putting second-hand vehicles purchased in other Member States into circulation in that Member State, without discouraging the purchase of second-hand vehicles of comparable age and use on the domestic market.


(1)  OJ C 274, 09.10.2010.
Case T-160/11 R: Order of the President of the General Court of 13 July 2011 — Petroci v Council (Interim measures — Common Foreign and Security Policy — Restrictive measures taken in view of the situation in Côte d’Ivoire — Freezing of funds — Application for suspension of operation of a measure — No need to adjudicate in the main proceedings — No need to adjudicate)
Date: 2011-07-13
Institutions: General Court
Subjects: Côte d'Ivoire, change of political system, economic sanctions, human rights, international sanctions, political rights








C_2011269EN.01004903.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/49





Order of the President of the General Court of 13 July 2011 — Petroci v Council
(Case T-160/11 R)
(Interim measures - Common Foreign and Security Policy - Restrictive measures taken in view of the situation in Côte d’Ivoire - Freezing of funds - Application for suspension of operation of a measure - No need to adjudicate in the main proceedings - No need to adjudicate)
2011/C 269/110
Language of the case: French

Parties


Applicant: Société nationale d’opérations pétrolières de la Côte d’Ivoire Holding (Petroci Holding) (Abidjan, Côte d’Ivoire) (represented by: M. Ceccaldi, lawyer)

Defendant: Council of the European Union (represented by: B. Driessen and A. Vitro, Agents)

Re:

Application for interim measures seeking, under Article 278 TFEU, suspension of operation of (i) Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire (OJ 2011 L 11, p. 36) and (ii) Council Regulation (EU) No 25/2011 of 14 January 2011 amending 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 (OJ 2011 L 11, p. 1).

Operative part of the order







1.


There is no longer any need to adjudicate on the application for interim measures.










2.


The Council of the European Union shall pay the costs.
List of members of the European Statistical Advisory Committee (ESAC)
Date: 2011-07-13
Institutions: European Commission
Subjects: EU statistics, advisory committee (EU), operation of the Institutions








C_2011207EN.01000201.xml










13.7.2011   


EN


Official Journal of the European Union


C 207/2





List of members of the European Statistical Advisory Committee (ESAC)
(2011/C 207/02)
Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishes the European Statistical Advisory Committee (ESAC).
ESAC comprises 24 members, as follows:






—


Mr Denis DURAND,










—


Mr Kris DEGROOTE,










—


Ms Anuska FERLIGOJ,










—


Mr Ladislav KABÁT,










—


Ms Lea KAUPPI,










—


Ms Irena E. KOTOWSKA,










—


Ms Denise Anne LIEVESLEY,










—


Mr Luca PAOLAZZI,










—


Mr Julio RODRÍGUEZ LÓPEZ,










—


Ms Ineke STOOP,










—


Ms Emilia ȚIȚAN,










—


Mr Brendan WALSH, all of the above members were appointed by the European Commission.










—


Ms Sharon BOWLES, appointed by the European Parliament,










—


Ms Maria Lucília SALEMA E CARVALHO, appointed by the Council,










—


Mr Michael SMYTH, appointed by the European Economic and Social Committee,










—


Mr Bernard CHANE KUNE, appointed by the Committee of the Regions,










—


Mr Aurel SCHUBERT, appointed by the European Central Bank,










—


Ms Irena KRIZMAN, appointed by the European Statistical System Committee (successor of the Statistical Programme Committee),










—


Mr Jan PLOVSING, appointed by the European Statistical System Committee,










—


Mr Hans-Joachim HAß, appointed by the Confederation of European Business (BUSINESSEUROPE),










—


Ms Janine LESCHKE, appointed by the European Trade Union Confederation,










—


Ms Ulrike OSCHISCHNIG, appointed by the European Association of Craft, Small and Medium-sized Enterprises,










—


Mr Michael VANFLETEREN, appointed by the European Data Protection Supervisor,










—


Mr Walter RADERMACHER, Director-General of Eurostat.
Case T-142/11 R: Order of the President of the General Court of 13 July 2011 — SIR v Council (Applications for interim measures — Common foreign and security policy — Restrictive measures taken in view of the situation in Côte d’Ivoire — Freezing of funds — Application for suspension of operation of a measure — No need to adjudicate in the main proceedings — No need to adjudicate)
Date: 2011-07-13
Institutions: General Court
Subjects: Côte d'Ivoire, change of political system, economic sanctions, human rights, international sanctions, political rights








C_2011269EN.01004902.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/49





Order of the President of the General Court of 13 July 2011 — SIR v Council
(Case T-142/11 R)
(Applications for interim measures - Common foreign and security policy - Restrictive measures taken in view of the situation in Côte d’Ivoire - Freezing of funds - Application for suspension of operation of a measure - No need to adjudicate in the main proceedings - No need to adjudicate)
2011/C 269/109
Language of the case: French

Parties


Applicant: Société ivoirienne de raffinage (SIR) (Abidjan, Côte d’Ivoire) (represented by: M. Ceccaldi, lawyer)

Defendant: Council of the European Union (represented by: B. Driessen and A. Vitro, acting as Agents)

Re:

Application for interim measures seeking, in accordance with Article 278 TFEU, suspension of the operation, first, of Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (OJ 2011 L 11, p. 36) and, secondly, of Council Regulation (EU) No 25/2011 of 14 January 2011 amending 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 (OJ 2011 L 11, p. 1)

Operative part of the order







1.


There is no longer any need to rule on the application for interim measures.










2.


The Council of the European Union shall pay the costs.
Case T-499/09: Judgment of the General Court of 13 July 2011 — Evonik Industries v OHIM (Purple rectangle with a rounded side) (Community trade mark — Application for a Community figurative mark representing a purple rectangle with a rounded side — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-07-13
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011269EN.01004801.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/48





Judgment of the General Court of 13 July 2011 — Evonik Industries v OHIM (Purple rectangle with a rounded side)
(Case T-499/09) (1)

(Community trade mark - Application for a Community figurative mark representing a purple rectangle with a rounded side - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
2011/C 269/105
Language of the case: German

Parties


Applicant: Evonik Industries AG (Essen, Germany) (represented by: J. Albrecht, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented initially by S. Stürmann, then by S. Stürmann and G. Schneider, and subsequently by S. Stürmann and R. Manea, Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning an application for registration as a Community trade mark of a purple rectangle with a rounded side.

Operative part of the order

The Court:






1.


Dismisses the action;










2.


Orders Evonik Industries AG to pay the costs.






(1)  OJ C 37, 13.2.2010.
Case C-374/11: Action brought on 13 July 2011 — European Commission v Ireland
Date: 2011-07-13
Institutions: Court of Justice
Subjects: Ireland, enforcement of ruling, infringement of EU law








C_2011282EN.01001301.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/13





Action brought on 13 July 2011 — European Commission v Ireland
(Case C-374/11)
2011/C 282/24
Language of the case: English

Parties


Applicant: European Commission (represented by: E. White, I. Hadjiyiannis, A. Marghelis, agents)

Defendant: Ireland

The applicant claims that the Court should:







—


declare that, by failing to take the necessary measures to comply with the judgment of this Court in Case C-188/08 Commission v Ireland, Ireland has failed to fulfil its obligations wider Article 260 TFEU;










—


order Ireland to pay to the Commission a lump sum of EUR 4 771,20 multiplied by the number of days between the judgment in Case C-188/08 and the judgment in the present proceedings (or full compliance by Ireland with the judgment in Case C-188/08 if that should be achieved during the pendency of these proceedings);










—


order Ireland to pay to the Commission a daily penalty payment of EUR 26 173,44 from the date of the judgment in the present proceedings to the date of compliance by Ireland with the judgment in Case C-188/08; and










—


order Ireland to pay the costs of this action.





Pleas in law and main arguments

More than one and a half years have elapsed since the Court’s judgment in Case C-188/08. The Commission considers that this should have been sufficient time for Ireland to comply with the judgment of the Court. It notes, indeed, that Ireland announced that it intended to have the required legislation adopted by the end of 2010. However that goal has not been respected and Ireland does not appear to be close to achieving full compliance. Accordingly, the Commission considers that Ireland has failed to satisfy its obligation under Article 260(1) TFEU.
Case T-39/07: Judgment of the General Court of 13 July 2011 — ENI v Commission (Competition — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Decision finding an infringement of Article 81 EC — Imputability of the offending conduct — Fines — Gravity of the infringement — Aggravating circumstances)
Date: 2011-07-13
Institutions: General Court
Subjects: exchange of information, fine, price agreement, rubber industry, trade information, unlawful agreement








C_2011269EN.01004102.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/41





Judgment of the General Court of 13 July 2011 — ENI v Commission
(Case T-39/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Imputability of the offending conduct - Fines - Gravity of the infringement - Aggravating circumstances)
2011/C 269/90
Language of the case: Italian

Parties


Applicant: ENI SpA (Rome, Italy) (represented by: G.M. Roberti and I. Perego, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, G. Conte and V. Bottka, Agents)

Re:

Application for annulment, so far as ENI SpA is concerned, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, annulment or reduction of the fine imposed on ENI.

Operative part of the judgment

The Court:






1.


Annuls Article 2(c) of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it sets the amount of the fine imposed on ENI SpA at EUR 272,25 million;










2.


Sets the amount of the fine imposed on ENI at EUR 181,5 million;










3.


Dismisses the action as to the remainder;










4.


Orders the parties to bear their own costs.






(1)  OJ C 82, 14.4.2007.
Case T-138/07: Judgment of the General Court of 13 July 2011 — Schindler Holding and Others v Commission (Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Decision finding an infringement of Article 81 EC — Bid-rigging — Market sharing — Price fixing)
Date: 2011-07-13
Institutions: General Court
Subjects: fine, lift, restriction on competition, unlawful agreement








C_2011269EN.01004401.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/44





Judgment of the General Court of 13 July 2011 — Schindler Holding and Others v Commission
(Case T-138/07) (1)

(Competition - Agreements, decisions and concerted practices - Market for the installation and maintenance of elevators and escalators - Decision finding an infringement of Article 81 EC - Bid-rigging - Market sharing - Price fixing)
2011/C 269/96
Language of the case: German

Parties


Applicants: Schindler Holding Ltd (Hergiswil, Switzerland); Schindler Management AG (Ebikon, Switzerland); Schindler SA (Brussels, Belgium); Schindler Deutschland Holding GmbH (Berlin, Germany); Schindler Sàrl (Luxembourg, Luxembourg); and Schindler Liften BV (The Hague, Netherlands) (represented by: R. Bechtold, W. Bosch, U. Soltész and S. Hirsbrunner, lawyers)

Defendant: European Commission (represented by: K. Mojzesowicz and R. Sauer, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and G. Kimberley, Agents)

Re:

Application for annulment of Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 [EC] (Case COMP/E-1/38.823 — Elevators and Escalators) or, in the alternative, reduction of the amounts of the fines imposed on the applicants.

Operative part of the judgment

The Court:






1.


Declares that it is unnecessary to rule on the action in so far as it has been brought by Schindler Management AG;










2.


Dismisses the action as to the remainder;










3.


Orders Schindler Holding Ltd, Schindler SA, Schindler Deutschland Holding GmbH, Schindler Sàrl and Schindler Liften BV to pay the costs;










4.


Orders Schindler Management to bear its own costs;










5.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 155, 7.7.2007.
Cases T-141/07, T-142/07, T-145/07 and T-146/07: Judgment of the General Court of 13 July 2011 — General Technic-Otis and Others v Commission (Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Decision finding an infringement of Article 81 EC — Bid-rigging — Market sharing — Price fixing)
Date: 2011-07-13
Institutions: General Court
Subjects: fine, invitation to tender, lift, restriction on competition, restrictive trade practice








C_2011269EN.01004402.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/44





Judgment of the General Court of 13 July 2011 — General Technic-Otis and Others v Commission
(Cases T-141/07, T-142/07, T-145/07 and T-146/07) (1)

(Competition - Agreements, decisions and concerted practices - Market for the installation and maintenance of elevators and escalators - Decision finding an infringement of Article 81 EC - Bid-rigging - Market sharing - Price fixing)
2011/C 269/97
Languages of the case: French and English

Parties


Applicants: General Technic-Otis Sàrl (Howald, Luxembourg) (represented initially by M. Nosbusch and subsequently by A. Winckler, lawyers, and J. Temple Lang, Solicitor) (Case T-141/07); General Technic Sàrl (Howald) (represented by: M. Nosbusch) (Case T-142/07); Otis SA (Dilbeek, Belgium), Otis GmbH & Co. OHG, (Berlin, Germany), Otis BV (Amersfoort, Netherlands), and Otis Elevator Company (Farmington, Connecticut, United States) (represented by: A. Winckler and J. Temple Lang) (Case T-145/07); and United Technologies Corporation (Wilmington, Delaware, United States) (represented by: A. Winckler and J. Temple Lang) (Case T-146/07)

Defendant: European Commission (represented in Cases T-141/07 and T-142/07, by A. Bouquet and R. Sauer, acting as Agents, and by A. Condomines, lawyer, and, in Cases T-145/07 and T-146/07, by A. Bouquet, R. Sauer and J. Bourke, acting as Agents, and by A. Condomines)

Re:

Applications for annulment of Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 [EC] (Case COMP/E 1/38.823 — Elevators and Escalators) or, in the alternative, reduction of the amounts of the fines imposed on the applicants.

Operative part of the judgment

The Court:






1.


Joins Cases T-141/07, T-142/07, T-145/07 and T-146/07 for the purposes of this judgment;










2.


Dismisses the actions;










3.


In Case T-141/07, orders General Technic-Otis Sàrl to pay the costs;










4.


In Case T-142/07, orders General Technic Sàrl to pay the costs;










5.


In Case T-145/07, orders Otis SA, Otis GmbH & Co. OHG, Otis BV and Otis Elevator Company to pay the costs;










6.


In Case T-146/07, orders United Technologies Corporation to pay the costs.






(1)  OJ C 140, 23.6.2007.
Case T-45/07: Judgment of the General Court of 13 July 2011 — Unipetrol v Commission (Competition — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Decision finding an infringement of Article 81 EC — Participation in the cartel — Imputability of the offending conduct — Fines)
Date: 2011-07-13
Institutions: General Court
Subjects: exchange of information, fine, price agreement, rubber industry, trade information, unlawful agreement








C_2011269EN.01004203.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/42





Judgment of the General Court of 13 July 2011 — Unipetrol v Commission
(Case T-45/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Participation in the cartel - Imputability of the offending conduct - Fines)
2011/C 269/93
Language of the case: English

Parties


Applicant: Unipetrol a.s. (Prague, Czech Republic) (represented by: J. Matějček and I. Janda, lawyers)

Defendant: European Commission (represented initially by: M. Kellerbauer, V. Bottka and O. Weber, and subsequently by M. Kellerbauer, V. Bottka and V. Di Bucci, Agents)

Re:

Application for annulment, so far as Unipetrol a.s. is concerned, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, for the exercise of the General Court’s unlimited jurisdiction.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it concerns Unipetrol a.s.;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 82, 14.4.2007.