do-me/EUR-LEX huggingface dataset:
Case C-438/10: Order of the Court (Fifth Chamber) of 13 July 2011 (reference for a preliminary ruling from the Curtea de Apel Bacău (Romania)) — Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău v Lilia Druțu (Article 104(3), first indent of the Rules of Procedure — Internal impositions — Article 110 TFEU — Introduction of a pollution tax on first registration of motor vehicles)
Date: 2011-07-13
Institutions: Court of Justice
Subjects: environmental tax, tax relief, vehicle registration








C_2011311EN.01001302.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 Bacău (Romania)) — Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău v Lilia Druțu
(Case C-438/10) (1)

(Article 104(3), first indent of the Rules of Procedure - Internal impositions - Article 110 TFEU - Introduction of a pollution tax on first registration of motor vehicles)
2011/C 311/19
Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings


Applicants: Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

Defendant: Lilia Druțu

Re:

Reference for a preliminary ruling — Curtea de Appel Bacău Comercială, Contencios Administrativ și Fiscal — Registration of second-hand vehicles previously registered in other Member States — Environmental tax on motor vehicles on first registration in a Member State — Compatibility of national legislation with Article 110 TFEU — Discrimination compared with second-hand vehicles already registered in that Member State and not subject to that tax on subsequent sale and new registration

Operative part of the order

Article 110 TFEU must be interpreted as meaning that it precludes a Member State from introducing a pollution tax on motor vehicles on first registration in that Member State if that fiscal measure is set up in such a way as to discourage the placing on the market in that Member State of second-hand vehicles purchased in other Member States without discouraging the purchase of second-hand vehicles of a similar age and condition on the national market.


(1)  OJ C 328, 4.12.2010.
Case T-59/07: Judgment of the General Court of 13 July 2011 — Polimeri Europa 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 — Single infringement — Proof of the existence of the cartel — Fines — Gravity and duration 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.01004302.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/43





Judgment of the General Court of 13 July 2011 — Polimeri Europa v Commission
(Case T-59/07) (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 - Single infringement - Proof of the existence of the cartel - Fines - Gravity and duration of the infringement - Aggravating circumstances)
2011/C 269/95
Language of the case: Italian

Parties


Applicant: Polimeri Europa SpA (Brindisi, Italy) (represented by: M. Siragusa and F. Moretti, lawyers)

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

Re:

Application for annulment 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 Polimeri Europa SpA.

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 Polimeri Europa SpA at EUR 272,25 million;










2.


Sets the amount of the fine imposed on Polimeri Europa 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 95, 28.4.2007.
Case T-42/07: Judgment of the General Court of 13 July 2011 — Dow Chemical and Others 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 and duration 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.01004201.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/42





Judgment of the General Court of 13 July 2011 — Dow Chemical and Others v Commission
(Case T-42/07) (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 and duration of the infringement - Aggravating circumstances)
2011/C 269/91
Language of the case: English

Parties


Applicants: The Dow Chemical Company (Midland, Michigan, United States); Dow Deutschland Inc. (Schwalbach, Germany); Dow Deutschland Anlagengesellschaft mbH (Schwalbach); and Dow Europe GmbH (Horgen, Switzerland) (represented initially by: D. Schroeder, P. Matthey and T. Graf, and subsequently by D. Schroeder and T. Graf, lawyers)

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

Re:

Application for annulment, so far as The Dow Chemical Company 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 annulment, so far as Dow Deutschland Inc. is concerned, of Article 1 of that decision or reduction, so far as all the applicants are concerned, of the fine imposed on them.

Operative part of the judgment

The Court:






1.


Annuls Article 1(b) 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 Dow Deutschland Inc. is found to have participated in the infringement at issue from 1 July 1996 to 27 November 2001 instead of from 2 September 1996 to 27 November 2001;










2.


Dismisses the action as to the remainder;










3.


Orders The Dow Chemical Company, Dow Deutschland, Dow Deutschland Anlagengesellschaft mbH and Dow Europe GmbH to bear their own costs and to pay nine tenths of the costs incurred by the European Commission;










4.


Orders the Commission to bear one tenth of its own costs.






(1)  OJ C 82, 14.4.2007.
Corrigendum to Commission Decision 2011/122/EU of 22 February 2011 on a derogation from the rules of origin set out in Council Decision 2001/822/EC as regards certain fishery products imported from Saint Pierre and Miquelon ( OJ L 49, 24.2.2011 )
Date: 2011-07-13
Institutions: European Commission
Subjects: Saint Pierre and Miquelon, derogation from EU law, fishery product, import, originating product








L_2011183EN.01003101.xml










13.7.2011   


EN


Official Journal of the European Union


L 183/31







Corrigendum to Commission Decision 2011/122/EU of 22 February 2011 on a derogation from the rules of origin set out in Council Decision 2001/822/EC as regards certain fishery products imported from Saint Pierre and Miquelon
(
Official Journal of the European Union L 49 of 24 February 2011
)

On page 39, in the table of the Annex, Serial No 09.1625, in the column ‘HS Code’:
for:


                  ‘
                  ex 0307 39 
               

                  ex 1605 90 
                  ’,

read:

               ‘
               ex 1605 90 
               ’.
Case T-151/07: Judgment of the General Court of 13 July 2011 — Kone 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.01004502.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/45





Judgment of the General Court of 13 July 2011 — Kone and Others v Commission
(Case T-151/07) (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 269/99
Language of the case: English

Parties


Applicants: Kone Oyj (Helsinki, Finland); Kone GmbH (Hanover, Germany); and Kone BV (Voorburg, Netherlands) (represented by: T. Vinje, Solicitor, D. Paemen, J. Schindler, B. Nijs, A. Tomtsis, lawyers, J. Flynn QC and D. Scannell, Barrister)

Defendant: European Commission (represented by: É. Gippini Fournier and R. Sauer, acting as 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 amount of the fine imposed on the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kone Oyj, Kone GmbH and Kone BV to pay the costs.






(1)  OJ C 155, 7.7.2007.
Case C-573/10: Order of the Court (Fifth Chamber) of 13 July 2011 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău v Lilia Druțu (Article 104(3), first indent of the Rules of Procedure — Internal taxation — Article 110 TFEU — Introduction of a pollution tax on first registration of motor vehicles)
Date: 2011-07-13
Institutions: Court of Justice
Subjects: environmental tax, tax relief, vehicle registration








C_2011311EN.01001502.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/15





Order of the Court (Fifth Chamber) of 13 July 2011 (reference for a preliminary ruling from the Curtea de Apel Bacău — Romania) — Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău v Lilia Druțu
(Case C-573/10) (1)

(Article 104(3), first indent of the Rules of Procedure - Internal taxation - Article 110 TFEU - Introduction of a pollution tax on first registration of motor vehicles)
2011/C 311/23
Language of the case: Romanian

Referring court

Curtea de Apel Bacău

Parties to the main proceedings


Applicants: Direcția Generală a Finanțelor Publice Bacău, Administrația Finanțelor Publice Bacău

Defendant: Lilia Druțu

Re:

Reference for a preliminary ruling — Curtea de Appel Bacău Comercială, Contencios Administrativ și Fiscal — Registration of second-hand vehicles previously registered in other Member States — Environmental tax on motor vehicles on first registration in a Member State — Compatibility of national legislation with Article 110 TFEU — Discrimination compared with second-hand vehicles already registered in that Member State and not subject to that tax on subsequent sale and new registration

Operative part of the order

Article 110 TFEU must be interpreted as meaning that it precludes a Member State from introducing a pollution tax on motor vehicles on first registration in that Member State if that fiscal measure is set up in such a way as to discourage the placing on the market in that Member State of second-hand vehicles purchased in other Member States without discouraging the purchase of second-hand vehicles of a similar age and condition on the national market.


(1)  OJ C 46, 12.2.2011.
Commission Implementing Regulation (EU) No 672/2011 of 13 July 2011 amending Regulation (EC) No 968/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community
Date: 2011-07-13
Institutions: European Commission
Subjects: EU financing, aid for restructuring, industrial restructuring, sugar industry








L_2011184EN.01000101.xml










14.7.2011   


EN


Official Journal of the European Union


L 184/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 672/2011
of 13 July 2011
         
amending Regulation (EC) No 968/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (1), and in particular Article 12 thereof,

Whereas:







(1)


Article 6 of Commission Regulation (EC) No 968/2006 (2) provides that the period for dismantling production facilities and for complying with the social and environmental commitments referred to in Article 3(3)(c) and Article 3(4)(c) of Regulation (EC) No 320/2006 may be extended until 30 September 2011 at the latest.












(2)


Certain sugar producers will not be able to fully dismantle their production facilities in time, unless that deadline is extended even further. However, the extension should not go beyond of what is absolutely necessary to finish the remaining dismantling works. Based on the information available to the Commission, the deadline shall accordingly be extended until 31 March 2012 at the latest.












(3)


Regulation (EC) No 968/2006 should therefore be amended accordingly.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,





HAS ADOPTED THIS REGULATION:



Article 1
In Article 6(1) of Regulation (EC) No 968/2006, the second subparagraph is replaced by the following:
‘By way of derogation from point (b) of the first subparagraph, upon a motivated request of the undertaking concerned, the Member States can grant an extension of the deadline fixed in that point until 31 March 2012 at the latest. In such case, the undertaking shall submit an amended restructuring plan according to Article 11.’


Article 2
This Regulation shall enter into force on the seventh day following 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, 13 July 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 58, 28.2.2006, p. 42.

(2)  
            OJ L 176, 30.6.2006, p. 32.
Case T-44/07: Judgment of the General Court of 13 July 2011 — Kaučuk 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 — Gravity and duration of the infringement — Attenuating circumstances)
Date: 2011-07-13
Institutions: General Court
Subjects: exchange of information, fine, price agreement, rubber industry, trade information, unlawful agreement








C_2011269EN.01004202.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/42





Judgment of the General Court of 13 July 2011 — Kaučuk v Commission
(Case T-44/07) (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 - Gravity and duration of the infringement - Attenuating circumstances)
2011/C 269/92
Language of the case: English

Parties


Applicant: Kaučuk a.s. (Kralupy nad Vltavou, Czech Republic) (represented initially by: M. Powell and K. Kuik, and subsequently by M. Powell, Solicitors)

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 Kaučuk 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, annulment or reduction of the fine imposed on Kaučuk.

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 Kaučuk a.s.;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 82, 14.4.2007.
Information relating to the entry into force of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 , as amended by the Vilnius Protocol of 3 June 1999
Date: 2011-07-13
Institutions: Council of the European Union
Subjects: accession to an agreement, common transport policy, international convention, international transport, rail network








L_2011183EN.01000101.xml










13.7.2011   


EN


Official Journal of the European Union


L 183/1







Information relating to the entry into force of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999
         

The above Agreement, signed in Bern, Switzerland on 23 June 2011, entered into force on 1 July 2011, in accordance with Article 9 of the Agreement.
Case C-120/11: Order of the President of the Court of 13 July 2011 (reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy)) — Criminal proceedings against Yeboah Kwadwo
Date: 2011-07-13
Institutions: Court of Justice
Subjects: Italy, foreign national, illegal migration, residence permit, right of asylum








C_2011298EN.01001802.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/18





Order of the President of the Court of 13 July 2011 (reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy)) — Criminal proceedings against Yeboah Kwadwo
(Case C-120/11) (1)

2011/C 298/33
Language of the case: Italian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 145, 14.5.2011.
Case T-81/09: Judgment of the General Court of 13 July 2011 — Greece v Commission (ERDF — Reduction of financial assistance — Operational programme falling within Objective No 1 (1994-1999), ‘Accessibility and Trunk roads’ in Greece — Delegation of auxiliary tasks by the Commission to third parties — Rate of financial correction — Commission discretion — Review by the courts)
Date: 2011-07-13
Institutions: General Court
Subjects: Greece, interpretation of the law, judicial proceedings, principle of proportionality








C_2011269EN.01004602.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/46





Judgment of the General Court of 13 July 2011 — Greece v Commission
(Case T-81/09) (1)

(ERDF - Reduction of financial assistance - Operational programme falling within Objective No 1 (1994-1999), ‘Accessibility and Trunk roads’ in Greece - Delegation of auxiliary tasks by the Commission to third parties - Rate of financial correction - Commission discretion - Review by the courts)
2011/C 269/101
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: initially M. Tassopoulou, agent, assisted by C. Meïdanis and E. Lampadarios, lawyers, then P. Mylonopoulos and K. Boskovits, agents, assisted by G. Michailopoulos, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and D. Triantafyllou, agents)

Re:

Action for annulment of Commission Decision C(2008) 8573 of 15 December 2008 reducing the financial assistance of the European Regional Development Fund (ERDF) granted to Greece, amounting to EUR 30 104 470,47 in respect of the operational programme ‘Accessibility and Trunk Roads’ by Commission Decision C(94) 3579 of 16 December 1994, authorising financial assistance from the ERDF.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2008) 8573 of 15 December 2008 reducing the financial assistance of the European Regional Development Fund (ERDF) granted to Greece in so far as it provides, first, a correction amounting to EUR 506 303 in respect of the project ‘Isthmos — Galota’ and, second, a correction amounting to EUR 684 343 in respect of the project ‘Polymylos crossroads’ (contract 928)’;










2.


Dismisses the action as to the remainder;










3.


Orders the Hellenic Republic to bear its own costs and 80 % of the costs incurred by the European Commission;










4.


Orders the European Commission to bear 20 % of its own costs.






(1)  OJ C 129, 6.6.2009.