do-me/EUR-LEX huggingface dataset:
Case C-380/11: Reference for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 18 July 2011 — DI. VI. Finanziaria S.A.P.A. di Diego della Valle & C. v Administration des contributions directes
Date: 2011-07-18
Institutions: Court of Justice
Subjects: tax relief, taxpayer, wealth tax








C_2011298EN.01001201.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/12





Reference for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 18 July 2011 — DI. VI. Finanziaria S.A.P.A. di Diego della Valle & C. v Administration des contributions directes
(Case C-380/11)
2011/C 298/23
Language of the case: French

Referring court

Tribunal administratif

Parties to the main proceedings


Applicant: DI. VI. Finanziaria S.A.P.A. di Diego della Valle & C.

Defendant: Administration des contributions directes

Question referred

Is Article 49 of the Treaty on the Functioning of the European Union to be interpreted as precluding a measure, such as that governed by Paragraph 8a of the Law on capital tax of 16 October 1934, as amended, subparagraph 1 of which makes the grant of a reduction in capital tax conditional upon remaining liable to Luxembourg capital tax for the next five tax years?
Case C-383/11: Reference for a preliminary ruling from the Administrativen Sad Varna (Bulgaria) lodged on 18 July 2011 — Digitalnet OOD v Nachalnik na Mitnicheski punkt — Varna Zapad pri Mitnitsa Varna
Date: 2011-07-18
Institutions: Court of Justice
Subjects: Combined Nomenclature, Internet, customs duties, information technology, modem








C_2011298EN.01001301.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/13





Reference for a preliminary ruling from the Administrativen Sad Varna (Bulgaria) lodged on 18 July 2011 — Digitalnet OOD v Nachalnik na Mitnicheski punkt — Varna Zapad pri Mitnitsa Varna
(Case C-383/11)
2011/C 298/25
Language of the case: Bulgarian

Referring court

Administrativen Sad Varna

Parties to the main proceedings


Applicant: Digitalnet OOD

Defendant: Nachalnik na Mitnicheski punkt — Varna Zapad pri Mitnitsa Varna

Questions referred







1.


How are the terms ‘modem’ and ‘internet access’ to be interpreted for the purposes of subheading 8528 71 13 of the 2009 Combined Nomenclature (Commission Regulation (EC) No 1031/2008 of 19 September 2008 (1), OJ L 291, p. 1) and the Explanatory Notes?










2.


What is the relevant function (main function) of the set-top box, pursuant to which the tariff classification must be carried out: receipt of television signals or the use of a modem which facilitates interactive information exchange for the purposes of gaining access to the internet?










3.


If the relevant function (main function) of the set-top box is the use of a modem which facilitates interactive information exchange for the purposes of gaining access to the internet, is the type of modulation and demodulation which the modem brings about or the type of modem used relevant to the tariff classification, or does it suffice that access to the internet is provided by means of the modem?










4.


Is it permissible for the customs authorities to amend the customs duty classification of a specific product without physically checking the imported product, and for the experts’ report to be issued exclusively on the basis of written evidence, namely the user manual, technical characteristics and inspection of a device made by the same manufacturer which has the same number from another imported consignment?










5.


Under which code of the 2009 Combined Nomenclature (Commission Regulation (EC) No 1031/2008 of 19 September 2008, OJ L 291, p. 1) should the goods forming the subject-matter of the proceedings (set-top box) be classified, having regard to the technical characteristics established in the main proceedings?






(1)  OJ 2008 L 291, p. 1.
Case T-389/11: Action brought on 18 July 2011 — Guccio Gucci v OHIM Chang Qing Qing (GUDDY)
Date: 2011-07-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, luxury products industry, registered trade mark








C_2011282EN.01003401.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/34





Action brought on 18 July 2011 — Guccio Gucci v OHIM Chang Qing Qing (GUDDY)
(Case T-389/11)
2011/C 282/67
Language in which the application was lodged: English

Parties


Applicant: Guccio Gucci SpA (Firenze, Italy) (represented by: F. Jacobacci, lawyer)

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

Other party to the proceedings before the Board of Appeal: Chang Qing Qing (Firenze, Italy)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 April 2011 in case R 143/2010-1 insofar as it rejected the opposition for the remainder of goods in classes 9 and 14; and










—


Order the defendant 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 word mark ‘GUDDY’, for various goods in classes 9, 14, 18 and 25 — Community trade mark application No 6799531

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

Mark or sign cited in opposition: Community trade mark registration No 121988 of the word mark ‘GUCCI’, for goods in classes 9, 14, 18 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Partially annulled the decision of the Opposition Division and partially dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal failed (i) to examine accurately the documents submitted to reach the appropriate conclusion regarding the higher distinctiveness of the trademark ‘GUCCI’ and as regards the phonetic comparison between the trademarks and subsequently erred in (ii) interpreting and applying Article 8(1)(b) of the Community Trade Mark Regulation.
Council Regulation (EU, Euratom) No 699/2011 of 18 July 2011 adjusting the correction coefficients applicable to the remuneration and pensions of officials and other servants of the European Union
Date: 2011-07-18
Institutions: Council of the European Union
Subjects: Estonia, European official, cost of living, pay rise, servant (EU), wage determination








L_2011190EN.01000101.xml










21.7.2011   


EN


Official Journal of the European Union


L 190/1








            COUNCIL REGULATION (EU, EURATOM) No 699/2011
of 18 July 2011
         
adjusting the correction coefficients applicable to the remuneration and pensions of officials and other servants of the European Union


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the Staff Regulations of Officials of the European Union and the Conditions of Employment of other servants of the Union, laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Articles 64, 65(2) of the Staff Regulations and Annexes VII, XI and XIII thereto, and the first paragraph of Article 20, Articles 64 and 92 of the Conditions of Employment of Other Servants,


Having regard to the proposal from the European Commission,

Whereas:

There was a substantial increase in the cost of living in Estonia in the period from June to December 2010, the correction coefficients applied to the remuneration of officials and other servants of the Union should therefore be adjusted,

HAS ADOPTED THIS REGULATION:



Article 1
With effect from 1 January 2011, the correction coefficients applicable, under Article 64 of the Staff Regulations, to the remuneration of officials and other servants employed in the country listed below shall be as follows:
Estonia: 78,5.


Article 2
This Regulation shall enter into force on the 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, 18 July 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  
            OJ L 56, 4.3.1968, p. 1.
Case C-379/11: Reference for a preliminary ruling from the Cour administrative (Luxembourg) lodged on 18 July 2011 — Caves Krier Frères S.àr.l v Directeur de l’Administration de l’emploi
Date: 2011-07-18
Institutions: Court of Justice
Subjects: reimbursement of aid, social-security contribution, unemployed person








C_2011298EN.01001102.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/11





Reference for a preliminary ruling from the Cour administrative (Luxembourg) lodged on 18 July 2011 — Caves Krier Frères S.àr.l v Directeur de l’Administration de l’emploi
(Case C-379/11)
2011/C 298/22
Language of the case: French

Referring court

Cour administrative

Parties to the main proceedings


Applicant: Caves Krier Frères S.àr.l

Defendant: Directeur de l’Administration de l’emploi

Question referred

Is the first subparagraph of Article L.541-1 of the Luxembourg Labour Code compatible with Union law, and more particularly Articles 21 and 45 of the Treaty on the Functioning of the European Union, in so far as it reserves the right to reimbursement of part employer part employee social security contributions upon the hiring of unemployed persons aged over 45 years, be they indemnified or not, to private sector employers on condition that the unemployed persons be registered as work seekers with a placement office of the Luxembourg employment administration for at least one month, while employers who hire unemployed persons registered as work seekers with corresponding foreign bodies do not benefit from that measure?
2011/464/EU: Council Decision of 18 July 2011 on the signing, on behalf of the Union, of the Agreement between the European Union and New Zealand amending the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand
Date: 2011-07-18
Institutions: Council of the European Union
Subjects: Community certification, New Zealand, agreement (EU), mutual recognition principle, quality label, revision of an agreement, signature of an agreement








L_2011195EN.01000101.xml










27.7.2011   


EN


Official Journal of the European Union


L 195/1








            COUNCIL DECISION
         
of 18 July 2011
         
on the signing, on behalf of the Union, of the Agreement between the European Union and New Zealand amending the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand
(2011/464/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand (1) (the Agreement on Mutual Recognition) entered into force on 1 January 1999 (2).












(2)


On 8 July 2002, the Council authorised the Commission to open negotiations with New Zealand with a view to amending the Agreement on Mutual Recognition. The negotiations were successfully concluded by the initialling of the Agreement between the European Union and New Zealand amending the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand (the Agreement) in Brussels on 29 June 2009.












(3)


As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.












(4)


The Agreement should be signed,





HAS ADOPTED THIS DECISION:



Article 1
The signing of the Agreement between the European Union and New Zealand amending the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand (the Agreement) is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (3).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 18 July 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  
            OJ L 229, 17.8.1998, p. 62.

(2)  
            OJ L 5, 9.1.1999, p. 74.

(3)  The text of the Agreement will be published together with the Decision on its conclusion.
Council Implementing Decision 2011/422/CFSP of 18 July 2011 implementing Decision 2010/603/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
Date: 2011-07-18
Institutions: Council of the European Union
Subjects: International Criminal Tribunal, Yugoslavia, economic sanctions, international sanctions, natural person, restriction of liberty, war crime








L_2011188EN.01001901.xml










19.7.2011   


EN


Official Journal of the European Union


L 188/19








            COUNCIL IMPLEMENTING DECISION 2011/422/CFSP
of 18 July 2011
         
implementing Decision 2010/603/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Decision 2010/603/CFSP of 7 October 2010 on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (1), and in particular Article 2(1) thereof,

Whereas:







(1)


By Decision 2010/603/CFSP the Council adopted measures to freeze all funds and economic resources belonging to the natural persons listed in the Annex thereto, who had been indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY).












(2)


Following the transfer of Ratko MLADIC to the custody of the ICTY on 31 May 2011, his name should be removed from the list in the Annex to Decision 2010/603/CFSP.












(3)


The list contained in the Annex to Decision 2010/603/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The Annex to Decision 2010/603/CFSP shall be replaced by the Annex to this Decision.


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




Done at Brussels, 18 July 2011.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 265, 8.10.2010, p. 15.




ANNEX




                     ‘ANNEX

List of persons referred to in Article 1








 


Individual


Reason




1.


Name: HADZIC Goran (male)
Date of birth: 7.9.1958
Place of birth: Vinkovci, Croatia
National of Serbia


Indicted by the ICTY and still at large

Indictment: 4 June 2004


Case No: IT-04-75’
Case T-450/10 P: Order of the General Court of 18 July 2011 — Marcuccio v Commission (Appeal — Civil service — Officials — Reasonable period of time within which to bring a damages claim — Lateness — Appeal partly manifestly inadmissible and partly manifestly unfounded)
Date: 2011-07-18
Institutions: General Court
Subjects: European official, action by staff, health expenditure, health insurance, redemption








C_2011282EN.01002101.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/21





Order of the General Court of 18 July 2011 — Marcuccio v Commission
(Case T-450/10 P) (1)

(Appeal - Civil service - Officials - Reasonable period of time within which to bring a damages claim - Lateness - Appeal partly manifestly inadmissible and partly manifestly unfounded)
2011/C 282/42
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) of 9 July 2010 in Case F-91/09 Marcuccio v Commission, not yet published in the ECR, and seeking to annul that order.

Operative part of the order:







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is to bear his own costs and those incurred by the European Commission in the present proceedings.






(1)  OJ C 317, 20.11.2010.
Case C-377/11: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña (Spain) lodged on 18 July 2011 — International Bingo Technology, S.A. v Tribunal Económico Administrativo Regional de Cataluña (TEARC)
Date: 2011-07-18
Institutions: Court of Justice
Subjects: VAT, game of chance, tax harmonisation








C_2011290EN.01000202.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/2





Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña (Spain) lodged on 18 July 2011 — International Bingo Technology, S.A. v Tribunal Económico Administrativo Regional de Cataluña (TEARC)
(Case C-377/11)
2011/C 290/03
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña

Parties to the main proceedings


Applicant: International Bingo Technology, S.A.

Defendant: Tribunal Económico Administrativo Regional de Cataluña (TEARC)

Questions referred







1.


For the purposes of constituting the chargeable event giving rise to the tax, does the fact that bingo players pay the portion of the card price corresponding to the winnings amount to genuine consumption of goods and services?










2.


For the purposes of the rules governing the denominator used in the calculation of the percentage of the deductible proportion, is Article 11A(1)(a), in conjunction with Articles 17(5) and 19(1), of the Sixth Directive (1) to be interpreted as requiring such a degree of harmonisation that it precludes the adoption in the Member States of different solutions in legislation or case-law with regard to the inclusion in the taxable amount for VAT of the portion of the card price allocated to the payment of winnings?










3.


For the purposes of constituting the denominator used in the calculation of the percentage of the deductible proportion, is Article 11A(1)(a), in conjunction with Articles 17(5) and 19(1), of the Sixth Directive to be interpreted as precluding national case-law which, in the case of the game of bingo, includes in the taxable amount for VAT the amount corresponding to winnings that is paid by players through the purchase of cards?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization 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)
Council Decision of 18 July 2011 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Germany, Hungary and Portugal
Date: 2011-07-18
Institutions: Council of the European Union
Subjects: European Agency for Safety and Health at Work, Germany, Hungary, Portugal, appointment of members








C_2011217EN.01002701.xml










23.7.2011   


EN


Official Journal of the European Union


C 217/27





COUNCIL DECISION
of 18 July 2011
appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Germany, Hungary and Portugal
2011/C 217/07
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
Having regard to the list of proposed candidates for appointment submitted to the Council by the Government of Hungary and by the employees' organisations,
Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
Whereas:






(1)


By Decisions of 22 November 2010 (2), 7 March 2011 (3) and 21 March 2011 (4) the Council appointed some members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013.










(2)


The Government of Hungary has submitted nominations for two posts to be filled for Hungary and the employees' organisations have submitted nominations for a number of posts to be filled for Germany and Portugal,




HAS ADOPTED THIS DECISION:
Article 1
The following shall be appointed members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2013:
I.   GOVERNMENT REPRESENTATIVES







Country


Members


Alternate members




Hungary


Mr János GÁDOR


Ms Éva GRÓNAI







II.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS







Country


Members


Alternate members




Germany


Ms Marina SCHRÖDER


Mr Thomas VEIT




Portugal


Mr Fernando José GOMES


 




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

Done at Brussels, 18 July 2011.


For the Council


The President

M. DOWGIELEWICZ




(1)  OJ L 216, 20.8.1994, p. 1.

(2)  OJ C 322, 27.11.2010, p. 3.

(3)  OJ C 83, 17.3.2011, p. 2.

(4)  OJ C 92, 24.3.2011, p. 8.