do-me/EUR-LEX huggingface dataset:
Case C-388/11: Reference for a preliminary ruling from the Conseil d’Etat lodged on 22 July 2011 — Société le Crédit Lyonnais v Ministre du budget, des comptes publics et de la réforme de l’Etat
Date: 2011-07-22
Institutions: Court of Justice
Subjects: VAT, branch, foreign national, tax system








C_2011298EN.01001302.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/13





Reference for a preliminary ruling from the Conseil d’Etat lodged on 22 July 2011 — Société le Crédit Lyonnais v Ministre du budget, des comptes publics et de la réforme de l’Etat
(Case C-388/11)
2011/C 298/26
Language of the case: French

Referring court

Conseil d’Etat

Parties to the main proceedings


Applicant: Société le Crédit Lyonnais

Defendant: Ministre du budget, des comptes publics et de la réforme de l’Etat

Questions referred







1.


Having regard to the rules on the territorial scope of value added tax, can Article 17(2) and (5) and Article 19 of the Sixth Directive 77/388/EEC (1) be interpreted as meaning that, for calculation of the deductible proportion for which they provide, the principal establishment of a company established in a Member State must take account of the income achieved by each of its branches established in another Member State and, correspondingly, those branches must take account of the totality of income falling within the scope of value added tax achieved by the company?










2.


Must the same solution be adopted for branches established outside the European Union, particularly in the light of the right to deduct provided for by Article 17(3)(a) and (c), in relation to the banking and financial operations referred to in Article 13B(d)(1) to (5), which are carried out for the benefit of customers established outside the Community?










3.


Might the answer to the first two questions vary from one Member State to another, depending on the options made available by the last subparagraph of Article 17(5), particularly with regard to the establishment of different sectors of business?










4.


If the answer to either of the first questions is affirmative, first, is it appropriate to limit the application of a deductible proportion of that kind to calculation of rights to deduct value added tax that has been charged on expenses incurred by the principal establishment for the benefit of foreign branches and, second, must income achieved abroad be taken into account in accordance with the rules applicable in the State of the branch or in the State of the principal establishment?






(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).
Commission Implementing Regulation (EU) No 734/2011 of 22 July 2011 entering a name in the register of protected designations of origin and protected geographical indications (Αρνάκι Ελασσόνας (Arnaki Elassonas) (PDO))
Date: 2011-07-22
Institutions: European Commission
Subjects: Greece, designation of origin, product designation, sheepmeat








L_2011195EN.01003401.xml










27.7.2011   


EN


Official Journal of the European Union


L 195/34








            COMMISSION IMPLEMENTING REGULATION (EU) No 734/2011
of 22 July 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Αρνάκι Ελασσόνας (Arnaki Elassonas) (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Greece’s application to register the name ‘Αρνάκι Ελασσόνας (Arnaki Elassonas)’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th 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, 22 July 2011.


For the Commission, On behalf of the President,
Dacian CIOLOŞ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 307, 12.11.2010, p. 24.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

GREECE
Αρνάκι Ελασσόνας (Arnaki Elassonas) (PDO)
Case C-389/11 P: Appeal brought on 22 July 2011 by Région Nord-Pas-de-Calais against the judgment of the General Court (Eighth Chamber) delivered on 12 May 2011 in Joined Cases T-267/08 and T-279/08 Région Nord-Pas-de-Calais and Communauté d'Agglomération du Douaisis v Commission.
Date: 2011-07-22
Institutions: Court of Justice
Subjects: France, State aid, building materials, control of State aid, rail transport








C_2011290EN.01000401.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/4





Appeal brought on 22 July 2011 by Région Nord-Pas-de-Calais against the judgment of the General Court (Eighth Chamber) delivered on 12 May 2011 in Joined Cases T-267/08 and T-279/08 Région Nord-Pas-de-Calais and Communauté d'Agglomération du Douaisis v Commission.
(Case C-389/11 P)
2011/C 290/06
Language of the case: French

Parties


Appellant: Région Nord-Pas-de-Calais (represented by: M. Cliquennois and F. Cavedon, avocats)

Other parties to the proceedings: Communauté d'Agglomération du Douaisis, European Commission

Form of order sought







—


Set aside the judgment of the General Court of the European Union of 12 May 2011 in Joined Cases T-267/08 and T-279/08;










—


grant the forms of order sought at first instance by the Région Nord-Pas-de-Calais;










—


order the European Commission to pay the costs.





Pleas in law and main arguments

The appellant relies on two grounds in support of its appeal.
First, the Région Nord-Pas-de-Calais claims that the General Court erred in refusing to examine the grounds of complaint against Commission Decision C(2008) 1089 final of 2 April 2008, withdrawn and replaced by Commission Decision C(2010) 4112 final of 23 June 2010, both decisions relating to the same State aid, C 38/2007 (ex NN 45/2007). According to the appellant, the further decision was in fact a response to the written pleadings which the appellant had submitted in its initial action before the General Court, and the appellant was given no opportunity to be heard within a further prior administrative procedure.
Second, the appellant claims an infringement of the rights of the defence and the principle of the right to be heard within the administrative procedure in that the Commission adopted a further decision while absolving itself of the obligation to comply with the essential procedural requirements of that adoption. The Commission altered its analysis on the nature of the State measure at issue and revised the method for the calculation of the reference rates applicable when the State aid in favour of Arbel Fauvet Rail SA was granted.
Commission Implementing Regulation (EU) No 735/2011 of 22 July 2011 entering a name in the register of protected designations of origin and protected geographical indications (Göttinger Stracke (PGI))
Date: 2011-07-22
Institutions: European Commission
Subjects: Germany, designation of origin, meat product, product designation








L_2011195EN.01003601.xml










27.7.2011   


EN


Official Journal of the European Union


L 195/36








            COMMISSION IMPLEMENTING REGULATION (EU) No 735/2011
of 22 July 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Göttinger Stracke (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Göttinger Stracke’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th 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, 22 July 2011.


For the Commission, On behalf of the President,
Dacian CIOLOŞ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 309, 13.11.2010, p. 13.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

GERMANY
Göttinger Stracke (PGI)
Commission Implementing Regulation (EU) No 731/2011 of 22 July 2011 entering a name in the register of protected designations of origin and protected geographical indications (Prosciutto Amatriciano (PGI))
Date: 2011-07-22
Institutions: European Commission
Subjects: Italy, designation of origin, meat product, product designation








L_2011195EN.01002801.xml










27.7.2011   


EN


Official Journal of the European Union


L 195/28








            COMMISSION IMPLEMENTING REGULATION (EU) No 731/2011
of 22 July 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Prosciutto Amatriciano (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Prosciutto Amatriciano’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th 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, 22 July 2011.


For the Commission, On behalf of the President,
Dacian CIOLOŞ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 307, 12.11.2010, p. 21.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

ITALY
Prosciutto Amatriciano (PGI)
Case C-390/11: Reference for a preliminary ruling from the Nejvyšší správní soud lodged on 22 July 2011 — CS AGRO Ronov s.r.o. v Ministerstvo zemědělství
Date: 2011-07-22
Institutions: Court of Justice
Subjects: delivery, farmer, liability, quantitative restriction, sugar beet, supplier, termination of a contract








C_2011311EN.01001801.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/18





Reference for a preliminary ruling from the Nejvyšší správní soud lodged on 22 July 2011 — CS AGRO Ronov s.r.o. v Ministerstvo zemědělství
(Case C-390/11)
2011/C 311/28
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: CS AGRO Ronov s.r.o.

Defendant: Ministerstvo zemědělství

Questions referred







1.


On a proper interpretation of Article 4a(1) of Council Regulation (EC) No 320/2006, as inserted by Council Regulation (EC) No 1261/2007 (1), does the commitment to cease delivery of a certain amount of quota beet to the undertaking with which he has concluded a delivery contract in the preceding marketing year mean a unilateral declaration of the grower that he will not deliver sugar beet in the marketing year 2008/2009, or does that commitment mean the written termination of the contractual relationship of the grower with the sugar company concerning deliveries of sugar beet for the said marketing year?










2.


May the fact that a contractual party uses a step provided for by a directly binding EU legal provision result in the unenforceability of an obligation of that contractual party under a valid private law contract, on condition that, as a result of that fact, the other contractual party is granted funds from the public budget?






(1)  OJ 2007 L 58, p. 42.
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2011-07-22
Institutions: European Commission
Subjects: France, air transport, disclosure of information, inland transport, public service, transport regulations








C_2011216EN.01003101.xml










22.7.2011   


EN


Official Journal of the European Union


C 216/31





Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2011/C 216/11






Member State


France




Route concerned


Le Havre–Lyon (Saint-Exupéry)




Date of entry into force of the public service obligations


The day after the publication of this notice




Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained


Arrêté du 14 juin 2011 modifiant l’arrêté du 4 juin 2009 relatif à l’imposition d’obligations de service public sur les services aériens réguliers entre Le Havre et Lyon (Saint-Exupéry) (Order of 14 June 2011 amending the Order of 4 June 2009 imposing public service obligations in respect of the scheduled air services between Le Havre and Lyon (Saint-Exupéry))
NOR: DEVA1115672A
http://www.legifrance.gouv.fr/initRechTexte.do
For further information please contact:





Direction générale de l'aviation civile




DTA/SDT/T2




50 rue Henry Farman




75720 Paris Cedex 15




FRANCE




Tel. +33 158094321




E-mail: osp-compagnies.dta@aviation-civile.gouv.fr