do-me/EUR-LEX huggingface dataset:
Case C-309/10: Judgment of the Court (Eighth Chamber) of 28 July 2011 (reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)) — Agrana Zucker GmbH v Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft (Sugar — Temporary scheme for the restructuring of the sugar industry in the European Community — Regulation (EC) No 320/2006 — Article 11 — Revenue surplus in the restructuring fund — Assignment to the EAGF — Principle of conferral and principle of proportionality — Obligation to state reasons — Unjust enrichment)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, aid for restructuring, sugar








C_2011298EN.01000901.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/9





Judgment of the Court (Eighth Chamber) of 28 July 2011 (reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)) — Agrana Zucker GmbH v Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft
(Case C-309/10) (1)

(Sugar - Temporary scheme for the restructuring of the sugar industry in the European Community - Regulation (EC) No 320/2006 - Article 11 - Revenue surplus in the restructuring fund - Assignment to the EAGF - Principle of conferral and principle of proportionality - Obligation to state reasons - Unjust enrichment)
2011/C 298/15
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Agrana Zucker GmbH

Defendant: Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof — Interpretation of Article 11 of 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 (OJ 2006 L 58, p. 42) — Levying of a temporary restructuring amount in a situation in which the temporary restructuring fund shows a considerable surplus and there appears to be no prospect of an increase in financing requirements — Equivalent to introduction of a general tax — Infringement of the principle of conferred powers

Operative part of the judgment







1.


Article 11 of 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 is to be interpreted as meaning that the temporary amount must be raised in full, even if there were to be a revenue surplus in the temporary restructuring fund.










2.


The examination of the second question referred for a preliminary ruling has not revealed anything which might affect the validity of Article 11 of Regulation No 320/2006.






(1)  OJ C 260, 25.9.2010.
Case C-133/10: Judgment of the Court (Fifth Chamber) of 28 July 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2005/81/EC — Transparency of financial relations between Member States and public undertakings — Undertaking subject to the obligation of keeping separate accounts — Non-transposition within the period prescribed)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: Belgium, EU Member State, administrative transparency, economic relations, national implementing measure, public sector








C_2011298EN.01000702.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/7





Judgment of the Court (Fifth Chamber) of 28 July 2011 — European Commission v Kingdom of Belgium
(Case C-133/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/81/EC - Transparency of financial relations between Member States and public undertakings - Undertaking subject to the obligation of keeping separate accounts - Non-transposition within the period prescribed)
2011/C 298/11
Language of the case: French

Parties


Applicant: European Commission (represented by: V. Peere and K. Walkerová, acting as Agents)

Defendant: Kingdom of Belgium (represented by: M. Jacobs and J.-C. Halleux, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, all the provisions necessary to comply with Commission Directive 2005/81/EC of 28 November 2005 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (OJ 2005 L 312, p. 47)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/81/EC of 28 November 2005 amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 148, 5.6.2010.
Case C-274/10: Judgment of the Court (Third Chamber) of 28 July 2011 — European Commission v Republic of Hungary (Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Right to deduct — Procedures for exercise — Article 183 — National legislation allowing the refund of VAT excess only if it exceeds the amount of input tax corresponding to transactions not yet paid for)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: Hungary, VAT, tax rebate, tax relief








C_2011298EN.01000802.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/8





Judgment of the Court (Third Chamber) of 28 July 2011 — European Commission v Republic of Hungary
(Case C-274/10) (1)

(Failure of a Member State to fulfil obligations - Taxation - VAT - Directive 2006/112/EC - Right to deduct - Procedures for exercise - Article 183 - National legislation allowing the refund of VAT excess only if it exceeds the amount of input tax corresponding to transactions not yet paid for)
2011/C 298/14
Language of the case: Hungarian

Parties


Applicant: European Commission (represented by: D. Triantafyllou, B. Simon, and by K. Talabér-Ritz, Agents)

Defendant: Republic of Hungary (represented by: M. Fehér, K. Szíjjártó, G. Koós, Agents, assisted by K. Magony, szakértő)

Re:

Failure of a State to fulfil obligations — Infringement of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — National legislation allowing the refund of VAT excess only if it exceeds the amount of tax corresponding to transactions not yet paid for — Breach of the principle of tax neutrality

Operative part of the judgment







1.


The Republic of Hungary,






—


by requiring taxable persons whose tax declaration for a given tax period records an ‘excess’ within the meaning of Article 183 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax to carry forward that excess or a part of it to the following tax year where the taxable person has not paid the supplier the full amount for the purchase in question, and










—


because, as a result of that requirement, certain taxable persons whose tax declarations regularly record such an ‘excess’ may be required more than once to carry forward the excess to the following tax year,




has failed to fulfil its obligations under that directive.










2.


Orders the Republic of Hungary to pay the costs.






(1)  OJ C 221, 14.8.2010.
Prior notification of a concentration (Case COMP/M.6302 — F2i/AXA Funds/G6 Rete Gas)  Text with EEA relevance
Date: 2011-07-28
Institutions: European Commission
Subjects: economic concentration, gas industry, investment company, merger control








C_2011222EN.01001901.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/19





Prior notification of a concentration
(Case COMP/M.6302 — F2i/AXA Funds/G6 Rete Gas)
(Text with EEA relevance)
2011/C 222/13






1.


On 18 July 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which F2i Fondi Italiani per le Infrasrutture S.G.R. SpA (‘F2i’, Italy), acting on behalf of F2i — Fondo Italiano per le Infrastrutture, and three investment funds — namely AXA Infrastructure Investissement SAS, AXA UK Infrastructure Investment SAS, and AXA Infrastructure Partners FCPR (jointly referred to as the ‘AXA Funds’) — indirectly managed by AXA Private Equity (‘AXA PE’, France), which is part of the AXA Group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over G6 Rete Gas SpA (‘G6 Rete Gas’, Italy), currently owned by GDF Suez Energia Italia SpA, which is part of the GDF Suez Group, by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for F2i: asset management company,










—


for AXA PE: active in the asset management business and part of the AXA Group,










—


for G6 Rete Gas: provision of gas distribution and ancillary services, holding distribution concessions in 474 Italian municipalities.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6302 — F2i/AXA Funds/G6 Rete Gas, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
2011/478/CFSP: Council Decision 2011/478/CFSP of 28 July 2011 extending the mandate of the European Union Special Representative in Kosovo
Date: 2011-07-28
Institutions: Council of the European Union
Subjects: EU relations, Kosovo, appointment of members, diplomatic representation




L_2011197EN.01001201.xml










29.7.2011   


EN


Official Journal of the European Union


L 197/12








            COUNCIL DECISION 2011/478/CFSP
of 28 July 2011
         
extending the mandate of the European Union Special Representative in Kosovo (1)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular Articles 28, 31(2) and 33 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2) and Joint Action 2008/123/CFSP (3) appointing Mr Pieter FEITH as the European Union Special Representative (EUSR) in Kosovo.












(2)


On 5 May 2011, the Council adopted Decision 2011/270/CFSP (4) appointing Mr Fernando GENTILINI as the EUSR in Kosovo until 31 July 2011.












(3)


The mandate of the EUSR should be extended until 30 September 2011.












(4)


The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Union’s external action as set out in Article 21 of the Treaty,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2011/270/CFSP is hereby amended as follows:






(1)


Article 1 is replaced by the following:

‘Article 1
European Union Special Representative
Mr Fernando GENTILINI is hereby appointed as the European Union Special Representative (EUSR) in Kosovo from 1 May 2011 until 30 September 2011. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).’;











(2)


Article 5(1) is replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 May 2011 to 30 September 2011 shall be EUR 690 000.’.







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




Done at Brussels, 28 July 2011.


For the Council


The President

M. DOWGIELEWICZ
            





(1)  Under United Nations Security Council Resolution 1244 (1999).

(2)  
            OJ L 42, 16.2.2008, p. 92.

(3)  
            OJ L 42, 16.2.2008, p. 88.

(4)  
            OJ L 119, 7.5.2011, p. 12.
Euro exchange rates
Date: 2011-07-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2011222EN.01000201.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/2





Euro exchange rates (1)

27 July 2011
2011/C 222/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4446




JPY


Japanese yen


112,46




DKK


Danish krone


7,4525




GBP


Pound sterling


0,88310




SEK


Swedish krona


9,0632




CHF


Swiss franc


1,1586




ISK


Iceland króna


 




NOK


Norwegian krone


7,7615




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,285




HUF


Hungarian forint


268,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


4,0058




RON


Romanian leu


4,2308




TRY


Turkish lira


2,4399




AUD


Australian dollar


1,3087




CAD


Canadian dollar


1,3625




HKD


Hong Kong dollar


11,2550




NZD


New Zealand dollar


1,6530




SGD


Singapore dollar


1,7366




KRW


South Korean won


1 517,64




ZAR


South African rand


9,6111




CNY


Chinese yuan renminbi


9,3080




HRK


Croatian kuna


7,4600




IDR


Indonesian rupiah


12 252,42




MYR


Malaysian ringgit


4,2601




PHP


Philippine peso


60,902




RUB


Russian rouble


39,6750




THB


Thai baht


42,962




BRL


Brazilian real


2,2453




MXN


Mexican peso


16,8134




INR


Indian rupee


63,6850






(1)  Source: reference exchange rate published by the ECB.
Case C-399/11: Reference for a preliminary ruling from the Tribunal Constitucional, Madrid (Spain) lodged on 28 July 2011 — Criminal proceedings against Stefano Melloni — other party: Ministerio Fiscal
Date: 2011-07-28
Institutions: Court of Justice
Subjects: European arrest warrant, interpretation of the law, rights of the defence








C_2011290EN.01000502.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/5





Reference for a preliminary ruling from the Tribunal Constitucional, Madrid (Spain) lodged on 28 July 2011 — Criminal proceedings against Stefano Melloni — other party: Ministerio Fiscal
(Case C-399/11)
2011/C 290/08
Language of the case: Spanish

Referring court

Tribunal Constitucional

Parties to the main proceedings


Criminal proceedings against: Stefano Melloni

Other party: Ministerio Fiscal

Questions referred







1.


Must Article 4a(1) of Framework Decision 2002/584/JHA (1), as inserted by Council Framework Decision 2009/299/JHA (2), be interpreted as precluding national judicial authorities, in the circumstances specified in that provision, from making the execution of a European arrest warrant conditional upon the conviction in question being open to review, in order to guarantee the rights of defence of the person requested under the warrant?










2.


In the event of the first question being answered in the affirmative, is Article 4a(1) of Framework Decision 2002/584/JHA compatible with the requirements deriving from the right to an effective judicial remedy and to a fair trial, provided for in Article 47 of the Charter of Fundamental Rights of the European Union, and from the rights of defence guaranteed under Article 48(2) of the Charter?










3.


In the event of the second question being answered in the affirmative, does Article 53, interpreted systematically in conjunction with the rights recognised under Articles 47 and 48 of the Charter, allow a Member State to make the surrender of a person convicted in absentia conditional upon the conviction being open to review in the requesting State, thus affording those rights a greater level of protection than that deriving from European Union law, in order to avoid an interpretation which restricts or adversely affects a fundamental right recognised by the Constitution of the first-mentioned Member State?






(1)  Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).

(2)  Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ 2009 L 81, p. 24).
State aid — Decision to raise no objections
Date: 2011-07-28
Institutions: European Commission
Subjects: EFTA, Iceland, State aid, control of State aid, economic recession, financial institution








C_2011222EN.01000801.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/8





State aid — Decision to raise no objections
2011/C 222/09
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


13 April 2011




Case number


:


69666




Decision number


:


126/11/COL




EFTA State


:


Iceland




Title


:


State aid for the establishment and capitalisation of Byr hf.




Legal basis


:


Article 61(3)(b) of the EEA Agreement




Objective


:


Remedy a serious disturbance in the economy




Form of aid


:


Initial share capital and subordinated loan facility




Duration


:


The aid has been temporarily approved until 13 October 2011




Economic sectors


:


Financial sector




Name and address of the granting authority


:







Ministry of Finance




Arnarhvoli




150 Reykjavik




ICELAND








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 ( OJ L 409, 30.12.2006 — corrected version in OJ L 36, 8.2.2007 )
Date: 2011-07-28
Institutions: Council of the European Union
Subjects: Mediterranean Sea, common fisheries policy, conservation of fish stocks, fishery resources, fishing controls








L_2011196EN.01004201.xml










28.7.2011   


EN


Official Journal of the European Union


L 196/42







Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94
(
Official Journal of the European Union L 409 of 30 December 2006
 — corrected version in 
Official Journal of the European Union L 36 of 8 February 2007
)

The following references are to the publication in OJ L 36, 8.2.2007, p. 6:






1.


On page 13, in Article 13(5) and Article 13(11), second indent:




for:

                  ‘… such as the limited size of coastal platforms along the entire coastline …’,
read:

                  ‘… such as the limited size of the continental shelf along the entire coastline …’;






2.


on page 21, Annex II, ‘Requirements relating to the characteristics of fishing gear’, point 2:




for:

                  ‘The length of netting shall be restricted to …’,
read:

                  ‘The length of net shall be restricted to …’.
Case C-400/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 28 July 2011 — Josef Egbringhoff v Stadtwerke Ahaus GmbH
Date: 2011-07-28
Institutions: Court of Justice
Subjects: administrative contract, award of contract, services contract, supplies contract, works contract








C_2011311EN.01001803.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/18





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 28 July 2011 — Josef Egbringhoff v Stadtwerke Ahaus GmbH
(Case C-400/11)
2011/C 311/30
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Josef Egbringhoff

Defendant: Stadtwerke Ahaus GmbH

Question referred

Is Article 3(5) of, in conjunction with point (b) and/or (c) of Annex A to, Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules (1) for the internal market in electricity and repealing Directive 96/92/EC to be interpreted as meaning that a provision of national law on price variations in electricity delivery contracts with domestic customers, who are supplied electricity within the framework of the general duty to supply (standard-rate customers), satisfies the transparency requirements if, in that provision, the grounds, preconditions and scope of the price variation are not stipulated but customers are assured that electricity suppliers will give them sufficient advance notice of any price increases and they have the right to terminate the contract if they are unwilling to accept the amended contractual terms and conditions as communicated?


(1)  Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC — Statements made with regard to decommissioning and waste management activities (OJ 2003 L 176, p. 37).
State aid — Decision to raise no objections
Date: 2011-07-28
Institutions: European Commission
Subjects: EFTA, Norway, State aid, control of State aid, electrical energy, environmental protection








C_2011222EN.01000501.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/5





State aid — Decision to raise no objections
2011/C 222/06
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


15 December 2010




Case number


:


69072




Decision number


:


486/10/COL




EFTA State


:


Norway




Title


:


The prolongation of the Norwegian Energy Fund scheme




Legal basis


:


Parliamentary propositions No 1 S (2009-2010) and 1 S (2010-2011)




Objective


:


Environmental protection: increasing supply of renewable heat and energy, and contributing to energy saving




Form of aid


:


Grants




Budget


:


NOK 1 850 million




Duration


:


1 January 2011-31 December 2011




Economic sectors


:


Energy, electricity




Name and address of the granting authority


:







Enova SF




Professor Borchsgt. 2




7030 Trondheim




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/