do-me/EUR-LEX huggingface dataset:
Case C-548/10: Judgment of the Court (Seventh Chamber) of 28 July 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2007/2/EC — Environmental policy — Infrastructure for Spatial Information in the European Community (INSPIRE) — Exchange and updating of data in electronic format — Incomplete transposition)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: Austria, access to information, data collection, environmental policy, geographical information system, information network, national implementing measure








C_2011298EN.01001001.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/10





Judgment of the Court (Seventh Chamber) of 28 July 2011 — European Commission v Republic of Austria
(Case C-548/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2007/2/EC - Environmental policy - Infrastructure for Spatial Information in the European Community (INSPIRE) - Exchange and updating of data in electronic format - Incomplete transposition)
2011/C 298/18
Language of the case: German

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro and C. Egerer, acting as Agents)

Defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or communicate, within the prescribed period, all the measures necessary to comply with Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE) (OJ 2007 L 108, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the period prescribed, all the laws, regulation and administrative provisions necessary to comply with Directive 2007/2/EC of the European Parliament and the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE), the Republic of Austria has failed to fulfil its obligations under that directive;










2.


Orders the Republic of Austria to pay the costs.






(1)  OJ C 30, 29.1.2011.
Non-opposition to a notified concentration (Case COMP/M.6269 — SNCF/HFPS/Wehinger GmbH/Rail Holding)  Text with EEA relevance
Date: 2011-07-28
Institutions: European Commission
Subjects: economic concentration, merger control, rail transport








C_2011222EN.01000102.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/1





Non-opposition to a notified concentration
(Case COMP/M.6269 — SNCF/HFPS/Wehinger GmbH/Rail Holding)
(Text with EEA relevance)
2011/C 222/02
On 20 July 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6269. EUR-Lex is the on-line access to the European law.
Case C-402/11 P: Appeal brought on 28 July 2011 by Jager & Polacek GmbH against the judgment of the General Court (Seventh Chamber) delivered on 12 May 2011 in Case T-488/09 Jager & Polacek GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: EU trade mark, education, leisure, recording equipment, recording medium, telecommunications, trade-mark law








C_2012006EN.01000201.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/2





Appeal brought on 28 July 2011 by Jager & Polacek GmbH against the judgment of the General Court (Seventh Chamber) delivered on 12 May 2011 in Case T-488/09 Jager & Polacek GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-402/11 P)
2012/C 6/02
Language of the case: German

Parties


Appellant: Jager & Polacek GmbH (represented by: A. Renck, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The appellant claims that the Court should:






—


Set aside the judgment of the General Court (Seventh Chamber) of 12 May 2011 in Case T-488/09;










—


Order the defendant at first instance to pay the costs.





Pleas in law and main arguments

The requirement for effective legal protection demands that the disputed communication of the Office for Harmonisation in the Internal Market, by which the appellant’s opposition was declared admissible, be regarded as a decision and that the opposition proceedings be continued. The contrary view of the General Court is legally incorrect and based on judgments of the Court of Justice which do not apply to the present case.
Furthermore, the General Court erred in stating that a communication cannot be a decision. What is correct is, rather, that a decision may also be contained in a communication.
Lastly, the General Court provided insufficient grounds as to why the international registration of the disputed mark is irrelevant as regards the present case.
Case C-106/10: Judgment of the Court (Seventh Chamber) of 28 July 2011 (reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal)) — Lidl & Companhia v Fazenda Pública (Taxation — Directive 2006/112/EC — VAT — Taxable amount — Tax payable on the manufacture, assembly, admission or import of vehicles)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, motor vehicle industry, tax collection








C_2011298EN.01000701.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/7





Judgment of the Court (Seventh Chamber) of 28 July 2011 (reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal)) — Lidl & Companhia v Fazenda Pública
(Case C-106/10) (1)

(Taxation - Directive 2006/112/EC - VAT - Taxable amount - Tax payable on the manufacture, assembly, admission or import of vehicles)
2011/C 298/10
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicant: Lidl & Companhia

Defendant: Fazenda Pública

Intervener: Ministério Público

Re:

Reference for a preliminary ruling — Supremo Tribunal Administrativo — Interpretation of point (a) of the first paragraph of Article 78, read in conjunction with point (c) of the first paragraph of Article 79, of Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Inclusion in the taxable amount for VAT of the amount of the Portuguese ‘imposto sobre veículos’ — Tax on new vehicles payable on the manufacture, assembly, admission or import of vehicles — Tax payable once only, by the operator or vendor of the vehicle, on its introduction onto the Portuguese market

Operative part of the judgment







1.


A tax such as vehicle tax (imposto sobre veículos), at issue in the main proceedings, the chargeable event for which is linked directly to the supply of a vehicle falling within the ambit of that tax and which is paid by the supplier of that vehicle, is covered by the definition of ‘taxes, duties, levies and charges’ for the purpose of point (a) of the first paragraph of Article 78 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and must, pursuant to that provision, be included in the taxable amount for value added tax on the supply of that vehicle.






(1)  OJ C 113, 1.5.2010.
Case C-71/10: Judgment of the Court (Third Chamber) of 28 July 2011 (reference for a preliminary ruling from the Supreme Court of the United Kingdom (United Kingdom) — Office of Communications v Information Commissioner (Public access to environmental information — Directive 2003/4/EC — Article 4 — Exceptions to the right of access — Request for access involving more than one of the interests protected under Article 4(2) of that directive)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: access to EU information, dissemination of information, environmental policy








C_2011298EN.01000602.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/6





Judgment of the Court (Third Chamber) of 28 July 2011 (reference for a preliminary ruling from the Supreme Court of the United Kingdom (United Kingdom) — Office of Communications v Information Commissioner
(Case C-71/10) (1)

(Public access to environmental information - Directive 2003/4/EC - Article 4 - Exceptions to the right of access - Request for access involving more than one of the interests protected under Article 4(2) of that directive)
2011/C 298/09
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties


Respondent: Office of Communications

Appellant: Information Commissioner

Re:

Reference for a preliminary ruling — Supreme Court of the United Kingdom — Interpretation of Article 4(2)(b) and (e) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ 2003 L 41, p. 26) — Exceptions to the right of access — Request for access involving more than one of the interests protected under Article 4(2) of the directive, the adverse effect on each interest being insufficient in itself to justify refusal of access

Operative part of the judgment

Article 4(2) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC must be interpreted as meaning that, where a public authority holds environmental information or such information is held on its behalf, it may, when weighing the public interests served by disclosure against the interests served by refusal to disclose, in order to assess a request for that information to be made available to a natural or legal person, take into account cumulatively a number of the grounds for refusal set out in that provision.


(1)  OJ C 113, 1.5.2010.
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.01000601.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/6





State aid — Decision to raise no objections
2011/C 222/07
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


13 April 2011




Case number


:


69146




Decision number


:


127/11/COL




EFTA State


:


Iceland




Title (and/or name of the beneficiary)


:


Rescue aid scheme involving settlement of claims owned by the Central Bank of Iceland on savings banks




Legal basis


:


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




Type of measure


:


Aid scheme




Objective


:


Remedy a serious disturbance in the economy




Form of aid


:


Settlement of claims




Duration


:


The scheme has been temporarily approved until 30 April 2011




Economic sector


:


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/
State aid — Decision to raise no objections
Date: 2011-07-28
Institutions: European Commission
Subjects: EFTA, Norway, State aid, control of State aid, hire purchase








C_2011222EN.01000701.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/7





State aid — Decision to raise no objections
2011/C 222/08
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


13 April 2011




Case number


:


68438




Decision number


:


125/11/COL




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Lease agreement between Skedsmo municipality and Akershus Energi Varme AS




Form of aid


:


Lease agreement




Budget


:


NOK 16 500 per year




Duration


:


10 years




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/
Case F-74/11: Action brought on 28 July 2011 — ZZ v Commission
Date: 2011-07-28
Institutions: Civil Service Tribunal
Subjects: European Commission, civil servant, termination of a contract








C_2011290EN.01002002.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/20





Action brought on 28 July 2011 — ZZ v Commission
(Case F-74/11)
2011/C 290/29
Language of the case: English

Parties


Applicant: ZZ (represented by: S. Rodriguez, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission

The subject matter and description of the proceedings

The annulment of the Authority Authorised to Conclude Contracts of the Commission terminating the contract of employment of indefinite duration of the applicant.

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Authority Authorised to Conclude Contracts of the Commission, terminating her contract of employment of indefinite duration and, so far as necessary, annul the decision rejecting the complaint;










—


order the Commission to pay the costs.
Call for proposals — DG ENTR No ENT-SAT-11/5397 — Support to international activities: information, training and assistance centres in Latin America
Date: 2011-07-28
Institutions: European Commission
Subjects: Latin America, education, help desk, satellite navigation








C_2011222EN.01001001.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/10





Call for proposals — DG ENTR No ENT-SAT-11/5397
Support to international activities: information, training and assistance centres in Latin America
2011/C 222/11
1.   Objectives and description

Ensure the visibility of the European satellite navigation activities, monitor local satellite navigation initiatives and support the EU satellite navigation industry through support of information, training and assistance centres and activities, in Latin America.
The kind of activities to be supported is:






—


establishment and deployment of a communication strategy with the objective to promote and inform about the results of the European GNSS programmes in the respective third countries and support cooperation,










—


setting-up and management of a website for the duration of the project,










—


promotion of European products through distribution of relevant documentations from EU companies to events,










—


technology watch and in particular issue monthly monitoring reports on the development of navigation satellite systems in the targeted country/region,










—


awareness creation through organisation of seminars that will present opportunities of cooperation through the different instruments available (Seventh Framework Programme for Research),










—


provision of incentives to European SMEs willing to export in cooperation for example with the European Investment Bank,










—


facilitate matchmaking with organisations from the targeted country/region.




2.   Eligible applicants

Applicants should be private or public organisations based in the targeted country/region (Latin America) or based in the European Union with operations in the targeted country/region.
Applicants must be established in one of the following countries:






—


the 27 countries of the European Union,










—


other countries: Brazil, Argentina and Chile.




3.   Budget and project duration

The total budget earmarked for the co-financing of project amounts to EUR 150 000. Financial assistance from the Commission cannot exceed 70 % of the total eligible costs.
This call should co-finance one project.
The maximum grant will be EUR 150 000. For details see Chapter 4 of the call for proposals.
Scheduled start date of the activities is November 2011.
The maximum duration of projects is 24 months.
4.   Deadline

Applications must be sent to the Commission no later than 15 September 2011.
5.   Further information

The full text of the call for proposals and the application forms are available on the following website: http://ec.europa.eu/enterprise/funding/index.htm
Applications must comply with the requirements set out in the full text and be submitted using the form provided.
Case C-270/10: Judgment of the Court (Fifth Chamber) of 28 July 2011 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — proceedings brought by Lotta Gistö (Protocol on the Privileges and Immunities of the European Communities — Article 14, first paragraph — Determination of the domicile for tax purposes of the spouse of a European Union official — National legislation under which a person who has lived abroad for three years is no longer regarded as resident in the country and thus no longer subject to general tax liability)
Date: 2011-07-28
Institutions: Court of Justice
Subjects: Protocol (EU), basis of tax assessment, civil servant, foreign national, legal domicile, married person, tax system








C_2011298EN.01000801.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/8





Judgment of the Court (Fifth Chamber) of 28 July 2011 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — proceedings brought by Lotta Gistö
(Case C-270/10) (1)

(Protocol on the Privileges and Immunities of the European Communities - Article 14, first paragraph - Determination of the domicile for tax purposes of the spouse of a European Union official - National legislation under which a person who has lived abroad for three years is no longer regarded as resident in the country and thus no longer subject to general tax liability)
2011/C 298/13
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Party to the main proceedings


Applicant: Lotta Gistö

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Article 14 (now Article 13) of the Protocol on the Privileges and Immunities of the European Union — Fixing of the residence for tax purposes of officials of the European Union and their spouses not separately engaged in a gainful occupation in the Member State of origin — National legislation laying down a rule for nationals under which, after the expiry of three years from the end of the year in which the national left the country, he is no longer regarded as resident in the country and hence no longer has general tax liability as regards his income

Operative part of the judgment

The first paragraph of Article 14 of the Protocol on the Privileges and Immunities of the European Communities, originally annexed to the Treaty establishing a Single Council and a Single Commission of the European Communities and subsequently, by virtue of the Treaty of Amsterdam, to the EC Treaty, must be interpreted as meaning that the spouse of a person who, solely because that person enters the service of the European Union, establishes his residence in the territory of a Member State other than his Member State of domicile for tax purposes at the time when that person entered the service of the European Union is regarded as having maintained his domicile for tax purposes in the latter Member State if he is not separately engaged in a gainful occupation.


(1)  OJ C 221, 14.8.2010.
State aid — Decision to raise no objections
Date: 2011-07-28
Institutions: European Commission
Subjects: EFTA, Norway, State aid, control of State aid, innovation








C_2011222EN.01000901.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/9





State aid — Decision to raise no objections
2011/C 222/10
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


26 January 2011




Case number


:


69060




Decision number


:


9/11/COL




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Innovation Cluster scheme




Legal basis


:


Article 61(3)(c)




Type of measure


:


Aid scheme




Objective


:


Promotion of innovation




Form of aid


:


Grant




Intensity


:


50 %




Economic sectors


:


All




Name and address of the granting authority


:







Ministry of Local Government and Regional Development




PO Box 8112 Dep.




0032 Oslo




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/
Non-opposition to a notified concentration (Case COMP/M.6291 — CD&R Fund VIII/SPIE)  Text with EEA relevance
Date: 2011-07-28
Institutions: European Commission
Subjects: economic concentration, merger control, provision of services








C_2011222EN.01000101.xml










28.7.2011   


EN


Official Journal of the European Union


C 222/1





Non-opposition to a notified concentration
(Case COMP/M.6291 — CD&R Fund VIII/SPIE)
(Text with EEA relevance)
2011/C 222/01
On 20 July 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6291. EUR-Lex is the on-line access to the European law.