do-me/EUR-LEX huggingface dataset:
Case C-425/11: Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany) lodged on 16 August 2011 — Katja Ettwein v Finanzamt Konstanz
Date: 2011-08-16
Institutions: Court of Justice
Subjects: Germany, Switzerland, basis of tax assessment, free movement of persons, married person, tax relief, taxable income








C_2011331EN.01000801.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/8





Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany) lodged on 16 August 2011 — Katja Ettwein v Finanzamt Konstanz
(Case C-425/11)
2011/C 331/12
Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings


Applicant: Katja Ettwein

Defendant: Finanzamt Konstanz

Question referred

Are the provisions of the Agreement of 21 June 1999 (1) between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (BGBl. II 2001, 810 et seq.), which was passed as a Law by the Bundestag on 2 September (BGBl. II 2001, 810) and entered into force on 1 June (‘the Agreement on free movement’), in particular Articles 1, 2, 11, 16 and 21 thereof and Articles 9, 13 and 15 of Annex I thereto, to be interpreted as precluding a rule under which spouses who live in Switzerland and are subject to taxation in the Federal Republic of Germany on their entire taxable income cannot be granted joint assessment, regard being had to the ‘splitting’ regime?


(1)  Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Final Act — Joint Declarations — Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products, OJ 2002 L 114, p. 6.
Case C-427/11: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 16 August 2011 — Margaret Kenny and others v Minister for Justice, Equality and Law Reform, Minister for Finance, Commissioner of An Garda Síochána
Date: 2011-08-16
Institutions: Court of Justice
Subjects: equal pay, labour law, sexual discrimination








C_2011311EN.01002501.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/25





Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 16 August 2011 — Margaret Kenny and others v Minister for Justice, Equality and Law Reform, Minister for Finance, Commissioner of An Garda Síochána
(Case C-427/11)
2011/C 311/41
Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings


Applicants: Margaret Kenny, Patricia Quinn, Nuala Condon, Eileen Norton, Ursula Ennis, Loretta Barrett, Joan Healy, Kathleen Coyne, Sharon Fitzpatrick, Breda Fitzpatrick, Sandra Hennelly, Marian Troy, Antoinette Fitzpatrick, Helena Gatley

Defendants: Minister for Justice, Equality and Law Reform, Minister for Finance, Commissioner of An Garda Síochána

Questions referred







1.


In circumstances where there is prima facie indirect gender discrimination in pay, in breach of Article 141 (now Article 157 TFEU) and Council Directive 75/117/EEC (1), in order to establish objective justification, does the employer have to provide:






(a)


Justification in respect of the deployment of the comparators in the posts occupied by them;










(b)


Justification of the payment of a higher rate of pay to the comparators; or










(c)


Justification of the payment of a lower rate of pay to the complainants?














2.


In circumstances where there is prima facie indirect gender discrimination in pay, in order to establish objective justification, does the employer have to provide justification in respect of:






(a)


The specific comparators cited by the complainants and/or










(b)


The generality of comparator posts?














3.


If the answer to Question 2(b) is in the affirmative, is objective justification established notwithstanding that such justification does not apply to the chosen comparators?










4.


Did the Labour Court, as a matter of Community Law, err in accepting that the ‘interests of good industrial relations’ could be taken into account in the determination of whether the employer could objectively justify the difference in pay?










5.


In circumstances where there is prima facie indirect gender discrimination in pay, can objective justification be established by reliance on the industrial relations concerns of the respondent? Should such concerns have any relevance to an analysis of objective justification?






(1)  Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women
OJ L 45, p. 19
Commission Implementing Regulation (EU) No 822/2011 of 16 August 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2011-08-16
Institutions: European Commission
Subjects: common organisation of markets, fruit, import (EU), import price, vegetable








L_2011209EN.01003901.xml










17.8.2011   


EN


Official Journal of the European Union


L 209/39








            COMMISSION IMPLEMENTING REGULATION (EU) No 822/2011
of 16 August 2011
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 17 August 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 August 2011.


For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 157, 15.6.2011, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0707 00 05 


TR 


105,8 




ZZ 


105,8 




0709 90 70 


TR 


116,3 




ZZ 


116,3 




0805 50 10 


AR 


78,3 




CL 


75,4 




TR 


61,0 




UY 


47,4 




ZA 


73,9 




ZZ 


67,2 




0806 10 10 


EG 


136,4 




TR 


153,4 




ZZ 


144,9 




0808 10 80 


AR 


164,4 




BR 


66,9 




CA 


98,2 




CL 


115,6 




CN 


71,5 




NZ 


105,3 




US 


167,9 




ZA 


97,4 




ZZ 


110,9 




0808 20 50 


AR 


162,9 




CL 


81,6 




CN 


49,3 




NZ 


115,4 




ZA 


130,0 




ZZ 


107,8 




0809 30 


TR 


143,3 




ZZ 


143,3




0809 40 05 


BA 


52,7 




ZZ 


52,7 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.