do-me/EUR-LEX huggingface dataset:
Case C-559/10: Judgment of the Court (Eighth Chamber) of 27 October 2011 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium)) — Deli Ostrich NV v Belgische Staat (Common Customs Tariff — Combined Nomenclature — Tariff classification — Frozen camel meat not from farm-raised animals — Classification under subheading 02089040 (other game meat) or 02089095 (other))
Date: 2011-10-27
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, game meat, interpretation of the law, tariff nomenclature








C_2011370EN.01001502.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/15





Judgment of the Court (Eighth Chamber) of 27 October 2011 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium)) — Deli Ostrich NV v Belgische Staat
(Case C-559/10) (1)

(Common Customs Tariff - Combined Nomenclature - Tariff classification - Frozen camel meat not from farm-raised animals - Classification under subheading 0208 90 40 (other game meat) or 0208 90 95 (other))
2011/C 370/24
Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Antwerpen

Parties to the main proceedings


Applicant: Deli Ostrich NV

Defendant: Belgische Staat

Re:

Reference for a preliminary ruling — Rechtbank van eerste aanleg te Antwerpen — Common Customs Tariff — Tariff headings — Camel meat not from farm-raised animals — Classification under subheading 0208 90 40 (game) or 0208 90 95 (other)?

Operative part of the judgment

The Combined Nomenclature constituting Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1549/2006 of 17 October 2006, must be interpreted as meaning that camel meat must be classified under subheading 0208 90 40 as ‘other game meat’ if the camels from which that meat comes lived in the wild and were hunted.


(1)  OJ C 55, 19.2.2011.
Case C-255/09: Judgment of the Court (Third Chamber) of 27 October 2011 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Article 49 EC — Social security — Restriction of the freedom to provide services — Non-hospital medical expenses incurred in another Member State — No reimbursement or reimbursement subject to prior authorisation)
Date: 2011-10-27
Institutions: Court of Justice
Subjects: Portugal, freedom to provide services, health expenditure, infringement of EU law, redemption, social security








C_2011370EN.01000901.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/9





Judgment of the Court (Third Chamber) of 27 October 2011 — European Commission v Portuguese Republic
(Case C-255/09) (1)

(Failure of a Member State to fulfil obligations - Article 49 EC - Social security - Restriction of the freedom to provide services - Non-hospital medical expenses incurred in another Member State - No reimbursement or reimbursement subject to prior authorisation)
2011/C 370/12
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: E. Traversa and M. França, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, M.L. Duarte, A. Veiga Correia and by P. Oliveira, acting as Agents)

Interveners in support of the defendant: Republic of Finland (represented by A. Guimaraes-Purokoski, acting as Agent), Kingdom of Spain (represented by J.M. Rodríguez Cárcamo, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Reimbursement of non-hospital medical expenses incurred abroad — Prior authorisation — Restrictive conditions

Operative part of the judgment

The Court:






1.


Declares that the Portuguese Republic has failed to fulfil its obligations under Article 49 EC by making no provision for reimbursement in respect of non-hospital medical care provided in another Member State which does not involve the use of major and costly equipment exhaustively listed in the national legislation, other than in the circumstances specified in Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 1992/2006 of the European Parliament and of the Council of 18 December 2006, or, to the extent that Decree-Law No 177/92 of 13 August 1992 laying down the conditions for reimbursement of medical expenses incurred abroad allows the reimbursement of such expenses, by making reimbursement subject to prior authorisation;










2.


Orders the Portuguese Republic and the European Commission to bear their own costs;










3.


Orders the Kingdom of Spain and the Republic of Finland to bear their own costs.






(1)  OJ C 205, 29.8.2009.
Commission Regulation (EU) No 1099/2011 of 27 October 2011 establishing a prohibition of fishing for plaice in VIIf and VIIg by vessels flying the flag of Belgium
Date: 2011-10-27
Institutions: European Commission
Subjects: Belgium, EU waters, catch quota, fishing rights, sea fish, ship's flag








L_2011285EN.01000801.xml










1.11.2011   


EN


Official Journal of the European Union


L 285/8








            COMMISSION REGULATION (EU) No 1099/2011
of 27 October 2011
         
establishing a prohibition of fishing for plaice in VIIf and VIIg by vessels flying the flag of Belgium


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

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, 27 October 2011.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 24, 27.1.2011, p. 1.




ANNEX






No


59/T&Q




Member State


Belgium




Stock


PLE/7FG.




Species


Plaice (Pleuronectes platessa)




Zone


VIIf and VIIg




Date


1.10.2011
Case C-362/10: Judgment of the Court (Sixth Chamber) of 27 October 2011 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 2003/98/EC — Re-use of public sector information — Incorrect transposition of or failure to transpose certain articles within the period prescribed)
Date: 2011-10-27
Institutions: Court of Justice
Subjects: access to information, data collection, dissemination of information, infringement of EU law, national implementing measure, public sector








C_2011370EN.01001401.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/14





Judgment of the Court (Sixth Chamber) of 27 October 2011 — European Commission v Republic of Poland
(Case C-362/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/98/EC - Re-use of public sector information - Incorrect transposition of or failure to transpose certain articles within the period prescribed)
2011/C 370/21
Language of the case: Polish

Parties


Applicant: European Commission (represented by: S. La Pergola and K. Herrmann, acting as Agents)

Defendant: Republic of Poland (represented by: M. Szpunar, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Articles 2, 3, 4, 6, 7, 8, 10 and 11 of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90)

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 transpose into the Polish legal order Articles 2 to 4, 6 to 8, 10 and 11 of Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, the Republic of Poland has failed to fulfil its obligations under those articles;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 301, 6.11.2010.
Euro exchange rates
Date: 2011-10-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2011314EN.01000101.xml










27.10.2011   


EN


Official Journal of the European Union


C 314/1





Euro exchange rates (1)

26 October 2011
2011/C 314/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3927




JPY


Japanese yen


105,67




DKK


Danish krone


7,4445




GBP


Pound sterling


0,87190




SEK


Swedish krona


9,0967




CHF


Swiss franc


1,2193




ISK


Iceland króna


 




NOK


Norwegian krone


7,6800




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,927




HUF


Hungarian forint


297,86




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7043




PLN


Polish zloty


4,3718




RON


Romanian leu


4,3288




TRY


Turkish lira


2,4577




AUD


Australian dollar


1,3423




CAD


Canadian dollar


1,4114




HKD


Hong Kong dollar


10,8257




NZD


New Zealand dollar


1,7479




SGD


Singapore dollar


1,7658




KRW


South Korean won


1 576,47




ZAR


South African rand


11,0917




CNY


Chinese yuan renminbi


8,8492




HRK


Croatian kuna


7,4830




IDR


Indonesian rupiah


12 359,71




MYR


Malaysian ringgit


4,3766




PHP


Philippine peso


60,158




RUB


Russian rouble


42,5750




THB


Thai baht


42,895




BRL


Brazilian real


2,4459




MXN


Mexican peso


18,7532




INR


Indian rupee


68,9490






(1)  Source: reference exchange rate published by the ECB.
2011/705/CFSP: Council Decision 2011/705/CFSP of 27 October 2011 repealing Decision 2010/145/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
Date: 2011-10-27
Institutions: Council of the European Union
Subjects: International Criminal Tribunal, Yugoslavia, economic sanctions, war crime








L_2011281EN.01002701.xml










28.10.2011   


EN


Official Journal of the European Union


L 281/27








            COUNCIL DECISION 2011/705/CFSP
of 27 October 2011
         
repealing Decision 2010/145/CFSP renewing 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 29 thereof,

Whereas:







(1)


On 8 March 2010, the Council adopted Decision 2010/145/CFSP (1) renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY). That Decision expires on 16 March 2012.












(2)


The aim of Decision 2010/145/CFSP is to prevent the entry into, or the transit through the territories of the Member States by persons who are engaged in activities which help persons at large to continue to evade justice for crimes for which the ICTY has indicted them or are otherwise acting in a manner which could obstruct the ICTY’s effective implementation of its mandate.












(3)


On 22 July 2011, Goran HADZIC was transferred into the custody of the ICTY. He was the last ICTY indictee still at large.












(4)


Decision 2010/145/CFSP should therefore be repealed,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2010/145/CFSP is hereby repealed.


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




Done at Luxembourg, 27 October 2011.


For the Council


The President

J. MILLER
            





(1)  
            OJ L 58, 9.3.2010, p. 8.
Case C-504/10: Judgment of the Court (Seventh Chamber) of 27 October 2011 (reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky (Slovakia)) — Tanoarch s.r.o. v Daňové riaditeľstvo Slovenskej republiky (Taxation — VAT — Right of deduction — Assignment of a share in the rights relating to an invention, held by a number of undertakings, to an undertaking which has the right to use that invention in its entirety — Abusive practice)
Date: 2011-10-27
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, patents licence, restriction on competition, tax harmonisation, tax relief, tax system








C_2011370EN.01001501.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/15





Judgment of the Court (Seventh Chamber) of 27 October 2011 (reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky (Slovakia)) — Tanoarch s.r.o. v Daňové riaditeľstvo Slovenskej republiky
(Case C-504/10) (1)

(Taxation - VAT - Right of deduction - Assignment of a share in the rights relating to an invention, held by a number of undertakings, to an undertaking which has the right to use that invention in its entirety - Abusive practice)
2011/C 370/23
Language of the case: Slovak

Referring court

Najvyšší súd Slovenskej republiky

Parties to the main proceedings


Applicant: Tanoarch s.r.o.

Defendant: Daňové riaditeľstvo Slovenskej republiky

Re:

Reference for a preliminary ruling — Najvyšší súd Slovenskej republiky — Interpretation of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation 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), and in particular Article 2(1) thereof — Transfer of some of the rights over an invention, held by various undertakings, to an undertaking already having the right to use the said invention in its entirety — Possible existence of a right to deduct input tax

Operative part of the judgment







1.


A taxpayer may, in principle, claim a right of deduction of input VAT paid or payable for the supply of a service, carried out for consideration, where the applicable national law permits the assignment of a share of the co-ownership of an invention which confers rights relating to the invention.










2.


It is for the referring court to establish, taking into account all the factual circumstances characterising the supply of the service in the case in the main proceedings, whether or not there has been an abuse of rights with regard to the right of deduction of input VAT.






(1)  OJ C 46, 12.2.2011.
State aid — Decision to raise no objections
Date: 2011-10-27
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, State aid, control of State aid, environmental protection








C_2011314EN.01000401.xml










27.10.2011   


EN


Official Journal of the European Union


C 314/4





State aid — Decision to raise no objections
2011/C 314/04
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


18 July 2011




Case number


:


68562




Decision number


:


248/11/COL




EFTA State


:


Norway




Title


:


The Norwegian Energy Fund scheme




Legal basis


:


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




Type of measure


:


Aid scheme




Objective


:


Environmental protection




Form of aid


:


Direct grants




Budget


:


NOK 1 865 million




Duration


:


18 July 2011-31 December 2016




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/
Case C-601/10: Judgment of the Court (Sixth Chamber) of 27 October 2011 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Directives 92/50/EEC and 2004/18/EC — Public service contracts — Additional land registry and town planning services — Negotiated procedure without prior publication of a contract notice)
Date: 2011-10-27
Institutions: Court of Justice
Subjects: Greece, award of contract, display, infringement of EU law, invitation to tender, land register, services contract, town planning








C_2011370EN.01001503.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/15





Judgment of the Court (Sixth Chamber) of 27 October 2011 — European Commission v Hellenic Republic
(Case C-601/10) (1)

(Failure of a Member State to fulfil obligations - Directives 92/50/EEC and 2004/18/EC - Public service contracts - Additional land registry and town planning services - Negotiated procedure without prior publication of a contract notice)
2011/C 370/25
Language of the case: Greek

Parties


Applicant: European Commission (represented by: M. Patakia and D. Kukovec, acting as Agents)

Defendant: Hellenic Republic (represented by: S. Chala and D. Tsagkaraki, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 8 and 11(3) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) and of Articles 20 and 31(4) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) — Award of a contract without prior publication of a contract notice — Contract relating to additional land-registry and town-planning services — Municipalities of Vasilika, Kassandra, Egnatia and Arethousa

Operative part of the judgment

The Court:






1.


Declares that, by having awarded, by means of a negotiated procedure without prior publication of a contract notice, public contracts for additional land registry and town planning services which do not appear in the initial contract concluded by the municipalities of Vasilika, Kassandra, Egnatia and Arethousa, the Hellenic Republic has failed to fulfil its obligations under Articles 8 and 11(3) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, as amended by Directive 97/52/EC of the European Parliament and of the Council of 13 October 1997, and Articles 20 and 31(4) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 63, 26.2.2011.
State aid — Decision to raise no objections
Date: 2011-10-27
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, State aid, control of State aid, electrical energy, energy production, environmental protection








C_2011314EN.01000201.xml










27.10.2011   


EN


Official Journal of the European Union


C 314/2





State aid — Decision to raise no objections
2011/C 314/02
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


6 April 2011




Case number


:


69352




Decision number


:


110/11/COL




EFTA State


:


Norway




Name of the beneficiary


:


Midtfjellet Vindkraft AS




Type of measure


:


Individual aid under the Energy Fund Scheme, subject to a detailed assessment under the EFTA Surveillance Authority’s Guidelines on State aid for environmental protection




Scheme


:


The Energy Fund scheme approved by the EFTA Surveillance Authority with Decision No 125/06/COL on 3 May 2006




Objective


:


Environmental protection




Form of aid


:


Grant




Aid amount


:


NOK 346,5 million




Economic sector


:


Electricity production




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/
Commission Implementing Regulation (EU) No 1098/2011 of 27 October 2011 entering a name in the register of protected designations of origin and protected geographical indications (金乡大蒜 (Jinxiang Da Suan) (PGI))
Date: 2011-10-27
Institutions: European Commission
Subjects: China, bulb vegetable, designation of origin, product designation




L_2011285EN.01000601.xml










1.11.2011   


EN


Official Journal of the European Union


L 285/6








            COMMISSION IMPLEMENTING REGULATION (EU) No 1098/2011
of 27 October 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (

 (Jinxiang Da Suan) (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, the application of the People’s Republic of China to register the name ‘



 (Jinxiang Da Suan)’ 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, 27 October 2011.


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

Member of the Commission






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

(2)  
            OJ C 37, 5.2.2011, p. 20.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

THE PEOPLE’S REPUBLIC OF CHINA



 (Jinxiang Da Suan) (PGI)