do-me/EUR-LEX huggingface dataset:
Case C-311/10: 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 2007/46/EC — Approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles — Failure to transpose within the period prescribed — Incomplete transposition)
Date: 2011-10-27
Institutions: Court of Justice
Subjects: Community certification, Poland, infringement of EU law, motor vehicle, national implementing measure, vehicle parts








C_2011370EN.01001302.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/13





Judgment of the Court (Sixth Chamber) of 27 October 2011 — European Commission v Republic of Poland
(Case C-311/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2007/46/EC - Approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles - Failure to transpose within the period prescribed - Incomplete transposition)
2011/C 370/20
Language of the case: Polish

Parties


Applicant: European Commission (represented by: G. Zavvos and Ł. Habiak, 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 period prescribed, the provisions necessary to give effect to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ 2007 L 263, p. 1)

Operative part of the judgment

The Court:






1.


Declares that, by failing to communicate to the European Commission the laws, regulations and administrative provisions implementing Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, the Republic of Poland has failed to fulfil its obligations sunder Article 48 of that directive;










2.


Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to implement Directive 2007/46, the Republic of Poland has failed to fulfil its obligations under Article 48 of that directive;










3.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 246, 11.9.2010.
Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents
Date: 2011-10-27
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: directive (EU), exchange of information, national implementing measure, provision of documents








C_2011369EN.01001501.xml










17.12.2011   


EN


Official Journal of the European Union


C 369/15





Joint Political Declaration of 27 October 2011 of the European Parliament, the Council and the Commission on explanatory documents
2011/C 369/03
The institutions acknowledge that the information Member States supply to the Commission as regards the transposition of directives in national law ‘must be clear and precise’ (1), in order to facilitate the achievement by the Commission of its task of overseeing the application of Union law.
Against this background, the European Parliament and the Council welcome the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011.
Consequently, where the need for, and the proportionality of, the transmission of such documents is justified in accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, the Institutions agree to include the following recital in the directive concerned:

‘In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.’

By 1 November 2013, the Commission will report to the European Parliament and to the Council on the implementation of the two Joint Political Declarations on explanatory documents.
The Institutions undertake to apply these principles as from 1 November 2011 to new and pending directive proposals, with the exception of those on which the European Parliament and the Council have already reached an agreement.


(1)  See Judgment of the Court of Justice of 16 July 2009 in case C-427/07, point 107 and the case-law cited therein.
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.01000301.xml










27.10.2011   


EN


Official Journal of the European Union


C 314/3





State aid — Decision to raise no objections
2011/C 314/03
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


18 July 2011




Case number


:


70030




Decision number


:


249/11/COL




EFTA State


:


Norway




Name of the beneficiary


:


Sway Turbine AS




Legal basis


:


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




Type of measure


:


Individual aid




Objective


:


Environmental protection




Form of aid


:


Direct grant




Budget


:


NOK 137,2 million




Intensity


:


57,8 %




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-93/10: Judgment of the Court (Third Chamber) of 27 October 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Essen-NordOst v GFKL Financial Services AG (Sixth VAT Directive — Articles 2(1) and 4 — Scope — Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ — Sale of defaulted debts — Sale price lower than the face value of those debts — Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)
Date: 2011-10-27
Institutions: Court of Justice
Subjects: VAT, claim, economic activity, interpretation of the law, provision of services, selling price








C_2011370EN.01001201.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/12





Judgment of the Court (Third Chamber) of 27 October 2011 (reference for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Essen-NordOst v GFKL Financial Services AG
(Case C-93/10) (1)

(Sixth VAT Directive - Articles 2(1) and 4 - Scope - Concepts of ‘supply of services effected for consideration’ and ‘economic activity’ - Sale of defaulted debts - Sale price lower than the face value of those debts - Assumption of responsibility by the purchaser for the recovery of those debts and for the risk of defaulting debtors)
2011/C 370/17
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Appellant: Finanzamt Essen-NordOst

Respondent: GFKL Financial Services AG

Re:

Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Articles 2(1), 4, 11A(1)(a) and 13B(d)(2) and (3) 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) — Concepts of supply of services for consideration and economic activity — Factoring — Purchase of risky debts at a price calculated by reference to the probability of debtors’ default — Assumption by the factor of responsibility for recovering the debt and the risk of default

Operative part of the judgment

Articles 2(1) and 4 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 must be interpreted as meaning that an operator who, at his own risk, purchases defaulted debts at a price below their face value does not effect a supply of services for consideration within the meaning of Article 2(1) and does not carry out an economic activity falling within the scope of that directive when the difference between the face value of those debts and their purchase price reflects the actual economic value of the debts at the time of their assignment.


(1)  OJ C 134, 22.5.2010.
Case C-530/09: Judgment of the Court (First Chamber) of 27 October 2011 (reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Poznaniu (Republic of Poland)) — Inter-Mark Group Sp. z o.o., Sp. komandytowa w. Poznaniu v Minister Finansów (VAT — Directive 2006/112/EC — Articles 52(a) and 56(1)(b) and (g) — Place of taxable transactions — Place of supply for tax purposes — Design, hiring out and assembly of fair stands)
Date: 2011-10-27
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, provision of services, trade event








C_2011370EN.01001101.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/11





Judgment of the Court (First Chamber) of 27 October 2011 (reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Poznaniu (Republic of Poland)) — Inter-Mark Group Sp. z o.o., Sp. komandytowa w. Poznaniu v Minister Finansów
(Case C-530/09) (1)

(VAT - Directive 2006/112/EC - Articles 52(a) and 56(1)(b) and (g) - Place of taxable transactions - Place of supply for tax purposes - Design, hiring out and assembly of fair stands)
2011/C 370/15
Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny w Poznaniu

Parties to the main proceedings


Applicant: Inter-Mark Group Sp. z o.o., Sp. komandytowa

Defendant: Minister Finansów

Re:

Reference for a preliminary ruling — Wojewódzki Sąd Administracyjny — Interpretation of Articles 52(a) and 56(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Determination of the place of taxation — Classification of a given business activity as a service ancillary to cultural, artistic, sporting, scientific, educational, entertainment or similar activities or as an advertising service — Hiring out of fair stands to exhibitors

Operative part of the judgment

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that a supply of services consisting of the design, temporary provision and, where necessary, the transportation and assembly of a fair or exhibition stand for clients presenting their goods or services at fairs and exhibitions is liable to come within the scope of:






—


Article 56(1)(b) of that directive, in the case where that stand is designed or used for purposes of advertising;










—


Article 52(a) of that directive, in the case where that stand is designed and provided for a specific fair or exhibition on a cultural, artistic, sporting, scientific, educational, entertainment or similar theme, or where that stand corresponds to a model in respect of which the organiser of a specific fair or exhibition has prescribed the form, size, material composition or visual appearance;










—


Article 56(1)(g) of that directive, in the case where the temporary provision, for payment, of the constituent material elements of that stand constitutes a determining element of that supply.






(1)  OJ C 63, 13.3.2010.
Case F-115/11: Action brought on 27 October 2011 — ZZ v EIB
Date: 2011-10-27
Institutions: Civil Service Tribunal
Subjects: European Investment Bank, European civil service, appointment of staff, indemnification








C_2012006EN.01002801.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/28





Action brought on 27 October 2011 — ZZ v EIB
(Case F-115/11)
2012/C 6/53
Language of the case: French

Parties


Applicant: ZZ (represented by: N. Thieltgen, lawyer)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the decision of the President of the EIB not to appoint the applicant but another candidate to the post of head of a division within the EIB and a claim for damages.

Form of order sought







—


Annul the decision of the President of the EIB not to appoint the applicant to the post of Head of the Risk Policy and Pricing Division within the Credit Risk Directorate of the Risk Management Directorate and not to have awarded him the post of Head of the Risk Policy and Pricing Division within the Credit Risk Directorate of the Risk Management Directorate;










—


direct the EIB to take the necessary measures in order to put in place a lawful procedure for filling the post;










—


find the EIB liable vis-à-vis the applicant in respect of the unlawfulness of the decision to appoint another candidate to the contested post;










—


order the EIB to pay compensation to make good the material and non-material damage suffered by the applicant, together with default interest:






—


non-material damage: EUR 50 000;










—


material damage in respect of loss of earnings: EUR 436 100;














—


order the EIB to pay the costs.
Case C-511/09 P: Judgment of the Court (Third Chamber) of 27 October 2011 — Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council of the European Union, European Commission, IML Industria Meccanica Lombarda Srl (Appeal — Dumping — Imports of lever arch mechanisms originating in China — Regulation (EC) No 1136/2006 — Determination of the dumping margin — Comparison between the normal value and the export price — Regulation (EC) No 384/96 — Article 2(7)(a) and 2(10))
Date: 2011-10-27
Institutions: Court of Justice
Subjects: China, anti-dumping duty, anti-dumping legislation, export price, import, office supplies








C_2011370EN.01001001.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/10





Judgment of the Court (Third Chamber) of 27 October 2011 — Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council of the European Union, European Commission, IML Industria Meccanica Lombarda Srl
(Case C-511/09 P) (1)

(Appeal - Dumping - Imports of lever arch mechanisms originating in China - Regulation (EC) No 1136/2006 - Determination of the dumping margin - Comparison between the normal value and the export price - Regulation (EC) No 384/96 - Article 2(7)(a) and 2(10))
2011/C 370/14
Language of the case: English

Parties


Appellant: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd (represented by: P. Bentley QC)

Other parties to the proceedings: Council of the European Union (represented by: J.-P. Hix and B. Driessen, acting as Agents, assisted by G. Berrisch, Rechtsanwalt), European Commission (represented by H. van Vliet and C. Clyne, acting as Agents), IML Industria Meccanica Lombarda Srl (R. Bierwagen, Rechtsanwalt)

Re:

Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 in Case T-296/06 Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council, by which it dismissed an application for partial annulment of Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People’s Republic of China (OJ 2006 L 205, p. 1) — Determination of the dumping margin

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Dongguan Nanzha Leco Stationery Mfg. Co., Ltd to pay, in addition to its own costs, those incurred by the Council of the European Union and by IML Industria Meccanica Lombarda Srl;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 37, 13.2.2010.