do-me/EUR-LEX huggingface dataset:
2012/125/EU: Council Decision of 28 February 2012 appointing a Member of the Court of Auditors
Date: 2012-02-28
Institutions: Council of the European Union
Subjects: Spain, appointment of members, member of the Court of Auditors (EU)








L_2012055EN.01001801.xml










29.2.2012   


EN


Official Journal of the European Union


L 55/18








            COUNCIL DECISION
         
of 28 February 2012
         
appointing a Member of the Court of Auditors
(2012/125/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


The term of office of Mr Juan RAMALLO MASSANET is due to expire on 29 February 2012.












(2)


Therefore, a new appointment should be made,





HAS ADOPTED THIS DECISION:



Article 1
Mr Baudilio TOMÉ MUGURUZA is hereby appointed Member of the Court of Auditors for the period from 1 March 2012 to 28 February 2018.


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




Done at Brussels, 28 February 2012.


For the Council


The President

N. WAMMEN
            





(1)  Opinion of 14 February 2012 (not yet published in the Official Journal).
Case T-282/08: Judgment of the General Court of 28 February 2012 — Grazer Wechselseitige Versicherung v Commission (State aid — Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland — Decision declaring the aid to be incompatible with the common market and ordering its recovery — Private investor in a market economy test — Application where the State acts as vendor — Determination of the market price)
Date: 2012-02-28
Institutions: General Court
Subjects: Austria, State aid, bank, control of State aid, privatisation








C_2012109EN.01000902.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/9





Judgment of the General Court of 28 February 2012 — Grazer Wechselseitige Versicherung v Commission
(Case T-282/08) (1)

(State aid - Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland - Decision declaring the aid to be incompatible with the common market and ordering its recovery - Private investor in a market economy test - Application where the State acts as vendor - Determination of the market price)
2012/C 109/20
Language of the case: German

Parties


Applicant: Grazer Wechselseitige Versicherung AG (Graz, Austria) (represented by: H. Wollmann, lawyer)

Defendant: European Commission (represented by: initially V. Kreuschitz, N. Khan and K. Gross and subsequently V. Kreuschitz, N. Khan and T. Maxian Rusche, Agents)

Re:

Application for annulment of Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/06) implemented by Austria for the privatisation of Bank Burgenland (OJ 2008 L 239, p. 32).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Grazer Wechselseitige Versicherung AG to pay the costs.






(1)  OJ C 247, 27.9.2008.
Joined Cases T-268/08 and T-281/08: Judgment of the General Court of 28 February 2012 — Land Burgenland and Austria v Commission (State aid — Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland — Decision declaring the aid to be incompatible with the common market and ordering its recovery — Private investor in a market economy test — Application where the State acts as vendor — Determination of the market price)
Date: 2012-02-28
Institutions: General Court
Subjects: Austria, State aid, bank, control of State aid, privatisation








C_2012109EN.01000901.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/9





Judgment of the General Court of 28 February 2012 — Land Burgenland and Austria v Commission
(Joined Cases T-268/08 and T-281/08) (1)

(State aid - Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland - Decision declaring the aid to be incompatible with the common market and ordering its recovery - Private investor in a market economy test - Application where the State acts as vendor - Determination of the market price)
2012/C 109/19
Language of the case: German

Parties


Applicants: Land Burgenland (Province of Burgenland, Austria), represented by U. Soltész and C. Herbst, lawyers (Case T-268/08); and Republic of Austria, represented by G. Hesse, C. Pesendorfer, E. Riedl, M. Fruhmann and J. Bauer, acting as Agents (Case T-281/08)

Defendant: European Commission, represented initially by V. Kreuschitz, N. Khan and K. Gross, and subsequently by V. Kreuschitz, N. Khan and T. Maxian Rusche, acting as Agents

Re:

Application for annulment of Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/06) implemented by Austria for the privatisation of Bank Burgenland (OJ 2008 L 239, p. 32).

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders the Republic of Austria and the Province of Burgenland to pay the costs.






(1)  OJ C 247, 27.9.2008.
Case C-119/11: Judgment of the Court (Seventh Chamber) of 28 February 2012 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2006/112/EC — Articles 99 and 110 — Value added tax — Reduced rate — Application of a reduced rate for admission to the first performances of concerts held in establishments providing refreshments during the performance)
Date: 2012-02-28
Institutions: Court of Justice
Subjects: VAT, performing arts, record library, tax exemption








C_2012118EN.01000701.xml










21.4.2012   


EN


Official Journal of the European Union


C 118/7





Judgment of the Court (Seventh Chamber) of 28 February 2012 — European Commission v French Republic
(Case C-119/11) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/112/EC - Articles 99 and 110 - Value added tax - Reduced rate - Application of a reduced rate for admission to the first performances of concerts held in establishments providing refreshments during the performance)
2012/C 118/10
Language of the case: French

Parties


Applicant: European Commission (represented by: F. Dintilhac and C. Soulay, acting as Agents)

Defendant: French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 99 and 110 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Application of a reduced rate of VAT of 2,10 % for admission to the first performances of concerts held in establishments providing refreshments during the performance — Prohibition on extending the scope of a derogation where such scope has previously been restricted

Operative part of the judgment

The Court:






1.


Declares that, by applying, since 1 January 2007, a reduced rate of VAT of 2,10 % for admission to the first performances of concerts held in establishments providing optional refreshments during the performance, the French Republic has failed to fulfil its obligations under Articles 99 and 110 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 145, 14.5.2011.
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2011/101/CFSP as implemented by Council Implementing Decision 2012/124/CFSP apply
Date: 2012-02-28
Institutions: Council of the European Union
Subjects: Zimbabwe, capital movement, economic sanctions, international sanctions








C_2012059EN.01000201.xml










28.2.2012   


EN


Official Journal of the European Union


C 59/2





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2011/101/CFSP as implemented by Council Implementing Decision 2012/124/CFSP apply
2012/C 59/02
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in Annex I to Council Decision 2011/101/CFSP (1), as implemented by Council Implementing Decision 2012/124/CFSP (2).
The Council of the European Union has determined that the persons and entities that appear in the above-mentioned Annex should continue to be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/101/CFSP.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the Annex II to Regulation (EC) No 314/2004, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered. Any such request should be sent to the following address:





Council of the European Union




General Secretariat




DG K Coordination Unit




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 42, 16.2.2011, p. 6.

(2)  OJ L 54, 28.2.2012, p. 20.
Case T-95/12 P: Appeal brought on 28 February 2012 by Willem Stols against the judgment of the Civil Service Tribunal of 13 December 2011 in Case F-51/08 RENV Stols v Council
Date: 2012-02-28
Institutions: General Court
Subjects: assistant, equal treatment, infringement of EU law, promotion








C_2012126EN.01002201.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/22





Appeal brought on 28 February 2012 by Willem Stols against the judgment of the Civil Service Tribunal of 13 December 2011 in Case F-51/08 RENV Stols v Council
(Case T-95/12 P)
2012/C 126/43
Language of the case: French

Parties


Appellant: Willem Stols (Halsteren, Netherlands) (represented by S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Council of the European Union

Form of order sought by the appellant







—


Declare the present appeal admissible;










—


Set aside the judgment of 13 December 2011 of the First Chamber of the Civil Service Tribunal of the European Union in Case F-51/08 RENV;










—


Grant the form of order submitted by him at first instance;










—


Order the Council to pay the costs of both sets of proceedings.





Pleas in law and main arguments

In support of the appeal, the appellant relies on the following pleas in law.






1.


First plea in law, alleging that the Civil Service Tribunal, when it examined the first plea in law submitted at first instance claiming that Article 45(1) of the Staff Regulations of Officials of the European Union had been infringed and claiming a manifest error of assessment, infringed European Union law by:






—


using a criterion which was not provided for under Article 45(1) of the Staff Regulations (see paragraphs 46 and 47 of the judgment under appeal);










—


providing inadequate reasoning for its judgment and calling into question the classification into two function groups provided for in Article 5 of the Staff Regulations (see paragraphs 52 to 54 of the judgment under appeal); and










—


providing reasoning which contained substantive inaccuracies and by misreading the language criterion referred to in Article 45(1) of the Staff Regulations (see paragraphs 50 and 51 of the judgment under appeal)














2.


Second plea in law, alleging that the Civil Service Tribunal, when examining the second plea in law claiming infringement of Article 59(1) of the Staff Regulations and failure to observe the non-discrimination principle, reached a conclusion lacking all legal foundation, in so far as it rejected the second plea as ineffective because the first plea had not been established, whereas it made several errors of law in concluding that the first plea in law was not established (paragraphs 59 and 60 of the judgment under appeal).
Case C-103/12: Action brought on 28 February 2012 — European Parliament v Council of the European Union
Date: 2012-02-28
Institutions: Court of Justice
Subjects: EU waters, French Guiana, Venezuela, catch quota, common fisheries policy, exclusive economic zone, fishing industry, international agreement, legal basis








C_2012157EN.01000201.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/2





Action brought on 28 February 2012 — European Parliament v Council of the European Union
(Case C-103/12)
2012/C 157/02
Language of the case: French

Parties


Applicant: European Parliament (represented by: L.G. Knudsen, I. Díez Parra and I. Liukkonen, acting as Agents)

Defendant: Council of the European Union

Form of order sought







—


Annul Council Decision 2012/19/EU (1) of 16 December 2011 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana;










—


Order the Council of the European Union to pay the costs.





Pleas in law and main arguments

By its action, the European Parliament seeks annulment of Council Decision 2012/19/EU of 16 December 2011 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana. The Parliament challenges the legal basis chosen. It submits, principally, that Article 43(3) TFEU, together with Article 218(6)(b) TFEU, cannot be the correct legal basis, since the measure in question equates to an international agreement concerning access to European Union waters for the purposes of fishing activities by a non-member country. Accordingly, the measure ought to have been adopted on the basis of Articles 43(2) and 218(6)(a) TFEU and thus after approval by the Parliament.
In the alternative, the Parliament takes the view that the Council, having used the procedure laid down in Article 218(6)(b) TFEU, has given an incorrect interpretation to Article 218(6)(a) TFEU. Even if Article 43(3) TFEU could constitute the appropriate legal basis for an internal measure of the European Union with the same content as the measure challenged, which the Parliament disputes, the fact remains that the Common Fisheries Policy forms, for the purposes of the EU entering into international commitments, an indissociable whole from a procedural point of view. Accordingly, any agreement in that field is an ‘agreement covering fields to which either the ordinary legislative procedure applies’ within the meaning of Article 218(6)(a) TFEU. Thus, in any event the measure ought to have been adopted in observance of the consent procedure laid down in Article 218(6)(a) TFEU.


(1)  OJ 2012 L 6, p. 8.
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2011/782/CFSP and Council Regulation (EU) No 36/2012 as implemented by Council Decision 2012/122/CFSP and Council Regulation (EU) No 168/2012 concerning restrictive measures in view of the situation in Syria apply
Date: 2012-02-28
Institutions: Council of the European Union
Subjects: Syria, capital movement, economic sanctions, international sanctions








C_2012059EN.01000101.xml










28.2.2012   


EN


Official Journal of the European Union


C 59/1





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2011/782/CFSP and Council Regulation (EU) No 36/2012 as implemented by Council Decision 2012/122/CFSP and Council Regulation (EU) No 168/2012 concerning restrictive measures in view of the situation in Syria apply
2012/C 59/01
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in the Annexes to Council Decision 2011/782/CFSP as amended by Council Decision 2012/122/CFSP (1) and in Annex II to Council Regulation (EU) No 36/2012 as implemented by Council Regulation (EU) No 168/2012 (2) concerning restrictive measures in view of the situation in Syria.
The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/782/CFSP as amended by Decision 2012/122/CFSP and to Regulation (EU) No 36/2012 as implemented by Regulation (EU) No 168/2012 concerning restrictive measures in view of the situation in Syria.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex III to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG K Coordination




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 54, 28.2.2012, p. 14.

(2)  OJ L 54, 28.2.2012, p. 1.
Euro exchange rates
Date: 2012-02-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2012059EN.01000301.xml










28.2.2012   


EN


Official Journal of the European Union


C 59/3





Euro exchange rates (1)

27 February 2012
2012/C 59/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3388




JPY


Japanese yen


107,81




DKK


Danish krone


7,4360




GBP


Pound sterling


0,84500




SEK


Swedish krona


8,8334




CHF


Swiss franc


1,2052




ISK


Iceland króna


 




NOK


Norwegian krone


7,4975




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,068




HUF


Hungarian forint


291,73




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6987




PLN


Polish zloty


4,1738




RON


Romanian leu


4,3510




TRY


Turkish lira


2,3697




AUD


Australian dollar


1,2532




CAD


Canadian dollar


1,3432




HKD


Hong Kong dollar


10,3828




NZD


New Zealand dollar


1,6046




SGD


Singapore dollar


1,6869




KRW


South Korean won


1 513,46




ZAR


South African rand


10,2086




CNY


Chinese yuan renminbi


8,4366




HRK


Croatian kuna


7,5798




IDR


Indonesian rupiah


12 246,01




MYR


Malaysian ringgit


4,0499




PHP


Philippine peso


57,575




RUB


Russian rouble


38,8825




THB


Thai baht


40,753




BRL


Brazilian real


2,2883




MXN


Mexican peso


17,3089




INR


Indian rupee


65,9830






(1)  Source: reference exchange rate published by the ECB.
Council Decision of 28 February 2012 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2012-02-28
Institutions: Council of the European Union
Subjects: Cedefop, appointment of members, board of management








C_2012074EN.01000601.xml










13.3.2012   


EN


Official Journal of the European Union


C 74/6





COUNCIL DECISION
of 28 February 2012
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2012/C 74/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,
Whereas:






(1)


By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.










(2)


A member's seat on the Governing Board of the Centre in the category of Employees' representatives has become vacant as a result of the resignation of Ms Luz Blanca COSIO ALMEIDA,




HAS DECIDED AS FOLLOWS:
Sole Article
The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:







SPAIN


Mr Fernando PUIG-SAMPER
Confederal Secretary
Responsible for Vocational Training at CCOO





Done at Brussels, 28 February 2012.


For the Council


The President

N. WAMMEN




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 226, 19.9.2009, p. 2.
Case T-153/10: Order of the General Court of 28 February 2012 — Schneider España de Informática, SA v European Commission (Customs union — Importation of colour television sets assembled in Turkey — Post-clearance recovery of import duties — Application for waiver of post-clearance entry in the accounts of import duties and for remission of those duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Commission decision rejecting that application — Annulment by the national court of decisions taken by national authorities ordering post-clearance entry of import duties in the accounts — No need to adjudicate)
Date: 2012-02-28
Institutions: General Court
Subjects: Türkiye, customs union, import, import refund, television equipment








C_2012126EN.01001602.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/16





Order of the General Court of 28 February 2012 — Schneider España de Informática, SA v European Commission
(Case T-153/10) (1)

(Customs union - Importation of colour television sets assembled in Turkey - Post-clearance recovery of import duties - Application for waiver of post-clearance entry in the accounts of import duties and for remission of those duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Commission decision rejecting that application - Annulment by the national court of decisions taken by national authorities ordering post-clearance entry of import duties in the accounts - No need to adjudicate)
2012/C 126/33
Language of the case: English

Parties


Applicant: Schneider España de Informática, SA (Torrejón de Ardoz (Spain)) (represented by: P. De Baere and P. Muñiz, lawyers)

Defendant: European Commission (represented by: R. Lyal and L. Bouyon, acting as Agents)

Re:

Application for the annulment of Commission Decision C(2010) 22 final of 18 January 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is not justified in a particular case (Case REM 02/08),

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Each party shall bear its own costs.






(1)  OJ C 148, 5.6.2010.