do-me/EUR-LEX huggingface dataset:
Case C-139/12: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 19 March 2012 — Caixa d’Estalvis i Pensions de Barcelona v Generalidad de Cataluña
Date: 2012-03-19
Institutions: Court of Justice
Subjects: Spain, VAT, freedom to provide services, purchase, real property, securities, share capital








C_2012174EN.01001601.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/16





Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 19 March 2012 — Caixa d’Estalvis i Pensions de Barcelona v Generalidad de Cataluña
(Case C-139/12)
2012/C 174/24
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Caixa d’Estalvis i Pensions de Barcelona

Defendant: Generalidad de Cataluña

Questions referred







1.


Is it a requirement of Article 13B(d)(5) of Council Directive 77/388/EEC (1) of 17 May 1977 (now Council Directive 2006/112/EC of 28 November 2006) that transactions by a taxable person involving the sale of shares which amount to acquiring title to immovable property be subject to VAT and not be exempt, in view of the exception made in respect of securities giving the holder thereof de jure or de facto rights of ownership or possession over immovable property or part thereof?










2.


Does Council Directive 77/388/EEC of 17 May 1977 permit a provision such as Article 108 of Spanish Law 24/1988 on the Stock Market, which provides that the acquisition of the majority of the capital of a company whose assets essentially comprise immovable property is liable to an indirect tax other than VAT, namely capital transfer duty, without regard to the possibility that the parties to the transaction may be acting in a business capacity, bearing in mind that had the immovable property been transferred directly, instead of transferring the shares or interests, the transaction would have been subject to VAT?










3.


Is it compatible with the freedom of establishment under Article [43] EC (now Article 49 TFEU) and with the free movement of capital under Article 56 EC (now Article 63 TFEU) for a provision of national law such as Article 108 of the Spanish Law on the Stock Market of 28 July 1988, as amended by the 12th additional provision of Law 18/1991, to provide that duty is chargeable on the acquisition of the majority of the capital of companies whose assets essentially comprise immovable property situated in Spain, without offering the possibility of demonstrating that the company over which control is obtained is economically active?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization 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).
Case C-140/12: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 19 March 2012 — Pensionsversicherungsanstalt v Peter Brey
Date: 2012-03-19
Institutions: Court of Justice
Subjects: EU national, free movement of persons, social-security benefit








C_2012165EN.01001201.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/12





Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 19 March 2012 — Pensionsversicherungsanstalt v Peter Brey
(Case C-140/12)
2012/C 165/19
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Appellant on a point of law: Pensionsversicherungsanstalt

Respondent to the appeal on a point of law: Peter Brey

Question referred

Is a compensatory supplement to be regarded as a ‘social assistance’ benefit within the terms contemplated in Article 7(1)(b) of Directive 2004/38/EC (1) of the European Parliament and of the Council of 29 April 2004?


(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).
2012/177/EU: Council Decision of 19 March 2012 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Bank of Greece
Date: 2012-03-19
Institutions: Council of the European Union
Subjects: Greece, accountant, central bank




L_2012090EN.01002101.xml










28.3.2012   


EN


Official Journal of the European Union


L 90/21








            COUNCIL DECISION
         
of 19 March 2012
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Bank of Greece
(2012/177/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,


Having regard to Recommendation ECB/2012/1 of the European Central Bank of 10 February 2012 to the Council of the European Union on the external auditors of the Bank of Greece (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


The mandate of the current external auditors of the Bank of Greece will end after the audit for the financial year 2011. It is therefore necessary to appoint external auditors from the financial year 2012.












(3)


The Bank of Greece has selected KPMG Certified Auditors A.E. as its external auditors for the financial years 2012 to 2016.












(4)


The Governing Council of the ECB recommended that KPMG Certified Auditors A.E. should be appointed as the external auditors of the Bank of Greece for the financial years 2012 to 2016.












(5)


It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 1(12) of Decision 1999/70/EC shall be replaced by the following:

‘12.   KPMG Certified Auditors A.E. are hereby approved as the external auditors of the Bank of Greece for the financial years 2012 to 2016.’.



Article 2
This Decision shall take effect on the day of its notification.


Article 3
This Decision is addressed to the European Central Bank.




Done at Brussels, 19 March 2012.


For the Council


The President

M. GJERSKOV
            





(1)  
            OJ C 48, 18.2.2012, p. 1.

(2)  
            OJ L 22, 29.1.1999, p. 69.
Case F-38/12: Action brought on 19th March 2012 — ZZ v FRA
Date: 2012-03-19
Institutions: Civil Service Tribunal
Subjects: European civil service, contract, damages, indemnification, reassignment








C_2012138EN.01003702.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/37






Action brought on 19th March 2012 — ZZ v FRA
(Case F-38/12)
(2012/C 138/88)
Language of the case: English

Parties


Applicant: ZZ (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Union Agency for Fundamental Rights

Subject-matter and description of the proceedings

The annulment of the decision not to renew the Appellant's contract and of the decision to transfer the Appellant to another department and the compensation of both moral and material prejudices.

Form of order sought







—


The annulment of the decision not to renew the Applicant's contract;










—


the annulment of the decision to transfer the Applicant's to another department;










—


the compensation of the Applicant's material prejudice estimated at 1 320 Euro par month from September 2012, to which be added late interest at the key rate of the European Central Bank plus two percentage points;










—


the compensation of the Applicant's moral prejudice estimated at 50 000 Euros;










—


the order for the Defendant to pay the costs.
Case T-137/12: Action brought on 19 March 2012 — FunFactory v OHIM (three-dimensional mark in the shape of a vibrator)
Date: 2012-03-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sexuality, trade-mark law








C_2012157EN.01001001.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/10





Action brought on 19 March 2012 — FunFactory v OHIM (three-dimensional mark in the shape of a vibrator)
(Case T-137/12)
2012/C 157/17
Language of the case: German

Parties


Applicant: FunFactory GmbH (Bremen, Germany) (represented by K.-D. Franzen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision (R 1436/2011-4) of the Fourth Board of Appeal of OHIM of 19 January 2012;










—


order OHIM to pay the costs of the proceedings, including those incurred in the proceedings before the Board of Appeal.





Pleas in law and main arguments


Community trade mark concerned: three-dimensional mark in the shape of a vibrator (application No 9 390 691) for goods in Class 10

Decision of the Examiner: refusal to register

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: incorrect interpretation and application of Article 7(1)(b) of Regulation No 207/2009, since the mark applied for is distinctive and is not descriptive of the goods in respect of which registration is sought. Infringement of the duty to state reasons laid down in Article 73(1) of Regulation No 207/2009 and of the right to be heard.
Commission Implementing Regulation (EU) No 242/2012 of 19 March 2012 on the issue of import licences for applications lodged during the first seven days of March 2012 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2012-03-19
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2012080EN.01001501.xml










20.3.2012   


EN


Official Journal of the European Union


L 80/15








            COMMISSION IMPLEMENTING REGULATION (EU) No 242/2012
of 19 March 2012
         
on the issue of import licences for applications lodged during the first seven days of March 2012 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


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 Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of March 2012 for the subperiod from 1 April to 30 June 2012 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 April to 30 June 2012 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 20 March 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2012.


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 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.4.2012-30.6.2012
(%)




1


09.4410


0,320206 




3


09.4412


0,362584 




4


09.4420


0,365633 




6


09.4422


0,369007
Case T-273/09: Order of the General Court of 19 March 2012 — Associazione ‘Giùlemanidallajuve’ v European Commission (Competition — Restrictive practices — Abuse of dominant position — Rejection of a complaint — Legitimate interest — Community interest — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Date: 2012-03-19
Institutions: General Court
Subjects: Italy, competition, dominant position, infringement of EU law, sports body








C_2012151EN.01002702.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/27





Order of the General Court of 19 March 2012 — Associazione ‘Giùlemanidallajuve’ v European Commission
(Case T-273/09) (1)

(Competition - Restrictive practices - Abuse of dominant position - Rejection of a complaint - Legitimate interest - Community interest - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
2012/C 151/43
Language of the case: French

Parties


Applicant: Associazione ‘Giùlemanidallajuve’ (Cerignola, Italy) (represented by: L. Misson, G. Ernes and A. Pel, lawyers)

Defendant: European Commission (represented by: A. Bouquet and V. Di Bucci, acting as Agents, assisted by J. Derenne, lawyer)
supported by
Fédération internationale de football association (FIFA), (Zurich, Switzerland), (represented by: A. Barav and D. Reymond, lawyers)

Re:

Application for annulment of Commission decision C(2009) 3916 of 12 May 2009, taken pursuant to Article 7(2) of Commission Regulation (EC) No 773/2004 and rejecting, for lack of legitimate interest and lack of Community interest, the complaint submitted by the applicant concerning the infringement of Articles 81 EC and 82 EC allegedly committed by the Federazione italiana giuoco calcio, the Comitato olimpico nazionale italiano, the Union of European Football Associations and the Fédération Internationale de football association, in the context of the sanctions imposed on Juventus Football Club SpA de Turin (Italy) (Case COMP/39.464 — Supporters Juventus Turin v FIGC-CONI-UEFA-FIFA)

Operative part of the order







1.


The action is dismissed.










2.


The Associazione ‘Giùlemanidallajuve’ shall pay its own costs and those incurred by the European Commission.










3.


The Fédération internationale de football association (FIFA) shall pay its own costs.






(1)  OJ C 244, 10.10.2009.
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 19 March 2012 regarding a draft decision relating to Case COMP/39.462 (1) — Freight forwarding — Rapporteur: Slovak Republic
Date: 2012-03-19
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: cartel, control of restrictive practices, dominant position, infringement of EU law, transport company








C_2012375EN.01000201.xml










5.12.2012   


EN


Official Journal of the European Union


C 375/2





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 19 March 2012 regarding a draft decision relating to Case COMP/39.462 (1) — Freight forwarding
Rapporteur: Slovak Republic
2012/C 375/02






1.


The Advisory Committee agrees with the European Commission’s assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 TFEU and Article 53 EEA in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.










2.


The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the case of each of the following cartels in the time frame the respective infringements existed: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.










3.


The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object of restricting competition in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.










4.


The Advisory Committee agrees with the European Commission assessment on the duration of the infringement for each addressee in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.










5.


The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between the Member States of the EU and between other contracting parties to the EEA Agreement in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.










6.


The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, including the imputation of liability to parent companies of the groups concerned in the case of each of the following cartels: (a) the NES cartel; (b) the AMS cartel; (c) the CAF cartel; and (d) the PSS cartel.










7.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.










8.


The Advisory Committee asks the Commission to take into account all the other points rased during the discussion.
Council Decision 2012/158/CFSP of 19 March 2012 amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina
Date: 2012-03-19
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, economic sanctions, international sanctions, removal








L_2012080EN.01001701.xml










20.3.2012   


EN


Official Journal of the European Union


L 80/17








            COUNCIL DECISION 2012/158/CFSP
of 19 March 2012
         
amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular Article 29 thereof,

Whereas:







(1)


On 21 March 2011, the Council adopted Decision 2011/173/CFSP (1).












(2)


On the basis of a review of Decision 2011/173/CFSP, the restrictive measures should be renewed until 22 March 2013.












(3)


Decision 2011/173/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 6 of Decision 2011/173/CFSP, the second paragraph is replaced by the following:
"This Decision shall apply until 22 March 2013.".


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




Done at Brussels, 19 March 2012.


For the Council


The President

M. GJERSKOV
            





(1)  
            OJ L 76, 22.3.2011, p. 68.
Council Decision of 19 March 2012 renewing the term of office of the Vice-President of the Community Plant Variety Office
Date: 2012-03-19
Institutions: Council of the European Union
Subjects: Community Plant Variety Office, appointment of staff, vice-president of an institution








C_2012082EN.01000601.xml










21.3.2012   


EN


Official Journal of the European Union


C 82/6





COUNCIL DECISION
of 19 March 2012
renewing the term of office of the Vice-President of the Community Plant Variety Office
2012/C 82/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 43(3) thereof,
Whereas:






(1)


In its Decision of 22 February 2007 (2), the Council appointed Mr Carlos PEREIRA GODINHO as Vice-President of the Community Plant Variety Office.










(2)


On 26 January 2012, after obtaining the opinions of the Administrative Council and the President of the Office, the Commission proposed that the term of office of Mr Carlos PEREIRA GODINHO be renewed,




HAS ADOPTED THIS DECISION:
Article 1
The term of office of Mr Carlos PEREIRA GODINHO as Vice-President of the Community Plant Variety Office (‘the Office’) is hereby renewed for a period of five years with effect from 1 April 2012.
Article 2
The Chair of the Administrative Council of the Office shall be empowered to sign the contract of employment with Mr Carlos PEREIRA GODINHO.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Brussels, 19 March 2012.


For the Council


The President

M. GJERSKOV




(1)  OJ L 227, 1.9.1994, p. 1.

(2)  OJ L 78, 17.3.2007, p. 27.
Case F-39/12: Action brought on 19 March 2012 — ZZ v Court of Auditors
Date: 2012-03-19
Institutions: Civil Service Tribunal
Subjects: damages, indemnification, pay, promotion








C_2012138EN.01003801.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/38






Action brought on 19 March 2012 — ZZ v Court of Auditors
(Case F-39/12)
(2012/C 138/89)
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Court of Auditors

Subject-matter and description of the proceedings

Annulment of the decision of the Court of Auditors rejecting an application seeking acknowledgment of unlawful conduct which is alleged to have caused the applicant to suffer material and non-material damage.

Form of order sought







—


Annul the decision rejecting the complaint of 7 December 2011 brought against the decision by the head of the Court of Auditors rejecting ZZ’s application seeking acknowledgment of unlawful conduct which has caused him to suffer damage and has given rise to the non-contractual liability of the European Union;










—


order the Court of Auditors to pay compensation for the purposes of making good the non-material damage suffered in the amount of EUR 50 000 and the material damage suffered in the amount of, on the one hand, the difference between the amount of remuneration to which the applicant would have been entitled if he had had an average career progression and his current grade and, on the other hand, the difference between the amount of remuneration to which he would have been entitled if he had continued his career until the statutory retirement age and his current pension;










—


order the Court of Auditors to pay the costs.