do-me/EUR-LEX huggingface dataset:
Case C-153/11: Judgment of the Court (Second Chamber) of 22 March 2012 (reference for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — Klub OOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite (VAT — Directive 2006/112/EC — Article 168 — Right of deduction — Origin of the right of deduction — Right of a company to deduct the input VAT paid for the acquisition of capital goods not yet brought into use for the company’s business activities)
Date: 2012-03-22
Institutions: Court of Justice
Subjects: Bulgaria, VAT, intermediate goods, purchase, real property, tax relief








C_2012133EN.01000903.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/9





Judgment of the Court (Second Chamber) of 22 March 2012 (reference for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — Klub OOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
(Case C-153/11) (1)

(VAT - Directive 2006/112/EC - Article 168 - Right of deduction - Origin of the right of deduction - Right of a company to deduct the input VAT paid for the acquisition of capital goods not yet brought into use for the company’s business activities)
2012/C 133/16
Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings


Applicant: Klub OOD

Defendant: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite

Re:

Reference for a preliminary ruling — Administrativen sad — Varna — Interpretation of Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Deduction of the VAT paid by a taxable person in respect of goods supplied to him in so far as they are used for his taxable transactions — Right of a company, whose main activity consists in leasing its own immovable property, to deduct input VAT on the purchase of another property which has yet to be commercially exploited by that company

Operative part of the judgment

Article 168(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that a taxable person who has acquired capital goods while acting as such and has allocated the goods to the assets of the business is entitled to deduct the value added tax on the acquisition of those goods in the tax period in which the tax became due, regardless of the fact that the goods are not immediately used for business purposes. It is for the national court to ascertain whether the taxable person acquired the capital goods for the purposes of his economic activity and to assess, if need be, whether there is a fraudulent practice.


(1)  OJ C 186, 25.6.2011.
Case C-96/12: Reference for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 22 February 2012 — Domingos Freitas and Maria Adília Monteiro Pinto v Companhia de Seguros Allianz Portugal SA
Date: 2012-03-22
Institutions: Court of Justice
Subjects: civil liability, personal accident insurance, transport accident, two-wheeled vehicle








C_2012138EN.01000401.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/4






Reference for a preliminary ruling from the Tribunal da Relação de Guimarães (Portugal) lodged on 22 February 2012 — Domingos Freitas and Maria Adília Monteiro Pinto v Companhia de Seguros Allianz Portugal SA
(Case C-96/12)
(2012/C 138/06)
Language of the case: Portuguese

Referring court

Tribunal da Relação de Guimarães

Parties to the main proceedings


Applicants: Domingos Freitas and Maria Adília Monteiro Pinto

Defendant: Companhia de Seguros Allianz Portugal SA

Question referred

In a road-traffic accident involving a motor vehicle and a minor riding a bicycle, in which the cyclist suffers personal and material damage, is the exclusion or reduction of compensation for such damage where the damage-causing event is due to the conduct of the cyclist contrary to [European Union] law and, in particular, to Article 3(1) of the First Directive (72/166/EEC), (1) Article 2(1) of the Second Directive (84/5/EEC) (2) and Article 1a of the Third Directive (90/232/EEC), (3) inserted by Article 4 of the Fifth Directive (2005/14/EC) (4) (all relating to insurance against civil liability in respect of the use of motor vehicles), in the light of the case-law of the Court of Justice [of the European Union] concerning the circumstances in which compensation on the basis of compulsory motor vehicle insurance may be limited?


(1)  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ English Special Edition 1972 (II), p. 360).

(2)  Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17).

(3)  Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33).

(4)  Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14).
Case C-200/11 P: Order of the Court of 22 March 2012 — Italian Republic v European Commission (Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Action for annulment — Regulation (EC) No 659/1999 — Article 1(c) — Alteration of existing aid — Regulation (EC) No 794/2004 — Article 4(1) — Temporary defensive mechanism for shipbuilding)
Date: 2012-03-22
Institutions: Court of Justice
Subjects: State aid, aid system, equal treatment, shipbuilding, vessel








C_2012194EN.01000702.xml










30.6.2012   


EN


Official Journal of the European Union


C 194/7





Order of the Court of 22 March 2012 — Italian Republic v European Commission
(Case C-200/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - State aid - Incompatibility with the common market - Commission decision - Action for annulment - Regulation (EC) No 659/1999 - Article 1(c) - Alteration of existing aid - Regulation (EC) No 794/2004 - Article 4(1) - Temporary defensive mechanism for shipbuilding)
2012/C 194/11
Language of the case: Italian

Parties


Appellant: Italian Republic (represented by: G. Palmieri, agent, P. Gentili, avvocato dello Stato)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and C. Urraca Caviedes, agents)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 3 February 2011 in Case T-3/09 Italy v Commission, by which the General Court dismissed an application for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C 20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50)

Operative part of the order







1.


The appeal is dismissed.










2.


The Italian Republic is ordered to pay the costs.






(1)  OJ C 204, 9.7.2011.
Case C-167/11 P: Order of the Court of 22 March 2012 — Cantiere navale De Poli SpA v European Commission (Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission Decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding)
Date: 2012-03-22
Institutions: Court of Justice
Subjects: State aid, aid system, control of State aid, shipbuilding, vessel








C_2012194EN.01000701.xml










30.6.2012   


EN


Official Journal of the European Union


C 194/7





Order of the Court of 22 March 2012 — Cantiere navale De Poli SpA v European Commission
(Case C-167/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - State aid - Incompatibility with the common market - Commission Decision - Alteration to existing aid - Regulation (EC) No 794/2004 - Regulation (EC) No 1177/2002 - Temporary defensive mechanism for shipbuilding)
2012/C 194/10
Language of the case: Italian

Parties


Appellant: Cantiere navale De Poli SpA (represented by: A. Abate and A. Franchi, avvocati)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and C. Urraca Caviedes, Agents)

Intervener in support of the applicant: Italian Republic (represented by: G. Palmieri, Agent, P. Gentili, avvocato dello Stato)

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 3 February 2011 in Case T-584/08 Cantieri Navale De Poli v Commission, by which the Court dismissed the action for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C-20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50)

Operative part of the order







1.


The appeal is dismissed.










2.


Cantiere navale De Poli SpA is ordered to pay the costs.










3.


The Italian Republic is to bear its own costs.






(1)  OJ C 173, 11.6.2011.
Notice from the EFTA Surveillance Authority in accordance with Article 2(1) and (2) of Commission Decision 2005/15/EC
Date: 2012-03-22
Institutions: EFTA Surveillance Authority
Subjects: Norway, competition, energy production, hydroelectric power, wholesale selling








C_2012084EN.01003001.xml










22.3.2012   


EN


Official Journal of the European Union


C 84/30





Notice from the EFTA Surveillance Authority in accordance with Article 2(1) and (2) of Commission Decision 2005/15/EC
2012/C 84/05
On 24 January 2012, the EFTA Surveillance Authority received a request pursuant to Article 30(5) of Directive 2004/17/EC. The first working day following receipt of the request is 25 January 2012.
This request, filed jointly by Akershus Energi Vannkraft AS, E-CO Energi AS, EB Kraftproduksjon AS and Østfold Energi AS, concerns activities related to production and wholesale of hydro-electric energy in Norway. The abovementioned Article 30 provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition on markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.
The EFTA Surveillance Authority is allowed a period of three months to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 25 April 2012.
However, in the view of the EFTA Surveillance Authority, essential information was missing in the aforementioned request. Therefore, by letters of 17 February 2012, both the applicants and the Norwegian Government, in accordance with Article 30(5), paragraph 2 of Directive 2004/17/EC, were invited to provide the additional information by 23 March 2012. Given the request for additional information and taken into account that the Norwegian Competition Authority has established the applicability of Article 30(1) in an opinion of 16 March 2011, which was provided to the Authority together with the application, the period allowed to the EFTA Surveillance Authority may be extended by one month, in accordance with the third sentence of Article 30(6).
The final period therefore expires on 25 May 2012.
Case T-127/12: Action brought on 22 March 2012 — Free v OHIM — Noble Gaming (FREEVOLUTION TM)
Date: 2012-03-22
Institutions: General Court
Subjects: EU trade mark, gaming establishment, registered trade mark, trade-mark law








C_2012165EN.01002302.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/23





Action brought on 22 March 2012 — Free v OHIM — Noble Gaming (FREEVOLUTION TM)
(Case T-127/12)
2012/C 165/40
Language in which the application was lodged: French

Parties


Applicant: Free (Paris, France) (represented by: Y. Coursin, lawyer)

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

Other party to the proceedings before the Board of Appeal: Noble Gaming Ltd (Prague, Czech Republic)

Form of order sought







—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 December 2011 in Case R 2326/2010-2;










—


hold that the earlier marks relied on and in particular the French word mark FREE No 1734391 are similar to the mark at issue ‘FREEVOLUTION’ within the meaning of Article 8(1)(b) and all the more so within the meaning of Article 8(5) of Regulation No 207/2009;










—


hold that the application for registration of the mark at issue must be rejected on the basis of Article 8(1)(b) and all the more so in accordance with Article 8(5) of Regulation No 207/2009; and










—


order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, both before the General Court and the OHIM.





Pleas in law and main arguments


Applicant for a Community trade mark: Other party to the proceedings before the Board of Appeal.

Community trade mark concerned: Figurative mark containing the word element ‘FREEVOLUTION’ for goods and services in Classes 9, 41 and 42 — Community trade mark applied for No 8206443.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: French figurative mark ‘free LA LIBERTÉ N’A PAS DE PRIX’ No 99785839 for goods and services in Classes 9 and 38; French word mark ‘FREE’ No 1734391; French word mark ‘FREE MOBILE’ No 73536224 for goods in Class 9; Trade name ‘FREE’ used in business in France; domain name ‘FREE.FR’ used in business.

Decision of the Opposition Division: Rejection of the opposition in its entirety.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) and Article 8(5) of Regulation No 207/2009 in so far as there is a distinction between how the similarity of the signs should be assessed under each of those provisions; infringement of Article 8(1)(b) of Regulation No 207/2009 in so far as there is indeed a likelihood of confusion with regard to the trade marks at issue; and, infringement of Article 8(5) of Regulation No 207/2009 in so far as there is a link between the marks ‘FREE’ and ‘FREEVOLUTION’ such that the mark with a reputation ‘FREE’ is prejudiced by the existence of the trade mark at issue.
Euro exchange rates
Date: 2012-03-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2012084EN.01000301.xml










22.3.2012   


EN


Official Journal of the European Union


C 84/3





Euro exchange rates (1)

21 March 2012
2012/C 84/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3225




JPY


Japanese yen


111,11




DKK


Danish krone


7,4354




GBP


Pound sterling


0,83495




SEK


Swedish krona


8,9185




CHF


Swiss franc


1,2058




ISK


Iceland króna


 




NOK


Norwegian krone


7,6105




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,629




HUF


Hungarian forint


291,53




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6969




PLN


Polish zloty


4,1525




RON


Romanian leu


4,3755




TRY


Turkish lira


2,3989




AUD


Australian dollar


1,2644




CAD


Canadian dollar


1,3093




HKD


Hong Kong dollar


10,2689




NZD


New Zealand dollar


1,6209




SGD


Singapore dollar


1,6708




KRW


South Korean won


1 493,87




ZAR


South African rand


10,1015




CNY


Chinese yuan renminbi


8,3553




HRK


Croatian kuna


7,5340




IDR


Indonesian rupiah


12 107,49




MYR


Malaysian ringgit


4,0692




PHP


Philippine peso


56,929




RUB


Russian rouble


38,6748




THB


Thai baht


40,693




BRL


Brazilian real


2,4125




MXN


Mexican peso


16,7442




INR


Indian rupee


67,0180






(1)  Source: reference exchange rate published by the ECB.
Case C-506/09 P: Judgment of the Court (First Chamber) of 22 March 2012 — Portuguese Republic v Transnáutica — Transportes e Navegação SA, European Commission (Appeal — Customs union — Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 — Remission of import duties — Consignments of tobacco and ethyl alcohol for third countries — Fraud committed by an employee of the company liable)
Date: 2012-03-22
Institutions: Court of Justice
Subjects: customs drawback, customs fraud, ethanol, tobacco








C_2012133EN.01000202.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/2





Judgment of the Court (First Chamber) of 22 March 2012 — Portuguese Republic v Transnáutica — Transportes e Navegação SA, European Commission
(Case C-506/09 P) (1)

(Appeal - Customs union - Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 - Remission of import duties - Consignments of tobacco and ethyl alcohol for third countries - Fraud committed by an employee of the company liable)
2012/C 133/03
Language of the case: English

Parties


Appellant: Portuguese Republic (represented by: L. Inez Fernandes, Agent)

Other parties to the proceedings: Transnáutica — Transportes e Navegação SA (represented by: M. López Garrido, advogada), European Commission (represented by: R. Lyal and L. Bouyon, Agents)

Intervener in support of the appellant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 in Case T-385/05 Transnáutica v Commission, by which that court annulled Commission Decision REM 05/2004 of 6 July 2005 informing the Portuguese authorities that the remission of import duties for the applicant was not justified in relation to a certain amount and that import duties could not be reimbursed to it in relation to another amount since the fact that the applicant was unaware that one of its employees was acting fraudulently did not constitute a special situation which may justify the remission and reimbursement of import duties to it.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Portuguese Republic to pay the costs;










3.


Orders the Kingdom of Spain to bear its own costs.






(1)  OJ C 63, 13.3.2010.
Case T-114/09: Order of the General Court of 22 March 2012 — Viasat Broadcasting UK v European Commission (State aid — Repayment of the aid — No further interest in bringing proceedings — No need to adjudicate)
Date: 2012-03-22
Institutions: General Court
Subjects: Denmark, State aid, public service, reimbursement of aid, television








C_2012151EN.01002701.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/27





Order of the General Court of 22 March 2012 — Viasat Broadcasting UK v European Commission
(Case T-114/09) (1)

(State aid - Repayment of the aid - No further interest in bringing proceedings - No need to adjudicate)
2012/C 151/42
Language of the case: English

Parties


Applicant: Viasat Broadcasting UK Ltd (West Drayton, Middlesex, United Kingdom) (represented by: S. Kalsmose Hjelmborg and M. Honoré, lawyers)

Defendant: European Commission (represented initially by: N. Khan and B. Martenczuken, and subsequently by B. Stromsky and L. Flynn, agents)
supported by
Kingdom of Denmark, (represented initially by: J. Bering Liisberg, subsequently by C. Vang, acting as Agents, assisted by P. Biering and K. Lundgaard Hansen, lawyers); and by TV2 Danmark A/S, (Odense C, Denmark (represented by O. Koktvedgaard, lawyer)

Re:

APPLICATION for the annulment of Commission Decision C(2008) 4224 final of 4 August 2008 in Case N 287/2008, concerning rescue aid granted to TV2 Danmark A/S

Operative part of the order







1.


There is no need to adjudicate on this action.










2.


Viasat Broadcasting UK Ltd, the European Commission, the Kingdom of Denmark and TV2 Danmark A/S shall bear their own costs.






(1)  OJ C 141, 20.6.2009.
Case C-354/11 P: Order of the Court (Seventh Chamber) of 22 March 2012 — Maurice Emram v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Guccio Gucci SpA (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the figurative mark G — Trade marks)
Date: 2012-03-22
Institutions: Court of Justice
Subjects: EU trade mark, France, clothing industry, trade-mark law








C_2012235EN.01000501.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/5





Order of the Court (Seventh Chamber) of 22 March 2012 — Maurice Emram v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Guccio Gucci SpA
(Case C-354/11 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for registration of the figurative mark G - Trade marks)
2012/C 235/07
Language of the case: French

Parties


Appellant: Maurice Emram (represented by: M. Benavï, avocat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Guccio Gucci SpA (represented by: F. Jacobacci, avvocato)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 10 May 2011 in Case T-187/10 Emram v OHIM dismissing the action brought against the decision of the First Board of Appeal of OHIM of 11 February 2010 (Case R 1281/2008-1) relating to opposition proceedings between Guccio Gucci SpA and Mr Emram — Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Application for Community figurative mark G — Likelihood of confusion — Distortion of the evidence — Incorrect assessment of the distinctive character — Infringement of the principle of equal treatment

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Emram shall pay the costs.






(1)  OJ C 282, 24.9.2011.