do-me/EUR-LEX huggingface dataset:
Declarations by Ireland concerning Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union
Date: 2012-03-29
Institutions: Ireland
Subjects: enforcement of ruling, judicial cooperation in criminal matters in the EU, mutual recognition principle








L_2012091EN.01002801.xml










29.3.2012   


EN


Official Journal of the European Union


L 91/28







Declarations by Ireland concerning Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union


Declaration by Ireland concerning Article 7 of the Framework Decision

In accordance with Article 7(4), Ireland hereby declares that it will not apply paragraph 1 of Article 7 following the entry into force of this Framework Decision.

Declaration by Ireland concerning Article 28 of the Framework Decision

In accordance with Article 28(2), Ireland hereby declares that, in cases where the final judgment has been issued prior to the date on which the Framework Decision enters into force, Ireland will, as an issuing and an executing State, continue to apply the legal instruments on the transfer of sentenced persons applicable prior to this Framework Decision.
Special Report No 1/2012 ‘Effectiveness of European Union development aid for food security in sub-Saharan Africa’
Date: 2012-03-29
Institutions: European Court of Auditors
Subjects: EU aid, development aid, food safety, sub-Saharan Africa








C_2012092EN.01000201.xml










29.3.2012   


EN


Official Journal of the European Union


C 92/2





Special Report No 1/2012 ‘Effectiveness of European Union development aid for food security in sub-Saharan Africa’
2012/C 92/02
The European Court of Auditors hereby informs you that Special Report No 1/2012 ‘Effectiveness of European Union development aid for food security in sub-Saharan Africa’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case T-236/10: Order of the General Court of 29 March 2012 — Asociación Española de Banca v European Commission (Actions for annulment — State aid — Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Association — Lack of individual concern — Inadmissibility)
Date: 2012-03-29
Institutions: General Court
Subjects: State aid, amortisation, common market, financial market, shareholding








C_2012151EN.01002802.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/28





Order of the General Court of 29 March 2012 — Asociación Española de Banca v European Commission
(Case T-236/10) (1)

(Actions for annulment - State aid - Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions - Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid - Association - Lack of individual concern - Inadmissibility)
2012/C 151/46
Language of the case: Spanish

Parties


Applicant: Asociación Española de Banca (Madrid, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, lawyers)

Defendant: European Commission (represented by: R. Lyal and C. Urraca Caviedes, acting as Agents)

Re:

Application for annulment of Article 1(1) and, alternatively, Article 4 of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48).

Operative part of the order







1.


The action is dismissed.










2.


Asociación Española de Banca is to pay the costs.






(1)  OJ C 195, 17.7.2010.
Case F-126/11: Action brought on 28 November 2011 — ZZ v Commission
Date: 2012-03-29
Institutions: Civil Service Tribunal
Subjects: European civil service, administrative sanction, indemnification, psychological harassment








C_2012174EN.01003101.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/31





Action brought on 28 November 2011 — ZZ v Commission
(Case F-126/11)
2012/C 174/49
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Boury, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

The application to annul the decision of the Appointing Authority as far as it imposes a disciplinary measure in the form of a written reprimand on the applicant.

Form of order sought







—


annul the Appointing Authority’s decision CMS 10/038 to issue a written reprimand to the applicant, and Appointing Authority Decision No R/393/11 which confirmed the first decision;










—


declare that the written reprimand issued by the Appointing Authority to the applicant, without the production of cogent evidence of the alleged acts of harassment of which his is accused and without a proper independent, impartial and fair investigation being carried out which would establish the truth about the alleged harassment which the applicant is accused of committing against his colleague, is a discretionary sanction which constitutes an act of discrimination by the Appointing Authority against the applicant;










—


declare that throughout the case the applicant has suffered serious material and non-material damage and that he is, as a result, entitled to compensation for that damage, which is to be determined according to the criteria to be laid down by the Tribunal;










—


declare, in particular that throughout the proceedings and the previous connected cases, the applicant has been the victim of serious infringements of his human rights, rights enshrined in the Treaties, in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and that he is, as a result, entitled to compensation for those infringements, which is for the Tribunal to decide.
Euro exchange rates
Date: 2012-03-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2012092EN.01000101.xml










29.3.2012   


EN


Official Journal of the European Union


C 92/1





Euro exchange rates (1)

28 March 2012
2012/C 92/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3337




JPY


Japanese yen


110,74




DKK


Danish krone


7,4361




GBP


Pound sterling


0,83900




SEK


Swedish krona


8,8800




CHF


Swiss franc


1,2063




ISK


Iceland króna


 




NOK


Norwegian krone


7,6110




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,603




HUF


Hungarian forint


292,66




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7005




PLN


Polish zloty


4,1568




RON


Romanian leu


4,3733




TRY


Turkish lira


2,3763




AUD


Australian dollar


1,2824




CAD


Canadian dollar


1,3289




HKD


Hong Kong dollar


10,3536




NZD


New Zealand dollar


1,6304




SGD


Singapore dollar


1,6761




KRW


South Korean won


1 514,05




ZAR


South African rand


10,2030




CNY


Chinese yuan renminbi


8,3967




HRK


Croatian kuna


7,5060




IDR


Indonesian rupiah


12 232,74




MYR


Malaysian ringgit


4,0834




PHP


Philippine peso


57,280




RUB


Russian rouble


38,9312




THB


Thai baht


41,038




BRL


Brazilian real


2,4262




MXN


Mexican peso


16,9715




INR


Indian rupee


67,7250






(1)  Source: reference exchange rate published by the ECB.
Case T-111/10: Judgment of the General Court of 29 March 2012 — Portugal v Commission (ERDF — Reduction of financial assistance — Operational Programme seeking modernisation of the economic fabric in Portugal — Absence of precise and verifiable binding objectives — Legitimate expectations)
Date: 2012-03-29
Institutions: General Court
Subjects: EU aid, European Regional Development Fund, structural adjustment








C_2012138EN.01001601.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/16






Judgment of the General Court of 29 March 2012 — Portugal v Commission
(Case T-111/10) (1)

(ERDF - Reduction of financial assistance - Operational Programme seeking modernisation of the economic fabric in Portugal - Absence of precise and verifiable binding objectives - Legitimate expectations)
(2012/C 138/28)
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, and by N. Mimoso Ruiz, P. Moura Pinheiro and J. Silva Martins, lawyers)

Defendant: European Commission (represented by: initially A. Steiblytė and G. Braga da Cruz and subsequently A. Steiblytė and P. Guerra e Andrade, Agents)

Re:

Application for annulment of Commission Decision C(2009) 10624 of 21 December 2009 reducing the assistance of the European Regional Development Fund (ERDF) granted to Portugal in respect of the Operational Programme ‘Modernisation of the economic fabric’, CCI: 1994 PT 16 1 PO 004 (ex ERDF ref. 94.12.09.004) by Commission Decision C (94)464/3 of 4 March 1994 authorising financial assistance from the ERDF.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 113, 1.5.2010.
Case C-564/10: Judgment of the Court (Fourth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Bundesanstalt für Landwirtschaft und Ernährung v Pfeifer & Langen KG (Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Articles 3 and 4 — Administrative measures — Recovery of wrongly obtained advantages — Default and compensatory interest due under national law — Application of the limitation rules in Regulation No 2988/95 to the recovery of default interest — Start of the limitation period — Concept of suspension — Concept of interruption)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: EU aid, EU control, interest, reimbursement of aid








C_2012151EN.01000701.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/7





Judgment of the Court (Fourth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Bundesanstalt für Landwirtschaft und Ernährung v Pfeifer & Langen KG
(Case C-564/10) (1)

(Regulation (EC, Euratom) No 2988/95 - Protection of the European Union’s financial interests - Articles 3 and 4 - Administrative measures - Recovery of wrongly obtained advantages - Default and compensatory interest due under national law - Application of the limitation rules in Regulation No 2988/95 to the recovery of default interest - Start of the limitation period - Concept of suspension - Concept of interruption)
2012/C 151/12
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Bundesanstalt für Landwirtschaft und Ernährung

Defendant: Pfeifer & Langen KG

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of Article 3 of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ 1995 L 312, p. 1) — Recovery of aid wrongly paid — Applicability of Article 3 of Regulation (EC, Euratom) No 2988/95 to the limitation period in respect of interest payable under national law in addition to the reimbursement of the sums wrongly paid

Operative part of the judgment

Article 3 of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests must be interpreted as meaning that the limitation period that it lays down for the principal claim, relating to the recovery of an advantage wrongly received from the European Union budget, does not apply to the recovery of interest arising from that claim, where that interest is not due under European Union law, but exclusively under an obligation of national law.


(1)  OJ C 72, 5.3.2011.
Case T-242/11: Judgment of the General Court of 29 March 2012 — Kaltenbach & Voigt v OHIM (3D eXam) (Community trade mark — International registration — Request for territorial extension of protection — Figurative mark 3D eXam — Absolute grounds for refusal — Descriptive character and lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2012-03-29
Institutions: General Court
Subjects: EU trade mark, dental medicine, registered trade mark, trade-mark law








C_2012138EN.01001702.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/17






Judgment of the General Court of 29 March 2012 — Kaltenbach & Voigt v OHIM (3D eXam)
(Case T-242/11) (1)

(Community trade mark - International registration - Request for territorial extension of protection - Figurative mark 3D eXam - Absolute grounds for refusal - Descriptive character and lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
(2012/C 138/32)
Language of the case: English

Parties


Applicant: Kaltenbach & Voigt GmbH (Biberach an der Riß, Germany) (represented by: M. Graf, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 March 2011 (Case R 2361/2010-2) relating to a territorial extension to the European Union of the protection of the international registration of the figurative mark 3D eXam

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kaltenbach & Voigt GmbH to pay the costs.






(1)  OJ C 211, 16.7.2011.
Case C-417/10: Judgment of the Court (Fourth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Corte suprema di cassazione — Italy) — Ministero dell’Economia e delle Finanze, Agenzia delle Entrate v 3M Italia SpA (Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non-discrimination — State aid — Obligation to ensure the effective application of European Union law)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: Italy, corporation tax, judicial proceedings, misuse of a right








C_2012151EN.01000502.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/5





Judgment of the Court (Fourth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Corte suprema di cassazione — Italy) — Ministero dell’Economia e delle Finanze, Agenzia delle Entrate v 3M Italia SpA
(Case C-417/10) (1)

(Direct taxation - Conclusion of proceedings pending before the court giving judgment at final instance in tax matters - Abuse of rights - Article 4(3) TEU - Freedoms guaranteed by the Treaty - Principle of non-discrimination - State aid - Obligation to ensure the effective application of European Union law)
2012/C 151/09
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicants: Ministero dell’Economia e delle Finanze, Agenzia delle Entrate

Defendant: 3M Italia SpA

Re:

Reference for a preliminary ruling — Corte suprema di cassazione — Corporation tax — National legislation providing for different rates of tax on the dividends of a company depending on where it is resident — Commercial transaction involving the participation of companies resident in Italy and companies established abroad — Decision of the authorities considering that the taxes payable were applicable in the case of the companies resident abroad — Concept of the abuse of rights as defined in Case C-255/02 Halifax and Others — Whether applicable to non-harmonised domestic taxes such as direct taxes

Operative part of the judgment

European Union law, in particular the principle of the prohibition of abuse of rights, Article 4(3) TEU, the freedoms guaranteed by the FEU Treaty, the principle of non-discrimination, the rules on State aid and the obligation to ensure the effective application of European Union law, must be interpreted as not precluding the application, in a case such as that in the main proceedings relating to direct taxation, of a provision of national law which provides for proceedings pending before the court giving judgment at final instance in tax matters to be concluded in return for payment of a sum equivalent to 5 % of the value of the claim, where those proceedings originate in an application made at first instance more than 10 years before the date of entry into force of that provision and the tax authorities have been unsuccessful at first and second instance.


(1)  OJ C 288, 23.10.2010.
Case T-398/07: Judgment of the General Court of 29 March 2012 — Spain v Commission (Competition — Abuse of dominant position — Spanish broadband internet access markets — Decision finding an infringement of Article 82 EC — Price-fixing — Margin squeeze — Sincere cooperation — Ultra vires application of Article 82 EC — Legal certainty — Protection of legitimate expectations)
Date: 2012-03-29
Institutions: General Court
Subjects: dominant position, fine, telecommunications industry, transmission network








C_2012138EN.01001302.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/13






Judgment of the General Court of 29 March 2012 — Spain v Commission
(Case T-398/07) (1)

(Competition - Abuse of dominant position - Spanish broadband internet access markets - Decision finding an infringement of Article 82 EC - Price-fixing - Margin squeeze - Sincere cooperation - Ultra vires application of Article 82 EC - Legal certainty - Protection of legitimate expectations)
(2012/C 138/22)
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: N. Díaz Abad, abogado del Estado)

Defendant: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and K. Mojzesowicz, Agents)

Re:

Annulment of Commission Decision C(2007) 3196 final of 4 July 2007 relating to a proceeding pursuant to Article 82 [EC] (Case COMP/38.784 — Wanadoo España v Telefónica).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 8, 12.1.2008.