do-me/EUR-LEX huggingface dataset:
Case C-370/11: Judgment of the Court (Sixth Chamber) of 10 May 2012 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Articles 36 and 40 of the EEA Agreement — Discriminatory taxation of the capital gains obtained on the repurchase of shares in collective investment undertakings established in Norway or Iceland and not authorised under Directive 85/611/EEC)
Date: 2012-05-10
Institutions: Court of Justice
Subjects: Iceland, Norway, free movement of capital, investment company, residence, securities, tax inspection








C_2012194EN.01000501.xml










30.6.2012   


EN


Official Journal of the European Union


C 194/5





Judgment of the Court (Sixth Chamber) of 10 May 2012 — European Commission v Kingdom of Belgium
(Case C-370/11) (1)

(Failure of a Member State to fulfil obligations - Articles 36 and 40 of the EEA Agreement - Discriminatory taxation of the capital gains obtained on the repurchase of shares in collective investment undertakings established in Norway or Iceland and not authorised under Directive 85/611/EEC)
2012/C 194/07
Language of the case: French

Parties


Applicant: European Commission (represented by: W. Mölls, Agent)

Defendant: Kingdom of Belgium (represented by: J.-C. Halleux and M. Jacobs, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 36 and 40 of the Agreement on the European Economic Area — Discriminatory taxation of the capital gains obtained on the repurchase of shares in collective investment undertakings established in Norway or Iceland and not authorised under Directive 85/611/EC

Operative part of the judgment

The Court:






1.


Declares that, by maintaining rules according to which the capital gains obtained on the repurchase of shares in collective investment undertakings, more than 40 % of the assets of which is invested in debt securities, and which are not authorised under Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), are not taxable where those undertakings are established in Belgium, whereas the capital gains obtained on the repurchase of shares in such undertakings established in Norway or Iceland are taxable, the Kingdom of Belgium failed to fulfil its obligations under Article 40 of the Agreement on the European Economic Area of 2 May 1992.










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 290, 1.10.2011.
2014/35/EU: Council Decision of 10 May 2012 on the signature, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Macao Special Administrative Region of the People’s Republic of China on certain aspects of air services
Date: 2012-05-10
Institutions: Council of the European Union
Subjects: Macao, air transport, interim agreement (EU), signature of an agreement




L_2014021EN.01000101.xml










24.1.2014   


EN


Official Journal of the European Union


L 21/1








            COUNCIL DECISION
         
of 10 May 2012
         
on the signature, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Macao Special Administrative Region of the People’s Republic of China on certain aspects of air services
(2014/35/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


By its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.












(2)


On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Macao Special Administrative Region of the People's Republic of China on certain aspects of air services (‘the Agreement’) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.












(3)


The Agreement should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Agreement between the European Union and the Government of the Macao Special Administrative Region of the People’s Republic of China on certain aspects of air services is hereby authorised, subject to the conclusion of the said Agreement. The text of the Agreement is attached to this Decision.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3

1.   Pending its entry into force, the Agreement shall be applied on a provisional basis, in accordance with Article 8(2) of the Agreement, as from the first day of the month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose (1).


2.   The President of the Council is hereby authorised to make the notification provided for in Article 8(2) of the Agreement.



Article 4
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 10 May 2012.


For the Council


The President

U. ELBÆK
            





(1)  The date from which the Agreement will be applied on a provisional basis will be published in the Official Journal of the European Union by the General Secretariat of the Council.
2012/583/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Network and Information Security Agency for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: European Union Agency for Cybersecurity, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01022801.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/228








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Network and Information Security Agency for the financial year 2010
(2012/583/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2010, together with the Agency’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0136/2012),






1.   

Approves the closure of the accounts of the European Network and Information Security Agency for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Executive Director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 15.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 77, 13.3.2004, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
Case T-571/08 RENV: Order of the General Court of 10 May 2012 — Germany v Commission
Date: 2012-05-10
Institutions: General Court
Subjects: access to information, disclosure of information, postal service








C_2012200EN.01002002.xml










7.7.2012   


EN


Official Journal of the European Union


C 200/20





Order of the General Court of 10 May 2012 — Germany v Commission
(Case T-571/08 RENV) (1)

2012/C 200/41
Language of the case: German
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 55, 7.3.2009.
2012/621/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Food Safety Authority for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: European Food Safety Authority, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01037601.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/376








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Food Safety Authority for the financial year 2010
(2012/621/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Food Safety Authority for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2010, together with the Authority’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) establishing a European Food Safety Authority, and in particular Article 44 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0106/2012),






1.   

Postpones the closure of the accounts of the European Food Safety Authority for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 106.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 31, 1.2.2002, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
2012/589/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: European Agency for Safety and Health at Work, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01025201.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/252








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2010
(2012/589/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2010, together with the Agency’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (3), and in particular Article 14 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0117/2012),






1.   

Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 45.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 216, 20.8.1994, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
2012/579/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: European Monitoring Centre for Drugs and Drug Addiction, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01021201.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/212








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010
(2012/579/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010, together with the Centre’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (3), and in particular Article 15 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0134/2012),






1.   

Approves the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Director of the European Monitoring Centre for Drugs and Drug Addiction, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 156.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 376, 27.12.2006, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.
Consideration in committee of written questions that have not been answered (interpretation of Rule 117(3) of the Rules of Procedure) European Parliament decision of 10 May 2012 concerning consideration in committee of written questions that have not been answered (interpretation of Rule 117(3) of the Rules of Procedure)
Date: 2012-05-10
Institutions: European Parliament
Subjects: Member of the European Parliament, interpretation of the law, operation of the Institutions, parliamentary committee, written question








CE2013261EN.01005001.xml










10.9.2013   


EN


Official Journal of the European Union


CE 261/50





Thursday 10 May 2012Consideration in committee of written questions that have not been answered (interpretation of Rule 117(3) of the Rules of Procedure)
P7_TA(2012)0204
European Parliament decision of 10 May 2012 concerning consideration in committee of written questions that have not been answered (interpretation of Rule 117(3) of the Rules of Procedure)
2013/C 261 E/10

The European Parliament,






—


having regard to the letter of 27 April 2012 from the Chair of the Committee on Constitutional Affairs,










—


having regard to Rule 211 of its Rules of Procedure,










1.


Decides to append the following interpretation to Rule 117(3):
‘Since the chair of a committee is empowered by Rule 193(1) to convene a meeting of that committee, it is up to him, in the interest of the proper organisation of proceedings, to determine the draft agenda of the meeting he has convened. This prerogative is without prejudice to his obligation under Rule 117(3) to place a written question, at the request of its author, on the draft agenda for the next meeting of the committee. However, the chair has the discretionary power to propose, in the light of political priorities, the agenda and procedural arrangements for the meeting (e.g. a procedure without debate, possibly with the adoption of a decision on action to be taken, or, where appropriate, a recommendation to carry over the item to a subsequent meeting).’










2.


Instructs its President to forward this decision to the Council and the Commission, for information.
2012/575/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Chemicals Agency for the financial year 2010
Date: 2012-05-10
Institutions: European Parliament
Subjects: European Chemicals Agency, closing of accounts, general budget (EU), implementation of the budget








L_2012286EN.01019901.xml










17.10.2012   


EN


Official Journal of the European Union


L 286/199








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 10 May 2012
         
on the closure of the accounts of the European Chemicals Agency for the financial year 2010
(2012/575/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Chemicals Agency for the financial year 2010,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2010, together with the Agency’s replies (1),










—


having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0126/2012),






1.   

Approves the closure of the accounts of the European Chemicals Agency for the financial year 2010;



2.   

Instructs its President to forward this Decision to the Executive Director of the European Chemicals Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 366, 15.12.2011, p. 33.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 396, 30.12.2006, p. 1.

(4)  
            OJ L 357, 31.12.2002, p. 72.