do-me/EUR-LEX huggingface dataset:
Case C-271/12: Reference for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 1 June 2012 — Petroma Transports SA, Martens Energie SA, Martens Immo SA, Martens SA, Fabian Martens, Geoffroy Martens, Thibault Martens v État belge
Date: 2012-06-01
Institutions: Court of Justice
Subjects: VAT, provision of services, tax relief








C_2012243EN.01000802.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/8





Reference for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 1 June 2012 — Petroma Transports SA, Martens Energie SA, Martens Immo SA, Martens SA, Fabian Martens, Geoffroy Martens, Thibault Martens v État belge
(Case C-271/12)
2012/C 243/15
Language of the case: French

Referring court

Cour d’appel de Mons

Parties to the main proceedings


Applicants: Petroma Transports SA, Martens Energie SA, Martens Immo SA, Martens SA, Fabian Martens, Geoffroy Martens, Thibault Martens

Defendant: État belge

Questions referred







1.


Is a Member State entitled to refuse to allow a deduction in favour of taxable persons who are recipients of services and are in possession of invoices which are incomplete, but which have been supplemented by the provision of information seeking to prove the occurrence, the nature and the amount of the transactions invoiced (contracts, reconstitution of figures on the basis of declarations made to the national social security institution, information on the functioning of the group involved, …)?










2.


Must a Member State which refuses, on the basis of inaccuracies in invoices, to allow a deduction in favour of taxable persons who are recipients of services not find that the invoices are then also too inaccurate to allow payment of the VAT? Consequently, is a Member State not required, in order to safeguard the principle of neutrality of VAT, to repay the VAT which has been paid to it to the companies which supplied the services thus disputed?
Communication from the Commission on the body authorised to issue certificates of origin under Regulation (EC) No 891/2009
Date: 2012-06-01
Institutions: European Commission
Subjects: Cuba, certificate of origin, import, sugar, tariff quota








C_2012155EN.01000402.xml










1.6.2012   


EN


Official Journal of the European Union


C 155/4





Communication from the Commission on the body authorised to issue certificates of origin under Regulation (EC) No 891/2009
2012/C 155/05
On the basis of Commission Regulation (EC) No 891/2009 of 25 September 2009, published in 
Official Journal of the European Union L 254 of 26 September 2009, an import tariff quota has been opened for sugar originating in Cuba.
Under Article 10 of Commission Regulation (EC) No 891/2009 of 25 September 2009, the release for free circulation of the goods imported under that quota is conditional upon presentation of a certificate of origin.
The following authority is authorised to issue certificates of origin under this Regulation:





Camara de Comercio de la Republica de Cuba




Calle 21 no 661, Vedado, la Habana (4)




PO Box 370




Ciudad Habana




CUBA




Tel. +537 8302643




Fax +537 8333042




E-mail: jur_asesoria@camara.com.cu
Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2012/285/CFSP and in Council Regulation (EU) No 377/2012, as implemented by Council Implementing Regulation (EU) No 458/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply
Date: 2012-06-01
Institutions: Council of the European Union
Subjects: Guinea-Bissau, capital movement, economic sanctions, international sanctions, peacekeeping, public safety








C_2012155EN.01000101.xml










1.6.2012   


EN


Official Journal of the European Union


C 155/1





Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2012/285/CFSP and in Council Regulation (EU) No 377/2012, as implemented by Council Implementing Regulation (EU) No 458/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau apply
2012/C 155/01
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in Annex III to Council Decision 2012/285/CFSP (1) and in Annex I to Council Regulation (EU) No 377/2012, as implemented by Council Implementing Regulation (EU) No 458/2012 (2).
The Council of the European Union has determined that the persons that appear in the above-mentioned Annexes should be included in the lists of persons which are subject to the restrictive measures provided for in Decision 2012/285/CFSP and in Regulation (EU) No 377/2012.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EU) No 377/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, to the following address:





Council of the European Union




DG C Coordination Unit




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons 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, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 142, 1.6.2012, p. 36.

(2)  OJ L 142, 1.6.2012, p. 11.
Recommendation of the European Central Bank of 1 June 2012 to the Council of the European Union on the external auditors of Banka Slovenije (ECB/2012/9)
Date: 2012-06-01
Institutions: European Central Bank
Subjects: European System of Central Banks, Slovenia, accountant, bank, self-employed person








C_2012161EN.01000101.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/1





RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 1 June 2012
to the Council of the European Union on the external auditors of Banka Slovenije
(ECB/2012/9)
2012/C 161/01
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


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










(2)


The mandate of Banka Slovenije’s current external auditors will end following the audit for the financial year 2011. It is therefore necessary to appoint external auditors from the financial year 2012.










(3)


Banka Slovenije has selected Deloitte revizija d.o.o. as its external auditors for the financial years 2012 to 2014,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that Deloitte revizija d.o.o. should be appointed as the external auditors of Banka Slovenije for the financial years 2012 to 2014.

Done at Frankfurt am Main, 1 June 2012.


The President of the ECB

Mario DRAGHI
Commission Implementing Regulation (EU) No 469/2012 of 1 June 2012 correcting Implementing Regulation (EU) No 69/2012 on the issue of licences for importing rice under the tariff quotas opened for the January 2012 subperiod by Implementing Regulation (EU) No 1273/2011
Date: 2012-06-01
Institutions: European Commission
Subjects: common organisation of markets, import (EU), import licence, rice, tariff quota








L_2012144EN.01001501.xml










5.6.2012   


EN


Official Journal of the European Union


L 144/15








            COMMISSION IMPLEMENTING REGULATION (EU) No 469/2012
of 1 June 2012
         
correcting Implementing Regulation (EU) No 69/2012 on the issue of licences for importing rice under the tariff quotas opened for the January 2012 subperiod by Implementing Regulation (EU) No 1273/2011


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 Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (2), and in particular the first paragraph of Article 5 thereof,

Whereas:







(1)


A check has revealed an error in the Annex to Commission Implementing Regulation (EU) No 69/2012 (3) regarding the quantity available for the July 2012 subperiod for the quota of broken rice falling within CN Code 1006 40 00  provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011 and with order number 09.4149.












(2)


Implementing Regulation (EU) No 69/2012 should therefore be corrected accordingly.












(3)


In order to ensure sound management of the procedure for issuing import licences, this Regulation should enter into force immediately after its publication,





HAS ADOPTED THIS REGULATION:



Article 1
In point (c) of the Annex to Implementing Regulation (EU) No 69/2012, ‧Quota of broken rice covered by CN code 1006 40 00  as provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011‧, in the line concerning the quota with order number 09.4149, the quantity ‧44 047 269‧ shall be replaced by the quantity ‧44 921 269‧.


Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 June 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 325, 8.12.2011, p. 6.

(3)  
            OJ L 24, 27.1.2012, p. 7.
Case C-277/12: Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāts (Latvia) lodged on 1 June 2012 — Vitālijs Drozdovs v AAS ‘Baltikums’
Date: 2012-06-01
Institutions: Court of Justice
Subjects: damages, motor vehicle insurance, third-party insurance








C_2012235EN.01001001.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/10





Reference for a preliminary ruling from the Latvijas Republikas Augstākās tiesas Senāts (Latvia) lodged on 1 June 2012 — Vitālijs Drozdovs v AAS ‘Baltikums’
(Case C-277/12)
2012/C 235/18
Language of the case: Latvian

Referring court

Latvijas Republikas Augstākās tiesas Senāts

Parties to the main proceedings


Applicant: Vitālijs Drozdovs

Defendant: AAS ‘Baltikums’

Questions referred







1.


Is compensation for non-material damage included in the amount of compulsory protection for personal injuries laid down in Article 3 of Council Directive 72/166/EEC (1) of 24 April 1972, the First Directive on the approximation of the laws of the 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, and in [Article 1(2)] of Council Directive 84/5/EEC (2) of 30 December 1983, the Second Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles?










2.


If the first question is answered in the affirmative, must Article 3 of Council Directive 72/166/EEC of 24 April 1972, the First Directive on the approximation of the laws of the 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, and [Article 1(2)] of Council Directive 84/5/EEC of 30 December 1983, the Second Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, be interpreted as meaning that those provisions preclude legislation of a Member State whereby civil liability applicable in that State — the maximum amount of compensation for non-material damage — is limited by the establishment of a limit that is substantially lower than the limit laid down for the insurer’s liability in the directives and in national law?






(1)  OJ 1972 L 103, p. 1.

(2)  OJ 1984 L 8, p. 17.
Reorganisation measures — Decision approving the transfer of insurance portfolio from Omniasig Vienna Insurance Group SA, as transferor, to BCR Asigurări Vienna Insurance Group SA, as transferee, and the merger by acquisition concluded between BCR Asigurări Vienna Insurance Group SA, as the acquiring company, and Omniasig Vienna Insurance Group SA, as the target company (Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
Date: 2012-06-01
Institutions: European Commission
Subjects: EU control, Romania, insurance company, merger








C_2012155EN.01000801.xml










1.6.2012   


EN


Official Journal of the European Union


C 155/8





Reorganisation measures
Decision approving the transfer of insurance portfolio from Omniasig Vienna Insurance Group SA, as transferor, to BCR Asigurări Vienna Insurance Group SA, as transferee, and the merger by acquisition concluded between BCR Asigurări Vienna Insurance Group SA, as the acquiring company, and Omniasig Vienna Insurance Group SA, as the target company
(Publication made in accordance with Article 6 of Directive 2001/17/EC of the European Parliament and of the Council on the reorganisation and winding-up of insurance undertakings)
2012/C 155/08






Insurance undertakings


S.C. BCR Asigurări Vienna Insurance Group SA, with its registered office at Str. Grigore Mora nr. 23, sector 1, Bucharest, Romania, registered at the Trade Register Office under No J40/10454/19.12.2001, Single Registration Number 14360018, represented legally by Mihail Tecău, as Chairman of the Board.
S.C. Omniasig Vienna Insurance Group SA, with its registered office at B-dul Aviatorilor nr. 28, sector 1, Bucharest, Romania, registered at the Trade Register Office under No J40/8364/29.4.1994, Single Registration Number R5589684, represented legally by Artur Borowinski, as Chairman of the Board.




Date, entry into force and nature of the decision


Decision No 211 of 11 April 2012 approving the transfer of insurance portfolio from Omniasig Vienna Insurance Group SA, as transferor, to BCR Asigurări Vienna Insurance Group SA, as transferee, and the merger by acquisition concluded between BCR Asigurări Vienna Insurance Group SA, as the acquiring company, and Omniasig Vienna Insurance Group SA, as the target company




Competent authorities


Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sector 1, Bucharest, Romania, Tax Registration Number 14045240/1.7.2001




Supervisory authority


Insurance Supervisory Commission, with its head office at Str. Amiral Constantin Bălescu nr. 18, sector 1, Bucharest, Romania, Tax Registration Number 4045240/1.7.2001




Applicable law


Act No 32/2000 on insurance and insurance supervision, as amended
Rules on the transfer of insurance portfolio between insurers, enacted by Order No 113.108/2006 of the President of the Insurance Supervisory Commission
Rules for approving the merger or division of insurers, enacted by Order No 113.111/2006 of the President of the Insurance Supervisory Commission
Communication pursuant to Article 13(2) of Regulation (EC) No 885/2006 concerning the appointment of a substitute member of the Conciliation Body instituted in the context of the clearance of accounts of the EAGF and the EAFRD
Date: 2012-06-01
Institutions: European Commission
Subjects: EAGGF, European Regional Development Fund, appointment of members, conciliation procedure (part of ordinary legislative procedure), validation of expenditure








C_2012155EN.01000401.xml










1.6.2012   


EN


Official Journal of the European Union


C 155/4





Communication pursuant to Article 13(2) of Regulation (EC) No 885/2006 concerning the appointment of a substitute member of the Conciliation Body instituted in the context of the clearance of accounts of the EAGF and the EAFRD
2012/C 155/04
The Commission has appointed Mr Herman HOOYBERGHS as substitute member of the Conciliation Body.
Special Report No 8/2012 ‘Targeting of aid for the modernisation of agricultural holdings’
Date: 2012-06-01
Institutions: European Court of Auditors
Subjects: farm modernisation, modernisation aid








C_2012155EN.01000501.xml










1.6.2012   


EN


Official Journal of the European Union


C 155/5





Special Report No 8/2012 ‘Targeting of aid for the modernisation of agricultural holdings’
2012/C 155/06
The European Court of Auditors hereby informs you that Special Report No 8/2012 ‘Targeting of aid for the modernisation of agricultural holdings’ 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 C-274/12 P: Appeal brought on 1 June 2012 by Telefónica SA against the order of the General Court (Eighth Chamber) delivered on 21 March 2012 in Case T-228/10 Telefónica v Commission
Date: 2012-06-01
Institutions: Court of Justice
Subjects: State aid, amortisation, common market, control of State aid, goodwill, reimbursement of aid, shareholding








C_2012227EN.01001501.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/15





Appeal brought on 1 June 2012 by Telefónica SA against the order of the General Court (Eighth Chamber) delivered on 21 March 2012 in Case T-228/10 Telefónica v Commission
(Case C-274/12 P)
2012/C 227/21
Language of the case: Spanish

Parties


Appellant: Telefónica SA (represented by: J. Ruiz Calzado, abogado, M. Núñez-Müller, Rechtsanwalt, and J. Domínguez Pérez, abogado)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court of Justice should:






—


set aside the order under appeal;










—


declare the action for annulment in Case T-228/10 admissible and refer the case back to the General Court for it to give judgment on the substance of the dispute;










—


order the Commission to pay all the costs of the proceedings at both instances relating to admissibility.





Grounds of appeal and main arguments







1.


The General Court erred in law in adopting a decision which infringes the right to an effective remedy. In considering, in a general manner, that the option of a reference for a preliminary ruling is always adequate and possible, the General Court infringed the appellant’s right at first instance to an effective remedy, such as laid down in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and which is recognised expressly in Article 47 of the Charter of Fundamental Rights of the European Union.










2.


The General Court erred in law by wrongly interpreting the case-law on the admissibility of actions against decisions on State aid declaring an aid scheme unlawful and incompatible.










3.


The General Court erred in law in interpreting the fourth paragraph of Article 263 TFEU, in fine. The General Court erred in law in stating that decisions regarding State aid schemes, such as the contested decision, entail implementing measures within the meaning of the new Treaty provision (the fourth paragraph of Article 263 TFEU). In its order, the General Court failed to recognise that a negative decision regarding State aid has direct effect, immediately renders the aid granted unlawful, and normally implies an obligation on the part of the Member States to recover such aid.
Euro exchange rates
Date: 2012-06-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2012155EN.01000201.xml










1.6.2012   


EN


Official Journal of the European Union


C 155/2





Euro exchange rates (1)

31 May 2012
2012/C 155/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2403




JPY


Japanese yen


97,66




DKK


Danish krone


7,4319




GBP


Pound sterling


0,79990




SEK


Swedish krona


8,9752




CHF


Swiss franc


1,2010




ISK


Iceland króna


 




NOK


Norwegian krone


7,5235




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,693




HUF


Hungarian forint


301,65




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6977




PLN


Polish zloty


4,3915




RON


Romanian leu


4,4729




TRY


Turkish lira


2,2960




AUD


Australian dollar


1,2736




CAD


Canadian dollar


1,2761




HKD


Hong Kong dollar


9,6307




NZD


New Zealand dollar


1,6439




SGD


Singapore dollar


1,5956




KRW


South Korean won


1 463,01




ZAR


South African rand


10,5726




CNY


Chinese yuan renminbi


7,8989




HRK


Croatian kuna


7,5675




IDR


Indonesian rupiah


11 816,10




MYR


Malaysian ringgit


3,9380




PHP


Philippine peso


53,922




RUB


Russian rouble


41,2975




THB


Thai baht


39,516




BRL


Brazilian real


2,4935




MXN


Mexican peso


17,5664




INR


Indian rupee


69,5930






(1)  Source: reference exchange rate published by the ECB.