do-me/EUR-LEX huggingface dataset:
Case C-452/10 P: Judgment of the Court (Second Chamber) of 21 June 2012 — BNP Paribas, Banca Nazionale del Lavoro SpA (BNL) v European Commission (Appeals — State aid — Scheme for the realignment of the value of assets for tax purposes — Banking sector — Taxation of capital gains — Substitute tax — Selectivity)
Date: 2012-06-21
Institutions: Court of Justice
Subjects: Italy, State aid, bank, capital gains tax








C_2012250EN.01000202.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/2





Judgment of the Court (Second Chamber) of 21 June 2012 — BNP Paribas, Banca Nazionale del Lavoro SpA (BNL) v European Commission
(Case C-452/10 P) (1)

(Appeals - State aid - Scheme for the realignment of the value of assets for tax purposes - Banking sector - Taxation of capital gains - Substitute tax - Selectivity)
2012/C 250/03
Language of the case: Italian

Parties


Appellants: BNP Paribas, Banca Nazionale del Lavoro SpA (BNL) (represented by: R. Silvestri, G. Escalar and M. Todino, avvocati)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and D. Grespan, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 1 July 2010 in Case T-335/08 BNP Paribas and BNL v Commission, by which that Court dismissed an application for annulment of Commission Decision 2008/711/EC of 11 March 2008 on State aid C 15/07 (ex NN 20/07) implemented by Italy on the tax incentives in favour of certain restructured banks (OJ 2008 L 237, p. 70).

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union in Case T-335/08 BNP Paribas and BNL v Commission [2010] ECR II-3323 to the extent that it infringed Article 107(1) TFEU;










2.


Dismisses the action brought by BNP Paribas and Banca Nazionale del Lavoro (BNL);










3.


Orders BNP Paribas and Banca Nazionale del Lavoro SpA (BNL) and the European Commission to bear their own costs;










4.


Orders BNP Paribas and Banca Nazionale del Lavoro SpA (BNL) to pay the costs incurred before the General Court of the European Union.






(1)  OJ C 317, 20.11.2010.
Corrigendum to notice of open competition 2012/C 168/06 ( OJ C 168, 14.6.2012 )
Date: 2012-06-21
Institutions: European Personnel Selection Office
Subjects: EPSO, assistant, competition (EU)








C_2012180EN.01002701.xml










21.6.2012   


EN


Official Journal of the European Union


C 180/27





Corrigendum to notice of open competition 2012/C 168/06
(
Official Journal of the European Union C 168 of 14 June 2012
)
2012/C 180/13
The publication of notice of open competition 2012/C 168/06 is to be considered null and void.
Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 247, 13.10.2006, p. 17 ; OJ C 77, 5.4.2007, p. 11 ; OJ C 153, 6.7.2007, p. 21 ; OJ C 331, 31.12.2008, p. 15 ; OJ C 87, 1.4.2010, p. 15 )
Date: 2012-06-21
Institutions: European Commission
Subjects: Liechtenstein, Schengen Agreement, border control, disclosure of information, external border of the EU, foreign national








C_2012180EN.01000201.xml










21.6.2012   


EN


Official Journal of the European Union


C 180/2





Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21; OJ C 331, 31.12.2008, p. 15; OJ C 87, 1.4.2010, p. 15)
2012/C 180/02
The publication of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.
In addition to the publication in the Official Journal, a monthly update is available on the website of Directorate-General for Justice, Freedom and Security.
LIECHTENSTEIN

Amendment of the information published in OJ C 247, 13.10.2006


As Liechtenstein does not have a Schengen external border, it has no national service responsible for border control.
Notice of the expiry of certain anti-dumping measures
Date: 2012-06-21
Institutions: European Commission
Subjects: China, anti-dumping duty, import (EU), originating product, two-wheeled vehicle, vehicle parts








C_2012180EN.01001401.xml










21.6.2012   


EN


Official Journal of the European Union


C 180/14





Notice of the expiry of certain anti-dumping measures
2012/C 180/09
Further to the publication of a notice of impending expiry (1) following which no duly substantiated request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2).









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Saddles


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 691/2007 (OJ L 160, 21.6.2007, p. 1)


22.6.2012






(1)  OJ C 257, 1.9.2011, p. 7.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  The measure expires at midnight of the day mentioned in this column.
Case C-84/11: Judgment of the Court (Third Chamber) of 21 June 2012 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Marja-Liisa Susisalo, Olli Tuomaala, Merja Ritala (Article 49 TFEU — Freedom of establishment — Public health — Pharmacies — National licensing scheme for the operation of pharmacies — Establishment of branch pharmacies — Conditions which differ according to whether the pharmacy is a private pharmacy or a University of Helsinki pharmacy — University of Helsinki Pharmacy having specific tasks in connection with pharmacy teaching and pharmaceutical services)
Date: 2012-06-21
Institutions: Court of Justice
Subjects: interpretation of the law, medicinal product, pharmacy, public health, right of establishment, university








C_2012250EN.01000601.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/6





Judgment of the Court (Third Chamber) of 21 June 2012 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Marja-Liisa Susisalo, Olli Tuomaala, Merja Ritala
(Case C-84/11) (1)

(Article 49 TFEU - Freedom of establishment - Public health - Pharmacies - National licensing scheme for the operation of pharmacies - Establishment of branch pharmacies - Conditions which differ according to whether the pharmacy is a private pharmacy or a University of Helsinki pharmacy - University of Helsinki Pharmacy having specific tasks in connection with pharmacy teaching and pharmaceutical services)
2012/C 250/09
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties in the main proceedings

Marja-Liisa Susisalo, Olli Tuomaala, Merja Ritala
Intervening party Helsingin yliopiston apteekki

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Articles 49 and 106(2) TFEU — Freedom of establishment — Licensing scheme for the operation of pharmacies — National law providing for a licensing scheme for the operation of pharmacies with conditions which are more favourable for University pharmacies than for private pharmacies — University Pharmacy having specific responsibilities relating to pharmacy teaching and to the supply of medicines

Operative part of the judgment

Article 49 TFEU must be interpreted as meaning that it does not preclude a national law, such as that at issue in the main proceedings, which provides for a licensing scheme for the operation of branch pharmacies specific to the Helsingin yliopiston apteekki which is more favourable than that applicable to private pharmacies, provided that — which is for the referring court to verify — the branches of the Helsingin yliopiston apteekki actually participate in the accomplishment of the specific tasks relating to the teaching of pharmacy students, research on pharmaceutical services and the manufacture of rare pharmaceutical preparations conferred on the latter by national law


(1)  OJ C 145, 14.5.2011.
Case T-531/11: Order of the General Court of 21 June 2012 — Hamas v Council (Annulment action — Restrictive measures with a view to combating terrorism — Lis pendens)
Date: 2012-06-21
Institutions: General Court
Subjects: capital movement, economic sanctions, international sanctions, terrorism








C_2012250EN.01001403.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/14





Order of the General Court of 21 June 2012 — Hamas v Council
(Case T-531/11) (1)

(Annulment action - Restrictive measures with a view to combating terrorism - Lis pendens)
2012/C 250/27
Language of the case: French

Parties


Applicant: Hamas (Damascus, Syria and Gaza, Gaza Strip) (represented by: L. Glock, lawyer)

Defendant: Council (represented: initially by T. Szostak and G. Marhic, and subsequently by B. Driessen and G.Étienne, Agents)

Re:

Initially, action for annulment of Council Implementing Regulation (EU) No 687/2011 of 18 July 2011 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulations No 610/2010 and (EU) No 83/2011 (OJ 2011 L 188, p. 2), and Council Decision 2011/430/CFSP of 18 July 2011 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (OJ 2011 L 188, p. 47), in so far as the applicant organisation’s name is maintained on the list of persons, groups and entities to which the freezing of funds and economic resources laid down with a view to combating terrorism.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


There is no need to give a ruling on the European Commission’s application for leave to intervene.










3.


Hamas is ordered to bear its own costs and to pay those by the Council of the European Union.






(1)  OJ C 126, 28.4.2012.
Case F-64/12: Action brought on 21 June 2012 — ZZ v EEAS
Date: 2012-06-21
Institutions: Civil Service Tribunal
Subjects: administrator, indemnification, promotion








C_2012258EN.01002801.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/28





Action brought on 21 June 2012 — ZZ v EEAS
(Case F-64/12)
2012/C 258/50
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Casado Garcia-Hirschfeld, lawyer)

Defendant: European External Action Service

Subject-matter and description of the proceedings

Application for annulment of the decision not to include the applicant in the list of officials promoted to Grade AD 6 under the 2011 promotion procedure and for an order that the defendant pay compensation for the damage suffered.

Form of order sought







—


Annul the decision of the appointing authority of 15 November 2011 not to promote the applicant to Grade AD 6 under the 2011 promotion procedure;










—


Annul, in so far as necessary, the decision of 23 March 2011 rejecting the complaint;










—


Order the EEAS to pay the applicant an amount fixed ex aequo et bono at EUR 6 000 by way of compensation for the non-material and professional damage he has suffered, with interest for delayed payment at the legal rate from the date at which that amount becomes due;










—


Order the EEAS to pay the costs.
Council Decision of 21 June 2012 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg
Date: 2012-06-21
Institutions: Council of the European Union
Subjects: European Agency for Safety and Health at Work, Luxembourg, appointment of members, board of management








C_2012187EN.01000201.xml










27.6.2012   


EN


Official Journal of the European Union


C 187/2





COUNCIL DECISION
of 21 June 2012
appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg
2012/C 187/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
Having regard to the list of nominations for appointment submitted to the Council by the Governments of the Member States and by the employers' and the employees' organisations,
Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
Whereas:






(1)


By Decisions of 22 November 2010 (2), 7 March 2011 (3), 21 March 2011 (4) and 18 July 2011 (5), the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013.










(2)


The Government of Luxembourg has submitted nominations for a number of posts to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following shall be appointed members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2013:
GOVERNMENT REPRESENTATIVES







Country


Members


Alternate members




Luxembourg


Mr Paul WEBER


Mr Robert HUBERTY




Article 2
The Council will appoint the members and alternate members not yet nominated at a later date.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 21 June 2012.


For the Council


The President

M. FREDERIKSEN




(1)  OJ L 216, 20.8.1994, p. 1.

(2)  OJ C 322, 27.11.2010, p. 3.

(3)  OJ C 83, 17.3.2011, p. 2.

(4)  OJ C 92, 24.3.2011, p. 8.

(5)  OJ C 217, 23.7.2011, p. 27.
Commission Decision of 21 June 2012 appointing independent scientific experts to the Pharmacovigilance Risk Assessment Committee  Text with EEA relevance
Date: 2012-06-21
Institutions: European Commission
Subjects: appointment of members, drug surveillance, scientific committee (EU), scientific profession








C_2012182EN.01000901.xml










22.6.2012   


EN


Official Journal of the European Union


C 182/9





COMMISSION DECISION
of 21 June 2012
appointing independent scientific experts to the Pharmacovigilance Risk Assessment Committee
(Text with EEA relevance)
2012/C 182/06
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 61a(1) thereof,
Whereas:






(1)


Article 61a(1) of Regulation (EC) No 726/2004 requires that the Commission appoints six independent scientific experts as members of the Pharmacovigilance Risk Assessment Committee.










(2)


Article 61a(1) of Regulation (EC) No 726/2004 provides that the Commission is to appoint those members with a view to ensuring that the relevant expertise is available within the Committee.










(3)


In accordance with Article 61a(1) of Regulation (EC) No 726/2004, a public call for expression of interest has been undertaken by the Commission.










(4)


The members of the Committee are to be appointed for a period of three years starting on 2 July 2012, which may be prolonged once.










(5)


Where an independent scientific expert appointed by this decision is no longer capable of contributing efficiently to the work of the Committee, or resigns, the Commission may replace this member from the reserve list, for the remaining duration of the member’s mandate,




HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed members of the Pharmacovigilance Risk Assessment Committee for a term of three years from 2 July 2012:






—


Jane Ahlqvist RASTAD,










—


Marie Louise DE BRUIN,










—


Stephen J. W. EVANS,










—


Brigitte KELLER-STANISLAWSKI,










—


Hervé LE LOUET,










—


Lennart WALDENLIND.




Article 2
The following are hereby placed on a reserve list by order of merit:






—


Thierry TRENQUE,










—


Michael THEODORAKIS,










—


Giampiero MAZZAGLIA,










—


Marie-Christine PERAULT-POCHAT,










—


Annemarie HVIDBERG HELLEBEK.





Done at Brussels, 21 June 2012.


For the Commission

John DALLI

Member of the Commission





(1)  OJ L 136, 30.4.2004, p. 1.
Commission Decision of 21 June 2012 appointing members of the Committee for Orphan Medicinal Products  Text with EEA relevance
Date: 2012-06-21
Institutions: European Commission
Subjects: European Medicines Agency, appointment of members, medicinal product, patient's rights








C_2012182EN.01000801.xml










22.6.2012   


EN


Official Journal of the European Union


C 182/8





COMMISSION DECISION
of 21 June 2012
appointing members of the Committee for Orphan Medicinal Products
(Text with EEA relevance)
2012/C 182/05
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (1), and in particular Article 4(3) thereof,
Having regard to the recommendation of the European Medicines Agency of 1 February 2012,
Whereas:






(1)


The term of office of four members of the Committee for Orphan Medicinal Products, hereinafter ‘the Committee’, set up in accordance with Article 4 of Regulation (EC) No 141/2000, expires on 30 June 2012. One member of the Committee whose term of office expires was appointed by the Commission on the basis of a recommendation from the European Medicines Agency. Three other members whose term of office expires were appointed by the Commission to represent patients' organisations. It is necessary, therefore, to appoint four members to the Committee.










(2)


The European Medicines Agency has recommended one person for nomination.










(3)


The members of the Committee should be appointed for a period of three years starting on 1 July 2012,




HAS DECIDED AS FOLLOWS:
Article 1
The following are hereby reappointed members of the Committee to represent patients’ organisations for a term of three years, from 1 July 2012:






 


Ms Lesley Claire GREENE,










 


Ms Birthe BYSKOV HOLM,










 


Dr Marie Pauline EVERS.




Article 2
On the recommendation of the European Medicines Agency, the following is hereby appointed member of the Committee for a term of three years, from 1 July 2012:
Dr Catherine MORAITI.

Done at Brussels, 21 June 2012.


For the Commission

John DALLI

Member of the Commission





(1)  OJ L 18, 22.1.2000, p. 1.
Joined Cases T-264/10 and T-266/10: Judgment of the General Court of 21 June 2012 — Spain v Commission (Cohesion Fund and ERDF operational programme managed by Spain (ESF Combating discrimination 2007-2013 operational programme) — Interim payment application — Decision to suspend the payment deadline because of a significant deficiency in the operation of management and control systems — Actions for annulment — Admissibility — Article 87(2) of Regulation (EC) No 1083/2006)
Date: 2012-06-21
Institutions: General Court
Subjects: Cohesion Fund, European Regional Development Fund, European Social Fund, anti-discriminatory measure, principle of legal certainty, principle of proportionality, regions of Spain








C_2012227EN.01001801.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/18





Judgment of the General Court of 21 June 2012 — Spain v Commission
(Joined Cases T-264/10 and T-266/10) (1)

(Cohesion Fund and ERDF operational programme managed by Spain (ESF Combating discrimination 2007-2013 operational programme) - Interim payment application - Decision to suspend the payment deadline because of a significant deficiency in the operation of management and control systems - Actions for annulment - Admissibility - Article 87(2) of Regulation (EC) No 1083/2006)
2012/C 227/26
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: N. Díaz Abad, agent)

Defendant: European Commission (represented by: C. Urraca Caviedes and B. Conte, agents)

Re:

Actions brought against the Commission decisions of 10 May (T-264/10) and 11 May 2010 (T-266/10) informing the Spanish authorities of the suspension of the deadline for the settlement of certain interim payment applications submitted by the Kingdom of Spain.

Operative part of the judgment

The Court:






1.


joins Cases T-264/10 and T-266/10 for the purposes of the judgment;










2.


annuls the Commission decisions of 10 May and 11 May 2010 informing the Spanish authorities of the suspension of the deadline for the settlement of certain interim payment applications submitted by the Kingdom of Spain;.










3.


rejects the application for acknowledgment that the application for payment of interest for late payment is well founded;










4.


declares that that there is no need to adjudicate on the head of claim that the General Court order a measure of organisation of procedure based on Article 64 of its Rules of Procedure;










5.


orders the Commission to pay the costs.






(1)  OJ C 221, 14.8.2010.