do-me/EUR-LEX huggingface dataset:
Case C-391/11: Judgment of the Court (Sixth Chamber) of 4 October 2012 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2000/53/EC — Article 2(3) — Protection of the environment — End-of-life vehicles — Notion of producer)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: Belgium, national implementing measure, vehicle, waste management








C_2012366EN.01001402.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/14





Judgment of the Court (Sixth Chamber) of 4 October 2012 — European Commission v Kingdom of Belgium
(Case C-391/11) (1)

(Failure of a Member State to fulfil obligations - Directive 2000/53/EC - Article 2(3) - Protection of the environment - End-of-life vehicles - Notion of producer)
2012/C 366/23
Language of the case: French

Parties


Applicant: European Commission (represented by: A. Marghelis and M. Patakia, acting as Agents)

Defendant: Kingdom of Belgium (represented by: C. Pochet and T. Materne, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure by a Member State to failing to adopt the measures necessary to comply with the provisions of Article 2(1) and (3) and Article 5(1), (2) and (4) of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ 2000 L 269, p. 34) — Notion of ‘vehicle’ and ‘producer’ — Free-of-charge delivery of end-of-life vehicles subject to conditions not provided for by the directive

Operative part of the judgment

The Court hereby:






1.


Dismisses the action










2.


Orders the European Commission and the Kingdom of Belgium each to bear their own costs.






(1)  OJ C 305, 15.1.2011.
Case C-502/11: Order of the Court (Seventh Chamber) of 4 October 2012 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Vivaio dei Molini Azienda Agricola Porro Savoldi ss v Autorità per la Vigilanza sui Contratti Pullici di lavori, servizi e forniture (Public works contracts — Directive 93/37/EEC — Article 6 — Principles of equal treatment and openness — Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) — Institutional and statutory objectives — Agricultural undertakings)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: administrative transparency, agricultural holding, equal treatment, interpretation of the law, invitation to tender, works contract








C_2013009EN.01002202.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/22





Order of the Court (Seventh Chamber) of 4 October 2012 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Vivaio dei Molini Azienda Agricola Porro Savoldi ss v Autorità per la Vigilanza sui Contratti Pullici di lavori, servizi e forniture
(Case C-502/11) (1)

(Public works contracts - Directive 93/37/EEC - Article 6 - Principles of equal treatment and openness - Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) - Institutional and statutory objectives - Agricultural undertakings)
2013/C 9/36
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Vivaio dei Molini Azienda Agricola Porro Savoldi ss

Defendant: Autorita per la Vigilanza sui Contratti Pullici di lavori, servizi e forniture

in the presence of: SOA CQOP Costruttori Qualificati Opere Pubbliche SpA, Unione Provinciale Agricoltori di Brescia

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Article 6 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) — Principle of non-discrimination — National legislation reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding agricultural undertakings in the form of civil partnerships (società semplici)

Operative part of the order

European Union law, in particular Article 6 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001, precludes national legislation, such as that at issue in the main proceedings, which prohibits an undertaking such as a civil partnership having the status of ‘contractor’ within the meaning of Directive 93/37 from participating in public procurement procedures solely on the ground of its legal form.


(1)  OJ C 347, 26.11.2011.
Case C-597/11 P: Order of the Court of 4 October 2012 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission (Appeal — Public contract awarded by the Commission — Rejection of a tender — Obligation to state reasons — Regulation (EC, Euratom) No 1605/2002 — Article 89 — Regulation (EC, Euratom) No 2342/2002 — Articles 140 and 141 — Period allowed for the receipt of tenders — Period allowed for the submission of requests for information)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: award of contract, customs, help desk, invitation to tender








C_2013101EN.01000303.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/3





Order of the Court of 4 October 2012 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission
(Case C-597/11 P) (1)

(Appeal - Public contract awarded by the Commission - Rejection of a tender - Obligation to state reasons - Regulation (EC, Euratom) No 1605/2002 - Article 89 - Regulation (EC, Euratom) No 2342/2002 - Articles 140 and 141 - Period allowed for the receipt of tenders - Period allowed for the submission of requests for information)
2013/C 101/06
Language of the case: English

Parties


Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: N. Korogiannakis, Δικηγόρος)

Other party to the proceedings: European Commission (represented by: M. Wilderspin, Agent)

Re:

Appeal against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-232/06 Evropaïki Dynamiki v Commission dismissing an application for annulment of the Commission Decision of 19 June 2006 rejecting the tender submitted by the present appellant in response to call for tenders TAXUD/2005/AO-001 concerning the specification, development, maintenance and support of customs IT systems for DG TAXUD (OJ 2005, S 117-115222), and the decision to award the contract to another tenderer

Operative part of the order







1.


The appeal is dismissed.










2.


Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE shall pay the costs.






(1)  OJ C 25, 28.1.2012.
Case C-403/11: Judgment of the Court (Sixth Chamber) of 4 October 2012 — Commission v Kingdom of Spain (Failure of Member State to fulfil obligations — Directive 2000/60/EC — River basin management plans — Publication and reporting to the Commission — Public information and consultation — Failure to undertake)
Date: 2012-10-04
Institutions: Court of Justice
Subjects: Spain, hydrology, infringement of EU law, public consultation, water management








C_2012366EN.01001502.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/15





Judgment of the Court (Sixth Chamber) of 4 October 2012 — Commission v Kingdom of Spain
(Case C-403/11) (1)

(Failure of Member State to fulfil obligations - Directive 2000/60/EC - River basin management plans - Publication and reporting to the Commission - Public information and consultation - Failure to undertake)
2012/C 366/25
Language of the case: Spanish

Parties


Applicant: European Commission (represented initially by I. Hadjiyannis and G. Valero Jordana, then by B. Simon, acting as Agents)

Defendant: Kingdom of Spain (represented by: A. Rubio González, agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 13(1), (2), (3) and (6), Article (14)(1)(c) and Article 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) — River basin management plans — Public information and consultation — Reporting of those management plans

Operative part of the judgment

The Court:






1.


Declares that the Kingdom of Spain:






—


by failing to adopt, by 22 December 2009, river basin management plans, except in the case of the river basin district of Catalonia, and by failing to send to the European Commission and other Member States concerned, by 22 March 2010, copies of those plans, in accordance with Article 13(1) to (3) and (6) and Article 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, as amended by Directive 2008/32/EC of the European Parliament and of the Council of 11 March 2008, and










—


by not having undertaken, by no later than 22 December 2008, except in as regards the river basin districts of Catalonia, the Balearic Islands, Tenerife, Guadiana, Guadalquivir, Andalusian Mediterranean basin, Tinto-Odiel-Piedras, Guadalete-Barbate, Galician coast, Miño-Sil, Douro, Western Cantabria and Eastern Cantabria, the process of public information and consultation concerning the proposed river basin management plans, in accordance with Article 14(1)(c) of that directive,




has failed to fulfil its obligations under those provisions.










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 290, 1.10.2011.