do-me/EUR-LEX huggingface dataset:
Case C-577/10: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States — Criminal penalties — Obstacle to freedom to provide services — Objectively justified distinction — Overriding requirements in the public interest — Prevention of fraud — Protection against unfair competition — Protection of self-employed workers — Proportionality)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: Belgium, fraud, freedom to provide services, infringement of EU law, penalty, principle of proportionality, restriction on competition, self-employed person, services of general interest








C_2013046EN.01000202.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/2





Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Kingdom of Belgium
(Case C-577/10) (1)

(Failure of a Member State to fulfil obligations - Article 56 TFEU - Freedom to provide services - National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States - Criminal penalties - Obstacle to freedom to provide services - Objectively justified distinction - Overriding requirements in the public interest - Prevention of fraud - Protection against unfair competition - Protection of self-employed workers - Proportionality)
2013/C 46/03
Language of the case: French

Parties


Applicant: European Commission (represented by: E. Traversa, C. Vrignon and J.-P. Keppenne, acting as Agents)

Defendant: Kingdom of Belgium (represented by: M. Jacobs and C. Pochet, acting as Agents, and by S. Rodrigues, avocat)

Intervener: Kingdom of Denmark (represented by: C. Vang, S. Juul Jørgensen and V. Pasternak Jørgensen, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 56 TFEU — National legislation which imposes a prior notification requirement on independent service providers established in other Member States (the ‘Limosa’ declaration) — Restriction on the freedom to provide services — Discriminatory nature of the restriction — Lack of justification and proportionality

Operative part of the judgment

The Court:






1.


Declares that, by adopting Articles 137(8), 138, third indent, 153 and 157(3) of the Programme Law (I) of 27 December 2006, in the version in force since 1 April 2007, namely by imposing a prior declaration requirement on self-employed service providers established in Member States other than the Kingdom of Belgium in respect of their activity in Belgium, the Kingdom of Belgium has failed to fulfil its obligations under Article 56 TFEU;










2.


Orders the Kingdom of Belgium to pay the costs;










3.


Orders the Kingdom of Denmark to bear its own costs.






(1)  OJ C 72, 5.3.2011.
Notice concerning the provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement
Date: 2012-12-19
Institutions: Council of the European Union
Subjects: Russia, World Trade Organisation, export licence, import (EU), tariff agreement, tariff quota, wood product








L_2012349EN.01000201.xml










19.12.2012   


EN


Official Journal of the European Union


L 349/2







Notice concerning the provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement

The Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement (1), signed in Geneva on 16 December 2011, is provisionally applied as from 22 August 2012, by virtue of the accession of the Russian Federation to the WTO on that date.


(1)  
            OJ L 57, 29.2.2012, p. 3.
Case C-363/11: Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Elegktiko Sinedrio — Greece) — Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou v Ipourgio Politismou kai Tourismou — Ipiresia Dimosionomikou Elenchou (Request for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Proceedings intended to lead to a decision of a judicial nature — National court of auditors ruling on prior authorisation of public expenditure — Inadmissibility)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: Greece, equal treatment, full-time employment, interpretation of the law, public sector, remuneration of work, temporary employment, union representative








C_2013046EN.01000702.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/7





Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Elegktiko Sinedrio — Greece) — Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou v Ipourgio Politismou kai Tourismou — Ipiresia Dimosionomikou Elenchou
(Case C-363/11) (1)

(Request for a preliminary ruling - Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU - Proceedings intended to lead to a decision of a judicial nature - National court of auditors ruling on prior authorisation of public expenditure - Inadmissibility)
2013/C 46/13
Language of the case: Greek

Referring court

Elegktiko Sinedrio

Parties to the main proceedings


Applicant: Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou

Defendant: Ipourgio Politismou kai Tourismou — Ipiresia Dimosionomikou Elenchou

Third party: Konstantinos Antonopoulos

Re:

Request for a preliminary ruling — Elegktiko Synedrio — Interpretation of clause 4(1) of the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) and Article 153 TFEU — Employment condition or working condition — Meaning — Conditions of remuneration for time engaged in trade union activities, as leave for trade union business — Inclusion

Operative part of the judgment

The reference for a preliminary ruling from the Elegktiko Sinedrio (Greece) made by decision of 1 July 2011 is inadmissible.


(1)  OJ C 269, 10.9.2011.
Prior notification of a concentration (Case COMP/M.6731 — Vitronet/Infinity) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-12-19
Institutions: European Commission
Subjects: economic concentration, electricity supply, gas supply, glass fibre, information technology, investment company, merger control, telecommunications industry








C_2012392EN.01001201.xml










19.12.2012   


EN


Official Journal of the European Union


C 392/12





Prior notification of a concentration
(Case COMP/M.6731 — Vitronet/Infinity)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 392/08






1.


On 12 December 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Vitronet Holding GmbH from Germany, jointly controlled by RWE Deutschland AG from Germany and Aesop Sàrl from Luxembourg, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Infinity GmbH from Germany, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Vitronet Holding GmbH: the planning and construction of glass fibre cables and networks and the supply of bitstream products,










—


for RWE Deutschland AG: the generation and distribution of electricity and gas,










—


for Aesop Sàrl: management of investments, with a focus on the telecommunications industry,










—


for Infinity GmbH: IT services and IT software (including data management and data compression) and communication networks.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6731 — Vitronet/Infinity, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Notice concerning the provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials
Date: 2012-12-19
Institutions: Council of the European Union
Subjects: Russia, export tax, raw material, tax exemption








L_2012349EN.01000102.xml










19.12.2012   


EN


Official Journal of the European Union


L 349/1







Notice concerning the provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials

The Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (1), signed in Geneva on 16 December 2011, is provisionally applied as from 22 August 2012, by virtue of the accession of the Russian Federation to the WTO on that date.


(1)  
            OJ L 57, 29.2.2012, p. 53.
Special Report No 16/2012 ‘The effectiveness of the Single Area Payment Scheme as a transitional system for supporting farmers in the new Member States’
Date: 2012-12-19
Institutions: European Court of Auditors
Subjects: accession to the European Union, aid to agriculture, farmer, single payment scheme








C_2012392EN.01001001.xml










19.12.2012   


EN


Official Journal of the European Union


C 392/10





Special Report No 16/2012 ‘The effectiveness of the Single Area Payment Scheme as a transitional system for supporting farmers in the new Member States’
2012/C 392/05
The European Court of Auditors hereby informs you that Special Report No 16/2012 ‘The effectiveness of the Single Area Payment Scheme as a transitional system for supporting farmers in the new Member States’ 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.
2013/32/EU: Decision of the European Central Bank of 19 December 2012 amending Decision ECB/2010/24 on the interim distribution of the income of the European Central Bank on euro banknotes in circulation and arising from securities purchased under the securities markets programme (ECB/2012/33)
Date: 2012-12-19
Institutions: European Central Bank
Subjects: central bank, paper money, revenue, securities




L_2013013EN.01001201.xml










17.1.2013   


EN


Official Journal of the European Union


L 13/12








            DECISION OF THE EUROPEAN CENTRAL BANK
         
of 19 December 2012
         
amending Decision ECB/2010/24 on the interim distribution of the income of the European Central Bank on euro banknotes in circulation and arising from securities purchased under the securities markets programme
(ECB/2012/33)
(2013/32/EU)


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 33 thereof,

Whereas:







(1)


Decision ECB/2010/24 of 25 November 2010 on the interim distribution of the income of the European Central Bank on euro banknotes in circulation and arising from securities purchased under the securities markets programme (1) lays down how the European Central Bank (ECB) distributes to the NCBs: (a) its income on euro banknotes in circulation accrued each financial year; and (b) its income arising from securities purchased under the securities markets programme (SMP) earned in each financial year.












(2)


It is considered necessary to align the dates for the interim distribution of the ECB’s income on euro banknotes in circulation with those for the distribution of the ECB’s income arising from SMP securities. Unless otherwise decided by the Governing Council, the ECB should distribute these two types of income on the last working day in January of the following year. This gives the ECB sufficient time to determine the amount of any income earned from SMP securities.












(3)


Decision ECB/2010/24 needs to be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1

Amendment

Article 2(2) to (4) is replaced by the following:

‘2.   Unless otherwise decided by the Governing Council, the ECB shall distribute to the NCBs its income on euro banknotes in circulation accrued and its income arising from SMP securities earned in each financial year on the last working day in January of the following year.


3.   The amount of the ECB’s income on euro banknotes in circulation may be reduced in accordance with any decision by the Governing Council on the basis of the Statute of the ESCB in respect of expenses incurred by the ECB in connection with the issue and handling of euro banknotes.’.



Article 2

Entry into force

This Decision shall enter into force on 31 December 2012.




Done at Frankfurt am Main, 19 December 2012.


The President of the ECB

Mario DRAGHI
            





(1)  
            OJ L 6, 11.1.2011, p. 35.
Notice concerning the provisional application of the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation
Date: 2012-12-19
Institutions: Council of the European Union
Subjects: Russia, compensatory financing, export (EU), motor car, offshoring, originating product, regulation of investments, spare part, tariff exemption, tariff quota, tariff reduction, vehicle parts








L_2012349EN.01000202.xml










19.12.2012   


EN


Official Journal of the European Union


L 349/2







Notice concerning the provisional application of the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation

The Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (1), signed in Geneva on 16 December 2011, is provisionally applied as from 22 August 2012, by virtue of the accession of the Russian Federation to the WTO on that date.


(1)  
            OJ L 57, 29.2.2012, p. 15.
Case C-534/10 P: Judgment of the Court (First Chamber) of 19 December 2012 — Brookfield New Zealand Ltd, Elaris SNC v Community Plant Variety Office (CPVO), Schniga GmbH (Appeal — Community plant variety rights — Regulation (EC) No 2100/94 — Article 73(2) — Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right — Discretion — Review by the General Court — Article 55(4) read in conjunction with Article 61(1)(b) — Right of the CPVO to make a new request for the submission of plant material)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: intellectual property, pip fruit, plant variety right, protection of plant life








C_2013046EN.01000201.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/2





Judgment of the Court (First Chamber) of 19 December 2012 — Brookfield New Zealand Ltd, Elaris SNC v Community Plant Variety Office (CPVO), Schniga GmbH
(Case C-534/10 P) (1)

(Appeal - Community plant variety rights - Regulation (EC) No 2100/94 - Article 73(2) - Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right - Discretion - Review by the General Court - Article 55(4) read in conjunction with Article 61(1)(b) - Right of the CPVO to make a new request for the submission of plant material)
2013/C 46/02
Language of the case: English

Parties


Appellants: Brookfield New Zealand Ltd, Elaris SNC (represented by: M. Eller, avvocato)

Other parties to the proceedings: Community Plant Variety Office (CPVO) (represented by: M. Ekvad and M. Lightbourne, acting as Agents), Schniga GmbH, (represented by: G. Würtenberger, Rechtsanwalt)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 13 September 2010 in Case T-135/08 Schniga v CPVO — Elaris and Brookfield New Zealand, by which that Court annulled the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 21 November 2007 annulling the decision granting Schniga GmbH a Community plant variety right for the ‘Gala Schnitzer’ apple variety and the decisions dismissing the objections lodged by SNC Elaris and by Brookfield New Zealand

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Brookfield New Zealand Ltd and Elaris SNC to pay the costs.






(1)  OJ C 38, 5.2.2011.
Non-opposition to a notified concentration (Case COMP/M.6771 — Bridgepoint/CPPIB/Dorna)  Text with EEA relevance
Date: 2012-12-19
Institutions: European Commission
Subjects: Canada, economic concentration, financial services, health care, investment company, means of communication, merger control, pension scheme, theory of marketing








C_2012392EN.01000802.xml










19.12.2012   


EN


Official Journal of the European Union


C 392/8





Non-opposition to a notified concentration
(Case COMP/M.6771 — Bridgepoint/CPPIB/Dorna)
(Text with EEA relevance)
2012/C 392/03
On 13 December 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6771. EUR-Lex is the on-line access to the European law.
Case C-314/11 P: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Planet AE (Appeals — Protection of the financial interests of the European Union — Identification of the level of risk associated with an entity — Early warning system — OLAF investigation — Decisions — Requests for activation of W1a and W1b warnings — Reviewable measures — Admissibility)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: European Anti-fraud Office, Syria, award of contract, fraud against the EU, modernisation aid








C_2013046EN.01000602.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/6





Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Planet AE
(Case C-314/11 P) (1)

(Appeals - Protection of the financial interests of the European Union - Identification of the level of risk associated with an entity - Early warning system - OLAF investigation - Decisions - Requests for activation of W1a and W1b warnings - Reviewable measures - Admissibility)
2013/C 46/11
Language of the case: Greek

Parties


Appellant: European Commission (represented by: D. Triantafyllou and F. Dintilhac, acting as Agents)

Other party to the proceedings: Planet AE (represented by: V. Christianos, dikigoros)

Re:

Appeal brought against the order of the General Court (Sixth Chamber) of 13 April 2011 in Case T-320/09 Planet AE v Commission dismissing the plea of inadmissibility raised by the European Commission in an action for the annulment of Commission decisions, taken following investigation by the European Anti-Fraud Office (OLAF), to activate, in the early warning system (EWS), a ‘W1a’ registration and subsequently a ‘W1b’ registration, identifying the level of risk associated with the applicant as a party awarded a public service contract concerning a project for institutional and sectoral modernisation in Syria, funded under the MEDA programme (OJ 2005 S 203-199730).

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the European Commission to pay the costs.






(1)  OJ C 238, 13.8.2011.