ddrg/super_eurlex huggingface dataset:
1.

Declares that, by failing correctly to apply to Aberthaw Power Station (United Kingdom) Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants, the United Kingdom of Great Britain and Northern Ireland failed to fulfil its obligations under Article 4(3) of that directive, read in conjunction with Part A of Annex VI thereto;
EN Official Journal of the European Union C 419/14

Judgment of the Court (Eighth Chamber) of 22 September 2016 (request for a preliminary ruling from the Gerechtshof Amsterdam — Netherlands) — Kawasaki Motors Europe NV v Inspecteur van de Belastingdienst/Douane

(Case C-91/15) (1)

((Reference for a preliminary ruling - Assessment of validity - Regulation (EC) No 1051/2009 - Common Customs Tariff - Tariff classification - Combined Nomenclature - Heading 8701 - Tractors - Subheadings 8701 90 11 to 8701 90 39 - Agricultural tractors (excluding pedestrian-controlled tractors) and forestry tractors, wheeled, new - Light four-wheeled all terrain vehicles designed to be used as tractors))

(2016/C 419/16)

Language of the case: Dutch

Referring court

Gerechtshof Amsterdam

Parties to the main proceedings

Applicant: Kawasaki Motors Europe NV

Defendant: Inspecteur van de Belastingdienst/Douane

Operative part of the judgment

Paragraph 2 of the annex to Commission Regulation (EC) No 1051/2009 of 3 November 2009 concerning the classification of certain goods in the Combined Nomenclature is invalid in so far as it classifies the vehicle described in that paragraph under subheading 8107 90 90 of that Combined Nomenclature, as amended by Commission Regulation (EC) No 948/2009 of 30 September 2009, and not under one of subheadings 8701 90 11 to 8701 90 39 of that Combined Nomenclature, which correspond to the engine power of that vehicle.

(1) OJ C 146, 4.5.2015.
EN Official Journal of the European Union C 475/7

Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — Evelyn Danqua v Minister for Justice and Equality, Ireland, Attorney General

(Case C-429/15) (1)

((Reference for a preliminary ruling - Directive 2004/83/EC - Minimum standards for granting refugee status or subsidiary protection status - National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum - Procedural autonomy of the Member States - Principle of equivalence - Principle of effectiveness - Proper conduct of the procedure for examining the application for subsidiary protection - Proper conduct of the return procedure - Not compatible))

(2016/C 475/09)

Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings

Appellant: Evelyn Danqua

Respondents: Minister for Justice and Equality, Ireland, Attorney General

Operative part of the judgment

The principle of effectiveness must be interpreted as precluding a national procedural rule, such as that at issue in the main proceedings, which requires an application for subsidiary protection status to be made within a period of 15 working days of notification, by the competent authority, that an applicant whose asylum application has been rejected may make an application for subsidiary protection.

(1) OJ C 320, 28.9.2015.
Judgment of the Court (Third Chamber) of 5 October 2016 (request for a preliminary ruling from the Hessisches Finanzgericht — Germany) — TMD Gesellschaft für transfusionsmedizinische Dienste mbH v Finanzamt Kassel II — Hofgeismar

(Case C-412/15) (1)

((Reference for a preliminary ruling - Taxation - Value added tax - Directive 2006/112/EC - Exemptions for certain activities in the public interest - Article 132(1)(d) - Supplies of human organs, blood and milk - Scope - Plasma of human blood transformed and used for industrial purposes))

(2016/C 441/04)

Language of the case: German

Referring court

Hessisches Finanzgericht

Parties to the main proceedings

Applicant: TMD Gesellschaft für transfusionsmedizinische Dienste mbH

Defendant: Finanzamt Kassel II — Hofgeismar

Operative part of the judgment

Article 132(1)(d) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted to the effect that supplies of human blood which Member States are required to exempt by virtue of that provision do not include supplies of plasma obtained from human blood where that plasma is intended to be used, not for direct therapeutic purposes, but exclusively for the manufacture of medicinal products.

(1) OJ C 398, 30.11.2015.
EN Official Journal of the European Union C 6/19

Judgment of the Court (Second Chamber) of 27 October 2016 (request for a preliminary ruling from the Conseil d’État — Belgium) — Patrice D’Oultremont and Others v Région wallonne

(Case C-290/15) (1)

((Reference for a preliminary ruling - Assessment of the effects of certain plans and programmes on the environment - Directive 2001/42/EC - Articles 2(a) and 3(2)(a) - Definition of ‘plans and programmes’ - Conditions concerning the installation of wind turbines laid down by a regulatory order - Provisions concerning, inter alia, safety, inspection, site restoration and financial collateral and permitted noise levels set having regard to area use))

(2017/C 006/23)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Patrice D'Oultremont, Henri Tumelaire, François Boitte, Éoliennes à tout prix? ASBL

Defendant: Région wallonne

Intervening parties: Fédération de l’Énergie d’origine renouvelable et alternative ASBL (EDORA)

Operative part of the judgment

Articles 2(a) and 3(2)(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment must be interpreted as meaning that a regulatory order, such as that at issue in the main proceedings, containing various provisions on the installation of wind turbines which must be complied with when administrative consent is granted for the installation and operation of such installations comes within the notion of ‘plans and programmes’, within the meaning of that directive.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 30/13

Judgment of the Court (Third Chamber) of 1 December 2016 — Toni Klement v European Union Intellectual Property Office (EUIPO), Bullerjan GmbH

(Case C-642/15 P) (1)

((Appeal - Regulation (EC) No 207/2009 - EU trade mark - Three-dimensional mark representing the form of an oven - Article 51(1)(a) - Application for revocation of an EU trade mark - Point (a) of the second subparagraph of Article 15(1) - Genuine use of the mark - Rejection of the application for a declaration of invalidity))

(2017/C 030/13)

Language of the case: German

Parties

Appellant: Toni Klement (represented by: J. Weiser, Rechtsanwalt)

Other parties to the proceedings: European Union Intellectual Property Office (represented by: A. Schifko, acting as Agent), Bullerjan GmbH

Operative part of the judgment

The Court:

1. Sets aside the judgment of the General Court of the European Union of 24 September 2015, Klement v OHIM — Bullerjan (Form of an oven) (T-211/14, not published, EU:T:2015:688);

2. Refers the case back to the General Court of the European Union;

3. Reserves the costs.

(1) OJ C 68, 22.2.2016.
EN Official Journal of the European Union C 14/8

Judgment of the Court (Grand Chamber) of 15 November 2016 (request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco — Spain) — Gorka Salaberria Sorondo v Academia Vasca de Policía y Emergencias

(Case C-258/15) (1)

((Reference for a preliminary ruling - Equal treatment in employment and occupation - Directive 2000/78/EC - Article 2(2) and Article 4(1) - Discrimination on grounds of age - Recruitment of police officers of the Autonomous Community of the Basque Country restricted to candidates under 35 years of age - Concept of ‘genuine and determining occupational requirement’ - Objective pursued - Proportionality))

(2017/C 014/10)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco

Parties to the main proceedings

Applicant: Gorka Salaberria Sorondo

Defendant: Academia Vasca de Policía y Emergencias

Operative part of the judgment

Article 2(2) of Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation, read together with Article 4(1) of that directive, must be interpreted as not precluding legislation, such as that at issue in the main proceedings, which provides that candidates for posts as police officers who are to perform all the operational duties incumbent on police officers must be under 35 years of age.

(1) OJ C 270, 17.8.2015.
EN Official Journal of the European Union C 46/8

Judgment of the Court (Sixth Chamber) of 15 December 2016 (request for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — Loterie Nationale — Nationale Loterij NV van publiek recht v Paul Adriaensen, Werner De Kesel, The Right Frequency VZW

(Case C-667/15) (1)

((Reference for a preliminary ruling - Directive 2005/29/EC - Unfair business-to-consumer commercial practices - Misleading commercial practice - Pyramid promotional scheme - Contributions paid by new members and compensation received by existing members - Indirect financial link))

(2017/C 046/11)

Language of the case: Dutch

Referring court

Hof van beroep te Antwerpen

Parties to the main proceedings

Applicant: Loterie Nationale — Nationale Loterij NV van publiek recht

Defendants: Paul Adriaensen, Werner De Kesel, The Right Frequency VZW

Operative part of the judgment

Point 14 of Annex I to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as allowing a commercial practice to be classified as a ‘pyramid promotional scheme’ even if there is only an indirect link between the contributions paid by new members of the scheme and the compensation paid to existing members.

(1) OJ C 106, 21.3.2016.
EN Official Journal of the European Union C 38/6

Judgment of the Court (Sixth Chamber) of 7 December 2016 (request for a preliminary ruling from the Općinski sud u Velikoj Gorici — Croatia) — Vodoopskrba i odvodnja d.o.o. v Željka Klafurić

(Case C-686/15) (1)

((Reference for a preliminary ruling - Environment - Directive 2000/60/EC - Framework for an EU water policy - Recovery of the costs of services connected with water use - Calculation of the amount due from the consumer - Variable component related to actual consumption and fixed component independent of that consumption))

(2017/C 038/08)

Language of the case: Croatian

Referring court

Općinski sud u Velikoj Gorici

Parties to the main proceedings

Applicant: Vodoopskrba i odvodnja d.o.o.

Defendant: Željka Klafurić

Operative part of the judgment

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 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which provides that the price of water services invoiced to the consumer includes not only a variable component calculated according to the volume of water actually consumed by the person concerned, but also a fixed component which is not connected with that volume.

(1) OJ C 111, 29.3.2016.
EN Official Journal of the European Union C 53/12

Judgment of the Court (Fourth Chamber) of 21 December 2016 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — Swiss International Air Lines AG v The Secretary of State for Energy and Climate Change, Environment Agency

(Case C-272/15) (1)

((Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Obligation to surrender emission allowances in respect of flights between EU Member States and most third countries - Decision No 377/2013/EU - Article 1 - Temporary derogation - Exclusion of flights to and from airports situated in Switzerland - Difference of treatment of third countries - General principle of equal treatment - Inapplicable))

(2017/C 053/14)

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Appellant: Swiss International Air Lines AG

Respondents: The Secretary of State for Energy and Climate Change, Environment Agency

Operative part of the judgment

Examination in the light of the principle of equal treatment of Decision No 377/2013/EU of the European Parliament and of the Council of 24 April 2013 derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community has disclosed nothing to affect the validity of that decision in so far as the temporary derogation provided for in Article 1 of that decision from the requirements laid down in Article 12(2a) and Article 16 of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008, with respect to the surrender of greenhouse gas emission allowances in respect of flights operated in 2012 between Member States of the European Union and most third countries, does not apply to, inter alia, flights to and from airports situated in Switzerland.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 53/5

Judgment of the Court (Third Chamber) of 21 December 2016 (request for a preliminary ruling from the Oberlandesgericht Celle — Germany) — Remondis GmbH & Co. KG Region Nord v Region Hannover

(Case C-51/15) (1)

((References for a preliminary ruling - Article 4(2) TEU - Respect for the national identity of Member States inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government - Internal organisation of the Member States - Regional authorities - Legal instrument creating a new public-law entity and organising the transfer of powers and responsibilities for the performance of public tasks - Public procurement - Directive 2004/18/EC - Article 1(2)(a) - Concept of ‘public contract’))

(2017/C 053/06)

Language of the case: German

Referring court

Oberlandesgericht Celle

Parties to the main proceedings

Applicant: Remondis GmbH & Co. KG Region Nord

Defendant: Region Hannover

Intervening parties: Zweckverband Abfallwirtschaft Region Hannover

Operative part of the judgment

Article 1(2)(a) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts must be interpreted as meaning that an agreement concluded by two regional authorities, such as that at issue in the main proceedings, on the basis of which they adopt constituent statutes forming a special-purpose association with legal personality governed by public law and transfer to that new public entity certain competences previously held by those authorities and henceforth belonging to that special-purpose association, does not constitute a ‘public contract’.

However, such a transfer of competences concerning the performance of public tasks exists only if it concerns both the responsibilities associated with the transferred competence and the powers that are the corollary thereof, so that the newly competent public authority has decision-making and financial autonomy, which it is for the referring court to verify.

(1) OJ C 155, 11.5.2015.
1.

Article 202(3), first indent, of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Council Regulation (EC) No 1791/2006 of 20 November 2006, must be interpreted as meaning that a legal person of which an employee, who is not its statuary representative, is responsible for the unlawful introduction of goods in the customs territory of the European Union, may be regarded as the debtor of the customs debt resulting from that introduction, where that employee introduced the goods at issue while carrying out the assignment entrusted to him by his employer and while fulfilling the instructions given, to that end, by another of the employer’s employees, empowered to give such instructions in the performance of his own duties, and who thus acted within the scope of his remit, in the name and on behalf of his employer.
EN Official Journal of the European Union C 70/2

Judgment of the Court (Ninth Chamber) of 18 January 2017 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Istituto di Ricovero e Cura a Carattere Scientifico (IRCCS) — Fondazione Santa Lucia v Cassa conguaglio per il settore elettrico and Others

(Case C-189/15) (1)

((Reference for a preliminary ruling - Directive 2003/96/EC - Taxation of energy products and electricity - Tax reductions - Substantive scope - Incentives in respect of the amounts covering general electricity charges - Article 17 - Energy-intensive businesses - Incentives granted to such businesses in the manufacturing sector alone - Lawfulness))

(2017/C 070/02)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Istituto di Ricovero e Cura a Carattere Scientifico (IRCCS) — Fondazione Santa Lucia

Defendant: Cassa conguaglio per il settore elettrico, Ministero dello Sviluppo economico, Ministero dell’Economia e delle Finanze, Autorità per l’energia elettrica e il gas

Intervening party: 2M SpA

Operative part of the judgment

1. Article 17(1) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity must be interpreted as meaning that the concept of ‘tax reductions’ covers the incentives granted, under national law, to energy-intensive businesses, as defined in that provision, in respect of amounts, such as those at issue in the main proceedings, covering general electricity charges, subject to verification by the referring court of the facts and the rules of national law on which this answer from the Court is based.

2. Article 17(1) of Directive 2003/96 must be interpreted as not precluding national rules which provide for tax reductions on the consumption of electricity in favour of energy-intensive businesses, within the meaning of that provision, in the manufacturing sector alone.

(1) OJ C 228, 13.7.2015.
EN Official Journal of the European Union C 112/8

Judgment of the Court (First Chamber) of 16 February 2017(request for a preliminary ruling from the rechtbank van Koophandel te Gent — Belgium) — Agro Foreign Trade & Agency Ltd v Petersime NV

(Case C-507/15) (1)

((Reference for a preliminary ruling - Self-employed commercial agents - Directive 86/653/EEC - Coordination of the laws of the Member States - Belgian transposition measure - Commercial agency contract - Principal established in Belgium and agent established in Turkey - Choice of Belgian law clause - Applicable law - EEC-Turkey Association Agreement - Compatibility))

(2017/C 112/12)

Language of the case: Dutch

Referring court

Rechtbank van Koophandel te Gent

Parties to the main proceedings

Applicant: Agro Foreign Trade & Agency Ltd

Defendant: Petersime NV

Operative part of the judgment

Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents and the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 must be interpreted as not precluding national legislation transposing that directive into the law of the Member State concerned, which excludes from its scope of application a commercial agency contract in the context of which the commercial agent is established in Turkey, where it carries out activities under that contract, and the principal is established in that Member State, so that, in such circumstances, the commercial agent cannot rely on rights which that directive guarantees to commercial agents after the termination of such a commercial agency contract.

(1) OJ C 414, 14.12.2015.
3.

Article 22(1)(b) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as preventing legislation of the competent State from making entitlement to an allowance such as that at issue in the main proceedings subject to a condition as to residence and presence on the territory of that Member State. Article 22(1)(b) and Article 22(2) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 307/1999, must be interpreted as meaning that a person in a situation such as that at issue in the main proceedings retains the right to receive the benefits referred to in Article 22(1)(b) after transferring his residence to a Member State other than the competent State, provided that he has obtained authorisation for that purpose.