ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the Court (Ninth Chamber) of 16 September 2020 — Edison SpA v European Union Intellectual Property Office (EUIPO)

(Case C-121/19 P) (1)

(Appeal - EU trade mark - Application for registration of a figurative mark including the word element EDISON - Interpretation of the terms in the heading of a class of the Nice Classification and in the accompanying alphabetical list)

(2020/C 390/09)

Language of the case: Italian

Parties

Appellant: Edison SpA (represented by: F. Boscariol de Roberto and D. Martucci, avvocati)

Other party to the proceedings: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Edison SpA to pay, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 288, 26.8.2019.
Judgment of the Court (Eighth Chamber) of 16 September 2020 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — ‘Skonis ir kvapas’ UAB v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos

(Case C-674/19) (1)

(Reference for a preliminary ruling - Structure and rates of excise duty applied to manufactured tobacco - Directive 2011/64/EU - Article 2(2) - Article 5(1) - Concept of ‘Products consisting in whole or in part of substances other than tobacco’ - Concept of ‘Smoking tobacco’ - Water-pipe tobacco)

(2020/C 390/21)

Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Applicant:‘Skonis ir kvapas’ UAB

Defendant: Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos

Interested party: Vilniaus teritorinė muitinė

Operative part of the judgment

Articles 2 and 5 of Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco must be construed as meaning that water-pipe tobacco, consisting of tobacco, which makes up 24 % thereof, and other substances such as sugar syrup, glycerine, flavourings and preservative, must be regarded as a product ‘consisting … in part of substances other than tobacco’ and as ‘smoking tobacco’ within the meaning of those provisions and must therefore be regarded, in its entirety and irrespective of the substances other than tobacco contained therein, as smoking tobacco subject to the excise duty on tobacco.

(1) OJ C 413, 9.12.2019.
Judgment of the Court (Ninth Chamber) of 8 October 2020 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Admiral Sportwetten GmbH, Novomatic AG, AKO Gastronomiebetriebs GmbH v Magistrat der Stadt Wien

(Case C-711/19) (1)

(Reference for a preliminary ruling - Directive (EU) 2015/1535 - Article 1 - Procedure for the provision of information in the field of technical regulations and of rules on Information Society services - Definition of ‘technical regulation’ - Games of chance - Local duty on the operation of betting terminals - Tax rule - European Commission not notified - Enforceability against the taxpayer)

(2020/C 414/19)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicants: Admiral Sportwetten GmbH, Novomatic AG, AKO Gastronomiebetriebs GmbH

Defendant: Magistrat der Stadt Wien

Operative part of the judgment

Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services must be interpreted as meaning that a national tax rule that provides for taxation of the operation of betting terminals does not constitute a ‘technical regulation’ within the meaning of that article.

(1) OJ C 406, 2.12.2019.
Official Journal of the European Union

Judgment of the Court (Sixth Chamber) of 1 October 2020 — CC v European Parliament

(Case C-612/19 P) (1)

(Appeal - Civil service - Judgment of the General Court ruling on remittal from the General Court after the partial annulment of the judgment of the Civil Service Tribunal of 21 July 2016, CC v Parliament (F-9/12 RENV, EU:F:2016:165) - Recruitment - Open competition EUR/A/151/98 - Errors made by the European Parliament in the management of the list of approved candidates - Material damage - Action to establish non-contractual liability)

(2020/C 399/29)

Language of the case: French

Parties

Appellant: CC (represented by: G. Maximini, Rechtsanwalt)

Other party to the proceedings: European Parliament (represented by: T. Lazian, M. Ecker and E. Despotopoulou, acting as Agents)

Operative part of the judgment

The Court hereby:

1. Dismisses the appeal;

2. Orders CC to pay the costs.

(1) OJ C 19, 20.1.2020.
Judgment of the Court (Sixth Chamber) of 21 October 2020 (request for a preliminary ruling from the Verwaltungsgericht Düsseldorf — Germany) — GR v Stadt Duisburg

(Case C-720/19) (1)

(Reference for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Article 7, first paragraph - Right of residence of family members of a Turkish worker legally employed in a Member State - Naturalisation of the family member concerned in the host Member State - Maintenance of the right of residence - Acquired rights)

(2020/C 423/20)

Language of the case: German

Referring court

Verwaltungsgericht Düsseldorf

Parties to the main proceedings

Applicant: GR

Defendant: Stadt Duisburg

Operative part of the judgment

The first paragraph of Article 7 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Economic Community and Turkey must be interpreted as meaning that a member of the family of a Turkish worker who has acquired the rights laid down under that provision shall not lose the benefit of those rights when he or she acquires the nationality of the host Member State while losing his or her previous nationality.

(1) OJ C 19, 20.1.2020.
Judgment of the Court (Grand Chamber) of 6 October 2020 — Bank Refah Kargaran v Council of the European Union, European Commission

(Case C-134/19 P) (1)

(Appeal - Common foreign and security policy (CFSP) - Article 29 TEU - Article 215 TFEU - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources - Action for damages - Jurisdiction of the Court to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Inadequate statement of reasons for legal acts imposing restrictive measures)

(2020/C 414/03)

Language of the case: French

Parties

Appellant: Bank Refah Kargaran (represented by: J.-M. Thouvenin and I. Boubaker, lawyers)

Other parties to the proceedings: Council of the European Union (represented by: M. Bishop and V. Piessevaux, acting as Agents), European Commission (represented initially by: R. Tricot, C. Zadra and A. Tizzano, and subsequently by L. Gussetti, A. Bouquet, R. Tricot and J. Roberti di Sarsina, acting as Agents)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Bank Refah Kargaran to pay, in addition to its own costs, the costs incurred by the Council of the European Union;

3. Orders the European Commission to bear its own costs.

(1) OJ C 172, 20.5.2019.
Judgment of the Court (Ninth Chamber) of 29 October 2020 — Intercept Pharma Ltd, Intercept Pharmaceuticals Inc. v European Medicines Agency

(Case C-576/19 P) (1)

(Appeal - Access to documents of the institutions, bodies, offices or agencies of the European Union - Regulation (EC) No 1049/2001 - Second indent of Article 4(2) - Exception relating to the protection of court proceedings - First indent of Article 4(2) - Exception relating to the protection of commercial interests - Documents submitted in the context of a marketing authorisation application for a medicinal product for human use - Decision to grant a third party access to the documents)

(2020/C 433/14)

Language of the case: English

Parties

Appellants: Intercept Pharma Ltd, Intercept Pharmaceuticals Inc. (represented by: L. Tsang, Solicitor and F. Campbell, Barrister and by J. Mulryne and E. Amos, Solicitors)

Other party to the proceedings: European Medicines Agency (represented by: T. Jabłoński, S. Drosos, R. Pita, S. Marino and H. Kerr, acting as Agents)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Intercept Pharma Ltd and Intercept Pharmaceuticals Inc. to bear their own costs and to pay those incurred by the European Medicines Agency (EMA).

(1) OJ C 432, 23.12.2019.
Official Journal of the European Union

Judgment of the Court (Tenth Chamber) of 22 October 2020 — Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) v European Commission

(Case C-273/19 P) (1)

(Appeal - Arbitration clause - Regulation (EC, Euratom) No 1605/2002 - Article 52 - Regulation (EC) No 2321/2002 - Decision No 1513/2002/EC - Grant agreement - Sensation project - Sixth framework programme - Eligible costs - Conflict of interests - Burden of proof - Time sheets - Audit report - Probative value - Principle of good financial management - Principle of proportionality)

(2020/C 433/09)

Language of the case: Greek

Parties

Applicant: Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) (represented by: V. Christianos and D. Karagkounis, dikigoroi)

Other party to the proceedings: European Commission (represented by: O. Verheecke and A. Katsimerou, acting as Agents)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) to pay the costs.

(1) OJ C 182, 27.5.2019.
Judgment of the Court (Fourth Chamber) of 19 November 2020 (request for a preliminary ruling from the Amtsgericht Heilbronn — Germany) — Criminal proceedings against ZW

(Case C-454/19) (1)

(Reference for a preliminary ruling - Citizenship of the Union - Article 21 TFEU - Right to move and reside freely in the territory of the Member States - Criminal offence specifically concerning international child abduction - Restriction - Justification - Child protection - Proportionality)

(2021/C 28/09)

Language of the case: German

Referring court

Amtsgericht Heilbronn

Party in the main proceedings

ZW

Intervener: Staatsanwaltschaft Heilbronn

Operative part of the judgment

Article 21 TFEU must be interpreted as precluding the application of a Member State’s legislation under which the retention by a parent of a child from his appointed carer in another Member State attracts criminal penalties even in the absence of force, threat of serious harm or deception, whereas where such retention takes place in the territory of the first Member State, the same act is punishable only if recourse is had to force, threat of serious harm or deception.

(1) OJ C 280, 19.8.2019.
Official Journal of the European Union

Judgment of the Court (Eighth Chamber) of 12 November 2020 –Ralph Pethke v European Union Intellectual Property Office (EUIPO)

(Case C-382/19 P) (1)

(Appeal - Civil Service - Official - Internal reorganisation of the services of the European Union Intellectual Property Office (EUIPO) - Redeployment - Article 7 of the Staff Regulations of Officials of the European Union - Covert penalty - Interests of the service - Equivalence of posts - Obligation to state reasons - Distortion of the facts - Psychological harassment - Article 12a of the Staff Regulations of Officials of the European Union)

(2021/C 19/07)

Language of the case: German

Parties

Appellant: Ralph Pethke (represented by: H. Tettenborn, Rechtsanwalt)

Other party to the proceedings: European Union Intellectual Property Office (represented by: A. Lukošiūtė and B. Wägenbaur, Rechtsanwälte)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Ralph Pethke to bear his own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 337, 7.10.2019.
Judgment of the Court (Fifth Chamber) of 3 December 2020 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Repsol Petróleo SA v Administracíon General del Estado

(Case C-44/19) (1)

(Reference for a preliminary ruling - Directive 2003/96/EC - Taxation of energy products and electricity - Article 21(3) - Absence of chargeable event giving rise to taxation - Consumption of energy products within the curtilage of an establishment in which they were produced for the production of final energy products from which non-energy products are also inevitably produced)

(2021/C 35/06)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Repsol Petróleo SA

Defendant: Administracíon General del Estado

Operative part of the judgment

The first sentence of Article 21(3) of Council Directive 2003/93/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity must be interpreted as meaning that, where an establishment producing energy products intended for use as motor fuel or as heating fuel consumes energy products which it has itself produced and that, by that process, also inevitably obtains non-energy products from which economic value is derived, the portion of the consumption leading to the production of such non-energy products does not fall within the exemption concerning the chargeable event giving rise to the taxation of energy products provided for in that provision.

(1) OJ C 155, 6.5.2019.
3.

Article 146(1)(b) and Article 147 of Directive 2006/112, and the principles of fiscal neutrality and proportionality, must be interpreted as precluding a national practice under which the tax authority automatically denies a taxable person the benefit of the value added tax (VAT) exemption provided for by each of those provisions where it finds that that taxable person has, in bad faith, issued the form on the basis of which the purchaser has made use of the exemption provided for in Article 147, where it is established that the goods concerned have left the territory of the European Union. In such circumstances, the VAT exemption provided for in Article 146(1)(b) must be refused if infringement of a formal requirement has the effect of preventing the production of conclusive evidence that the substantive requirements governing the application of that exemption have been satisfied or if it is established that that taxable person knew or should have known that the transaction in question was involved in fraud jeopardising the functioning of the common system of VAT.
Official Journal of the European Union

Judgment of the Court (First Chamber) of 17 December 2020 — Fabio De Masi, Yanis Varoufakis v European Central Bank

(Case C-342/19 P) (1)

(Appeal - Access to European Central Bank (ECB) documents - Decision 2004/258/EC - Article 4(3) - Exceptions - Document received by the ECB - Opinion from an external service provider - Internal use as part of deliberations and preliminary consultations - Refusal to grant access)

(2021/C 53/08)

Language of the case: German

Parties

Appellants: Fabio De Masi, Yanis Varoufakis (represented by: A. Fischer-Lescano, Universitätsprofessor)

Other party to the proceedings: European Central Bank (represented by: F. von Lindeiner and A. Korb, acting as Agents, and by H.-G. Kamann, Rechtsanwalt)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Fabio de Masi and Yanis Varoufakis to pay the costs.

(1) OJ C 280, 19.8.2019.
1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, and by failing to communicate to the European Commission the text of the provisions of national law adopted, where necessary, in the field governed by Council Directive 2013/59/Euratom, the Italian Republic has failed to fulfil its obligations under Article 106(1) and (3) of that directive;
2.

The second sentence of Article 12(1)(a) of Directive 2011/95 must be interpreted as meaning that UNRWA’s protection or assistance cannot be regarded as having ceased where a stateless person of Palestinian origin left the UNRWA area of operations from a field in that area in which his or her personal safety was at serious risk and in which UNRWA was not in a position to provide that individual with protection or assistance, first, if that individual voluntarily travelled to that field from another field in that area in which his or her personal safety was not at serious risk and in which he or she could receive protection or assistance from UNRWA and, secondly, if he or she could not reasonably expect, on the basis of the specific information available to him or her, to receive protection or assistance from UNRWA in the field to which he or she travelled or to be able to return at short notice to the field from which he or she came, which is for the national court to verify.
Official Journal of the European Union

Judgment of the Court (Ninth Chamber) of 4 February 2021 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — JCM Europe (UK) Ltd v Commissioners for Her Majesty’s Revenue and Customs

(Case C-760/19) (1)

(Reference for a preliminary ruling - Customs union - Common Customs Tariff - Combined Nomenclature - Tariff classification - Headings 8472 and 9031 - Bank note validator and cash boxes - Device intended to be integrated in a host device and connected to an external control centre - Implementing Regulation (EU) 2016/1760 - Validity)

(2021/C 110/09)

Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings

Applicant: JCM Europe (UK) Ltd

Defendant: Commissioners for Her Majesty’s Revenue and Customs

Operative part of the judgment

The examination of the questions referred has disclosed no factor capable of affecting the validity of Commission Implementing Regulation (EU) 2016/1760 of 28 September 2016 concerning the classification of certain goods in the Combined Nomenclature.

(1) OJ C 19, 20.1.2020.
1.

Declares that, by excluding from the special value-added-tax (VAT) scheme applicable to travel agents travel services provided to taxable persons who use those services for their business, and by authorising travel agents, in so far as they are subject to that scheme, to determine the taxable amount for VAT on a flat-rate basis for groups of services or for all services provided during a tax year, the Republic of Austria has failed to fulfil its obligations under Article 73 and Articles 306 to 310 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;
Judgment of the Court (Fifth Chamber) of 3 March 2021 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Poste Italiane SpA (C-434/19), Agenzia delle entrate — Riscossione (C-435/19) v Riscossione Sicilia SpA agente riscossione per la provincia di Palermo e delle altre provincie siciliane (C-434/19), Poste Italiane SpA (C-435/19)

(Joined Cases C-434/19 and C-435/19) (1)

(References for a preliminary ruling - State aid - Competition - Article 107(1) TFEU - Conditions under which applicable - Article 106(2) TFEU - Services of general economic interest - Management of the post-office account used for collection of the municipal real estate tax - Undertakings benefiting from special or exclusive rights granted by the Member States - Fees set unilaterally by the recipient undertaking - Abuse of dominant position - Article 102 TFEU - Inadmissibility)

(2021/C 163/06)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Applicants: Poste Italiane SpA (C-434/19), Agenzia delle entrate — Riscossione (C-435/19)

Defendants: Riscossione Sicilia SpA agente riscossione per la provincia di Palermo e delle altre provincie siciliane (C-434/19), Poste Italiane SpA (C-435/19)

Intervening party: Poste italiane SpA — Bancoposta (C-435/19)

Operative part of the judgment

Article 107 TFEU must be interpreted as meaning that a national measure under which the agents responsible for collecting the imposta comunale sugli immobiliare (municipal real estate tax) are required to hold a current account in their name with Poste Italiane SpA, to enable tax payers to pay that tax, and to pay a fee for the management of that current account, constitutes ‘State aid’ provided that that measure is (i) attributable to the State, (ii) provides a selective advantage to Poste Italiane through State resources and (iii) is liable to distort competition and trade between the Member States, which are matters for the referring court to ascertain.

(1) OJ C 328, 30.9.2019.
Judgment of the Court (Tenth Chamber) of 25 February 2021 — VodafoneZiggo Group BV v European Commission

(Case C-689/19 P) (1)

(Appeal - Electronic communications networks and services - Directive 2002/21/EC, as amended by Directive 2009/140/EC - Consolidating the internal market for electronic communications - Article 7(3) and (7) - Draft measure made accessible by the national regulatory authority - Wholesale fixed access market in the Netherlands - Joint significant market power - Comments of the European Commission communicated to the national regulatory authority - Obligation for the national regulatory authority to take the utmost account of them - Scope - Article 263 TFEU - Action for annulment - Admissibility - Challengeable act - Article 47 of the Charter of Fundamental Rights of the European Union)

(2021/C 138/09)

Language of the case: English

Parties

Appellant: VodafoneZiggo Group BV (represented by: W. Knibbeler, A. Pliego Selie and B.A. Verheijen, advocaten)

Other party to the proceedings: European Commission (represented by: L. Nicolae and G. Braun, acting as Agents)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders VodafoneZiggo Group BV to pay the costs.

(1) OJ C 372, 4.11.2019.
Judgment of the Court (First Chamber) of 18 March 2021 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — MK v Autoridade Tributária e Aduaneira

(Case C-388/19) (1)

(Reference for a preliminary ruling - Direct taxation - Tax on capital gains from immovable property - Free movement of capital - Basis for assessment of tax - Discrimination - Option to be taxed according to the same arrangements as residents - Compliance with EU law)

(2021/C 182/05)

Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings

Applicant: MK

Defendant: Autoridade Tributária e Aduaneira

Operative part of the judgment

Article 63 TFEU, read in conjunction with Article 65 TFEU, must be interpreted as precluding the legislation of a Member State which, in order to permit the capital gains realised from the transfer of immovable property situated in that Member State, by a taxable person resident in another Member State, not to be subject to a tax burden greater than that which would be applied to capital gains realised from the same type of transaction by a person resident in the first Member State, makes the taxation regime applicable dependent upon the choice made by that taxable person.

(1) OJ C 270, 12.8.2019.