ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 315/15

Judgment of the Court (First Chamber) of 10 July 2014 — Kalliopi Nikolaou v Court of Auditors of the European Union

(Case C-220/13 P) (1)

((Appeal - Non-contractual liability - Omissions on the part of the Court of Auditors - Claim for compensation for harm caused - Principle of the presumption of innocence - Principle of sincere cooperation - Powers - Conduct of preliminary investigations))

2014/C 315/21

Language of the case: Greek

Parties

Appellant: Kalliopi Nikolaou (represented by: V. Christianos and S. Paliou, dikigoroi)

Other party to the proceedings: Court of Auditors of the European Union (represented by: T. Kennedy and I. Ní Riagáin Düro, Agents, and P. Tridimas, Barrister)

Operative part of the judgment

The Court:

1) Dismisses the appeal;

2) Orders Ms Kalliopi Nikolaou to pay the costs.

(1) OJ C 189, 29.6.2013.
1.

Article 16(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as meaning that a third-country national who, during a continuous period of five years before the transposition date for that directive, has resided in a Member State as the spouse of a Union citizen working in that Member State, must be regarded as having acquired a right of permanent residence under that provision, even though, during that period, the spouses decided to separate and commenced residing with other partners, and the home occupied by that national was no longer provided or made available by his spouse with Union citizenship;
2)

It is for the referring court to assess whether the conditions for the Member State to be deemed liable are met. Similarly, as regards whether the national legislation at issue in the main proceedings constitutes a ‘sufficiently serious’ infringement of EU law, that court will have to take into consideration, inter alia, the fact that the Court has not yet ruled on the legality of taking into account a factor based on average life expectancy according to sex in the determination of a benefit paid under a statutory social security system and falling within the scope of Directive 79/7. The national court will also have to take into account the right granted to the Member States by the EU legislature, set out in Article 5(2) of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, and Article 9(1)(h) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. In addition, that court should bear in mind that the Court has held, on 1 March 2011 (C-236/09, EU:C:2011:100), that the first of those provisions is invalid, since it infringes the principle of equal treatment between men and women.
EN Official Journal of the European Union C 315/21

Judgment of the Court (Seventh Chamber) of 17 July 2014 (request for a preliminary ruling from the Curtea de Apel Bucureşti (Romania)) — SC BCR Leasing IFN SA v Agenţia Naţională de Administrare Fiscală — Direcţia generală de administrare a marilor contribuabili, Agenţia Naţională de Administrare Fiscală — Direcţia generală de soluţionare a contestaţiilor

(Case C-438/13) (1)

((VAT - Directive 2006/112/EC - Articles 16 and 18 - Financial leasing - Goods under a financial leasing contract - Non-recovery of those goods by the leasing company after the termination of the contract - Missing goods))

2014/C 315/31

Language of the case: Romanian

Referring court

Curtea de Apel Bucureşti

Parties to the main proceedings

Applicant: SC BCR Leasing IFN SA

Defendants: Agenţia Naţională de Administrare Fiscală — Direcţia generală de administrare a marilor contribuabili, Agenţia Naţională de Administrare Fiscală — Direcţia generală de soluţionare a contestaţiilor

Operative part of the judgment

Articles 16 and 18 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that the impossibility, for a leasing company, of recovering from the lessee the goods let under a financial leasing contract following its termination as a result of the lessee’s breach, despite the steps undertaken by that company to recover those goods and despite the lack of any consideration following such termination, may not be treated as a supply of goods for consideration for the purposes of those articles.

(1) OJ C 325, 9.11.2013.
1.

Declares that, by failing to take the necessary measures for the organisation of a procedure for the selection of suppliers authorised to provide groundhandling services for the categories of ‘baggage handling’, ‘ramp handling’ and ‘freight and mail handling’ at Lisbon, Porto and Faro airports, in accordance with Article 11 of Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports, the Portuguese Republic has failed to fulfil its obligations under that article;
EN Official Journal of the European Union C 409/17

Judgment of the Court (Second Chamber) of 10 September 2014 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Vilniaus energija UAB v Lietuvos metrologijos inspekcijos Vilniaus apskrities skyrius

(Case C-423/13) (1)

((Request for a preliminary ruling - Free movement of goods - Measures having equivalent effect - Directive 2004/22/EC - Metrological verification of measuring systems - Hot-water meter satisfying all the requirements of that directive and connected to a remote (telemetric) data-transmission device - Prohibition of the use of that meter without a prior metrological verification of the system))

2014/C 409/23

Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Applicant: Vilniaus energija UAB

Defendant: Lietuvos metrologijos inspekcijos Vilniaus apskrities skyrius

Operative part of the judgment

Article 34 TFEU and Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments must be interpreted as precluding national legislation and practice according to which a hot-water meter which satisfies all the requirements of that directive and is connected to a remote (telemetric) data-transmission device is to be regarded as a measuring system and, as a result, cannot be used for its intended purpose so long as it has not been subject, together with that device, to a metrological verification as a measuring system.

(1) OJ C 304, 19.10.2013.
EN Official Journal of the European Union C 421/8

Judgment of the Court (Second Chamber) of 2 October 2014 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Martin Grund v Landesamt für Landwirtschaft, Umwelt und ländliche Räume des Landes Schleswig-Holstein

(Case C-47/13) (1)

((Reference for a preliminary ruling - Common agricultural policy - Common rules for direct support schemes - Single payment scheme - Definition of ‘permanent pasture’ - Land used to grow grass and other herbaceous forage not part of the system of crop rotation of the holding for a minimum of five years - Land ploughed up and sown with a type of herbaceous forage other than that previously grown on it during that period))

2014/C 421/10

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Martin Grund

Defendant: Landesamt für Landwirtschaft, Umwelt und ländliche Räume des Landes Schleswig-Holstein

Operative part of the judgment

The definition of ‘permanent pasture’ set out in Article 2(2)(c) of Commission Regulation (EC) No 1120/2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers must be interpreted as covering agricultural land which is currently, and has been for five years or more, used to grow grass and other herbaceous forage, even though that land has been ploughed up and seeded with another variety of herbaceous forage other than that which was previously grown on it during that period.

(1) OJ C 108, 13.4.2013.
EN Official Journal of the European Union C 421/12

Judgment of the Court (Seventh Chamber) of 2 October 2014 (request for a preliminary ruling from the Hof van beroep te Brussel — Belgium) — Orgacom BVBA v Vlaamse Landmaatschappij

(Case C-254/13) (1)

((Reference for a preliminary ruling - Charges having equivalent effect to customs duties - Internal taxes - Import levy on manure imported into the Flanders Region - Articles 30 TFEU and 110 TFEU - Levy payable by the importer - Different levies on imported manure and manure produced within the Flanders Region))

2014/C 421/15

Language of the case: Dutch

Referring court

Hof van beroep te Brussel

Parties to the main proceedings

Appellant: Orgacom BVBA

Respondent: Vlaamse Landmaatschappij

Operative part of the judgment

Article 30 TFEU precludes a levy, such as that provided for under Article 21(5) of the Decree of the Flanders Region of 23 January 1991 on protection of the environment against fertiliser pollution, as amended by the Decree of 28 March 2003, which is applicable only to imports into the Flanders Region of surplus livestock manure and other fertilisers, which is levied on the importer whereas the tax on the surplus manure produced within the territory of the Flanders Region is levied on the producer and is calculated differently from the tax on imports. In that regard, it is immaterial that the Member State from which the surplus manure is imported into the Flanders Region provides for a tax reduction in the case of export of that surplus to other Member States.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 439/6

Judgment of the Court (Fifth Chamber) of 9 October 2014 (request for a preliminary ruling from the Grondwettelijk Hof — Belgium) — Isabelle Gielen v Ministerraad

(Case C-299/13) (1)

((Taxation - Directive 2008/7/EC - Articles 5(2) and 6 - Indirect taxes on the raising of capital - Tax on the conversion of bearer securities into registered securities or dematerialised securities))

(2014/C 439/08)

Language of the case: Dutch

Referring court

Grondwettelijk Hof

Parties to the main proceedings

Applicant: Isabelle Gielen

Defendant: Ministerraad

Operative part of the judgment

Article 5(2) of Council Directive 2008/7/EC of 12 February 2008 concerning indirect taxes on the raising of capital must be interpreted as precluding the taxation of the conversion of bearer securities into registered securities or dematerialised securities such as that at issue in the main proceedings. Such a tax cannot be justified under Article 6 of that directive.

(1) OJ C 226, 3.8.2013.
EN Official Journal of the European Union C 439/5

Judgment of the Court (Sixth Chamber) of 22 October 2014 — European Commission v Kingdom of the Netherlands

(Case C-252/13) (1)

((Failure of a Member State to fulfil obligations - Directives 2002/73/EC and 2006/54/EC - Equal treatment for men and women - Employment and occupation - Access to employment - Return from maternity leave - Formal requirements for the application initiating proceedings - Coherent summary of the pleas - Unambiguous wording of the form of order sought))

(2014/C 439/06)

Language of the case: Dutch

Parties

Applicant: European Commission (represented by: D. Martin and M. van Beek, acting as Agents)

Defendant: Kingdom of the Netherlands (represented by: M. Bulterman and J. Langer, acting as Agents)

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders the European Commission to pay the costs.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 7/9

Judgment of the Court (Sixth Chamber) of 6 November 2014 — Italian Republic v European Commission

(Case C-385/13 P) (1)

((Appeal - European Regional Development Fund (ERDF) - Campania Regional Operational Programme (ROP) 2000‐2006 - Regulation (EC) No 1260/1999 - Article 32(3)(f) - Infringement procedure in respect of the Italian Republic concerning waste management in the Campania region - Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal))

(2015/C 007/11)

Language of the case: Italian

Parties

Appellant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato)

Other party to the proceedings: European Commission (represented by: D. Recchia and A. Steiblytė, acting as Agents)

Operative part of the judgment

The Court:

1) Dismisses the appeal.

2) Orders the Italian Republic to pay the costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 462/6

Judgment of the Court (Third Chamber) of 15 October 2014 (request for a preliminary ruling from the Tribunale ordinario di Trento — Italy) — Teresa Mascellani v Ministero della Giustizia

(Case C-221/13) (1)

((Reference for a preliminary ruling - Social policy - Directive 97/81/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Conversion of part-time employment relationship to full-time employment relationship without the worker’s consent))

(2014/C 462/09)

Language of the case: Italian

Referring court

Tribunale ordinario di Trento

Parties to the main proceedings

Applicant: Teresa Mascellani

Defendant: Ministero della Giustizia

Operative part of the judgment

The Framework Agreement on part-time work concluded on 6 June 1997 which is annexed to Council Directive 1997/81/EC of 15 December 1997, concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, in particular Clause 5.2 thereof, must be interpreted as meaning that, in circumstances such as those in the main proceedings, it does not preclude national legislation pursuant to which the employer may order the conversion of a part-time employment relationship into a full-time employment relationship without the consent of the worker concerned.

(1) OJ C 207, 20.7.2013.
1.

Declares that, in having inadequately defined the waters which are vulnerable to pollution by nitrates from agricultural sources, in having inadequately classified vulnerable zones and in having adopted action programmes, as provided for under Article 5 of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, which include measures which are incompatible with the directive, the Republic of Poland has failed to fulfil its obligations under Article 3 of Directive 91/676, read in conjunction with Annex I thereto, and under Article 5 of that directive, read in conjunction with Annexes II A(2) and III(1)(1) thereto.
Judgment of the Court (First Chamber) of 5 November 2014 (request for a preliminary ruling from the Anotato Dikastirio Kiprou — Cyprus) — Cypra Ltd v Kypriaki Dimokratia

(Case C-402/13) (1)

(Reference for a preliminary ruling - Agriculture - Animal health - Regulation (EC) No 854/2004 - Products of animal origin intended for human consumption - Official controls - Appointment of an official veterinarian - Slaughter of animals)

(2015/C 016/06)

Language of the case: Greek

Referring court

Anotato Dikastirio Kiprou

Parties to the main proceedings

Applicant: Cypra Ltd

Defendant: Kypriaki Dimokratia

Operative part of the judgment

The provisions of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, as amended by Council Regulation (EC) No 1791/2006 of 20 November 2006, must be interpreted, in principle, as not precluding the competent authority determining the time at which the slaughter of animals takes place, with a view to the appointment of an official veterinarian for the purposes of supervising the slaughter, and refusing to provide such a veterinarian on the day and at the time determined by the slaughterer, unless it is objectively necessary for the slaughter to take place on a specific day, which it is for the referring court to ascertain.

(1) OJ C 274, 21.9.2013.
EN Official Journal of the European Union C 65/6

Judgment of the Court (Fifth Chamber) of 18 December 2014 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Brussel — Belgium) — LVP NV v Belgische Staat

(Case C-306/13) (1)

((Reference for a preliminary ruling - Common organisation of the markets - Bananas - System of importation - Applicable tariff rates))

(2015/C 065/08)

Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Brussel

Parties to the main proceedings

Applicant: LVP NV

Defendant: Belgische Staat

Operative part of the judgment

The provisions of the General Agreement on Tariffs and Trade of 1994, as set out in Annex 1 A of the Agreement establishing the World Trade Organisation (WTO), signed in Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994), are not such as to create rights which individuals might rely on directly before a national court in order to oppose the application of the customs tariff rate of EUR 176 per tonne, laid down in Article 1(1) of Council Regulation (EC) No 1964/2005 of 29 November 2005 on the tariff rates for bananas.

(1) OJ C 252, 31.8.2013.
2)

European Union public procurement law, in particular the third subparagraph of Article 1(1) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007, must be interpreted as meaning that the review referred to in that provision constitutes a review of the lawfulness of decisions adopted by contracting authorities, the purpose of which is to ensure that the relevant rules of EU law or national provisions transposing those rules are complied with. It is not possible for such review to be confined to a simple examination of whether the decisions adopted by contracting authorities are arbitrary. On the other hand, that does not mean that it is not open to the national legislature to grant the competent national courts and tribunals the power to review whether a measure was expedient.
Judgment of the Court (Second Chamber) of 14 January 2015 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — The Queen, on the application of Eventech Ltd v The Parking Adjudicator

(Case C-518/13) (1)

(Reference for a preliminary ruling - Competition - State aid - Article 107(1) TFEU - Practice of permitting London taxis to use bus lanes while prohibiting private hire vehicles from doing so - Concept of State aid - State resources - Economic advantage - Selective advantage - Effect on trade between Member States)

(2015/C 073/06)

Language of the case: English

Referring court

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

Parties to the main proceedings

Applicant: The Queen, on the application of Eventech Ltd

Defendant: The Parking Adjudicator

Intervening parties: London Borough of Camden, Transport for London

Operative part of the judgment

1. The practice of permitting, in order to establish a safe and efficient transport system, Black Cabs to use bus lanes on public roads during the hours when the traffic restrictions relating to those lanes are operational, while prohibiting minicabs from using those lanes, except in order to pick up and set down passengers who have pre-booked such vehicles, does not appear, though it is for the referring court to determine, to be such as to involve a commitment of State resources or to confer on Black Cabs a selective economic advantage for the purpose of Article 107(1) TFEU.

2. It is conceivable that the practice of permitting Black Cabs to use bus lanes on public roads during the hours when the traffic restrictions relating to those lanes are operational, while prohibiting minicabs from using those lanes, except in order to pick up or set down passengers who have pre-booked such vehicles, may be such as to affect trade between Member States within the meaning of Article 107(1) TFEU, which it is for the referring court to determine.

(1) OJ C 367, 14.12.2013.
EN Official Journal of the European Union C 65/3

Judgment of the Court (Second Chamber) of 18 December 2014 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v X

(Case C-87/13) (1)

((Reference for a preliminary ruling - Freedom of establishment - Tax legislation - Income tax - Non-resident taxpayer - Deductibility of costs relating to a historic building occupied by its owner - Costs not deductible in respect of a historic building solely on the ground that it is not listed in the State of taxation, whereas it is listed in the State of residence))

(2015/C 065/04)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: Staatssecretaris van Financiën

Respondent: X

Operative part of the judgment

Article 49 TFEU must be interpreted as not precluding legislation of a Member State under which, on the ground of protection of the national cultural and historical heritage, costs relating to listed historic buildings may be deducted solely by owners of historic buildings situated in its territory, provided that that possibility is available to owners of historic buildings which may form part of the cultural and historical heritage of that Member State despite being located in the territory of another Member State.

(1) OJ C 141, 18.5.2013.
2)

Article 4(2) of Directive 85/337, as amended by Directive 2009/31, read in conjunction with point 2(d) of Annex II to that directive, must be interpreted as meaning that the obligation to carry out an environmental impact assessment in respect of deep drilling, such as the exploratory drilling operation at issue in the main proceedings, may follow from that provision. The competent qnational authorities must therefore examine in particular whether, having regard to the criteria set out in Annex III to Directive 85/337, as amended by Directive 2009/31, an environmental impact assessment must be carried out. In that context, it is appropriate in particular to examine whether the effects on the environment of exploratory drilling operations could, because of the effects of other projects, be greater than where there were no other such projects. That assessment cannot be limited by municipal boundaries.