ddrg/super_eurlex huggingface dataset:
Order of the President of the Court of 7 May 2020 (requests for a preliminary ruling from the Sąd Apelacyjny w Krakowie — Poland) — D.S. (C-763/19) v S.P. and Others, interested party: Prokurator Regionalny w Krakowie, C. S.A. w P. (C-764/19) v Administrator in the insolvency of I.T. in O. in liquidation, interested party: Prokurator Regionalny w Krakowie, M.Ś. and I.Ś. (C-765/19) v R.B.P. a limited company with its registered office in W, interested party: Prokurator Regionalny w Krakowie, Rzecznik Praw Obywatelskich

(Joined Cases C-763/19 to C-765/19) (1)

(2020/C 320/43)

Language of the case: Polish

The President of the Court has ordered that the cases be removed from the register.

(1) OJ C 54, 17.2.2020.
Order of the Court (Tenth Chamber) of 3 September 2020 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Vikingo Fővállalkozó Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-610/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Value added tax (VAT) - Directive 2006/112/EC - Articles 168, 178, 220 and 226 - Principles of fiscal neutrality, of effectiveness and of proportionality - Right to deduct VAT - Refusal - Conditions for the existence of a supply of goods - Evasion - Proof - Penalty - Article 47 of the Charter of Fundamental Rights of the European Union - Right to an effective judicial remedy)

(2020/C 414/21)

Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: Vikingo Fővállalkozó Kft.

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Operative part of the order

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with the principles of fiscal neutrality, of effectiveness and of proportionality, must be interpreted as precluding a national practice by which the tax authorities refuse a taxable person the right to deduct the value added tax paid on purchases of goods which were supplied to him or her, on the ground that credence cannot be given to the invoices relating to those purchases because, first, the manufacture of those goods and their supply could not, as the necessary material and human resources were lacking, have been effected by the issuer of those invoices and the goods were therefore, in fact, purchased from an unidentified person, secondly, the national accounting rules were not complied with, thirdly, the supply chain which led to those purchases was not economically justified and, fourthly, irregularities vitiated certain earlier transactions forming part of that supply chain. In order to provide a basis for such a refusal, it must be established to the requisite legal standard that the taxable person actively participated in fraud or that that taxable person knew or should have known that those transactions were connected with fraud committed by the issuer of the invoices or any other trader acting upstream in that supply chain, which it is for the referring court to ascertain.

(1) OJ C 95, 23.3.2020.
Official Journal of the European Union

Order of the President of the Court of 29 June 2020 (request for a preliminary ruling from the Fővárosi Törvényszék (formerly Fővárosi Közigazgatási és Munkaügyi Bíróság) — Hungary) — KD v Bevándorlási és Menekültügyi Hivatal

(Case C-67/19) (1)

(2020/C 329/12)

Language of the case: Hungarian

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 139, 15.4.2019.
Official Journal of the European Union

Order of the President of the Court of 14 October 2020 (request for a preliminary ruling from the Conseil d’État — Belgium) — B. O. L. v État belge

(Case C-250/19) (1)

(2021/C 44/46)

Language of the case: French

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 182, 27.5.2019.
Official Journal of the European Union

Order of the President of the Court of 24 August 2020 (request for a preliminary ruling from the Landgericht Gera — Germany) — MM v Volkswagen AG

(Case C-663/19) (1)

(2020/C 414/37)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 399, 25.11.2019.
Order of the Court (Tenth Chamber) of 14 January 2021 — (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal procedure against UC, TD

(Case C-769/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Judicial cooperation in criminal matters - Directive 2012/13/EU - Right to information in criminal proceedings - Article 6 - Right of suspects or accused persons to be informed of their rights - Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union - Dealing with a case in a reasonable time - National legislation providing for the discontinuance of judicial proceedings in the case of a finding of deficiencies in the bill of indictment by the court - Remission of the matter to the public prosecutor’s office for a new bill of indictment to be drawn up - Admissibility)

(2021/C 138/18)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties in the main criminal proceedings

UC, TD

Interested party: Spetsializirana prokuratura

Operative part of the order

Article 6(1), (3) and (4), of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings, the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union as well as the principle of primacy of EU law and the right to respect for human dignity must be interpreted as not precluding national legislation which, in the case of a deficient bill of indictment the content of which is unclear, incomplete or inconsistent, in no circumstances allows the public prosecutor to remedy the deficiencies by correcting them at the preliminary hearing during which they are established and instead obliges the court to discontinue the judicial proceedings and remit the matter to the public prosecutor’s office for a new bill of indictment to be drawn up.

(1) OJ C 27, 27.1.2020.
Official Journal of the European Union

Order of the President of the Court of 29 October 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No 6 de Ceuta — Spain) — HG, IH v Bankia SA

(Case C-527/19) (1)

(2021/C 44/52)

Language of the case: Spanish

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 413, 9.12.2019.
1.

Clause 5 of the Framework Agreement on fixed-term work concluded on 18 March 1999, which is included in 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, must be interpreted as meaning that it is for the national court to assess, in accordance with all the applicable rules of national law, whether national measures providing for the reclassification of a category of temporary staff by replacing the status of occasional regulated staff with that of interim regulated staff, and the possible establishment of those staff following selection procedures designed to fill definitively the posts occupied temporarily by them, constitute adequate measures to prevent and, where appropriate, to penalise abuses resulting from the use of successive fixed-term employment contracts or relationships or equivalent legal measures, within the meaning of that provision. If this is not the case, it is for that court to ascertain whether there are other effective measures in the applicable national legislation to prevent and penalise such abuses.
Order of the Court (Eighth Chamber) of 30 September 2020 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — JS v Câmara Municipal de Gondomar

(Case C-135/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 5 - Fixed-term employment contracts in the public sector - Successive contracts - Prohibition on converting fixed-term contracts to open-ended contracts - Whether permissible)

(2020/C 414/25)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Applicant: JS

Defendant: Câmara Municipal de Gondomar

Operative part of the order

Clause 5 of the framework agreement on fixed-term work, concluded on 18 March 1999, annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as precluding legislation of a Member State that, in the public sector, prohibits absolutely the conversion of a succession of fixed-term employment contracts into a contract of indefinite duration, where that legislation does not include, as regards that sector, another effective measure to prevent and, where relevant, punish the abuse of successive fixed-term contracts.

(1) OJ C 209, 22.6.2020.
Order of the Court (Ninth Chamber) of 28 May 2020 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Puglia — Italy) — MC v Ufficio territoriale del governo (U.T.G.) — Prefettura di Foggia

(Case C-17/20) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - Manifest inadmissibility - General principles of EU law - Right to good administration - Right of defence - Right to be heard - Measure adopted by the prefecture aimed at prohibiting an activity on account of alleged mafia infiltration - Legislation not providing for an adversarial administrative procedure)

(2020/C 287/38)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Puglia

Parties to the main proceedings

Applicant: MC

Defendant: Ufficio territoriale del governo (U.T.G.) — Prefettura di Foggia

Operative part of the order

The request for a preliminary ruling made by the Tribunale amministrativo regionale per la Puglia (Regional Administrative Court, Apulia, Italy), by decision of 27 November 2019, is manifestly inadmissible.

(1) OJ C 161, 11.5.2020.
Official Journal of the European Union

Order of the President of the Court of 6 October 2020 (request for a preliminary ruling from the High Court of Justice (Queen’s Bench Division) — United Kingdom) — Daimler AG v Walleniusrederierna Aktiebolag, Wallenius Wilhelmsen ASA, Wallenius Logistics AB, Wilhelmsen Ships Holding Malta Limited, Wallenius Wilhelmsen Ocean AS, ‘K’ Line Holding (Europe) Limited, ‘K’ Line Europe Limited, Compañia Sudamericana de Vapores SA

(Case C-2/20) (1)

(2021/C 44/56)

Language of the case: English

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 68, 2.3.2020.
Official Journal of the European Union

Order of the President of the Court of 13 August 2020 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — CY v Eurowings GmbH

(Case C-252/20) (1)

(2020/C 414/45)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 279, 24.8.2020.
Official Journal of the European Union

Order of the President of the Court of 26 April 2021 (request for a preliminary ruling from the Landgericht Mainz — Germany) — KX v PY GmbH

(Case C-317/20) (1)

(2021/C 289/44)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 348, 19.10.2020.
Official Journal of the European Union

Order of the President of the Court of Justice of 25 January 2021 (request for a preliminary ruling from the l’Oberlandesgericht Wien — Austria) — Österreichische Apothekerkammer v HA

(Case C-407/20) (1)

(2021/C 138/38)

Language of the case: German

The President of the Court of Justice has ordered that the case be removed from the register.

(1) OJ C 443, 21.12.2020.
Official Journal of the European Union

Order of the Court (Eighth Chamber) of 29 June 2021 — Talanton AE — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon v European Commission

(Case C-359/20 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Arbitration clause - Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) - Grant agreement - Non-eligible costs - Recovery decision - Action brought by the recipient before the General Court of the European Union on the basis of Article 272 TFEU - Distortion of the facts - Reasonable period of time - Principle of good faith - Legitimate expectations - Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded)

(2021/C 357/05)

Language of the case: Greek

Parties

Appellant: Talanton AE — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon (represented by: K. Damis and M. Angelopoulos, dikigoroi)

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

Operative part of the order

1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.

2. Talanton Anonymi Emporiki — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon is ordered to pay the costs.

(1) OJ C 320, 28.9.2020
Order of the Court (Eighth Chamber) of 18 May 2021 (request for a preliminary ruling from the Högsta förvaltningsdomstolen — Sweden) — Skatteverket v Skellefteå Industrihus AB

(Case C-248/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Taxation - Common system of value added tax (VAT) - Directive 2006/112/EC - Deduction of the input tax paid during the stage of construction of a building - Optional tax liability scheme - Abandonment of the initially planned activity - Adjustment of the deduction of the input tax paid - Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law)

(2021/C 320/12)

Language of the case: Swedish

Referring court

Högsta förvaltningsdomstolen

Parties to the main proceedings

Applicant: Skatteverket

Defendant: Skellefteå Industrihus AB

Operative part of the order

Articles 137, 168, 184 to 187, 189 and 192 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national legislation which requires a property owner who was granted the right to benefit from the optional tax liability scheme during the construction of a building that he or she intended to let out, and who deducted the input value added tax (VAT) charged on the purchases relating to that building project, to repay immediately all that VAT, plus any applicable interest, on the ground that the planned project that gave rise to the right of deduction did not result in any taxed activity, but as not precluding national legislation which, in such a situation, establishes an obligation to adjust the input VAT paid.

(1) OJ C 279, 24.8.2020.
Order of the Court (Seventh Chamber) of 22 June 2021 (request for a preliminary ruling from the Tribunalul Bucureşti — Romania) — SC Mitliv Exim SRL v Agenţia Naţională de Administrare Fiscală, Direcţia Generală de Administrare a Marilor Contribuabili

(Case C-81/20) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Value added tax (VAT) - Directive 2006/112/EC - Fundamental rights - Principle of ne bis in idem - Both criminal and administrative penalties - Not applicable - Ancillary tax liabilities - Interest on a sum paid by the taxpayer in the context of criminal proceedings)

(2021/C 382/05)

Language of the case: Romanian

Referring court

Tribunalul Bucureşti

Parties to the main proceedings

Applicant: SC Mitliv Exim SRL

Defendants: Agenţia Naţională de Administrare Fiscală, Direcţia Generală de Administrare a Marilor Contribuabili

Operative part of the order

Articles 2 and 63 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, where taxable transactions have taken place and the related value added tax is chargeable, a payment made, even provisionally, seeking to honour the corresponding tax claim cannot be regarded as unfair and cannot generate interest to the benefit of the taxpayer who made that payment.

(1) OJ C 279, 24.8.2020.
Official Journal of the European Union

Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — CT v Deutsche Lufthansa AG

(Case C-528/20) (1)

(2021/C 368/18)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 28, 25.01.2021.
Order of the Court (Eighth Chamber) of 13 December 2021 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — XG v Autoridade Tributária e Aduaneira

(Case C-647/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Direct taxation - Taxation of capital gains on immovable property - Articles 63, 64 and 65 TFEU - Free movement of capital - Higher tax liability on capital gains on immovable property made by residents of third countries)

(2022/C 95/04)

Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings

Applicant: XG

Defendant: Autoridade Tributária e Aduaneira

Operative part of the order

Articles 63 and 65(1) TFEU must be interpreted as precluding legislation of a Member State relating to personal income tax, which makes capital gains arising from the sale of immovable property situated in that Member State, by a resident of a third country, subject to a higher tax liability than that which would be applied, for the same type of transaction, to capital gains made by a resident of that Member State.

(1) OJ C 53, 15.2.2021.
Official Journal of the European Union

Order of the President of the Court of 21 September 2021 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — ‘Banka DSK’ EAD v RP

(Case C-689/20) (1)

(2021/C 513/36)

Language of the case: Bulgarian

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 88, 15.3.2021.
Order of the President of the Fourth Chamber of the Court of 18 May 2022 (request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem — Netherlands) — F, A, G, H, I v Staatssecretaris van Justitie en Veiligheid

(Case C-579/20) (1)

(2022/C 368/29)

Language of the case: Dutch

The President of the Fourth Chamber has ordered that the case be removed from the register.

(1) OJ C 128, 12.4.2021.
Order of the President of the Third Chamber of the Court, acting as President of the Ninth Chamber of 4 March 2022 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — Airhelp Limited v Austrian Airlines AG

(Case C-164/20) (1)

(2022/C 222/35)

Language of the case: German

The President of the Ninth Chamber has ordered that the case be removed from the register.

(1) OJ C 230, 13.7.2020.
Official Journal of the European Union

Order of the President of the Court of 26 October 2021 (request for a preliminary ruling from the Tribunal Constitucional — Portugal) — Autoridade Tributária e Aduaneira v VectorImpacto — Automóveis Unipessoal Lda

(Case C-136/21) (1)

(2022/C 64/40)

Language of the case: Portuguese

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 189, 17.5.2021.
Official Journal of the European Union

Order of the President of the Court of 18 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Deutsche Lufthansa AG v BC

(Case C-106/21) (1)

(2021/C 382/33)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 182, 10.05.2021.
Order of the Court (Eighth Chamber) of 25 March 2022 — (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against IP, DD, ZI, SS, HYA

(Case C-609/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Article 4(3) TEU - Article 267 TFEU - Charter of Fundamental Rights of the European Union - Article 47, second paragraph - Article 94 of the Rules of Procedure of the Court - Content of a request for a preliminary ruling - National rule providing for the national criminal court to decline jurisdiction on the basis that it expressed a view on the facts of the case in the request for a preliminary ruling on pain of annulment of the decision to be given on the merits of the case - Article 18 TFEU - Article 21(2) of the Charter - Article 23 of the Statute of the Court of Justice of the European Union - Requirement for national courts to inform their own Member State of any request for a preliminary ruling submitted to the Court)

(2022/C 198/19)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties in the main criminal proceedings

IP, DD, ZI, SS, HYA

Operative part of the order

1. Article 267 TFEU and Article 94(1)(a) of the Rules of Procedure of the Court of Justice, read in the light of Article 4(3) TEU and the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding a national rule which requires courts hearing criminal cases, when they make factual findings in the context of a request for a preliminary ruling made to the Court, to decline jurisdiction on pain of annulment of the decision to be given on the merits of the case. Such a rule must be disregarded by those courts and by any authority empowered to apply it.

2. Article 18 TFEU, Article 21(2) of the Charter of Fundamental Rights and Article 23 of the Statute of the Court of Justice must be interpreted as precluding legislation of a Member State requiring a court which has submitted a request for a preliminary ruling to send a copy of that request to the authority responsible for representing that Member State before the Court.

(1) Date of filing: 28.9.2021.
Official Journal of the European Union

Order of the President of the Court of 5 January 2022 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — PW v Eurowings GmbH

(Case C-697/21) (1)

(Air transport - Compensation to air passengers in the event of cancellation of flights - Means by which the cost of the ticket is reimbursed - Reimbursement by travel voucher - Request to be reimbursed in cash)

(2022/C 109/19)

Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings

Applicant: PW

Defendant: Eurowings GmbH

Operative part of the order

Case C-697/21 is removed from the Register of the Court.

(1) Date of filing: 19/11/2021.