ddrg/super_eurlex huggingface dataset:
10

Paragraph 53a of the 2015 Federal Law on Railways is worded as follows: ‘(1) The reference date for the purpose of advancement shall be the date on which the period allowing access to the higher salary step begins to run for the first time. (2) For the purpose of determining the reference date for advancement, the only periods to be taken into account shall be periods completed in the context of an employment relationship or a training relationship as an apprentice with: (a) [ÖBB], one of its legal predecessors or, as of the entry into effect of regulated division or reorganisation procedures concerning ÖBB-Holding AG, any of the companies indicated in Part 3 of that federal law — in the version of the federal law published in BGB1. I, 138/2003 — their successors in title and undertakings that emerge from any one of those companies as a result of reorganisation measures adopted in accordance with company law in force, and undertakings to which the employment relationships of staff employed at 31 December 2003 by [ÖBB] have been transferred contractually or following a transfer/transfers of undertakings, and (b) railway infrastructure undertakings and/or rail transport undertakings of a Member State of the European Economic Area (EEA), the Republic of Turkey or the Swiss Confederation, as long as such an obligation stems from respective association or freedom of movement agreements. (3) The advancement shall take place on 1 January following the expiry of the period for advancement. … (5) After duly communicating and establishing earlier periods of service no later than the expiry of the period indicated in paragraph 4, the person concerned shall be placed in the salary step of the pay scales set out in Annexes 2 and 2a to the [Allgemeine Vertragsbedingungen für Dienstverträge bei den Österreichischen Bundesbahnen (AVB) (general terms and conditions applicable to employment contracts with the Austrian railways)] on the basis of the reference date for the purpose of advancement determined in accordance with paragraph 2. (6) The classification referred to in paragraph 5 shall not result in any reduction in the salaries received before the publication of the [2015 Federal Law on Railways]. If the classification under paragraph 5 does lead to a reduction in the salary received by comparison with that received in the last month before publication of the [2015 Federal Law on Railways], the latter salary shall be maintained until the salary determined as a result of the classification under paragraph 5 reaches the same level of the maintained salary, in accordance with Annexes 2 and 2a to the [general terms and conditions applicable to employment contracts with the Austrian railways]. …’
10

Paragraph 6, entitled ‘Loss of the right of entry and residence’, of the Gesetz über die allgemeine Freizügigkeit von Unionsbürgern (Law on freedom of movement of Union citizens) of 30 July 2004 (‘the FreizügG/EU’), which is intended, inter alia, to transpose Article 28 of Directive 2004/38, provides: ‘(1) [O]nly on grounds of public policy, public security or public health (Articles 45(3) and 52(1) [TFEU]) may the right laid down in Paragraph 2(1) be declared forfeit, a document attesting to a permanent right of residence be withdrawn, or a residence permit or permanent residence permit be revoked. Entry may also be refused on the grounds referred to in the first sentence. ... (2) The existence of a criminal conviction shall not in itself constitute a sufficient ground for the adoption of the decisions or measures referred to in subparagraph 1. Only criminal convictions which have not yet been deleted from the central register may be taken into account, and only in so far as the circumstances on which they are based disclose personal conduct that constitutes a present threat to the requirements of public policy. There must be a genuine and sufficiently serious threat affecting a fundamental interest of society. (3) When a decision under subparagraph 1 is made, account must be taken in particular of how long the person concerned has resided in Germany, his age, his state of health, his family and economic situation, his social and cultural integration in Germany and the extent of his ties to his State of origin. (4) Once a right of permanent residence has been acquired, a determination under subparagraph 1 may be made only on serious grounds. (5) In the case of Union citizens and their family members who have resided in Federal territory for the previous 10 years, and in the case of minors, a determination under subparagraph 1 may be made only on imperative grounds of public security. This shall not apply to minors where the forfeiture of the right of residence is necessary in the best interests of the child. Imperative grounds of public security may exist only if the person concerned, after being convicted of one or more intentional offences, has been definitively sentenced to at least five years’ imprisonment or youth custody or if, on the occasion of the most recent definitive conviction, a term of preventive detention was ordered, where the security of the Federal Republic of Germany is affected or the person concerned poses a terrorist risk. ...’
76

It should be noted that, in paragraphs 45 to 49 of the judgments under appeal, the General Court recalled the relevant case-law in order to determine, in the present case, whether the use of the mark in respect of which registration is sought takes unfair advantage of the reputation of the earlier mark. In paragraphs 50 and 51 of those judgments, it examined the nature and degree of closeness of the goods and services concerned. The General Court confirmed, in paragraph 53 of each of the judgments under appeal, the Board of Appeal’s assessment concerning the existence of a link that could be established between the goods covered by the earlier mark and the goods and services designated by the mark in respect of which registration is sought, namely being part of the luxury sector. In paragraph 54 of each of those judgments, the General Court upheld the Board of Appeal’s assessment that it was highly likely that that mark could take unfair advantage of the reputation of the earlier mark, basing its finding on the existence of a link between the goods and services covered by the marks at issue, the substantial reputation of the earlier mark, the high degree of similarity between those marks and the sophisticated and iconic image conveyed by the earlier mark. In paragraph 56 of the judgment under appeal in Case C‑86/16 P, the General Court added that the services in Classes 35 and 43 of the Nice Agreement, covered by the application for registration, might nonetheless appear to be services ancillary to the production and sale of wine.
9

Article 28a of the Ustawa o transporcie kolejowym (Law on Rail Transport) of 28 March 2003 (Dz. U. 2003, position 86), which contains the provisions on the establishment and operation of the Państwowa Komisja Badania Wypadków Kolejowych (National Railway Accident Investigation Commission, ‘the PKBWK’), provides: ‘1. Under the responsibility of the Minister for Transport, a permanent National Railway Accident Investigation Commission [the PKBWK] shall carry on its activities independently, conducting investigations in respect of serious accidents, accidents and incidents … 2. The [PKBWK] shall carry on its activities in the name of the Minister for Transport. 3. The [PKBWK] shall consist of four permanent members, including a director, a deputy director and a secretary. 4. The [PKBWK] may also consist of ad hoc members chosen by the director of the [PKBWK] to participate in the procedure from a list provided by the Minister for Transport. … 6. The director of the [PKBWK] shall be appointed and dismissed by the Minister for Transport. 7. The deputy director and the secretary shall be appointed and dismissed by the Minister for Transport, at the request of the director of the [PKBWK]. 8. Members of the [PKBWK] shall be appointed and dismissed by the Minister for Transport, acting on a proposal from the director of the [PKBWK]. 9. The Minister for Transport may, at the request of the [PKBWK], passed by an absolute majority vote, dismiss members of the [PKBWK]. 10. Any person who: (1) is a Polish citizen and enjoys full civil rights; (2) has full capacity to engage in legal acts; (3) has not been convicted of the intentional commission of a crime; (4) meets the requirements in regard to education and training; may be a member of the [PKBWK]. 11. A person’s membership of the [PKBWK] shall come to an end on his death, following his failure to meet the requirements set out in Article 28a(10), or upon receipt of his resignation, submitted to the Minister for Transport. 12. The [PKBWK] may consist of specialists in the following areas: (1) rail network operation; (2) designing, building and maintaining railway lines, junctions and stations; (3) safety and steering devices for rail networks and communications; (4) railway vehicles; (5) railway electrical power; (6) transportation of hazardous goods by rail. 13. Persons having higher education, suitable qualifications and at least five years’ experience in a given field shall be considered to be experts in that area. 14. Members of the [PKBWK], when passing a resolution referred to in Article 281(1), shall be governed by the principle of unfettered assessment of evidence and shall not be bound by any instruction as to the content of the resolutions passed. 15. When investigating a serious accident, accident or incident, the [PKBWK] may not consist of ad hoc members employed by agencies whose rail infrastructure, workers or vehicles were involved in the event under investigation. …’
14

The fourth to seventh sentences of Paragraph 9(7) of the GewStG 2002 govern distributions between sub-subsidiaries with their central management and control and head office outside the territory to which that law applies as follows: ‘4If an undertaking which, through a subsidiary, indirectly owns at least 15% of a capital company having its central management and control and its registered office outside the territory of application of this law (a sub-subsidiary) makes profits in the course of a financial year from its shareholdings in the subsidiary and if the sub-subsidiary distributes profits to the subsidiary during that financial year, the same rule shall apply, at the request of the undertaking, to the part of the profits received by it and corresponding to the distribution by the sub-subsidiary of the profits allocated to the undertaking on account of its indirect shareholding. 5If, during the financial year concerned, the subsidiary has received other revenues additional to the shares of profits of a sub-subsidiary, the fourth sentence shall apply only to the share of the distribution allocated to the subsidiary corresponding to the proportion of those shares of profits in the sum of the profits and other revenues, within the limits of the amount of those shares of profits. 6Application of the fourth sentence presupposes that 1. the sub-subsidiary has, in the course of the financial year during which it carried out the distribution, derived its gross revenues exclusively, or almost exclusively, from activities covered by Paragraph 8(1)(1) to (6) of [the AStG] or from shareholdings covered by the point (1) of the first sentence and that 2. the subsidiary fulfils the requirements laid down by the first sentence as regards the shareholding in the capital of the sub-subsidiary. 7Application of the preceding provisions requires that the undertaking provide all evidence, in particular 1. that it establish, by the submission of relevant documents, that the subsidiary derives its gross revenues exclusively, or almost exclusively, from activities covered by Paragraph 8(1)(1) to (6) of [the AStG] or from shareholdings covered by points (1) and (2) of the first sentence, 2. that it establish, by the submission of relevant documents, that the sub-subsidiary derives its gross revenues exclusively, or almost exclusively, from activities covered by Paragraph 8(1)(1) to (6) of [the AStG] or from shareholdings covered by point (1) of the first sentence, 3. that it establish the distributable profits of the subsidiary or of the sub-subsidiary by the production of balance sheets and profit and loss accounts; those documents must be presented on request with the certificate required or usually used in the State of management or registered office and drawn up by an officially recognised supervisory body or an equivalent body.’
5

Article 4(1) to (3) of the regulation provides: ‘1. Prior to initiating the collection of statements of support from signatories for a proposed citizens’ initiative, the organisers shall be required to register it with the Commission, providing the information set out in Annex II, in particular on the subject matter and objectives of the proposed citizens’ initiative. That information shall be provided in one of the official languages of the Union, in an online register made available for that purpose by the Commission (“the register”). The organisers shall provide, for the register and where appropriate on their website, regularly updated information on the sources of support and funding for the proposed citizens’ initiative. After the registration is confirmed in accordance with paragraph 2, the organisers may provide the proposed citizens’ initiative in other official languages of the Union for inclusion in the register. The translation of the proposed citizens’ initiative into other official languages of the Union shall be the responsibility of the organisers. The Commission shall establish a point of contact which provides information and assistance. 2. Within two months from the receipt of the information set out in Annex II, the Commission shall register a proposed citizens’ initiative under a unique registration number and send a confirmation to the organisers, provided that the following conditions are fulfilled: … (b) the proposed citizens’ initiative does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties; … 3. The Commission shall refuse the registration if the conditions laid down in paragraph 2 are not met. Where it refuses to register a proposed citizens’ initiative, the Commission shall inform the organisers of the reasons for such refusal and of all possible judicial and extrajudicial remedies available to them.’
Case C‑76/17

SC Petrotel-Lukoil SA and Maria Magdalena Georgescu

v

Ministerul Economiei and Others

(Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie)

(Reference for a preliminary ruling — Charges having an effect equivalent to customs duties — Article 30 TFEU — Internal taxation — Article 110 TFEU — Charge applied to exported petroleum products — Charge not passed on to the consumer — Tax burden for the taxpayer — Reimbursement of the sums paid by the taxpayer)

Summary — Judgment of the Court (Fourth Chamber) of 1 March 2018

EU law — Direct effect — National taxes incompatible with EU law — Repayment — Taxpayer’s practice meaning that the charge is not passed on to the consumer — Tax burden for the taxpayer — Refusal of repayment based on the scheme laid down in national legislation for passing on the charge — Not permissible

(Art. 30 TFEU)

EU law, in particular Article 30 TFEU, must be interpreted as meaning that the taxpayer, who in fact pays the charge having an equivalent effect contrary to that article, must be able to obtain reimbursement of the sums which it has paid by way of that charge, even in a situation where the payment mechanism for the charge has been designed in national legislation so that the charge is passed on to the consumer.

(see para. 39, operative part)
Case C‑39/17

Lubrizol France SAS

v

Caisse nationale du Régime social des indépendants (RSI) participations extérieures

(Request for a preliminary ruling from the Cour de cassation (France))

(Reference for a preliminary ruling — Free movement of goods — Articles 28 and 30 TFEU — Charges having equivalent effect — Article 110 TFEU — Internal taxation — Social solidarity contribution payable by companies — Charge — Basis of assessment — Companies’ overall annual turnover — Directive 2006/112/EC — Article 17 — Transfer of goods to another Member State — Value of the goods transferred — Inclusion in the overall annual turnover)

Summary — Judgment of the Court (Fourth Chamber), 14 June 2018

Free movement of goods — Customs duties — Charges having equivalent effect — Internal taxation — Social solidarity contribution payable by companies — Calculation of the basis of assessment for that contribution — National legislation which provides that the representative value of goods transferred within the territory of a Member State is taken into account only at the time of their sale — Taking into account the representative value of goods transferred from the Member State concerned to another Member State from the time of that transfer — Lawfulness — Conditions

(Arts 28 TFEU and 30 TFEU)

Articles 28 and 30 TFEU must be interpreted as not precluding legislation of a Member State which provides that the basis of assessment for contributions levied on the annual turnover of companies, provided that the latter reaches or exceeds a certain amount, is calculated by taking into account the representative value of the goods transferred by or on behalf of a taxable person, for the purposes of his business, from that Member State to another EU Member State, that value being taken into account from the time of that transfer, whereas, in the case where the same goods are transferred by or on behalf of the taxable person, for the purposes of his business, within the territory of the Member State concerned, their value is taken into account in that basis of assessment only at the time of their subsequent sale, on condition that:

– first, the value of those goods is not taken into account in that basis of assessment for a second time at the time of their subsequent sale in that Member State;

– secondly, their value is deducted from that basis of assessment when those goods are not intended to be sold in the other Member State or have been transferred back to the Member State of origin without having been sold, and

– thirdly, the advantages stemming from the use of those contributions do not offset in full the burden borne by the national product marketed on the national market when it is placed on the market, this being a matter for the referring court to ascertain.

(see para. 51, operative part)
Article 1(1) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, must be interpreted as meaning that that directive applies to a situation in which a contracting entity has terminated the contract for the provision of services relating to the security of buildings concluded with one undertaking and has, for the purposes of the provision of those services, concluded a new contract with another undertaking, which takes on, pursuant to a collective agreement, the majority, in terms of their number and skills, of the staff whom the first undertaking had assigned to the performance of those services, in so far as the operation is accompanied by the transfer of an economic entity between the two undertakings concerned.

The Court has thus held that, inasmuch as, in certain labour-intensive sectors, a group of workers engaged in a joint activity on a permanent basis may constitute an economic entity, such an entity is capable of maintaining its identity after it has been transferred where the new employer does not merely pursue the activity in question but also takes over a major part, in terms of their numbers and skills, of the employees specially assigned by his predecessor to that task. In those circumstances, the new employer takes over an organised body of assets enabling him to carry on the activities or certain activities of the transferor undertaking on a regular basis (judgment of 20 January 2011, CLECE, C‑463/09, EU:C:2011:24, paragraph 36 and the case-law cited).

Thus, a business providing security in a museum, such as that at issue in the main proceedings, which does not require specific tangible assets, can be regarded as essentially a labour-intensive activity and, consequently, a group of workers engaged in a joint security activity on a permanent basis may, in the absence of other factors of production, constitute an economic entity. The identity of that entity must nonetheless be retained after the transfer in question (see, by analogy, judgment of 20 January 2011, CLECE, C‑463/09, EU:C:2011:24, paragraph 39).

(see paras 34, 35, 39, operative part1)
Article 15 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste and the ‘polluter-pays’ principle which it implements do not preclude national legislation, such as that at issue in the main proceedings, which imposes a contribution on an economic operator which does not make any alteration to the packaging which it places on the market, calculated on the basis of the difference in weight between, on the one hand, the quantity of packaging waste corresponding to the minimum targets for energy recovery and recovery by recycling and the quantity of packaging waste actually recovered or recycled.

(see para. 43, operative part)
1.

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks devoid of any distinctive character—Exception—Distinctive character acquired through use—Trade mark devoid of distinctive character throughout the EU—Acquisition of that character in part of the Union—Insufficient (Council Regulation No 207/2009, Art. 7(2) and (3)) (see para. 24)