ddrg/super_eurlex huggingface dataset:
Order of the Court (Eighth Chamber) of 17 September 2020 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — Super Bock Bebidas SA v Autoridade Tributária e Aduaneira

(Case C-837/19) (1)

(Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Deduction of input tax - Sixth Directive 77/388/EEC - Article 17(6) - Directive 2006/112/EC - Articles 168 and 176 - Exclusion from the right to deduct - Purchase of accommodation, food, drink, vehicle leases, fuel and tolls services - Standstill clause - Accession to the European Union)

(2020/C 414/23)

Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings

Applicant: Super Bock Bebidas SA

Defendant: Autoridade Tributária e Aduaneira

Operative part of the order

Article 17(6) of the Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, and Article 168(a) and Article 176 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as not precluding legislation of a Member State which came into force after the date of accession of that Member State to the European Union, and according to which the exclusions from the right to deduct value added tax charged on expenditure relating to, in particular, accommodation, food, drink, vehicle leases, fuel and tolls, also apply where it is established that that expenditure was incurred for the purchase of goods and services used for the purposes of taxed transactions.

(1) OJ C 54, 17.2.2020.
Order of the President of the Court of 23 November 2020 (request for a preliminary ruling from the Tribunale di Vicenza — Italy) — AV v Minister for Justice and the Italian Republic

(Case C-834/19) (1)

(2021/C 72/25)

Language of the case: Italian

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

(1) OJ C 54, 17.2.2020.
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 No 6 de Ceuta — Spain) — YV v Banco Bilbao Vizcaya Argentaria SA

(Case C-452/19) (1)

(2021/C 44/48)

Language of the case: Spanish

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

(1) OJ C 328, 30.9.2019.
Official Journal of the European Union

Order of the President of the Fourth Chamber of the Court of 13 August 2021 (request for a preliminary ruling from the Najvyšší súd Slovenskej republiky — Slovakia) — Generálna prokuratura Slovenskej republiky v X.Y.

(Case C-919/19) (1)

(2021/C 471/40)

Language of the case: Slovak

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

(1) OJ C 87, 16.3.2020.
Order of the Court (Sixth Chamber) of 11 February 2021 (request for a preliminary ruling from the Conseil d’État — Belgium) — T.H.C. v Commissaire général aux réfugiés et aux apatrides

(Case C-755/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Asylum policy - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Article 46 - Charter of Fundamental Rights of the European Union - Article 47 - Right to an effective remedy - Action brought against the rejection of a subsequent application for international protection as inadmissible - Time limit for bringing proceedings - Detention)

(2021/C 182/31)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: T.H.C.

Defendant: Commissaire général aux réfugiés et aux apatrides

Operative part of the order

Article 46 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding national legislation which subjects an appeal against a decision to reject a subsequent application for international protection to a time limit of five days, including public holidays, where the applicant concerned is held in detention, provided, first, that the principle of equivalence is observed and, second, that genuine access for the applicants held in detention to the procedural safeguards granted by EU law to applicants for international protection is ensured within that period.

It is for the national court to ascertain whether the national legislation at issue in the main proceedings meets those requirements.

(1) OJ C 423, 16.12.2019.
Official Journal of the European Union

Order of the President of the Court of 15 July 2020 (request for a preliminary ruling from the Audiencia Provincial de Alicante — Spain) — Bankia SA v SI

(Case C-31/20) (1)

(2020/C 329/24)

Language of the case: Spanish

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

(1) OJ C 161, 11.5.2020.
Order of the Court (Ninth Chamber) of 3 December 2020 (request for a preliminary ruling from the Curtea de Apel Alba Iulia — Romania) — Siebenburgisches Nugat SRL v Direcţia Generală Regională a Finanţelor Publice Braşov, Agenţia Naţională de Administrare Fiscală — Direcţia Generală a Vămilor — Direcţia Regională Vamală Braşov — Biroul Vamal de Interior Sibiu

(Case C-99/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Customs union - Common customs tariff - Combined nomenclature - Tariff headings - Subheading 8302 41 30 - Metal rail components for hanging curtains)

(2021/C 79/20)

Language of the case: Romanian

Referring court

Curtea de Apel Alba Iulia

Parties to the main proceedings

Applicant: Siebenburgisches Nugat SRL

Defendants: Direcţia Generală Regională a Finanţelor Publice Braşov, Agenţia Naţională de Administrare Fiscală — Direcţia Generală a Vămilor — Direcţia Regională Vamală Braşov — Biroul Vamal de Interior Sibiu

Intervener: Hans Draser Internationales Marketing

Operative part of the order

The combined nomenclature, as set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the version resulting from Commission Implementing Regulation (EU) 2015/1754 of 6 October 2015, must be interpreted as meaning that rail components for hanging curtains, in the form of finished tubes (painted, nickel-plated, chromed), come under tariff subheading 8302 41 90, unless those finished tubes consist in rods, tubes or bars merely cut to the desired length, which it is for the referring court to verify for the purposes of the tariff classification of the goods.

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

Order of the President of the Court of 9 November 2020 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — BT v Eurowings GmbH

(Case C-438/20) (1)

(2021/C 44/64)

Language of the case: German

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

(1) OJ C 433, 14.12.2020.
Official Journal of the European Union

Order of the President of the Court of 11 March 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Reprensus GmbH v S-V Pavlovi Trejd EOOD

(Case C-591/20) (1)

(2021/C 289/47)

Language of the case: German

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

(1) OJ C 35, 1.2.2021.
Official Journal of the European Union

Order of the President of the Court of Justice of 18 January 2021 — European Commission v Italian Republic

(Case C-227/20) (1)

(2021/C 138/36)

Language of the case: Italian

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

(1) OJ C 255, 3.8.2020.
Official Journal of the European Union

Order of the President of the Court of 4 June 2021 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Mokotowa w Warszawie — Poland) — European Chemicals Agency v Miejskie Przedsiębiorstwo Energetyki Cieplnej sp. z o.o.

(Case C-392/20) (1)

(2021/C 357/21)

Language of the case: Polish

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

(1) OJ C 423, 7.12.2020.
Official Journal of the European Union

Order of the President of the Court of 19 May 2021 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — B v Finanzamt Österreich, formerly Finanzamt Wien 9/18/19

(Case C-1/20) (1)

(2021/C 320/35)

Language of the case: German

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

(1) OJ C 137, 27.4.2020.
Order of the President of the Fifth Chamber of the Court of 19 July 2021 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — ExxonMobil Production Deutschland GmbH v Bundesrepublik Deutschland, represented by the Umweltbundesamt

(Case C-126/20) (1)

(2021/C 471/42)

Language of the case: German

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

(1) OJ C 215, 29.6.2020.
Official Journal of the European Union

Order of the President of the Court of 17 June 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — AP v Deutsche Lufthansa AG

(Case C-529/20) (1)

(2021/C 368/19)

Language of the case: German

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

(1) OJ C 28, 25.1.2021.
Order of the Court (Sixth Chamber) of 6 December 2021 (request for a preliminary ruling from the Ráckevei Járásbíróság — Hungary) — EP, TA, FV, TB v ERSTE Bank Hungary Zrt.

(Case C-670/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Loan agreement denominated in a foreign currency - Terms exposing the borrower to a foreign exchange risk - Article 4(2) - Requirements of intelligibility and transparency - Lack of effect of the declaration by the consumer under which he or she is fully aware of the potential risks arising from a loan denominated in a foreign currency - Contractual term that is in plain, intelligible language)

(2022/C 95/05)

Language of the case: Hungarian

Referring court

Ráckevei Járásbíróság

Parties to the main proceedings

Applicants: EP, TA, FV, TB

Defendant: ERSTE Bank Hungary Zrt.

Operative part of the order

Article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that the requirement of transparency of terms of a loan agreement denominated in a foreign currency, which expose the borrower to a foreign exchange risk, is satisfied only where the seller or supplier has provided him or her with accurate and sufficient information on the foreign exchange risk, to enable an average consumer, who is reasonably well informed and reasonably observant and circumspect to evaluate the risk of potentially significant adverse economic consequences of such terms on his or her financial obligations throughout the term of the agreement. In that regard, the fact that the consumer declares himself or herself to be fully aware of the potential risks arising from entering into that agreement does not, in itself, have any relevance for the purposes of the assessment of whether the seller or supplier has met that requirement of transparency.

(1) OJ C 98, 22.3.2021.
Order of the Court (Tenth Chamber) of 29 October 2021 (request for a preliminary ruling from the Sąd Rejonowy w Opatowie — Poland) — HG, TC v Ubezpieczeniowy Fundusz Gwarancyjny

(Case C-688/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 3, first paragraph - Obligation to take out a contract of insurance - Scope - Unroadworthy vehicle, not registered and officially withdrawn from use)

(2022/C 24/13)

Language of the case: Polish

Referring court

Sąd Rejonowy w Opatowie

Parties to the main proceedings

Applicants: HG, TC

Defendant: Ubezpieczeniowy Fundusz Gwarancyjny

Operative part of the order

The first paragraph of Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability must be interpreted as meaning that the conclusion of a contract of insurance against civil liability in respect of the use of a motor vehicle is not compulsory during the period in which the vehicle concerned is not roadworthy on account of its technical condition, is not registered and has been temporarily withdrawn from use in accordance with the applicable national law.

(1) Date lodged: 17/12/2020.
2.

Article 56 TFEU must be interpreted as not precluding national legislation which, where prohibited lotteries are made available for commercial purposes, lays down in mandatory terms: — the imposition of a minimum fine for each unauthorised slot machine, with no ceiling on the total amount of fines imposed, provided that the total amount of fines imposed is not disproportionate to the economic benefit that could be derived from the offences penalised; — the imposition of an alternative custodial sentence for each unauthorised slot machine without a ceiling on the total duration of the alternative custodial sentences imposed, provided that the duration of the alternative custodial sentence actually imposed is not excessive having regard to the seriousness of the offences found, and — a contribution to the costs of the proceedings amounting to 10 % of the fines imposed, provided that that contribution is not excessive having regard to the actual cost of such proceedings and does not infringe the right of access to the courts enshrined in Article 47 of the Charter of Fundamental Rights of the European Union.
Order of the Court (Sixth Chamber) of 7 April 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich — Austria) — J.P. v B.d.S.L.

(Case C-521/20) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Directive 1999/62/EC - Charging of heavy goods vehicles for the use of certain infrastructures - Tolls - Non-payment - Penalties - Charter of Fundamental Rights of the European Union - Article 50 - Ne bis in idem principle - Article 94(c) of the Rules of Procedure - Lack of sufficient information - No link between the interpretation of EU law sought and the actual facts of the main action or its purpose - Manifest inadmissibility)

(2022/C 359/16)

Language of the case: German

Referring court

Landesverwaltungsgericht Oberösterreich

Parties to the main proceedings

Complainant: J.P.

Defendant authority: B.d.S.L.

Operative part of the order

The request for a preliminary ruling made by the Landesverwaltungsgericht Oberösterreich (Regional Administrative Court, Upper Austria, Austria), by decision of 15 October 2020, is manifestly inadmissible.

(1) OJ C 35, 1.2.2021.
Official Journal of the European Union

Order of the President of the Court of Justice of 5 February 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — Germanwings GmbH v KV

(Case C-8/21) (1)

(2021/C 182/67)

Language of the case: German

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 Court (Ninth Chamber) of 1 September 2021 — (request for a preliminary ruling from the Budai Központi Kerületi Bíróság — Hungary) — criminal proceedings against KI

(Case C-131/21) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court - Charter of Fundamental Rights of the European Union - Ne bis in idem principal - Cumulation of penalties - Nature of a police sanction - Implementation of national law - Lack of connection to EU law - Clear lack of jurisdiction of the Court)

(2021/C 471/18)

Language of the case: Hungarian

Referring court

Budai Központi Kerületi Bíróság

Party in the main proceedings

KI

Operative part of the order

The Court of Justice of the European Union clearly lacks jurisdiction to reply to the question referred by the Budai Központi Kerületi Bíróság (Central District Court, Buda, Hungary) by decision of 10 February 2021.

(1) OJ C 182, 10.5.2021.
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 IY, TP

(Case C-11/21) (1)

(2021/C 368/28)

Language of the case: German.

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

(1) OJ C 88, 15.3.2021.
Official Journal of the European Union

Order of the President of the Court of 5 January 2022 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — SN and Others v Eurowings GmbH

(Case C-740/21) (1)

(Air transport - Compensation to air passengers in the event of denied boarding - Passengers who arrived at the airport in good time - Flight missed owing to the unusually long duration of the check-in process - Organisational shortcomings or disruptions affecting the airport)

(2022/C 119/20)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Appellants: SN and DR, as well as GI, legally represented by SN and DR

Respondent: Eurowings GmbH

Operative part of the order

Case C-740/21 is removed from the Register of the Court.

(1) Date of filing: 1/12/2021.
Official Journal of the European Union

Order of the President of the Court of 12 November 2021 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — Banka DSK EAD v M. V.

(Case C-489/21) (1)

(2022/C 84/47)

Language of the case: Bulgarian

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

(1) OJ C 481, 29.11.2021.
Official Journal of the European Union

Order of the Court (Eighth Chamber) of 1 March 2022 — Antonius Maria Vervloet, Cornelia Wilhelmina Vervloet-Mulder v Agència Estatal de Resolució d’Entitats Bancàries (AREB)

(Case C-526/21 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Requirement of clarity and precision of the pleas in law - Manifest inadmissibility)

(2022/C 222/08)

Language of the case: Dutch

Parties

Appellants: Antonius Maria Vervloet, Cornelia Wilhelmina Vervloet-Mulder (represented by: P. Van der Veld, advocaat)

Other party to the proceedings: Agència Estatal de Resolució d’Entitats Bancàries (AREB)

Operative part of the order

1. The appeal is dismissed as manifestly inadmissible.

2. Mr Antonius Maria Vervloet and Mrs Cornelia Wilhelmina Vervloet-Mulder shall bear their own costs.

(1) OJ C 158, 11.4.2022.
Order of the President of the Fifth Chamber of the Court of 11 January 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Leinfelder Uhren München GmbH & Co. KG v E. Leinfelder GmbH, TL, SW, WL

(Case C-62/21) (1)

(2022/C 213/48)

Language of the case: German

The President of the Fifth Chamber 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 29 March 2022 (request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich — Poland) — Provident Polska S.A. v VF

(Case C-717/21) (1)

(2022/C 359/71)

Language of the case: Polish

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

(1) OJ C 128, 21.3.2022.
Order of the Court (Ninth Chamber) of 28 June 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — OF v Instituto de Financiamento da Agricultura e Pescas IP (IFAP)

(Case C-728/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Regulation (EC, Euratom) No 2988/95 - Protection of the European Union’s financial interests - Irregularities with regard to EU law - Proceedings - Limitation period - Interruption - Act relating to investigation or legal proceedings concerning an irregularity - Concept - Control report identifying the existence of an irregularity)

(2022/C 303/11)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Applicant: OF

Defendant: Instituto de Financiamento da Agricultura e Pescas IP (IFAP)

Operative part of the order

The third subparagraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests must be interpreted as meaning that an on-the-spot check report, which merely reveals the existence of an irregularity and does not mention any intention to investigate or institute legal proceedings in respect of that irregularity, can nevertheless be considered to be an ‘act relating to investigation or legal proceedings’, within the meaning of that provision, such as to interrupt the limitation period of the proceedings, referred to in the first subparagraph of Article 3(1) of that regulation, if it sets out with sufficient precision the transactions to which the suspicions of irregularities relate.

(1) Date lodged: 30.11.2021.
Order of the President of the Fifth Chamber of the Court of 7 September 2022 (request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto — Juízo Central Cível — Portugal) — Portugália — Administração de Patrimónios, SGPS, SA v Banco BPI

(Case C-448/21) (1)

(2023/C 15/38)

Language of the case: Portuguese

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

(1) OJ C 452, 8.11.2021.