ddrg/super_eurlex huggingface dataset:
7

According to Article 14 of that directive: ‘1. Disputes concerning the claim, the initial instrument permitting enforcement in the applicant Member State or the uniform instrument permitting enforcement in the requested Member State and disputes concerning the validity of a notification made by a competent authority of the applicant Member State shall fall within the competence of the competent bodies of the applicant Member State. If, in the course of the recovery procedure, the claim, the initial instrument permitting enforcement in the applicant Member State or the uniform instrument permitting enforcement in the requested Member State is contested by an interested party, the requested authority shall inform that party that such an action must be brought by the latter before the competent body of the applicant Member State in accordance with the laws in force there. 2. Disputes concerning the enforcement measures taken in the requested Member State or concerning the validity of a notification made by a competent authority of the requested Member State shall be brought before the competent body of that Member State in accordance with its laws and regulations. 3. Where an action as referred to in paragraph 1 has been brought before the competent body of the applicant Member State, the applicant authority shall inform the requested authority thereof and shall indicate the extent to which the claim is not contested. 4. As soon as the requested authority has received the information referred to in paragraph 3, either from the applicant authority or from the interested party, it shall suspend the enforcement procedure, as far as the contested part of the claim is concerned, pending the decision of the body competent in the matter, unless the applicant authority requests otherwise in accordance with the third subparagraph of this paragraph. At the request of the applicant authority, or where otherwise deemed to be necessary by the requested authority, and without prejudice to Article 16, the requested authority may take precautionary measures to guarantee recovery in so far as the laws or regulations in force in the requested Member State allow such action. The applicant authority may, in accordance with the laws, regulations and administrative practices in force in the applicant Member State, ask the requested authority to recover a contested claim or the contested part of a claim, in so far as the relevant laws, regulations and administrative practices in force in the requested Member State allow such action. … …’
4

Article 11 of that regulation, headed ‘General rules’, provides: ‘1. Persons to whom this regulation applies shall be subject to the legislation of a single Member State only. Such legislation shall be determined in accordance with this Title. … 3. Subject to Articles 12 to 16: (a) a person pursuing an activity as an employed or self-employed person in a Member State shall be subject to the legislation of that Member State; (b) a civil servant shall be subject to the legislation of the Member State to which the administration employing him/her is subject; (c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence shall be subject to the legislation of that Member State; (d) a person called up or recalled for service in the armed forces or for civilian service in a Member State shall be subject to the legislation of that Member State; (e) any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this Regulation guaranteeing him/her benefits under the legislation of one or more other Member States. 4. For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an undertaking or a person whose registered office or place of business is in another Member State shall be subject to the legislation of the latter Member State if he/she resides in that State. … …’
11

In the same version, Article 10 of the Wet DB 1965 sets out the rules on the refund of that tax as follows: ‘1. By a decision of the inspector, which may be challenged by means of a complaint, a legal person established in the Netherlands and not subject to corporation tax shall, upon request by that person, be granted a refund of dividend tax withheld in respect of that person in the course of a calendar year, where that tax amounts to more than EUR 23. … 3. Paragraph 1 shall apply by analogy in relation to a body established in another Member State of the European Union which is not subject, in that State, to a tax on profits and which, if it had been established in the Netherlands, would also not have been subject to a tax levy on those companies. The first sentence shall not apply as regards bodies that carry out a function comparable with that of investment undertakings covered by Article 6a or Article 28 of the [Wet Vpb 1969].’
8

Article 14 of the directive, entitled ‘Revocation of, ending of or refusal to renew refugee status’, provides: ‘1. Concerning applications for international protection filed after the entry into force of [Council] Directive 2004/83/EC [of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12)], Member States shall revoke, end or refuse to renew the refugee status of a third-country national or a stateless person granted by a governmental, administrative, judicial or quasi-judicial body if he or she has ceased to be a refugee in accordance with Article 11. 2. Without prejudice to the duty of the refugee in accordance with Article 4(1) to disclose all relevant facts and provide all relevant documentation at his or her disposal, the Member State which has granted refugee status shall, on an individual basis, demonstrate that the person concerned has ceased to be or has never been a refugee in accordance with paragraph 1 of this Article. 3. Member States shall revoke, end or refuse to renew the refugee status of a third-country national or a stateless person if, after he or she has been granted refugee status, it is established by the Member State concerned that: (a) he or she should have been or is excluded from being a refugee in accordance with Article 12; (b) his or her misrepresentation or omission of facts, including the use of false documents, was decisive for the granting of refugee status. 4. Member States may revoke, end or refuse to renew the status granted to a refugee by a governmental, administrative, judicial or quasi-judicial body, when: (a) there are reasonable grounds for regarding him or her as a danger to the security of the Member State in which he or she is present; (b) he or she, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that Member State. 5. In situations described in paragraph 4, Member States may decide not to grant status to a refugee, where such a decision has not yet been taken. 6. Persons to whom paragraphs 4 or 5 apply are entitled to rights set out in or similar to those set out in Articles 3, 4, 16, 22, 31, 32 and 33 of the Geneva Convention in so far as they are present in the Member State.’
3

Recitals 62 to 67 of Decision 2000/128 state, as regards the Italian rules on training and work experience contracts: ‘(62) Training and work experience contracts governed by [legge n. 863 — Conversione in legge, con modificazioni, del decreto-legge 30 ottobre 1984, n. 726, recante misure urgenti a sostegno e ad incremento dei livelli occupazionali (Law No 863 converting into law, with amendments, Decree-Law No 726 of 30 October 1984 on urgent measures for supporting and increasing levels of employment) of 19 December 1984 (GURI No 351 of 22 December 1984, p. 10691)] did not constitute aid within the meaning of Article 87(1) [of the EC Treaty], but a general measure. The aid was applicable to all firms in a uniform, automatic and non-discretionary manner and on the basis of objective criteria. (63) The amendments made in 1990 by [legge n. 407 — Disposizioni diverse per l’attuazione della manovra di finanza pubblica 1991-1993 (Law No 407 laying down various provisions for the implementation of public finance policy 1991-1993) of 29 December 1990 (GURI No 303 of 31 December 1990, p. 3)] modified the nature of the measures. The new provisions varied the reductions according to the location of the recipient firm and the sector to which it belonged. This meant that some firms received greater reductions than those granted to [their] competitors. (64) Selective reductions which favour certain firms in a particular Member State, whether the selectivity operates at individual, regional or sectoral level, constitute, for the differential part of the reduction, State aid within the meaning of Article 87(1) of the [EC] Treaty, i.e. aid which distorts competition and could affect trade between Member States. This differential benefits firms which operate in particular areas of Italy as the aid was not granted to firms in other areas. (65) The aid distorts competition in so far as it strengthens the financial position and opportunities of the recipient firms with respect to competitors who do not receive the aid. Whenever this effect extends to intra-Community trade, the latter is impaired by the aid. (66) In particular, such aid distorts competition and affects trade between Member States where the recipient firms export some of their products to other Member States; equally, even where such firms do not export their goods, national production is favoured because firms established in other Member States have less chance of exporting their products to the Italian market. (67) For the above reasons, the measures under examination are normally prohibited under Article 87(1) of the EC Treaty and Article 62(1) of the [Agreement on the European Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3) (‘the EEA Agreement’)] and may be deemed compatible with the common market only if they qualify for one of the derogations provided for by those instruments.’
12

Article 5 of Regulation No 987/2009 provides: ‘1. Documents issued by the institution of a Member State and showing the position of a person for the purposes of the application of the basic Regulation and of the implementing Regulation, and supporting evidence on the basis of which the documents have been issued, shall be accepted by the institutions of the other Member States for as long as they have not been withdrawn or declared to be invalid by the Member State in which they were issued. 2. Where there is doubt about the validity of a document or the accuracy of the facts on which the particulars contained therein are based, the institution of the Member State that receives the document shall ask the issuing institution for the necessary clarification and, where appropriate, the withdrawal of that document. The issuing institution shall reconsider the grounds for issuing the document and, if necessary, withdraw it. 3. Pursuant to paragraph 2, where there is doubt about the information provided by the persons concerned, the validity of a document or supporting evidence or the accuracy of the facts on which the particulars contained therein are based, the institution of the place of stay or residence shall, in so far as this is possible, at the request of the competent institution, proceed to the necessary verification of this information or document. 4. Where no agreement is reached between the institutions concerned, the matter may be brought before the Administrative Commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request. The Administrative Commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it.’
Case C‑551/18 PPU

IK

(Request for a preliminary ruling from the Hof van Cassatie (Belgique))

(Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention)

Summary — Judgment of the Court (First Chamber), 6 December 2018

Judicial cooperation in criminal matters — Council Framework Decision 2002/584 on the European arrest warrant and the surrender procedures between Member States — Substance and form of the European arrest warrant — Requirement to indicate the penalty imposed in the final judgment — Failure to mention an additional sentence in addition to the main sentence — Enforcement of the additional sentence, in the issuing Member State, on the expiry of the main sentence — Lawfulness — Conditions

Judicial cooperation in criminal matters — Council Framework Decision 2002/584 on the European arrest warrant and the surrender procedures between Member States — Substance and form of the European arrest warrant — Requirement to indicate the penalty imposed in the final judgment –Failure to mention an additional sentence in addition to the main sentence — Consequences — Circumstances justifying refusal to execute the arrest warrant

It cannot be ruled out from the outset that the imposition of an additional sentence which has not been indicated in a European arrest warrant may, in certain circumstances, amount to one of the grounds capable of justifying refusal to execute such a warrant. (see para. 44)

The requirement as to lawfulness set out in Article 8(1)(f) of Framework Decision 2002/584 is intended to inform the executing judicial authorities of the length of the custodial sentence for which surrender of the requested person is sought on the basis of indications providing the minimum official information required to enable those authorities to give effect to the European arrest warrant swiftly by adopting their decision on the surrender as a matter of urgency (see, to that effect, judgment of 23 January 2018, Piotrowski, C‑367/16, EU:C:2018:27, paragraphs 58 and 59). That requirement is intended to enable the executing judicial authority, as the Advocate General observed in point 66 of her Opinion, to satisfy itself that the European arrest warrant falls within the scope of that framework decision and, in particular, to ascertain whether it has been issued for the execution of a custodial sentence or detention order the length of which exceeds the threshold of four months set out in Article 2(1) of the framework decision. (see paras 50, 51)
1.

EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment — Shape at issue being a (variant) of the typical shapes of the type of goods concerned — Fact not sufficient to establish distinctiveness of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 24, 25)
Appeal —Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Need to establish a manifest error of assessment

(Art. 256(1), second para., (d), TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 24, 25, 38)
1.

Declares that the United Kingdom of Great Britain and Northern Ireland, by systematically and persistently exceeding, in 16 zones of the United Kingdom, the annual limit value for Nitrogen Dioxide (NO2), namely in the areas UK0001 (Greater London urban area); UK0002 (West Midlands urban area); UK0003 (Greater Manchester urban area); UK0004 (West Yorkshire urban area); UK0013 (Teesside urban area); UK0014 (The Potteries); UK0018 (Kingston upon Hull); UK0019 (Southampton urban area); UK0024 (Glasgow urban area); UK0029 (Eastern); UK0031 (South East); UK0032 (East Midlands); UK0033 (North West & Merseyside); UK0034 (Yorkshire & Humberside); UK0035 (West Midlands) and UK0036 (North East), as well as the hourly limit value for NO2 in the area UK0001 (Greater London urban area) since the entry into force of those limit values on 1 January 2010, has failed to fulfil its obligations under the combined provisions of Article 13(1) and of Annex XI to Directive No 2008/50/EC of the European Parliament and of the Council of 21 May 2008, on ambient air quality and cleaner air for Europe, and by failing to adopt, as from 11 June 2010, appropriate measures to ensure compliance with the limit values for NO2 in all those zones, has failed to fulfil its obligations under the combined provisions of Article 23(1), read alone and in conjunction with Annex XV to Directive 2008/50, and in particular the obligation laid down in the second subparagraph of Article 23(1) of that directive, to ensure that the period of exceedance of limit values is kept as short as possible;
32

It should be borne in mind that, according to the Court’s settled case-law, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. With that in mind, the Court may have to reformulate the questions referred to it. The fact that a national court has, formally speaking, worded a question referred for a preliminary ruling with reference to certain provisions of EU law does not prevent the Court from providing the national court with all the points of interpretation which may be of assistance in adjudicating on the case pending before it, whether or not that court has referred to them in its questions. In that regard, it is for the Court to extract from all the information provided by the national court, in particular from the grounds of the decision referring the questions, the points of EU law which require interpretation, having regard to the subject matter of the dispute (see judgment of 27 June 2017, Congregación de Escuelas Pías Provincia Betania, C‑74/16, EU:C:2017:496, paragraph 36 and the case-law cited).
12

Under the heading ‘Possible prosecution for other offences’, Article 27 of the framework decision reads as follows: ‘1. Each Member State may notify the General Secretariat of the Council that, in its relations with other Member States that have given the same notification, consent is presumed to have been given for the prosecution, sentencing or detention with a view to the carrying out of a custodial sentence or detention order for an offence committed prior to his or her surrender, other than that for which he or she was surrendered, unless in a particular case the executing judicial authority states otherwise in its decision on surrender. 2. Except in the cases referred to in paragraphs 1 and 3, a person surrendered may not be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered. 3. Paragraph 2 does not apply in the following cases: … 4. A request for consent shall be submitted to the executing judicial authority, accompanied by the information mentioned in Article 8(1) and a translation as referred to in Article 8(2). Consent shall be given when the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Framework Decision. Consent shall be refused on the grounds referred to in Article 3 and otherwise may be refused only on the grounds referred to in Article 4. The decision shall be taken no later than 30 days after receipt of the request. For the situations mentioned in Article 5 the issuing Member State must give the guarantees provided for therein.’
9

On 28 January 2004, the Riigikogu (Parliament) of the Republic of Estonia adopted the jäätmeseadus (Waste Law). Articles 2 and 21 of the Waste Law, in force from 18 July 2014 to 31 December 2015, were worded as follows: ‘Article 2 — Waste (1) Waste is any movable property or registered vessel which the holder discards or intends or is required to discard. (2) “To discard” is to render the movable property unusable, to abandon its use or to leave it unused, where the use of that property is not possible from a technical point of view or does not seem reasonable in the light of the economic or environmental circumstances. … (4) The Government shall establish the list of waste, including hazardous waste, which fulfil the conditions laid down in paragraph 1 of this article … through regulatory means. Article 21 — End-of-waste status (1) Waste shall cease to be waste when it has undergone a recovery or recycling operation and complies with criteria developed on the basis of Article 6(2) of Directive 2008/98 … in accordance with the following conditions: (1) the substance or object is commonly used for specific purposes; (2) a market or demand exists for such a substance or object; (3) the substance or object fulfils the technical requirements, legislation and standards applicable to products for the specific purposes; (4) the use of the substance or object will not lead to overall adverse environmental or human health impacts. (2) Where criteria within the meaning of paragraph 1 of this Article have not been set in accordance with Article 6(2) of Directive 2008/98/EC, the Minister responsible for this sector may, having regard to the conditions listed in points 1 to 4 of paragraph 1 of this Article, issue a regulation setting end-of-waste criteria for certain types of waste. (3) The criteria must include any limit values required for hazardous substances, if necessary, and must take account of the potential negative impacts that this substance or object may have on the environment or on human health. (4) The recovery operation following which the waste acquires end-of-waste status must be specified in the waste permit or integrated environmental permit granted under the tööstusheite seadus (Industrial Emissions Law) to the undertaking that performed the recovery operation.’