ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Order of the President of the Court of 16 October 2020 (request for a preliminary ruling from the Conseil d’État — Belgium) — E. M. T.v Commissaire général aux réfugiés et aux apatrides

(Case C-20/20) (1)

(2021/C 44/59)

Language of the case: French

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

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

Order of the President of the Court of 26 March 2021 (request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam — Netherlands) — VG v Minister van Buitenlandse Zaken

(Case C-121/20) (1)

(2021/C 289/43)

Language of the case: Dutch

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

(1) OJ C 209, 22.6.2020.
2.

The principle of legal certainty must be interpreted as meaning that it does not allow a national court which has found that a contractual term is unfair within the meaning of Article 3 of Directive 93/13 to review the content of that term, with the result that that court is required to disapply it. However, Articles 6 and 7 of that directive do not preclude the national court from substituting a supplementary provision of national law for such a term, provided that the loan agreement in question cannot survive if the unfair term is removed and that the annulment of the agreement as a whole would expose the consumer to particularly unfavourable consequences, which is a matter for the national court to determine.
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) — DS v Deutsche Lufthansa AG

(Case C-565/20) (1)

(2021/C 368/20)

Language of the case: German

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

(1) OJ C 19, 18.1.2021.
Order of the President of the Court of 31 May 2021 (request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Córdoba — Spain) — ZU, TV v Ryanair Ltd

(Case C-618/20) (1)

(2021/C 357/23)

Language of the case: Spanish

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

(1) OJ C 72, 1.3.2021.
Official Journal of the European Union

Order of the President of the Court of 10 August 2021 (request for a preliminary ruling from the Landgericht Köln — Germany) — BQ (C-380/20), VR (C-381/20), AL (C-382/20), LK (C-383/20), DP (C-384/20) v Deutsche Lufthansa AG

(Joined Cases C-380/20 to C-384/20) (1)

(2021/C 471/43)

Language of the case: German

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 17 June 2021 (request for a preliminary ruling from the Landgericht Köln — German) — GJ v Ryanair DAC

(Case C-712/20) (1)

(2021/C 368/26)

Language of the case: German

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

(1) OJ C 128, 12. 4.2021.
Order of the Court (Eighth Chamber) of 10 January 2022 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — EL, CP v Ryanair DAC

(Case C-287/20) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Article 5(3) - Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights - Exemption from the obligation to pay compensation - Concept of ‘extraordinary circumstances’ - Strike by cabin crew and pilots - Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity - Charter of Fundamental Rights of the European Union - Articles 12 and 28 - Articles 12 and 28 of the Charter of Fundamental Rights of the European Union - No infringement of the workers’ freedom of assembly and association and the air carrier’s right of negotiation)

(2022/C 207/09)

Language of the case: German

Referring court

Amtsgericht Hamburg

Parties to the main proceedings

Applicants: EL, CP

Defendant: Ryanair DAC

Operative part of the order

Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that strike action which is entered into upon a call by a trade union of the cabin crew and pilots of an operating air carrier and which is intended to assert the demands of those workers does not come within the concept of ‘extraordinary circumstances’ within the meaning of that provision, any prior negotiations with the workers’ representatives being irrelevant in that regard.

(1) OJ C 279, 24.8.2020.
Order of the Court (Ninth Chamber) of 22 October 2021 (request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto Este — Penafiel — Juízo Trabalho — Portugal) — B v O, P, OP, G, N

(Case C-691/20) (1)

(Reference for a preliminary ruling - EU law - Principles - Article 18 TFEU - Equal treatment - Discrimination on grounds of nationality - Prohibition - Article 49 TFEU - Freedom of establishment - Joint and several liability of companies which form part of a group for debts resulting from an employment contract entered into by one of those companies - Exclusion by the legislation of the Member State concerned of companies that have their seat in another Member State)

(2022/C 64/04)

Language of the case: Portuguese

Referring court

Tribunal Judicial da Comarca do Porto Este — Penafiel — Juízo Trabalho

Parties to the main proceedings

Applicant: B

Defendants: O, P, OP, G, N

Operative part of the order

The principle of non-discrimination, implemented by Article 49 TFEU, must be interpreted as not precluding national legislation under which a company, established in a Member State other than that in which the company which it controls is established, cannot be held jointly and severally liable for that latter company’s debts resulting from an employment contract.

(1) OJ C 110, 29.3.2021.
Official Journal of the European Union

Order of the President of the Court of 22 August 2022 (requests for a preliminary ruling from the Verwaltungsgericht Wiesbaden — Germany) — JV (C-215/20), OC (C-222/20) v Bundesrepublik Deutschland

(Joined Cases C-215/20 and C-222/20) (1)

(2023/C 15/36)

Language of the case: German

The President of the Court has ordered that the cases 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 8 April 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — CZ v Tribunal Económico-Administrativo Regional de Cataluña (TEAR de Cataluña)

(Case C-366/20) (1)

(2022/C 359/65)

Language of the case: Spanish

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

(1) OJ C 359, 26.10.2020.
Official Journal of the European Union

Order of the President of the Court of 14 June 2021 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Wacker Chemie AG v Bundesrepublik Deutschland represented by the Umweltbundesamt

(Case C-76/21) (1)

(2021/C 357/25)

Language of the case: German

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

(1) OJ C 182, 10.5.2021.
Order of the Court (Sixth Chamber) of 21 September 2021 (request for a preliminary ruling from the Amtsgericht Lennestadt — Germany) — Nemzeti Útdíjfizetési Szolgáltató Zrt. v NW

(Case C-30/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Article 1(1) - Substantive scope - Concept of ‘civil and commercial matters’ - Proceedings seeking to recover a charge relating to the use of a toll road)

(2021/C 513/22)

Language of the case: German

Referring court

Amtsgericht Lennestadt

Parties to the main proceedings

Applicant: Nemzeti Útdíjfizetési Szolgáltató Zrt.

Defendant: NW

Operative part of the order

Article 1(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that the concept of ‘civil and commercial matters’, within the meaning of that provision, covers an action to recover, through legal proceedings, a charge relating to the use of a toll road, brought by a company authorised in accordance with the law, which classifies the relationship arising from that usage as being governed by private law.

(1) OJ C 148, 26.4.2021.
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) — Deutsche Lufthansa AG v FL

(Case C-12/21) (1)

(2021/C 368/29)

Language of the case: German

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

(1) OJ C 88, 15.03.2021.
Order of the Court (Seventh Chamber) of 10 February 2022 (request for a preliminary ruling from the Cour administrative d’appel de Lyon — France) — Ministre de l’Economie, des Finances et de la Relance v Les Anges d’Eux SARL, Echo 5 SARL, Cletimmo SAS

(Case C-191/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 392 - Margin taxation scheme - Scope - Supply of buildings and building land purchased for the purpose of resale - Taxable person for whom the VAT on the purchase of buildings was not deductible - Resale subject to VAT - Concept of ‘building land’)

(2022/C 138/04)

Language of the case: French

Referring court

Cour administrative d’appel de Lyon

Parties to the main proceedings

Appellant: Ministre de l’Economie, des Finances et de la Relance

Respondents: Les Anges d’Eux SARL, Echo 5 SARL, Cletimmo SAS

Operative part of the order

Article 392 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax is to be interpreted as precluding the application of the margin taxation scheme to transactions involving the supply of building land where that purchased land which has been built on has become, between the time of its purchase and the time at which it is resold by the taxable person, building land; however, it is to be interpreted as not precluding the application of that scheme to transactions involving the supply of building land where that land has been subject, between the time of its purchase and the time at which it is resold by the taxable person, to alterations such as its partitioning into lots.

(1) Date of filing: 25.3.2021.
Official Journal of the European Union

Order of the President of the Court of 9 November 2021 — (request for a preliminary ruling from the Tribunale di Rieti — Italy) — Criminal proceedings against G.B., R.H., interested party: Procura della Repubblica di Rieti

(Case C-334/21) (1)

(2022/C 84/45)

Language of the case: Italian

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

(1) OJ C 310, 2.8.2021.
Order of the Court (Sixth Chamber) of 26 April 2022 (request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona — Spain) — QL v Universitat de Barcelona

(Case C-464/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Successive fixed-term contracts in the public sector - Clause 2 and Clause 3(1) - Scope - Concept of ‘fixed-term worker’)

(2022/C 237/27)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 3 de Barcelona

Parties to the main proceedings

Applicant: QL

Defendant: Universitat de Barcelona

Operative part of the order

Clause 2 and Clause 3(1) of the framework agreement on fixed-term work concluded on 18 March 1999, which is 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 meaning that a worker bound to his or her public sector employer by successive fixed-term contracts and whose employment relationship may be reclassified, as a penalty, as a ‘non-permanent contract of indefinite duration’, falls within the scope of that framework agreement.

(1) Date lodged: 29.7.2021.
Official Journal of the European Union

Order of the President of the Court of 25 January 2022 (request for a preliminary ruling from the Verwaltungsgericht Wiesbaden — Germany) — FT v Land Hessen, intervening party: SCHUFA Holding AG

(Case C-552/21) (1)

(2022/C 222/40)

Language of the case: German

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

(1) OJ C 2, 3.1.2022.
Official Journal of the European Union

Order of the President of the Court of 29 April 2022 (request for a preliminary ruling from the Raad van State — Netherlands) — K.R., Other party: Staatssecretaris van Justitie en Veiligheid

(Case C-637/21) (1)

(2022/C 368/32)

Language of the case: Dutch

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

(1) OJ C 24, 17.1.2022.
Official Journal of the European Union

Order of the Court (Eighth Chamber) of 19 May 2022 (request for a preliminary ruling from a notario del Ilustre Colegio Notarial de Andalucía — Spain) — Frontera Capital SARL

(Case C-722/21) (1)

(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court - Article 267 TFEU - Notary - Meaning of a ‘court or tribunal’ - Criteria - No dispute before the referring body - Manifest inadmissibility)

(2022/C 340/14)

Language of the case: Spanish

Referring court

Notario del Ilustre Colegio Notarial de Andalucía

Parties to the main proceedings

Applicant: Frontera Capital SARL

Operative part of the order

The request for a preliminary ruling made by a notario del Ilustre Colegio Notarial de Andalucía (notary belonging to the Association of Notaries of Andalusia, Spain) by decision of 25 November 2021 is manifestly inadmissible.

(1) Date lodged: 25 November 2021
Order of the President of the Second Chamber of the Court of 16 September 2022 (request for a preliminary ruling from the Cour de cassation — France) — PB v Geos SAS, Geos International Consulting Limited

(Case C-639/21) (1)

(2023/C 24/44)

Language of the case: French

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

(1) OJ C 2, 3.1.2022.
Order of the Court (Seventh Chamber) of 3 June 2022 (request for a preliminary ruling from the Kúria — Hungary) — Megatherm-Csillaghegy Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-188/21) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Right to deduct VAT - Rules governing exercise of that right - Revocation and subsequent reinstatement of a taxable person’s tax identification number - Forfeiture of the right to deduct the VAT relating to transactions carried out during the period preceding that revocation - Principle of proportionality)

(2022/C 368/05)

Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings

Applicant: Megatherm-Csillaghegy Kft.

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Operative part of the order

Articles 63, 167 and 168, 178 to 180, 182 and 273 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2010/45/EU of 13 July 2010, and the principles of value added tax (VAT) neutrality and proportionality must be interpreted as precluding a national measure under which a taxable person subject to VAT whose tax identification number was revoked on the ground that it had failed to submit and publish its annual accounts then reinstated, following the rectification of that omission, is deprived of its right to deduct input VAT paid during the period preceding that revocation, even though the substantive requirements giving rise to the right to such a deduction are satisfied and that taxable person has not acted fraudulently or abusively in order to be able to benefit from that right.

(1) OJ C 228, 14.6.2021.
Official Journal of the European Union

Order of the President of the Court of 23 February 2022 (request for a preliminary ruling from the Verwaltungsgericht Wiesbaden — Germany) — TV v Land Hessen

(Case C-63/22) (1)

(Protection of personal data - Information agency (credit bureau) - Creditworthiness assessment (‘credit scoring’) of natural persons based on unverified information provided by creditors - Lawfulness of data processing and joint responsibility for that processing)

(2022/C 165/28)

Language of the case: German

Referring court

Verwaltungsgericht Wiesbaden

Parties to the main proceedings

Applicant: TV

Defendant: Land Hessen

Other party: SCHU Holding AG

Operative part of the order

Case C-63/22 is removed from the Register of the Court

(1) Date lodged: 01/02/2022.
Order of the Court (Ninth Chamber) of 8 September 2022 (request for a preliminary ruling from the tribunal de première instance de Liège — Belgium) — PL v État belge

(Case C-56/22) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling - Lack of sufficient information - Manifest inadmissibility)

(2023/C 15/21)

Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings

Applicant: PL

Defendant: État belge

Operative part of the order

The request for a preliminary ruling from the tribunal de première instance de Liège (Court of First Instance, Liège, Belgium), made by decision of 14 January 2022, is manifestly inadmissible.

(1) OJ C 148, 4.4.2022.
Order of the President of the Sixth Chamber of the Court of 2 May 2022 (request for a preliminary ruling from the Curtea de Apel Piteşti — Romania) — EF, GH, IJ v KL

(Case C-13/22) (1)

(2022/C 368/37)

Language of the case: Romanian

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

(1) OJ C 191, 10.5.2022.
EN Official Journal of the European Union C 369/2

Request for an opinion submitted by the Kingdom of Belgium pursuant to Article 218(11) TFEU

(Opinion 1/17)

(2017/C 369/02)

Language of the case: all the official languages

Applicant

Kingdom of Belgium (represented by: C. Pochet, L. Van den Broeck and M. Jacobs, agents, Agents)

Question submitted to the Court

Is Chapter Eight (‘Investments’), Section F (‘Resolution of investment disputes between investors and states’) of the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part, signed in Brussels on 30 October 2016, compatible with the Treaties, including with fundamental rights?
EN Official Journal of the European Union C 112/3

Opinion of the Court (Grand Chamber) of 14 February 2017 — European Commission

(Opinion 3/15) (1)

((Opinion pursuant to Article 218(11) TFEU - Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled - Article 3 TFEU - Exclusive external competence of the European Union - Article 207 TFEU - Common commercial policy - Commercial aspects of intellectual property - International agreement that may affect common rules or alter their scope - Directive 2001/29/EC - Article 5(3)(b) and (4) - Exceptions and limitations for the benefit of people with a disability.))

(2017/C 112/04)

Language of the case: all the official languages

Requested by

European Commission (represented by: B. Hartmann, F. Castillo de la Torre and J. Samnadda, agents)

Operative part

The conclusion of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled falls within the exclusive competence of the European Union.

(1) OJ C 311, 21.9.2015.
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Officials - Place of origin - Centre of interests - Determination - Criteria

( Staff Regulations of Officials, Annex VII, Art . 7(3 ) )

Summary

In order to define the centre of an official' s interests, which forms the basis on which his or her place of origin within the meaning of Article 7(3 ) of Annex VII to the Staff Regulations must be determined, it is necessary to establish that the person concerned retains a permanent link with a certain place having regard inter alia to his or her main family ties, heritable interests or essential civic interests, both active and passive . The determination of that link requires an assessment in every individual case by the institution concerned .

It is illogical to exclude or to reduce the significance of the place in which the spouse of the official has his or her own centre of interests . Furthermore, ties other than rights in rem in immovable property may also serve as criteria .
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1 . Officials - Remuneration - Family allowances - Dependent child allowance - Grant - Circumscribed power of the administration - Person treated as a dependent child - Discretionary power of the administration - Article 2(4 ) of Annex VII of the Staff Regulations - Scope

( Staff Regulations of Officials, Art . 67; Annex VII, Art . 2 )

2 . Officials - Staff Regulations - General implementing rules - Power of the institutions - Limits

( Staff Regulations of Officials, Arts 67 and 110; Annex VII, Art . 2(4 ) )

Summary

1 . The Staff Regulations confer upon the appointing authority a circumscribed power to grant the allowance provided for in Article 2 of Annex VII of the Staff Regulations in respect of a dependent child within the meaning of that provision where one of the conditions set out in Article 2(3 ) and ( 5 ) is fulfilled . Article 2(4 ), on the other hand, confers upon the administration a discretionary power to decide, in exceptional cases, to treat as a dependent child any person whom the official has a legal responsibility to maintain and whose maintenance involves heavy expenditure .

It is apparent from that difference in the nature of the administration' s powers and from the general terms of Article 2(4 ) of Annex VII that the Community legislature did not intend to exclude from the scope of that provision, merely because he is the legitimate, natural or adopted child of an official or of his spouse, a child who does not satisfy the conditions for the grant of dependent child allowance under Article 2(3 ) and ( 5 ).

Any other interpretation would not be in conformity with the principle of equal treatment, which prohibits discrimination based solely on the status of a person, and would be even less justified since the family bond linking an official to his child is stronger than that linking him to other persons who may be treated as dependent children .

2 . The general implementing rules adopted under the first paragraph of Article 110 of the Staff Regulations may lay down criteria capable of guiding the administration in the exercise of its discretionary power or explain more fully the scope of provisions of the Staff Regulations which are not wholly clear . However, they cannot, by way of explaining more fully a clear term of the Staff Regulations, reduce the scope of those regulations .

The Council Decision of 15 March 1976 adopting general provisions for applying Article 2(4 ) of Annex VII of the Staff Regulations is illegal in so far as it excludes from the scope of that provision any person who is between the minimum and maximum age-limits which it imposes and thus deprives the administration of the opportunity to exercise its discretion in each individual case .