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

Order of the Court (Fifth Chamber) of 4 December 2019 — Republic of Poland v PGNiG Supply & Trading GmbH, European Commission

(Case C-181/18 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court - Action for annulment - Fourth paragraph of Article 263 TFEU Article 263 - Admissibility - Decision which is of neither direct nor individual concern to the appellant - Regulatory act - Absence - Article 130 of the Rules of Procedure of the General Court - Assessment of the pleas on the substance - Article 47 of the Charter of Fundamental Rights of the European Union - Right to effective judicial protection and to a fair trial - Principle of audi alteram partem - Appeal manifestly inadmissible)

(2020/C 68/15)

Language of the case: Polish

Parties

Appellant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Other parties to the proceedings: PGNiG Supply & Trading GmbH (represented by: M. Jeżewski, adwokat), European Commission (represented by: O. Beynet and K. Herrmann, acting as Agents)

Intervener: Federal Republic of Germany (represented by: initially by T. Henze and R. Kanitz, then by R. Kanitz, acting as Agents)

Operative part of the order

1. The appeal is dismissed as being manifestly inadmissible;

2. The Republic of Poland is to bear its own costs and those incurred by the European Commission.

(1) OJ C 152, 30.4.2018.
Order of the Court (Ninth Chamber) of 20 November 2019 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Indaco Service Soc. coop. sociale, acting in its own name and as agent of Coop. sociale il Melograno v Ufficio Territoriale del Governo Taranto

(Case C-522/18) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Public procurement - Directive 2014/24/EU - Article 57(4)(c) and (g) - Award of public service contracts - Optional grounds for exclusion - Grave professional misconduct - Calling into question the economic operator’s integrity - Prior contract - Performance - Breaches - Termination - Judicial remedy - Contracting authority’s assessment of the contractual breach - Preclusion until the end of the judicial proceedings)

(2020/C 45/06)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Indaco Service Soc. coop. sociale, acting in its own name and as agent of Coop. sociale il Melograno

Defendant: Ufficio Territoriale del Governo Taranto

Intervener: Cometa Società Cooperativa Sociale

Operative part of the order

Article 57(4)(c) and (g) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as precluding rules of national law pursuant to which an action before the courts against a decision to terminate a public contract, taken by a contracting authority on account of ‘grave professional misconduct’ arising during performance of the contract, prevents the contracting authority which issues a new call for tenders from excluding an operator, at the stage of selecting tenderers, on the basis of an assessment of that operator’s reliability.

(1) OJ C 436, 3.12.2018.
Official Journal of the European Union

Order of the Court (Third Chamber) of 29 January 2020 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — DŚ v Zakład Ubezpieczeń Społecznych Oddział w Jaśle

(Case C-522/18) (1)

(Reference for a preliminary ruling - No need to adjudicate)

(2020/C 313/03)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Applicant: DŚ

Defendant: Zakład Ubezpieczeń Społecznych Oddział w Jaśle

Intervener: Prokuratura Krajowa

Operative part of the order

There is no longer any need to adjudicate on the request for a preliminary ruling from the Sąd Najwyższy (Supreme Court, Poland), made by decision of 2 August 2018 in Case C-522/18.

(1) OJ C 427, 26.11.2018.
Order of the Court (Sixth Chamber) of 21 January 2020 (request for a preliminary ruling from the Tribunal Tributário de Lisboa — Portugal) — State of Canada v Autoridade Tributária e Aduaneira

(Case C-613/18) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Restrictions on the free movement of capital to or from a third country - Direct taxation - Tax on the revenue of legal persons - Profits distributed by companies resident in the territory of Portugal - Reduction in the tax base)

(2020/C 77/11)

Language of the case: Portuguese

Referring court

Tribunal Tributário de Lisboa

Parties to the main proceedings

Applicant: State of Canada

Defendant: Autoridade Tributária e Aduaneira

Operative part of the order

Articles 63 and 65 TFEU must be interpreted as precluding the legislation of a Member State, such as that at issue in the main proceedings, under which the dividends distributed by a resident company are subject to a tax the effective rate of which is higher where those dividends are received by an entity resident in a third country which does not principally carry out activities of a commercial, industrial or agricultural nature than where such dividends are received by such an entity resident in that State. The situation is different only if the application of the tax convention signed on 14 June 1999 for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income allows the effects of the difference in treatment under the legislation of that Member State to be completely neutralised, which it is for the referring court to ascertain.

(1) OJ C 445, 10.12.2018.
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 Reus — Spain) — Jaime Cardus Suarez v Catalunya Caixa SA (Catalunya Banc S.A.)

(Case C-352/18) (1)

(2021/C 44/43)

Language of the case: Spanish

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

(1) OJ C 285, 13.8.2018.
Order of the President of the Court of 14 February 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — La Gazza Scrl and Others v Agenzia per le Erogazioni in Agricoltura (AGEA), Regione Veneto

(Case C-217/18) (1)

(2020/C 320/20)

Language of the case: Italian

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

(1) OJ C 240, 9.7.2018.
Official Journal of the European Union

Order of the President of the Court of 22 July 2019 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — GE v Société Air France

(Case C-370/19) (1)

(2020/C 19/48)

Language of the case: Germany

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

(1) OJ C 280, 19.8.2019.
Official Journal of the European Union

Order of the President of the Court of 5 June 2019 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — GB v Decker KFZ-Handels u. -Reparatur GmbH, Volkswagen AG

(Case C-244/19) (1)

(2019/C 288/52)

Language of the case: German

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

(1) OJ C 182, 27.5.2019.
Order of the Court (Third Chamber) of 21 January 2020 (request for a preliminary ruling from the Cour d'appel d'Aix-en-Provence — France) — execution of a European arrest warrant in respect of MN

(Case C-813/19 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Article 99 of the Rules of Procedure of the Court - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 6(1) - Concept of ‘issuing judicial authority’ - Effective judicial protection)

(2020/C 77/13)

Language of the case: French

Referring court

Cour d'appel d'Aix-en-Provence

Parties to the main proceedings

MN

In the presence of: RJA, RJO, FD, BG, PG, KL, LK, MJ, NI, OH

Operative part of the order

Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as meaning that the concept of ‘issuing judicial authority’, for the purposes of that provision, covers French prosecutors, managed and supervised by their hierarchical superiors and under the authority of the Minister of Justice in accordance with the statutory rules and institutional framework to which they are subject, since their statute grants them a guarantee of independence, in particular vis-à-vis the executive, in the context of the issue of a European arrest warrant.

Framework Decision 2002/584 must be interpreted as meaning that the requirements inherent in effective judicial protection to be provided to a person against whom a European arrest warrant is issued with a view to criminal prosecution are satisfied where, in accordance with the legislation of the issuing Member State, the conditions for the issue of that warrant and, in particular, the proportionality thereof are subject to judicial review in that ember State.

(1) OJ C 19, 20.1.2020.
Official Journal of the European Union

Order of the Court (Sixth Chamber) of 12 December 2019 — Vans, Inc. v European Union Intellectual Property Office (EUIPO), Deichmann SE

(Joined Cases C-123/19 P and C-125/19 P) (1)

(Appeal - EU trade mark - Opposition proceedings - Withdrawal of the opposition - Appeals which have become devoid of purpose - No need to adjudicate - Costs)

(2020/C 68/25)

Language of the case: German

Parties

Appellant: Vans, Inc. (represented by: M. Hirsch and M. Metzner, Rechtsanwälte)

Other parties to the proceedings: European Union Intellectual Property Office (represented by: A. Söder, acting as Agent) and Deichmann SE (represented by: C. Onken, Rechtsanwältin)

Operative part of the order

1. There is no need to adjudicate on the present appeals.

2. Vans Inc., Deichmann SE and the European Union Intellectual Property Office (EUIPO) shall each bear their own costs.

(1) OJ C 220, 1.7.2019.
Order of the Court (Seventh Chamber) of 11 March 2020 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sardegna — Italy) — Telecom Italia SpA v Regione Sardegna

(Case C-338/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - State aid - Article 108 TFEU - Regulation (EC) No 659/1999 - Recovery of aid by the Member State on its own initiative - Regulation (EC) No 794/2004 - Applicable interest rate)

(2020/C 287/24)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Sardegna

Parties to the main proceedings

Applicant: Telecom Italia SpA

Defendant: Regione Sardegna

Operative part of the order

The interest rate provided for in Article 9(1) and (2) of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article [108 TFEU], as amended by Commission Regulation (EC) No 271/2008 of 30 January 2008, is not applicable where a national authority recovers State aid on its own initiative.

(1) OJ C 312, 16.9.2019.
Official Journal of the European Union

Order of the President of the Court of 22 November 2019 (request for a preliminary ruling from the Kúria — Hungary) — Emberi Erőforrások Minisztériuma v Szent Borbála Kórház

(Case C-491/19) (1)

(2020/C 137/66)

Language of the case: Hungarian

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

(1) OJ C 348, 14.10.2019.
Order of the Court (Ninth Chamber) of 6 February 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda ULSS No 6 Euganea v Pia Opera Croce Verde Padova

(Case C-11/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public procurement - Directive 2014/24/EU - Article 10(h) - Article 12(4) - Specific exclusions for service contracts - Civil defence, civil protection, and danger prevention services - Non-profit organisations or associations - Ordinary and emergency medical transport services - Regional legislation requiring priority to be given to recourse to a partnership between contracting authorities - Freedom of the Member States to choose how services are provided - Limits - Obligation to state reasons)

(2020/C 313/05)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Azienda ULSS No 6 Euganea

Respondent: Pia Opera Croce Verde Padova

Interveners: Azienda Ospedaliera di Padova, Regione Veneto, Croce Verde Servizi

Operative part of the order

1. Article 10(h) and Article 12(4) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as not precluding a regional law that makes the award of a public contract conditional on a partnership between public bodies being unable to provide the ordinary medical transport service, provided that the choice made in favour of one means of providing services in particular, made at a stage prior to that of public procurement, has due regard to the principles of equal treatment, non-discrimination, mutual recognition, proportionality and transparency.

2. Article 10(h) and Article 12(4) of Directive 2014/24 do not preclude a regional law that requires a contracting authority to provide reasons for its decision to award the contract for the provision of ordinary patient transport services by way of a tendering procedure rather than by direct award of the contract by means of an agreement entered into with another contracting authority.

(1) OJ C 164, 13.5.2019.
Order of the Court (Tenth Chamber) of 29 April 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Autorità per le Garanzie nelle Comunicazioni v BT Italia SpA and Others

(Case C-399/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Electronic communications networks and services - Directive 2002/20/EC - Article 12 - Administrative charges imposed on undertakings providing an electronic communications service or network - Administrative costs of the national regulatory authority which may be covered by a charge - Yearly overview of the administrative costs and the total of charges levied)

(2020/C 287/26)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Autorità per le Garanzie nelle Comunicazioni

Defendants: BT Italia SpA, Basictel SpA, BT Enia Telecomunicazioni SpA, Telecom Italia SpA, Postepay SpA, formerly PosteMobile SpA, Vodafone Italia SpA

Intervening parties: Telecom Italia SpA, Fastweb SpA, Wind Tre SpA, Sky Italia SpA, Vodafone Omnitel BV, Vodafone Italia SpA

Operative part of the order

1. Article 12(1)(a) of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009, must be interpreted as meaning that the costs which may be covered by a charge imposed under that provision on undertakings providing electronic communications networks and services are only those relating to the three categories of national regulatory authority activities referred to in that provision, including regulatory, supervisory, dispute-resolution and penalty-imposing tasks, and are not limited to costs arising from the activity of ex ante market regulation.

2. Article 12(2) of Directive 2002/20, as amended by Directive 2009/140, must be interpreted as not precluding the legislation of a Member State under which, first, the yearly overview provided for in that provision is published after the end of the financial year in which the administrative charges were levied and, second, the appropriate adjustments are made in a financial year which does not immediately follow the financial year in which those charges were levied.

(1) OJ C 312, 16.9.2019.
Official Journal of the European Union

Order of the President of the Fourth Chamber of the Court of 14 February 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — R.C.C. v M.O.L.

(Case C-314/19) (1)

(2020/C 320/34)

Language of the case: Spanish

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

(1) OJ C 280, 19.8.2019.
Official Journal of the European Union

Order of the President of the Court of 23 April 2020 (request for a preliminary ruling from the Landgericht Saarbrücken — Germany) — Koch Media GmbH v HC

(Case C-785/19) (1)

(2020/C 320/44)

Language of the case: German

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

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

Order of the President of the Court of 15 July 2020 (request for a preliminary ruling from the Landgericht Gera — Germany) — DS (C-808/19), ER (C-809/19) v Volkswagen AG

(Joined Cases C-808/19 and C-809/19) (1)

(2020/C 329/22)

Language of the case: German

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

(1) OJ C 45, 10.2.2020.
Official Journal of the European Union

Order of the President of the Court of 6 July 2020 (request for a preliminary ruling from the Landgericht Saarbrücken — Germany) — SM v Sparkasse Saarbrücken

(Case C-209/19) (1)

(2020/C 329/13)

Language of the case: German

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

(1) OJ C 206, 17.6.2019.
Official Journal of the European Union

Order of the Court (Sixth Chamber) of 2 October 2019 — Comprojecto-Projectos e Construções Lda, Paulo Eduardo Matos Gomes de Azevedo, Julião Maria Gomes de Azevedo, Isabel Maria Matos Gomes de Azevedo v European Central Bank

(Case C-251/19 P) (1)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Article 169 of the Rules of Procedure - Absence of form of order sought - Lack of clarity of the application - Manifest inadmissibility)

(2020/C 443/03)

Language of the case: Portuguese

Parties

Appellants: Comprojecto-Projectos e Construções Lda, Paulo Eduardo Matos Gomes de Azevedo, Julião Maria Gomes de Azevedo, Isabel Maria Matos Gomes de Azevedo (represented by: M. Ribeiro, advogado)

Other party to the proceedings: European Central Bank (represented by: C. Hernández Saseta and P. Ferreira Jorge, acting as Agents)

Operative part of the order

1. The appeal is dismissed as manifestly inadmissible.

2. Comprojecto-Projectos e Construções Lda, Paulo Eduardo Matos Gomes de Azevedo, Julião Maria Gomes de Azevedo and Isabel Maria Matos Gomes de Azevedo are ordered to bear their own costs and pay those incurred by the European Central Bank (ECB).

(1) OJ C 182, 27.5.2019.
Order of the Court (Tenth Chamber) of 3 September 2020 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — Crewprint Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-611/19) (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 - Principles of fiscal neutrality, of effectiveness and of proportionality - Right to VAT deduction - Refusal - Fraud - Proof - Chain of subcontractors)

(2020/C 414/22)

Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: Crewprint 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 input value added tax on the ground that the conduct of that taxable person and of the issuer of the invoices amounts to fraud because, first, their contracts were not necessary for the performance of the economic transactions in question and could be legally classified other than how the parties did so, secondly, that issuer has had recourse, without it being necessary or economically rational, to a chain of subcontractors, some of which did not have the necessary personnel and material resources and, thirdly, that taxable person had personal or organisational links with that issuer as well as with one of those subcontractors. In order to provide a basis for such a refusal, it must be established, other than by assumptions based on pre-established criteria, that that same 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, which is for the referring court to ascertain.

(1) OJ C 95, 23.3.2020
Order of the President of the Sixth Chamber of the Court of Justice of 30 November 2020 (request for a preliminary ruling from the Tribunal d’instance de Rennes — France) — Caisse de Crédit Mutuel Le Mans Pontlieue v OG

(Case C-865/19) (1)

(2021/C 138/34)

Language of the case: French

The President of the Sixth Chamber 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 e Instrucción No 6 de Ceuta — Spain) — BX v Banco Bilbao Vizcaya Argentaria SA

(Case C-455/19) (1)

(2021/C 44/49)

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 Court of 15 September 2021 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Stichting Brein v News-Service Europe BV

(Case C-442/19) (1)

(2021/C 481/28)

Language of the case: Dutch

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

(1) OJ C 357, 21.10.2019.
Order of the President of the Second Chamber of the Court of 4 March 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Proceedings brought by All in One Star Ltd

(Case C-469/19) (1)

(2021/C 228/36)

Language of the case: German

The President of the Second Chamber 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 Court of 10 July 2020 (request for a preliminary ruling from the Landgericht Stuttgart — Germany) — O. v P. AG

(Case C-138/20) (1)

(2020/C 329/29)

Language of the case: German

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

(1) OJ C 262, 10.8.2020.
Order of the Court (Tenth Chamber) of 10 December 2020 (request for a preliminary ruling from the Ufficio del Giudice di Pace di Lanciano — Italy) — XX v OO

(Case C-220/20) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - State of national health emergency - Continuity of judicial activity - Postponement of hearings - Lack of sufficient details concerning the factual and regulatory context of the main proceedings and the reasons justifying the need for an answer to the reference for a preliminary ruling - Manifest inadmissibility)

(2021/C 79/21)

Language of the case: Italian

Referring court

Ufficio del Giudice di Pace di Lanciano — Italy

Parties to the main proceedings

Applicant: XX

Defendant: OO

Interveners: WW, XC, VS

Operative part of the order

The request for a preliminary ruling brought by the Giudice di pace di Lanciano (Justice of the Peace of Lanciano, Italy) by decision of 18 May 2020 is manifestly inadmissible.

(1) OJ C 279, 24.8.2020.