do-me/EUR-LEX huggingface dataset:
Case C-580/11: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 21 November 2011 — Tarragona Power S.L. v Gas Natural SDG, S.A., Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa, S.A.
Date: 2011-11-21
Institutions: Court of Justice
Subjects: Spain, energy production, tradeable emission permit








C_2012039EN.01001001.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/10






Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 21 November 2011 — Tarragona Power S.L. v Gas Natural SDG, S.A., Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa, S.A.
(Case C-580/11)
(2012/C 39/17)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Appellant: Tarragona Power S.L.

Other parties: Gas Natural SDG, S.A., Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa, S.A.

Question referred

May Article 10 of Directive 2003/87/EC (1) of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC be interpreted as not preventing application of national legislative measures of the kind under review in these proceedings, the purpose and effect of which are to reduce remuneration for the activity of electricity production by an amount equivalent to the value of the greenhouse gas emission allowances allocated free of charge during the relevant period?


(1)  OJ 2003 L 275, p. 32.
Case C-577/11: Reference for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 21 November 2011 — DKV Belgium v Association belge des consommateurs test-achats ASBL
Date: 2011-11-21
Institutions: Court of Justice
Subjects: health insurance, insurance premium








C_2012032EN.01001401.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/14





Reference for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 21 November 2011 — DKV Belgium v Association belge des consommateurs test-achats ASBL
(Case C-577/11)
2012/C 32/25
Language of the case: French

Referring court

Cour d’appel de Bruxelles

Parties to the main proceedings


Applicant: DKV Belgium

Defendant: Association belge des consommateurs Test-Achats ASBL

Question referred

Should [the second paragraph of] Article 29 and Article 39(3) of Directive 92/49/EEC (1), [the third subparagraph of] Article 8(3) of Directive 73/239/EEC (2), and Articles 49 and 56 TFEU be interpreted as prohibiting the Member States from providing, with regard to health insurance contracts not linked to professional activity, provisions under which the premium, the excess payable and the benefit can be adapted, on the annual date of the premium, only:






—


on the basis of the consumer price index;










—


on the basis of one or more specific indices, to the costs of the services covered by private health insurance contracts [known as a ‘medical index’], if and in so far as the changes in that or those indices exceed that in the consumer price index;










—


with authorisation from an administrative authority, responsible for the supervision of insurance undertakings, upon a request of the insurance undertaking concerned, where that authority finds that the application of the premium rate of that undertaking, notwithstanding the adaptations calculated on the basis of the indices referred to in the paragraphs above, gives rise to, or is likely to give rise to losses, thereby enabling it to take measures in order to balance its premium rates, which may include an amendment to the conditions of cover?






(1)  Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ 1992 L 228, p. 1).

(2)  First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (OJ 1973 L 228, p. 3).