do-me/EUR-LEX huggingface dataset:
Case C-317/12: Reference for a preliminary ruling from the Svea hovrätt (Sweden) lodged on 2 July 2012 — Criminal proceedings against Daniel Lundberg
Date: 2012-07-02
Institutions: Court of Justice
Subjects: carriage of goods, economic support, interpretation of the law








C_2012258EN.01001302.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/13





Reference for a preliminary ruling from the Svea hovrätt (Sweden) lodged on 2 July 2012 — Criminal proceedings against Daniel Lundberg
(Case C-317/12)
2012/C 258/21
Language of the case: Swedish

Referring court

Svea hovrätt

Party to the main proceedings

Daniel Lundberg

Questions referred







1.


Must the expression ‘non-commercial carriage of goods’ in Article 3(h) of Regulation (EC) No 561/2006 (1) be interpreted as covering carriage of goods by a private individual as part of his hobby but which is in part financed by financial contributions (sponsorship) from external persons or undertakings?










2.


Is it relevant to the assessment of what constitutes ‘non-commercial carriage’:






(a)


that the driver makes the journey only for his own purposes?










(b)


that no payment is made for the carriage per se?










(c)


how large the financial contribution is and/or how large the financial contribution is in relation to the total cost of the hobby activity?










(1)  Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (Text with EEA relevance) — Declaration (OJ 2006 L 102, p. 1).
Case F-67/12: Action brought on 2 July 2012 — ZZ v Commission
Date: 2012-07-02
Institutions: Civil Service Tribunal
Subjects: indemnification, lawyer, power of attorney








C_2012311EN.01001602.xml










13.10.2012   


EN


Official Journal of the European Union


C 311/16





Action brought on 2 July 2012 — ZZ v Commission
(Case F-67/12)
2012/C 311/22
Language of the case: Italian

Parties


Applicant: ZZ (represented by: G. Cipressa, avvocato)

Defendant: European Commission

Subject-matter and description of the proceedings

Action for the annulment of the decision to dismiss the applicant’s request for compensation for the damage suffered as a result of the defendant having sent a letter relating to the possible resumption of the applicant’s services, and in response to certain proceedings brought by the applicant, to a lawyer who had defended the applicant in various cases, but to whom the applicant had not given a general mandate in the present case.

Form of order sought







—


Annul the decision, whatever the form in which it was adopted, by which the Commission rejected the request of 20 May 2011 which the applicant sent to the appointing authority;










—


In so far as necessary, annul the measure, whatever the form in which it was adopted, by which the Commission rejected the complaint of 1 December 2011 against the decision rejecting the request of 20 May 2011, annul that decision and grant the request of 20 May 2011;










—


In so far as necessary, annul the note of 9 March 2012;










—


Order the Commission to make reparation for the damage unjustly suffered by the applicant as a result of the fact that the undated note attributable to the Commission was sent by the Commission to Giuseppe Cipressa, avvocato, by paying to the applicant the sum of EUR 10 000, or such greater or lesser sum as the Tribunal may deem to be just and fair;










—


Order the Commission to pay to the applicant, from the day following that on which the request of 20 May 2011 was received by the Commission until actual payment of the sum of EUR 10 000, the interest on that sum, with annual capitalisation, at the rate of 10 % per annum;










—


Order the Commission to pay the costs.
Case F-68/12: Action brought on 2 July 2012 — ZZ v Commission
Date: 2012-07-02
Institutions: Civil Service Tribunal
Subjects: European civil service, Eurostat, appeal to an administrative authority, indemnification, promotion








C_2012258EN.01002803.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/28





Action brought on 2 July 2012 — ZZ v Commission
(Case F-68/12)
2012/C 258/52
Language of the case: French

Parties


Applicant: ZZ (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the promotion points awarded to the applicant and of his staff report for the period from 1 January 2010 to 31 December 2010.

Form of order sought







—


annul the applicant’s staff report drawn up by Eurostat for the period from 1 January 2010 to 31 December 2010 and the level of performance attributed to him by the same DG;










—


annul the promotion points awarded by Eurostat and the AIPN;










—


annul the decision rejecting the pre-litigation complaint regarding its vexatious and hurtful nature, to the point of causing non-material damage equivalent to 10 days pay without prejudice at EUR 2 500, calculated on the bases of 1/30th of the monthly remuneration per day compensated;










—


order the Commission to pay the costs.
Case C-320/12: Reference for a preliminary ruling from the Højesteret (Denmark) lodged on 2 July 2012 — Malaysia Dairy Industries Pte. Ltd v Ankenævnet for Patenter og Varemærker
Date: 2012-07-02
Institutions: Court of Justice
Subjects: EU law - national law, approximation of laws, interpretation of the law, registered trade mark, trade-mark law








C_2012258EN.01001401.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/14





Reference for a preliminary ruling from the Højesteret (Denmark) lodged on 2 July 2012 — Malaysia Dairy Industries Pte. Ltd v Ankenævnet for Patenter og Varemærker
(Case C-320/12)
2012/C 258/22
Language of the case: Danish

Referring court

Højesteret

Parties to the main proceedings


Applicant: Malaysia Dairy Industries Pte. Ltd

Defendant: Ankenævnet for Patenter og Varemærker

Questions referred







1.


Is the concept of bad faith in Article 4(4)(g) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (1) an expression of a legal standard which may be filled out in accordance with national law, or is it a concept of European Union law which must be given a uniform interpretation throughout the European Union?










2.


If the concept of bad faith in Article 4(4)(g) of Directive 2008/95/EC is a concept of European Union law, must the concept be understood as meaning that it may suffice that the applicant knew or should have known of the foreign mark at the time of filing the application, or is there a further requirement concerning the applicant’s subjective position in order for registration to be denied?










3.


Can a Member State choose to introduce a specific protection of foreign marks which, in relation to the requirement of bad faith, differs from Article 4(4)(g) of Directive 2008/95/EC, for example by laying down a special requirement that the applicant knew or should have known of the foreign mark?






(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ 2008 L 299, p. 25).
Case T-297/12: Action brought on 2 July 2012 — Evropaiki Dinamiki v Commission
Date: 2012-07-02
Institutions: General Court
Subjects: European Commission, contractual liability, indemnification, professional secret








C_2012273EN.01001601.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/16





Action brought on 2 July 2012 — Evropaiki Dinamiki v Commission
(Case T-297/12)
2012/C 273/27
Language of the case: Greek

Parties


Applicant: Evropaiki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: V. Khristianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


order the Commission to pay it the sum of EUR 50 000 as compensation for the harm to its professional reputation which it has suffered on account of infringement of its professional confidentiality by the Commission, with compensatory interest from 3 July 2007 to delivery of the judgment in the present dispute and until full payment;










—


order the Commission to pay its costs.





Pleas in law and main arguments

By the present action, the applicant seeks compensation from the General Court of the European Union for the harm which it has suffered on account of the unlawful conduct on the part of the European Commission (‘the Commission’), under the second paragraph of Article 340 TFEU (non-contractual liability of the European Union). Specifically, the Commission caused damage to the applicant’s professional reputation by sending a document which concerned an investigation being conducted in respect of the applicant to third-party companies on 3 July 2007.
The applicant submits that the conditions for establishing the Commission’s non-contractual liability, as set out in settled case-law, that enable it to be compensated for the damage to its professional reputation are met, since the Commission unlawfully disclosed to third parties the existence and the content of an investigation conducted in its regard and confidential professional data concerning it.
Case C-319/12: Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 2 July 2012 — Minister of Finance v MDDP Sp. z o.o., Akademia Biznesu, Sp. komandytowa
Date: 2012-07-02
Institutions: Court of Justice
Subjects: VAT, education, interpretation of the law, tax exemption








C_2012287EN.01002101.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/21





Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Poland) lodged on 2 July 2012 — Minister of Finance v MDDP Sp. z o.o., Akademia Biznesu, Sp. komandytowa
(Case C-319/12)
2012/C 287/38
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Applicant: Minister of Finance

Defendant: MDDP Sp. z o.o., Akademia Biznesu, Sp. komandytowa

Questions referred







1.


Should point (i) of Article 132(1), Article 133 and Article 134 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, (1) as amended, ‘Directive 2006/112’, be interpreted as precluding exemption from value added tax of educational services provided for commercial purposes by bodies not governed by public law which follows from Article 43(1)(1) of the Ustawa z dnia 11 marca 2004 r. o podatku od towarów und usług (Law of 11 March 2004 on taxation of goods and services) (Dz. U. No 54, 535, as amended) in conjunction with Item 7 of Annex 4 to that Law, in the version in force in 2010?










2.


If the answer to the first question is in the affirmative, does this mean that due to the incompatibility of the exemption with the provisions of Directive 2006/112, Article 168 of the directive grants taxpayers both the right to apply the tax exemption and to deduct input VAT?






(1)  OJ 2006 L 347, p. 1.
Commission Decision of 2 July 2012 amending Commission Decision C(2009) 770 concerning the adoption of the full text of the best available techniques reference document for energy efficiency  Text with EEA relevance
Date: 2012-07-02
Institutions: European Commission
Subjects: energy policy, environmental protection, exchange of information, pollution control measures, productivity








C_2012198EN.01000301.xml










6.7.2012   


EN


Official Journal of the European Union


C 198/3





COMMISSION DECISION
of 2 July 2012
amending Commission Decision C(2009) 770 concerning the adoption of the full text of the best available techniques reference document for energy efficiency
(Text with EEA relevance)
2012/C 198/04
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (1), and in particular Article 17(2) thereof,
Having regard to the decision of the Commission of 7 November 2001 (2), in which the Commission decided to delegate to the Director-General of the Environment the power to adopt, on behalf and under the responsibility of the Commission, the full texts of the best available techniques reference documents,
Whereas:






(1)


Article 17(2) of Directive 2008/1/EC provides for an exchange of information between the Member States and the industries concerned on best available techniques and for the Commission to publish the results of the exchange.










(2)


By Commission Decision C(2009) 770 of 3 February 2009, the Commission adopted the full text of the best available techniques reference document for energy efficiency which is available on the Internet (3).










(3)


The Commission has received several complaints from competitors that the company ‘PVT technology’ was misusing the best available techniques reference document for energy efficiency for marketing purposes, also listing the Poetter sensor as an example of best available techniques for energy efficiency.










(4)


The best available techniques reference document for energy efficiency should be amended in Section 2.10.4 by deleting the link http://www.pvt-tec.de under the sub-heading ‘Reference information’,




HAS DECIDED AS FOLLOWS:
Sole Article
The link http://www.pvt-tec.de under the sub-heading ‘Reference information’ in Section 2.10.4 of the best available techniques reference document for energy efficiency shall be deleted.

Done at Brussels, 2 July 2012.


For the Commission, by delegation

Karl FALKENBERG

Director-General for the Environment





(1)  OJ L 24, 29.1.2008, p. 8.

(2)  SEC(2001) 1738.

(3)  http://eippcb.jrc.es/reference/ene.html
Case C-321/12: Reference for a preliminary ruling from the Centrale Raad van Beroep (Netherlands), lodged on 2 July 2012 — F. van der Helder, D. Farrington v College voor zorgverzekeringen (Cvz)
Date: 2012-07-02
Institutions: Court of Justice
Subjects: interpretation of the law, maternity benefit, pension scheme, sick leave








C_2012287EN.01002102.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/21





Reference for a preliminary ruling from the Centrale Raad van Beroep (Netherlands), lodged on 2 July 2012 — F. van der Helder, D. Farrington v College voor zorgverzekeringen (Cvz)
(Case C-321/12)
2012/C 287/39
Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings


Appellants: F. van der Helder, D. Farrington

Respondent: College voor zorgverzekeringen (Cvz)

Question referred

Does the phrase ‘legislation [to which] the pensioner has been subject for the longest period of time’ in Article 28(2)(b) of Regulation (EEC) No 1408/71 (1) refer to legislation concerning benefits in respect of sickness and maternity, to legislation concerning cash benefits in respect of old age, or to all legislation concerning the branches of social security mentioned in Article 4 of Regulation No 1408/71 which were applicable pursuant to Title II of that regulation?


(1)  Council Regulation of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416).