do-me/EUR-LEX huggingface dataset:
Case C-323/12: Reference for a preliminary ruling from the Curtea de Apel București (Romania) of 5 July 2012 — E.On Energy Trading SE v Agenția Națională de Administrare Fiscală, Direcția Generală a Finanțelor Publice a Municipiului București — Serviciul de administrare a contribuabililor nerezidenți
Date: 2012-07-05
Institutions: Court of Justice
Subjects: Romania, VAT, legal domicile, legal person, right of establishment, tax rebate








C_2012295EN.01001802.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/18





Reference for a preliminary ruling from the Curtea de Apel București (Romania) of 5 July 2012 — E.On Energy Trading SE v Agenția Națională de Administrare Fiscală, Direcția Generală a Finanțelor Publice a Municipiului București — Serviciul de administrare a contribuabililor nerezidenți
(Case C-323/12)
2012/C 295/31
Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings


Applicant: E.On Energy Trading SE

Defendants: Agenția Națională de Administrare Fiscală, Direcția Generală a Finanțelor Publice a Municipiului București — Serviciul de administrare a contribuabililor nerezidenți

Questions referred







1.


May a taxable person having its principal place of business in a Member State of the European Union other than Romania, and that has identified for VAT purposes a tax representative in Romania, on the basis of the provisions of domestic law in force before Romania acceded to the European Union, be regarded as a ‘taxable person not established in the territory of the country’, within the meaning of Article 1 of Eighth Council Directive 79/1072/EEC (1) of 6 December 1979 on the harmonisation of the laws of the Member States relating to turnover taxes — Arrangements for the refund of value added tax to taxable persons not established in the territory of the country?










2.


Does the requirement, laid down in Article 1472(1)(a) of Law No 571/2003 on the Tax Code and transposing the provisions of the Directive, that the legal person should not be identified for VAT purposes, represent a further condition in addition to those expressly provided for in Articles 3 and 4 [of the Eighth Directive] and, if so, is a further condition of this kind permitted, having regard to Article 6 of the Directive?










3.


Can Articles 3 and 4 [of the Eighth Directive] have direct effect, or does satisfaction of the conditions explicitly regulated by those provisions rather confer on the legal person not established in the territory of Romania, in accordance with Article 1, the right to refund of VAT, regardless of the form they are given in the national legislation?






(1)  OJ L 331, p. 11, Special Edition, 09/vol. 1, p.34.
Case F-71/12: Action brought on 5th July 2012 — BZ v ECB
Date: 2012-07-05
Institutions: Civil Service Tribunal
Subjects: European civil service, disability insurance, health expenditure, indemnification, medical data, occupational disease








C_2012319EN.01001702.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/17





Action brought on 5th July 2012 — BZ v ECB
(Case F-71/12)
2012/C 319/31
Language of the case: English

Parties


Applicant: BZ (represented by: N. Lhöest, lawyer)

Defendant: European Central Bank

Subject-matter and description of the proceedings

The annulment of the decision of the ECB rejecting the Applicant’s request for recognition of the occupational origin of her illness.

Form of order sought







—


Annul the decision of the ECB dated 25 April 2012 rejecting the Applicant’s requests submitted on 28 June 2011 and in the following review letters of 24 October 2011 and of 20 February 2012;










—


by consequence, give the Appellant the benefit of her requests as stated in her request and review letters, notably a proper investigation is to be conducted and a proper report drafted so as to list all facts related to her working situation that are useful for producing a doctor’s assessment;










—


order ECB to communicate to the Appellant all data collected and stored by DG-H on her medical situation and medical procedures, included the data collected so far (included the response to the questionnaire in a non anonymised form as well as the other data collected (e.g. the notes of the interviews organized by DG-H to be provided in a non-anonymous form) as well as future data, which may be collected in the scope of the new procedure. Should this data contain medical information, the data can be sent to her doctor);










—


order ECB to pay the appellant the sum of 50 000 euro for the unreasonable delay in the conduct of the procedure;










—


order ECB to pay the appellant the sum of 5 000 euro for the legal fees for handling the illegal medical procedures;










—


order ECB to pay the appellant the sum of 50 000 euro for the moral damages created by the illegalities and the additional unnecessary burden for the occupational procedure and the disability procedure;










—


order ECB to pay the appellant the sum of 25 000 euro for attempt to the appellant’s reputation and good name and the illegal attempt to terminate her contract;










—


order ECB to pay the Appellant the difference between her disability allowance and her full salary since January 2009;










—


order ECB to pay the Appellant the sum of 100 000 euro for the loss of career perspective;










—


order ECB to pay the loss of salary increase on a basis of 7 salary steps increase per year (3.5 %) since 2009;










—


order ECB to pay the appellant 100 % reimbursement of medical costs sustained since 2006 in relation to her sickness;










—


order ECB to pay the appellant the default interest at a rate of 8 % of the amount awarded;










—


order ECB to pay all costs.
Non-opposition to a notified concentration (Case COMP/M.6593 — Audi/Ducati Motor Holding)  Text with EEA relevance
Date: 2012-07-05
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2012197EN.01000101.xml










5.7.2012   


EN


Official Journal of the European Union


C 197/1





Non-opposition to a notified concentration
(Case COMP/M.6593 — Audi/Ducati Motor Holding)
(Text with EEA relevance)
2012/C 197/01
On 28 June 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6593. EUR-Lex is the on-line access to the European law.
Development education and active global citizenship Declaration of the European Parliament of 5 July 2012 on development education and active global citizenship
Date: 2012-07-05
Institutions: European Parliament
Subjects: European citizenship, development policy, education








CE2013349EN.01009901.xml










29.11.2013   


EN


Official Journal of the European Union


CE 349/99





Thursday 5 July 2012Development education and active global citizenship
P7_TA(2012)0302
Declaration of the European Parliament of 5 July 2012 on development education and active global citizenship
2013/C 349 E/15

The European Parliament,






—


having regard to the European Consensus on Development, which underlines that ‘the EU will pay particular attention to development education and raising awareness’,










—


having regard to the conclusions of the Structured Dialogue concerning the role of civil society and local authorities in development, which calls on ‘EU Member States and the European Commission [to] strengthen their strategies for Development Education and Awareness Raising’,










—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas development education and awareness-raising are central to European development policies, as outlined in the European Development Education Consensus (‘The European Consensus on Development: The contribution of Development Education and Awareness Raising’);










B.


whereas, despite being one of the biggest funders of development education in Europe, the European Union does not have a dedicated strategy in this field;










C.


whereas, during periods marked by austerity, crises and the rise of nationalist and populist movements, it is particularly important to support active global citizenship;










1.


Calls on the Commission and the Council to develop a long-term, cross-sectoral European strategy for development education, awareness-raising and active global citizenship;










2.


Calls on the Member States to develop or strengthen national development education strategies;










3.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States.






(1)  The list of signatories is published in Annex 1 to the Minutes of 5 July 2012 (P7_PV(2012)07-05(ANN1)).
Case C-141/11: Judgment of the Court (Second Chamber) of 5 July 2012 (reference for a preliminary ruling from the Södertörns tingsrätt — Sweden) — Torsten Hörnfeldt v Posten Meddelande AB (Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension)
Date: 2012-07-05
Institutions: Court of Justice
Subjects: age discrimination, equal treatment, pension scheme, work contract








C_2012287EN.01001102.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/11





Judgment of the Court (Second Chamber) of 5 July 2012 (reference for a preliminary ruling from the Södertörns tingsrätt — Sweden) — Torsten Hörnfeldt v Posten Meddelande AB
(Case C-141/11) (1)

(Equal treatment in employment and occupation - Prohibition of discrimination on grounds of age - National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age - Account not taken of the amount of the retirement pension)
2012/C 287/18
Language of the case: Swedish

Referring court

Södertörns tingsrätt

Parties to the main proceedings


Applicant: Torsten Hörnfeldt

Defendant: Posten Meddelande AB

Re:

Reference for a preliminary ruling — Södertörns tingsrätt — Interpretation of the general principle of law on the prohibition of age discrimination and of Article 6 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — National legislation and collective agreement granting employees an unconditional right to work until the age of 67 and providing for automatic termination without notice of the employment relationship at the end of the month in which the employee turns 67, without taking account of the actual pension paid to him

Operative part of the judgment

The second subparagraph of Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding a national measure, such as that at issue in the main proceedings, which allows an employer to terminate an employee’s employment contract on the sole ground that the employee has reached the age of 67 and which does not take account of the level of the retirement pension which the person concerned will receive, as that measure is objectively and reasonably justified by a legitimate aim relating to employment policy and labour-market policy and constitutes an appropriate and necessary means by which to achieve that aim.


(1)  OJ C 152, 21.5.2011.
Case T-86/08: Judgment of the General Court of 5 July 2012 — Greece v Commission (EAGGF — Guarantee Section — Expenditure excluded from financing — Fruit and vegetables — Rural development — Non-compliance with payment deadlines — Compliance with a judgment of the Court — Authority of res judicata — Time-limit of 24 months — Principle of proportionality)
Date: 2012-07-05
Institutions: General Court
Subjects: EAGGF Guarantee Section, enforcement of ruling, rural development








C_2012243EN.01001302.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/13





Judgment of the General Court of 5 July 2012 — Greece v Commission
(Case T-86/08) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Fruit and vegetables - Rural development - Non-compliance with payment deadlines - Compliance with a judgment of the Court - Authority of res judicata - Time-limit of 24 months - Principle of proportionality)
2012/C 243/23
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented: initially by V. Kontolaimos, S. Charitaki and M. Tassopoulou and subsequently by M. Tassopoulou and I. Chalkias and K. Tsagkaropoulos, acting as Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe, acting as Agent, and P. Katsimani, lawyers)

Re:

Application for annulment of Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2008 L 18, p. 12) in so far as it relates to certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 142, 7.6.2008.
EFTA Surveillance Authority Decision No 265/12/COL of 5 July 2012 to approve the contingency plan for listed exotic diseases in aquatic animals submitted by Norway
Date: 2012-07-05
Institutions: EFTA Surveillance Authority
Subjects: Norway, fish disease, tropical disease








C_2012340EN.01000401.xml










8.11.2012   


EN


Official Journal of the European Union


C 340/4





EFTA SURVEILLANCE AUTHORITY DECISION
No 265/12/COL
of 5 July 2012
to approve the contingency plan for listed exotic diseases in aquatic animals submitted by Norway
2012/C 340/03
THE EFTA SURVEILLANCE AUTHORITY,
Having regard to the Act referred to at point 8a of Part 3.1 of Chapter I of Annex I to the EEA Agreement,
Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1), as corrected and amended,
Having regard to College Decision No 259/12/COL empowering the competent College Member to adopt this Decision,
Whereas:
In accordance with Article 47(1) of Directive 2006/88/EC, Norway has drawn up a contingency plan for listed exotic diseases in aquatic animals.
On 30 June 2011, as required by Article 47(4) of Directive 2006/88/EC, Norway submitted the contingency plan for the Authority’s approval.
The Authority has, in close cooperation with the European Commission, examined the contingency plan for listed exotic diseases in aquatic animals.
Furthermore, in April 2012, the Authority carried out a mission to Norway on contingency plans.
The Authority’s examination and the investigations carried out during the mission to Norway show that the contingency plan submitted by Norway fulfils the requirements of Article 47 and Annex VII to Directive 2006/88/EC.
The Authority, by its Decision No 259/12/COL, referred the matter to the EFTA Veterinary Committee assisting the EFTA Surveillance Authority. The Committee approved unanimously the proposal put forward by the Authority. Consequently, the measures provided for in this Decision are in accordance with the unanimous opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority and the final text of the measures remains unchanged.
It is therefore appropriate to approve the contingency plan for listed exotic diseases in aquatic animals submitted by Norway,
HAS ADOPTED THIS DECISION:
Article 1
The contingency plan for listed exotic diseases in aquatic animals submitted by Norway is hereby approved.
Article 2
This Decision shall enter into force on 5 July 2012.
Article 3
This Decision is addressed to Norway.
Article 4
This Decision shall be authentic in the English language.

Done at Brussels, 5 July 2012.


For the EFTA Surveillance Authority

Sverrir Haukur GUNNLAUGSSON

College Member

Florence SIMONETTI

Acting Director





(1)  OJ L 328, 24.11.2006, p. 14 and EEA Supplement No 32, 17.6.2010, p. 1 in Icelandic and No 35, 23.6.2011, p. 44 in Norwegian.
The establishment of European Artisanal Gelato Day Declaration of the European Parliament of 5 July 2012 on the establishment of European Artisanal Gelato Day
Date: 2012-07-05
Institutions: European Parliament
Subjects: European cultural event, craft production, dairy ice cream








CE2013349EN.01010001.xml










29.11.2013   


EN


Official Journal of the European Union


CE 349/100





Thursday 5 July 2012The establishment of European Artisanal Gelato Day
P7_TA(2012)0303
Declaration of the European Parliament of 5 July 2012 on the establishment of European Artisanal Gelato Day
2013/C 349 E/16

The European Parliament,






—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas EU legislation is increasingly geared towards ensuring the quality of food and, of all fresh dairy products, artisanal gelato is a product of excellence in terms of food quality and safety, raising the profile of agri-food products in each individual Member State,










B.


whereas consumers are increasingly opting for healthy, more nutritious and tastier foods made using traditional methods which do not have an impact on the environment,










C.


whereas the sector directly employs some 300 000, mostly young, workers in around 50 000 ice cream parlours throughout Europe and the consumption of ice cream is gradually becoming less seasonal, resulting in a year-round turnover of hundreds of millions of euros,










1.


Calls on the Member States to support the production of artisanal gelato, a high-quality product, since this is an area in which the EU economy can compete and an opportunity to be seized, given the current crisis in the dairy and other sectors;










2.


Establishes European Artisanal Gelato Day, to be celebrated on 24 March, to help promote this product and build on the sector’s gastronomic traditions;










3.


Instructs its President to forward this declaration, together with the names of its signatories (1), to the governments and parliaments of the Member States.






(1)  The list of signatories is published in Annex 2 to the Minutes of 5 July 2012 (P7_PV(2012)07-05(ANN2)).
Notice of open competitions
Date: 2012-07-05
Institutions: European Personnel Selection Office
Subjects: Denmark, EPSO, Germany, Slovakia, United Kingdom, competition (EU), information profession








C_2012197EN.01002801.xml










5.7.2012   


EN


Official Journal of the European Union


C 197/28





NOTICE OF OPEN COMPETITIONS
2012/C 197/08
The European Personnel Selection Office (EPSO) is organising the following open competitions:
CONFERENCE INTERPRETERS







With Danish (DA) as their main language


:


EPSO/AD/236/12 (grades AD 5 and AD 7)




With German (DE) as their main language


:


EPSO/AD/237/12 (grades AD 5 and AD 7)




With English (EN) as their main language


:


EPSO/AD/238/12 (grade AD 7)




For Slovak (SK)


:


EPSO/AD/239/12 (grades AD 5 and AD 7)




The competition notices are published in Official Journal C 197 A of 5 July 2012 in Danish, German, English and Slovak only.
Further details can be found on the EPSO website: http://www.eu-careers.info
Information communicated by Member States regarding closure of fisheries
Date: 2012-07-05
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, sea fish








C_2012197EN.01002401.xml










5.7.2012   


EN


Official Journal of the European Union


C 197/24





Information communicated by Member States regarding closure of fisheries
2012/C 197/06
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


13.5.2012




Duration


13.5.2012-31.12.2012




Member State


Portugal




Stock or group of stocks


BUM/ATLANT




Species


Blue marlin (Makaira nigricans)




Zone


Atlantic Ocean




Type(s) of fishing vessels


—




Reference number


575665






(1)  OJ L 343, 22.12.2009, p. 1.