do-me/EUR-LEX huggingface dataset:
Case C-323/13: Action brought on 13 June 2013 — European Commission v Italian Republic
Date: 2013-06-13
Institutions: Court of Justice
Subjects: Italy, Latium, domestic waste, infringement of EU law, national implementing measure, waste disposal








C_2013252EN.01002102.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/21





Action brought on 13 June 2013 — European Commission v Italian Republic
(Case C-323/13)
2013/C 252/33
Language of the case: Italian

Parties


Applicant: European Commission (represented by: L. Pignataro-Nolin and A. Alcover San Pedro, acting as Agents)

Defendant: Italian Republic

Form of order sought







—


Declare that, since part of the municipal waste going to the landfills of the Rome SubATO (sotto ambito territoriale ottimale; the subdivision of the Optimal Territorial Ambit), including the Malagrotta landfill and those of the Latina SubATO, does not undergo treatment including a proper sorting of the various fractions of the waste and the stabilisation of the organic fraction, and since an integrated and adequate network of waste disposal installations, which takes account of the best available technology, has not been created in Lazio, the Italian Republic has failed to fulfil its obligations under Article 6(a) of Directive 1999/31/EC, (1) read in conjunction with Article 1(1) of Directive 1999/31/EC and with Articles 4 and 13 of Directive 2008/98/EC, (2) and under Article 16(1) of Directive 2008/98/EC;










—


Order the Italian Republic to pay the costs of the proceedings.





Pleas in law and main arguments

The period for transposing Directive 1999/31/EC expired on 16 July 2001.
The period for transposing Directive 2008/98/EC expired on 12 December 2010.


(1)  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999 p. 1).

(2)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008 p. 3).
Case C-125/12: Judgment of the Court (Sixth Chamber) of 13 June 2013 (request for a preliminary ruling from the Juzgado de lo Mercantil n °1 de Granada — Spain) — Promociones y Construcciones BJ 200 SL (VAT — Directive 2006/112/EC — Article 199(1)(g) — Voluntary insolvency proceedings — Person liable for payment of tax — Liability of the person who is the recipient of certain transactions — Concept of ‘compulsory sale procedure’ )
Date: 2013-06-13
Institutions: Court of Justice
Subjects: VAT, debt, interpretation of the law, receivership








C_2013225EN.01002802.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/28





Judgment of the Court (Sixth Chamber) of 13 June 2013 (request for a preliminary ruling from the Juzgado de lo Mercantil no 1 de Granada — Spain) — Promociones y Construcciones BJ 200 SL
(Case C-125/12) (1)

(VAT - Directive 2006/112/EC - Article 199(1)(g) - Voluntary insolvency proceedings - Person liable for payment of tax - Liability of the person who is the recipient of certain transactions - Concept of ‘compulsory sale procedure’)
2013/C 225/46
Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 1 de Granada

Party to the main proceedings

Promociones y Construcciones BJ 200 SL

Re:

Request for a preliminary ruling — Juzgado de lo Mercantil No 1 de Granada — Interpretation of Article 199(1)(g) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Persons liable for payment of tax — Taxable person who is the recipient of certain transactions — Concept of ‘the supply of immovable property sold by a judgment debtor in a compulsory sale procedure’

Operative part of the judgment

Article 199(1)(g) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that every sale of immovable property by a judgment debtor carried out not only in the course of the liquidation of the debtor’s assets but also in the course of insolvency proceedings occurring before such liquidation comes within the concept of a compulsory sale procedure, provided that such a sale is necessary in order either to settle creditors’ claims or to enable the debtor to re-establish its economic or professional activities.


(1)  OJ C 174, 16.6.2012.
European Parliament legislative resolution of 13 June 2013 on the draft Council decision on the conclusion of the Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (16894/2011 — C7-0469/2011 — 2011/0207(NLE))
Date: 2013-06-13
Institutions: Committee on Development, Committee on International Trade, European Parliament
Subjects: ACP countries, Cotonou Agreement, consent procedure, ratification of an agreement, revision of an agreement








C_2016065EN.01025702.xml










19.2.2016   


EN


Official Journal of the European Union


C 65/257





P7_TA(2013)0273
Second amendment to the Cotonou Agreement of 23 June 2000 ***
European Parliament legislative resolution of 13 June 2013 on the draft Council decision on the conclusion of the Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (16894/2011 — C7-0469/2011 — 2011/0207(NLE))
(Consent)
(2016/C 065/52)

The European Parliament,






—


having regard to the draft Council decision (16894/2011),










—


having regard to the Agreement amending for the second time the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (09565/2010) (1),










—


having regard to the request for consent submitted by the Council in accordance with Articles 217 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C7-0469/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Development and the opinion of the Committee on International Trade (A7-0110/2013),










1.


Consents to conclusion of the agreement;










2.


Expresses its strongest reservations about parts of the Agreement which do not reflect the position of the European Parliament and the values of the Union;










3.


Urges all parties to revise the unsatisfactory clauses accordingly during a third revision of the Agreement, including the explicit introduction of non-discrimination on the basis of sexual orientation within Article 8(4);










4.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the members of the African, Caribbean and Pacific Group of States.






(1)  OJ L 287, 4.11.2010, p. 3.