do-me/EUR-LEX huggingface dataset:
Case C-476/11: Judgment of the Court (Second Chamber) of 26 September 2013 (request for a preliminary ruling from the Vestre Landsret — Denmark) — HK Danmark, acting on behalf of Glennie Kristensen v Experian A/S (Principle of non-discrimination on grounds of age — Charter of Fundamental Rights of the European Union — Article 21(1) — Directive 2000/78/EC — Article 6(1) and (2) — Occupational pension scheme — Increases in the amount of contributions on the basis of age)
Date: 2013-09-26
Institutions: Court of Justice
Subjects: age discrimination, equal treatment, retirement conditions, social-security contribution








C_2013344EN.01001201.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/12





Judgment of the Court (Second Chamber) of 26 September 2013 (request for a preliminary ruling from the Vestre Landsret — Denmark) — HK Danmark, acting on behalf of Glennie Kristensen v Experian A/S
(Case C-476/11) (1)

(Principle of non-discrimination on grounds of age - Charter of Fundamental Rights of the European Union - Article 21(1) - Directive 2000/78/EC - Article 6(1) and (2) - Occupational pension scheme - Increases in the amount of contributions on the basis of age)
2013/C 344/18
Language of the case: Danish

Referring court

Vestre Landsret

Parties to the main proceedings


Applicant: HK Danmark, acting on behalf of Glennie Kristensen

Defendant: Experian A/S

Intervener: Beskæftigelsesministeriet

Re:

Request for a preliminary ruling — Vestre Landsret — Interpretation of Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — Justification for differences of treatment on grounds of age — Fixing, for occupational social security schemes, of ages for admission or entitlement to retirement or invalidity benefits — General exception for occupational social security schemes provided that there is no discrimination on grounds of sex, or exception solely for affiliation to social security schemes — National legal situation in which an employer can pay, as part of pay, pension contributions which increase with the age of the employee

Operative part of the judgment

The principle of non-discrimination on grounds of age, enshrined in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and, in particular, Articles 2 and 6(1) of that directive, must be interpreted as not precluding an occupational pension scheme under which an employer pays, as part of pay, pension contributions which increase with age, provided that the difference in treatment on grounds of age that arises therefrom is appropriate and necessary to achieve a legitimate aim, which it is for the national court to establish.


(1)  OJ C 340, 19.11.2011.
Case C-108/12: Order of the President of the Fourth Chamber of the Court of 26 September 2013 (request for a preliminary ruling from the Tribunalul Vâlcea — Romania) — SC Volksbank România SA v Ionuț-Florin Zglimbea, Liana-Ramona Zglimbea
Date: 2013-09-26
Institutions: Court of Justice
Subjects: administrative contract, bank charges, consumer credit, credit institution, interest, interpretation of the law, prices








C_2013377EN.01000903.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/9





Order of the President of the Fourth Chamber of the Court of 26 September 2013 (request for a preliminary ruling from the Tribunalul Vâlcea — Romania) — SC Volksbank România SA v Ionuț-Florin Zglimbea, Liana-Ramona Zglimbea
(Case C-108/12) (1)

2013/C 377/19
Language of the case: Romanian
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 151, 26.5.2012.
Case C-514/13: Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 26 September 2013 — Ettayebi Bouzalmate v Kreisverwaltung Kleve
Date: 2013-09-26
Institutions: Court of Justice
Subjects: illegal migration, removal, return migration, social facilities








C_2013367EN.01002303.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/23





Request for a preliminary ruling from the Landgericht München I (Germany) lodged on 26 September 2013 — Ettayebi Bouzalmate v Kreisverwaltung Kleve
(Case C-514/13)
2013/C 367/41
Language of the case: German

Referring court

Landgericht München I

Parties to the main proceedings


Applicant: Ettayebi Bouzalmate

Defendant: Kreisverwaltung Kleve

Question referred

Does it follow from Article 16(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (1) that a Member State is required, as a rule, to detain a person for the purposes of removal in a specialised detention facility if such facilities exist only in a part of the federal structure of the State, but not in another part in which the detention is carried out in accordance with the provisions governing the federal structure of that Member State?


(1)  OJ 2008 L 348, p. 98.
Case C-679/11 P: Judgment of the Court (Ninth Chamber) of 26 September 2013 — Alliance One International Inc. v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Whether unlawful conduct of a subsidiary attributable to its parent company — Obligation to state reasons — Fundamental rights — Deterrent effect — Equal treatment — Mitigating circumstances — Cooperation — Unlimited jurisdiction — Ne ultra petita — Right to a fair hearing)
Date: 2013-09-26
Institutions: Court of Justice
Subjects: Spain, cartel, equal treatment, fine, fixing of prices, infringement of EU law, market-sharing agreement, subsidiary, tobacco, tobacco industry








C_2013344EN.01001802.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/18





Judgment of the Court (Ninth Chamber) of 26 September 2013 — Alliance One International Inc. v European Commission
(Case C-679/11 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Price-fixing and market-sharing - Infringement of Article 81 EC - Whether unlawful conduct of a subsidiary attributable to its parent company - Obligation to state reasons - Fundamental rights - Deterrent effect - Equal treatment - Mitigating circumstances - Cooperation - Unlimited jurisdiction - Ne ultra petita - Right to a fair hearing)
2013/C 344/30
Language of the case: English

Parties


Appellant: Alliance One International Inc. (represented by: M. Odriozola and A. Vide, abogados)

Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre, E. Gippini Fournier, J. Bourke and C. Urraca Caviedes, Agents)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 12 October 2011 in Case T-41/05 Alliance One International v Commission reducing the part of the fine imposed on Agroexpansión, for the payment of which Alliance One International, Inc. was held jointly and severally liable with Agroexpansión, and dismissing as to the remainder an application for partial annulment of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) of the EC Treaty (Case COMP/C.38.238/B.2 — Raw tobacco sector in Spain) concerning a cartel aimed at fixing the prices paid to producers and the quantities purchased from them in the Spanish raw tobacco market.

Operative part of the judgment

The Court:






1.


Dismisses the appeal and the cross-appeal;










2.


Orders Alliance One International Inc. to pay the costs of the appeal;










3.


Orders the European Commission to pay the costs of the cross-appeal.






(1)  OJ C 73, 10.3.2012.
Publication of Aust-Agder County’s notification of tender procedure pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70 (Previous notification of tender published in OJ C 58, 28.2.2013, p. 3 and EEA Supplement No 12, 28.2.2013 , p. 1)
Date: 2013-09-26
Institutions: EFTA Secretariat
Subjects: Norway, bus, inland transport, negotiated contract, public service, school transport








C_2013277EN.01000701.xml










26.9.2013   


EN


Official Journal of the European Union


C 277/7





Publication of Aust-Agder County’s notification of tender procedure pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70
(Previous notification of tender published in OJ C 58, 28.2.2013, p. 3 and EEA Supplement No 12, 28.2.2013, p. 1)
2013/C 277/05
1.   Name and address of the competent authority:






Aust-Agder County




Plan- og samferdselsavdelingen




Hilde Bergersen




Box 788 Stoa




4809 Arendal




NORWAY




As of mid-2013, the responsibility for the tender will be transferred to:





Agder kollektivtrafikk AS




Kjell Sverre Drange




Vestre Strandgt. 33




4611 Kristiansand




NORWAY




2.   Type of award envisaged:

Open tender procedure
3.   Services and areas potentially covered by the award:

Bus services in Aust-Agder county as of 1 January 2015. The contract includes both scheduled routes and school transport. Two areas will be tendered out:






(a)


route area east consisting of the municipalities of Risør, Tvedestrand, Gjerstad, Vegårshei and Åmli, including routes to/from Arendal. The routes in the municipality of Åmli will be operated as of 1 January 2017;










(b)


route area west consisting of the municipalities of Arendal, Grimstad, Lillesand, Birkenes and Froland, including routes to/from Kristiansand. The routes in the municipalities of Birkeland and Froland will be operated as of 1 January 2017.
2013/481/EU: Council Decision of 26 September 2013 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banco de España
Date: 2013-09-26
Institutions: Council of the European Union
Subjects: Spain, accountant, central bank




L_2013262EN.01000901.xml










4.10.2013   


EN


Official Journal of the European Union


L 262/9








            COUNCIL DECISION
         
of 26 September 2013
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banco de España
(2013/481/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,


Having regard to Recommendation ECB/2013/32 of the European Central Bank of 2 September 2013 to the Council of the European Union on the external auditors of the Banco de España (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


The mandate of the current external auditors of the Banco de España expired after the audit for the financial year 2012. It is therefore necessary to appoint external auditors from the financial year 2013.












(3)


The Banco de España has selected KPMG Auditores, S.L. as its external auditors for the financial years 2013 to 2017.












(4)


The Governing Council of the ECB recommended that KPMG Auditores, S.L. be appointed as the external auditors of the Banco de España for the financial years 2013 to 2017.












(5)


It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 1(3) of Decision 1999/70/EC is replaced by the following:

‘3.   KPMG Auditores S.L. are hereby approved as the external auditors of the Banco de España for the financial years 2013 to 2017.’.



Article 2
This Decision shall take effect on the day of its notification.


Article 3
This Decision is addressed to the European Central Bank.




Done at Brussels, 26 September 2013.


For the Council


The President

E. GUSTAS
            





(1)  
            OJ C 264, 13.9.2013, p. 1.

(2)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).
Non-opposition to a notified concentration (Case COMP/M.6682 — Kinnevik/Billerud/Korsnäs)  Text with EEA relevance
Date: 2013-09-26
Institutions: European Commission
Subjects: economic concentration, merger control, packaging product, pulp and paper industry, telecommunications industry








C_2013277EN.01000101.xml










26.9.2013   


EN


Official Journal of the European Union


C 277/1





Non-opposition to a notified concentration
(Case COMP/M.6682 — Kinnevik/Billerud/Korsnäs)
(Text with EEA relevance)
2013/C 277/01
On 27 November 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 32012M6682. EUR-Lex is the online access to the European law.
Case C-309/11: Judgment of the Court (Third Chamber) of 26 September 2013 — European Commission v Republic of Finland (Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special regime for travel agencies — Differences between language versions — National legislation providing for the application of the special regime to persons other than travellers — Concepts of ‘traveller’ and ‘client’ )
Date: 2013-09-26
Institutions: Court of Justice
Subjects: EU law - national law, Finland, VAT, basis of tax assessment, infringement of EU law, invoicing, tax relief, tax system, travel agency, traveller








C_2013344EN.01000802.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/8





Judgment of the Court (Third Chamber) of 26 September 2013 — European Commission v Republic of Finland
(Case C-309/11) (1)

(Failure of a Member State to fulfil obligations - Taxation - VAT - Directive 2006/112/EC - Articles 306 to 310 - Special regime for travel agencies - Differences between language versions - National legislation providing for the application of the special regime to persons other than travellers - Concepts of ‘traveller’ and ‘client’)
2013/C 344/11
Language of the case: Finnish

Parties


Applicant: European Commission (represented by: L. Lozano Placios and I. Koskinen, acting as Agents)

Defendant: Republic of Finland (represented by: J. Heliskoski, acting as Agent)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, T. Müller and J. Očková, acting as Agents); Hellenic Republic (represented by: E.-M. Mamouna, acting as Agent); Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent); French Republic (represented by: G. de Bergues and J.-S. Pilczer, acting as Agents); Republic of Poland (represented by: A. Kraińska, A. Kramarczyk, M. Szpunar and B. Majczyna, acting as Agents);

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 306 to 310 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — National legislation under which the special regime for taxation of travel agents applies to transactions carried out by travel agents for recipients other than travellers

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs incurred by the Republic of Finland;










3.


Orders the Czech Republic, the Hellenic Republic, the Kingdom of Spain, the French Republic and the Republic of Poland to bear their own costs.






(1)  OJ C 252, 27.8.2011.
Case C-236/11: Judgment of the Court (Third Chamber) of 26 September 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special regime for travel agencies — Differences between language versions — National legislation providing for the application of the special regime to persons other than travellers — Concepts of ‘traveller’ and ‘client’ )
Date: 2013-09-26
Institutions: Court of Justice
Subjects: EU law - national law, Italy, VAT, basis of tax assessment, infringement of EU law, invoicing, tax relief, tax system, travel agency, traveller








C_2013344EN.01000601.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/6





Judgment of the Court (Third Chamber) of 26 September 2013 — European Commission v Italian Republic
(Case C-236/11) (1)

(Failure of a Member State to fulfil obligations - Taxation - VAT - Directive 2006/112/EC - Articles 306 to 310 - Special regime for travel agencies - Differences between language versions - National legislation providing for the application of the special regime to persons other than travellers - Concepts of ‘traveller’ and ‘client’)
2013/C 344/06
Language of the case: Italian

Parties


Applicant: European Commission (represented by: C. Soulay and D. Recchia, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and G. De Bellis, avvocato dello Stato)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, T. Müller and J. Očková, acting as Agents); Hellenic Republic (represented by: E.-M. Mamouna, acting as Agent); Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent); French Republic (represented by: G. de Bergues and J.-S. Pilczer, acting as Agents); Republic of Poland (represented by: M. Szpunar and B. Majczyna, acting as Agents); Republic of Finland (represented by: J. Heliskoski, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 306 to 310 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — National legislation under which the special regime for taxation of travel agents applies to transactions carried out by travel agents for recipients other than travellers

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs incurred by the Italian Republic;










3.


Orders the Czech Republic, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Poland and the Republic of Finland to bear their own costs.






(1)  OJ C 238, 13.8.2011.
Case T-532/13: Action brought on 26 September 2013 — Kicks Kosmetikkedjan/OHMI — Kik Textilien und Non-Food (KICKS)
Date: 2013-09-26
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2013359EN.01001701.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/17





Action brought on 26 September 2013 — Kicks Kosmetikkedjan/OHMI — Kik Textilien und Non-Food (KICKS)
(Case T-532/13)
2013/C 359/33
Language in which the application was lodged: English

Parties


Applicant: Kicks Kosmetikkedjan AB (Stockholm, Sweden) (represented by: K. Strömholm, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Kik Textilien und Non-Food GmbH (Bönen, Germany)

Form of order sought

The applicant claims that the Court should:






—


annul the Decision;










—


order the OHIM to pay the costs, or alternatively, if applicable, an intervening party to do so;










—


authorise the registration of the contested application No 9245473 in its entirety.





Pleas in law and main arguments


Applicant for a Community trade mark: Kicks Kosmetikkedjan AB

Community trade mark concerned: the verbal mark ‘KICKS’ for goods and services in classes 3, 8, 14, 21 and 35 — application No 9245473

Proprietor of the mark or sign cited in the opposition proceedings: Kik Textilien und Non-Food GmbH

Mark or sign cited in opposition: the German and international word mark ‘kik’ for services in class 35

Decision of the Opposition Division: upheld the opposition for the contested goods and services

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009.
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
Date: 2013-09-26
Institutions: European Commission
Subjects: Gelderland, Netherlands, State aid, agricultural holding, agricultural product, aid to agriculture, control of State aid, investment aid, small and medium-sized enterprises








C_2013278EN.01002701.xml










26.9.2013   


EN


Official Journal of the European Union


C 278/27





Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
2013/C 278/02
Aid No: SA.37037 (13/XA)
Member State: Netherlands
Region: GELDERLAND
Title of aid scheme or name of company receiving an individual aid: Regeling tot wijziging van de Regels subsidieverstrekking land- en tuinbouw 2013
Legal basis: 






—


Artikel 143 lid 1 van de Provinciewet










—


Artikel 1.2, tweede lid en titel 5.9 van de Subsidieverordening Vitaal Gelderland 2011










—


Regeling tot wijziging van de Regels subsidieverstrekking land- en tuinbouw 2013 (zie bijlage I)




Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Overall amount of the ad hoc aid awarded to the undertaking: EUR 0,00 (in millions) — Annual overall amount of the budget planned under the scheme: EUR 4,60 (in millions)
Maximum aid intensity: 40,00 %
Duration of scheme or individual aid award: 12.9.2013-31.12.2013
Objective of aid: Investment in agricultural holdings (Art. 4 of Reg. (EC) No 1857/2006), Relocation of farm buildings in the public interest (Art. 6 of Reg. (EC) No 1857/2006)
Sector(s) concerned: Crop and animal production, hunting and related service activities
Name and address of the granting authority: 





Provincie Gelderland




Postbus 9090




6800 GX Arnhem




Website: http://sis.prv.gelderland.nl/infoman/
Other information: —