do-me/EUR-LEX huggingface dataset:
Case C-263/12: Judgment of the Court (Sixth Chamber) of 17 October 2013 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Commission Decision ordering recovery of aid — Failure to comply with a Commission Decision)
Date: 2013-10-17
Institutions: Court of Justice
Subjects: State aid, action for failure to fulfil an obligation, control of State aid, infringement of EU law, legality, mining extraction, non-metallic ore, single market








C_2013367EN.01001502.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/15





Judgment of the Court (Sixth Chamber) of 17 October 2013 — European Commission v Hellenic Republic
(Case C-263/12) (1)

(Failure of a Member State to fulfil obligations - State aid - Commission Decision ordering recovery of aid - Failure to comply with a Commission Decision)
2013/C 367/25
Language of the case: Greek

Parties


Applicant: European Commission (represented by: M. Patakia and B. Stromsky, acting as Agents)

Defendant: Hellenic Republic (represented by: P. Mylonopoulos, K. Boskovits, G. Kanellopoulos and M. Karageorgou, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3 and 4 of Commission Decision 2011/452/EU of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E. (notified under document C(2011) 1006) (OJ 2011 L 193, p. 27) — Failure to take all the measures necessary for the recovery of aid which has been found to be unlawful and incompatible with the common market

Operative part of the judgment

The Court:






1.


Declares that, by not adopting within the prescribed period all the measures necessary to recover from Ellinikos Khrisos A.E. the aid granted to that undertaking on the sale, by the Greek State, of immovable property, aid declared to be unlawful and incompatible with the common market by Commission Decision C(2011) 1006 final of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Khrisos A.E., the Hellenic Republic has failed to fulfil its obligations under Articles 2 and 3 of that decision.










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 217, 21.7.2012.
Case C-344/12: Judgment of the Court (Eighth Chamber) of 17 October 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Aid granted by the Italian Republic for the benefit of Alcoa Trasformazioni — Commission Decision 2010/460/EC declaring that aid to be incompatible and ordering its recovery — Failure to implement within the prescribed period)
Date: 2013-10-17
Institutions: Court of Justice
Subjects: Italy, State aid, action for failure to fulfil an obligation, control of State aid, metallurgical industry








C_2013367EN.01001801.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/18





Judgment of the Court (Eighth Chamber) of 17 October 2013 — European Commission v Italian Republic
(Case C-344/12) (1)

(Failure of a Member State to fulfil obligations - State aid - Aid granted by the Italian Republic for the benefit of Alcoa Trasformazioni - Commission Decision 2010/460/EC declaring that aid to be incompatible and ordering its recovery - Failure to implement within the prescribed period)
2013/C 367/30
Language of the case: Italian

Parties


Applicant: European Commission (represented by: G. Conte and D. Grespan, acting as Agents)

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

Re:

Failure of a Member State to fulfil obligations — Failure to have adopted the necessary measures to comply with Articles 2, 3 and 4 of Commission Decision C(2009) 8112 final of 19 November 2009, concerning State aids C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006), implemented by the Italian Republic for Alcoa Trasformazioni srl, and infringement of Article 288 TFEU

Operative part of the judgment

The Court:






1.


Declares that, by not adopting within the prescribed period all the measures necessary to recover from the beneficiary of the State aid declared to be unlawful and incompatible with the common market under Article 1 of Commission Decision 2010/460/EC of 19 November 2009 concerning State aids Nos C 38/A/2004 (ex NN 58/2004) and C 36/B/2006 (ex NN 38/2006) implemented by Italy for Alcoa Trasformazioni, the Italian Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 287, 22.9.2012
Case C-181/12: Judgment of the Court (Third Chamber) of 17 October 2013 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Yvon Welte v Finanzamt Velbert (Free movement of capital — Articles 56 EC to 58 EC — Inheritance tax — Deceased person and heir resident in a third country — Estate — Immovable property located in a Member State — Right to an allowance against the taxable value — Different treatment of residents and non-residents)
Date: 2013-10-17
Institutions: Court of Justice
Subjects: EU Member State, EU law - national law, capital transfer tax, equal treatment, free movement of capital, interpretation of the law, real property, residence, tax relief, third country








C_2013367EN.01001102.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/11





Judgment of the Court (Third Chamber) of 17 October 2013 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Yvon Welte v Finanzamt Velbert
(Case C-181/12) (1)

(Free movement of capital - Articles 56 EC to 58 EC - Inheritance tax - Deceased person and heir resident in a third country - Estate - Immovable property located in a Member State - Right to an allowance against the taxable value - Different treatment of residents and non-residents)
2013/C 367/18
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Yvon Welte

Defendant: Finanzamt Velbert

Re:

Request for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation of Articles 63 and 65 TFEU — Legislation of a Member State on inheritance tax fixing the tax-free part of the value of land at EUR 2 000 if the deceased person and the acquirer are resident in a third country, whereas the tax-free part is EUR 500 000 if either the deceased person or the acquirer is resident in the national territory

Operative part of the judgment

Articles 56 EC and 58 EC must be interpreted as precluding legislation of a Member State relating to the calculation of inheritance tax which provides that, in the event of inheritance of immovable property in that State, in a case where, as in the main proceedings, the deceased and the heir had a permanent residence in a third country, such as the Swiss Confederation, at the time of the death, the tax-free allowance is less than the allowance which would have been applied if at least one of them had been resident in that Member State at that time.


(1)  OJ 2012 C 174, p. 20
Notice of open competition
Date: 2013-10-17
Institutions: European Personnel Selection Office
Subjects: EPSO, Germany, Latvia, Netherlands, Portugal, administrator, competition (EU), legal profession








C_2013301EN.01001501.xml










17.10.2013   


EN


Official Journal of the European Union


C 301/15





NOTICE OF OPEN COMPETITION
2013/C 301/05
The European Personnel Selection Office (EPSO) is organising the following open competition:






 


EPSO/AD/267/13 — Lawyer linguists (AD 7) German (DE)










 


EPSO/AD/268/13 — Lawyer linguists (AD 7) Latvian (LV)










 


EPSO/AD/269/13 — Lawyer linguists (AD 7) Dutch (NL)










 


EPSO/AD/270/13 — Lawyer linguists (AD 7) Portugese (PT)




The competition notice is published in 24 languages in Official Journal C 301 A of 17 October 2013.
Further information can be found on the EPSO website http://blogs.ec.europa.eu/eu-careers.info/
Case C-543/13: Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 17 October 2013 — Raad van bestuur van de Sociale verzekeringsbank v E. Fischer-Lintjens
Date: 2013-10-17
Institutions: Court of Justice
Subjects: health service, social-security benefit, social-security contribution








C_2014015EN.01000601.xml










18.1.2014   


EN


Official Journal of the European Union


C 15/6





Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 17 October 2013 — Raad van bestuur van de Sociale verzekeringsbank v E. Fischer-Lintjens
(Case C-543/13)
2014/C 15/07
Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings


Appellant: Raad van bestuur van de Sociale verzekeringsbank

Respondent: E. Fischer-Lintjens

Questions referred







1.


Must the term ‘payable’, as used in Article 27 et seq. of Regulation (EEC) No 1408/71, (1) be interpreted as meaning that the decisive factor for the purpose of determining the point in time from which a pension is payable is the date of the decision to make an award, after which the pension is paid, or the commencement date of the pension awarded with retroactive effect?










2.


If the term ‘payable’ refers to the commencement date of the pension awarded with retroactive effect:
Can this be reconciled with the fact that the person entitled to receive the pension who comes under Article 27 of Regulation (EEC) No 1408/71 cannot, under Netherlands legislation, take out medical care insurance with the same retroactive effect?






(1)  Council Regulation (EEC) No 1408/71 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).