do-me/EUR-LEX huggingface dataset:
Joined Cases C-618/11, C-637/11 and C-659/11: Judgment of the Court (Third Chamber) of 5 December 2013 (requests for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — TVI Televisão Independente SA v Fazenda Pública (Taxation — VAT — Sixth Directive 77/388/EEC — Article 11(A)(1)(a), (2)(a) and (3)(c) — Directive 2006/112/EC — Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 — Taxable amount for the VAT payable on commercial advertising screening services — Commercial advertising screening tax)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: EU law - national law, Portugal, VAT, advertising, basis of tax assessment, provision of services, tax collection








C_2014045EN.01000701.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/7





Judgment of the Court (Third Chamber) of 5 December 2013 (requests for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — TVI Televisão Independente SA v Fazenda Pública
(Joined Cases C-618/11, C-637/11 and C-659/11) (1)

(Taxation - VAT - Sixth Directive 77/388/EEC - Article 11(A)(1)(a), (2)(a) and (3)(c) - Directive 2006/112/EC - Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 - Taxable amount for the VAT payable on commercial advertising screening services - Commercial advertising screening tax)
2014/C 45/12
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Appellant: TVI Televisão Independente SA

Respondent: Fazenda Pública

Intervener: Ministério Público

Re:

Request for a preliminary ruling — Supremo Tribunal Administrativo — Interpretation of Article 11(A)(1)(a) and (3)(c) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) and of Article 73 and point (c) of the first paragraph of Article 79 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Concept of consideration which has been or is to be obtained by the supplier for certain supplies — Tax payable on the broadcasting of commercial advertising.

Operative part of the judgment

On a proper construction of Article 11(A)(1)(a), (2)(a) and (3)(c) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment and Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, a tax such as the ‘screening tax’ provided for under Portuguese legislation for the benefit of the cinematographic and audiovisual arts must be included in the taxable amount for the purposes of the VAT payable on services consisting in the screening of commercial advertising.


(1)  OJ C 49, 18.2.2012.
Notice of open competition
Date: 2013-12-05
Institutions: European Commission
Subjects: EPSO, accounting, assistant, competition (EU), economy, legal profession








C_2013355EN.01000901.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/9





NOTICE OF OPEN COMPETITION
2013/C 355/08
The European Personnel Selection Office (EPSO) is organising the following open competition:
EPSO/AST/129/13 — Assistants (AST 3) in the following fields:






1.


Accounting/Financial management










2.


Economy/Finance










3.


Legal matters




The competition notice is published in 24 languages in Official Journal C 355 A of 5 December 2013.
Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/
Case C-508/12: Judgment of the Court (Ninth Chamber) of 5 December 2013 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Walter Vapenik v Josef Thurner (Area of freedom, security and justice — Regulation (EC) No 805/2004 — European enforcement order for uncontested claims — Requirements for certification as an enforcement order — Situation in which the judgment was given in the Member State of the creditor in a dispute between two persons not engaged in commercial or professional activities)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: area of freedom, security and justice, claim, consumer protection








C_2014045EN.01001402.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/14





Judgment of the Court (Ninth Chamber) of 5 December 2013 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Walter Vapenik v Josef Thurner
(Case C-508/12) (1)

(Area of freedom, security and justice - Regulation (EC) No 805/2004 - European enforcement order for uncontested claims - Requirements for certification as an enforcement order - Situation in which the judgment was given in the Member State of the creditor in a dispute between two persons not engaged in commercial or professional activities)
2014/C 45/25
Language of the case: German

Referring court

Landesgericht Salzburg

Parties to the main proceedings


Applicant: Walter Vapenik

Defendant: Josef Thurner

Re:

Request for a preliminary ruling — Landesgericht Salzburg — Interpretation of Article 6(1)(d) of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ 2004 L 143, p. 15) — Conditions for certification as an enforcement order in a decision relating to an uncontested claim — Situation in which the decision has been delivered in the creditor’s Member State in a dispute between two consumers.

Operative part of the judgment

Article 6(1)(d) of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims must be interpreted as meaning that it does not apply to contracts concluded between two persons who are not engaged in commercial or professional activities.


(1)  OJ C 46, 16.2.2013.
Commission Implementing Regulation (EU) No 1267/2013 of 5 December 2013 amending for the 207th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
Date: 2013-12-05
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








L_2013326EN.01003901.xml










6.12.2013   


EN


Official Journal of the European Union


L 326/39








            COMMISSION IMPLEMENTING REGULATION (EU) No 1267/2013
of 5 December 2013
         
amending for the 207th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(1) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 25 November 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to add one natural person to its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.












(3)


Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,












(4)


In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 2013.


For the Commission, On behalf of the President,

the Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry shall be added under the heading ‘Natural persons’:


            ‘Abd-Al-Hamid Al-Masli (alias (a) Abd-al-Hamid Muhammad Abd-al-Hamid Al-Masli, (b) Abd-al-Hamid Musalli, (c) Hamid Masli, (d) Hamza al-Darnawi, (e) Hamzah al-Darnawi, (f) Hamza Darnawi, (g) Hamzah Darnawi, (h) Hamzah Dirnawi, (i) Hamza Darnavi, (j) Hamza al-Darnavi, (k) Abdullah Darnawi, (l) Abu-Hamzah al-Darnawi). Date of birth: 1976. Place of birth: (a) Darnah, Libya (b) Danar, Libya. Nationality: Libyan. Other information: Reportedly located in Waziristan, Federally Administered Tribal Areas, Pakistan. Date of designation referred to in Article 2a (4) (b): 26.11.2013.’
Case C-646/13: Request for a preliminary ruling from the Curtea de Apel Galați (Romania) lodged on 5 December 2013 — Casa Județeană de Pensii Brăila v E.S.
Date: 2013-12-05
Institutions: Court of Justice
Subjects: bilateral relations, interpreting, pension scheme, social-security contribution








C_2014039EN.01001401.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/14





Request for a preliminary ruling from the Curtea de Apel Galați (Romania) lodged on 5 December 2013 — Casa Județeană de Pensii Brăila v E.S.
(Case C-646/13)
2014/C 39/22
Language of the case: Romanian

Referring court

Curtea de Apel Galați

Parties to the main proceedings


Appellant: Casa Județeană de Pensii Brăila

Respondent: E.S.

Questions referred







1.


Must Article 8(1) of Regulation (EC) No 883/2004 (1) be interpreted as excluding the application of a bilateral convention on social security which was entered into prior to application of that regulation and does not appear in Annex II to that regulation, under circumstances in which the rules applicable under that bilateral convention prove to be more favourable for the insured person than would be the case under the rules based on that regulation?










2.


When an assessment is made as to whether the bilateral convention is more favourable, does Article 8(1) of Regulation (EC) No 883/2004 require the view to be taken that it is necessary to remain within the legal interpretation of the bilateral convention or is it also necessary to include the specific detailed arrangements for application (regarding the quantum of the pension which can be granted by each State, the payment of which is determined by reference to the application/exclusion of application of the convention by the regulation)?










3.


In the event of a negative answer to the first question (to the effect that application of the bilateral convention on social security is not excluded), is it possible to regard as more favourable, within the meaning of Article 8(1) of Regulation (EC) No 883/2004, legal rules on the basis of which a State signatory to the convention on social security recognises a shorter contributory period than that actually completed, and that State pays a pension of a greater amount than that to which entitlement would arise if the entire contributory period in the joint-signatory State were to be recognised?






(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
Case C-561/12: Judgment of the Court (Fourth Chamber) of 5 December 2013 (request for a preliminary ruling from the Riigikohus — Estonia) — Nordecon AS, Ramboll Eesti AS v Rahandusministeerium (Public procurement — Negotiated procedure with prior publication of a contract notice — Whether possible for the contracting authority to negotiate on tenders which do not comply with the mandatory requirements of the technical specifications relating to the contract)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: administrative contract, invitation to tender, technical specification








C_2014045EN.01001601.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/16





Judgment of the Court (Fourth Chamber) of 5 December 2013 (request for a preliminary ruling from the Riigikohus — Estonia) — Nordecon AS, Ramboll Eesti AS v Rahandusministeerium
(Case C-561/12) (1)

(Public procurement - Negotiated procedure with prior publication of a contract notice - Whether possible for the contracting authority to negotiate on tenders which do not comply with the mandatory requirements of the technical specifications relating to the contract)
2014/C 45/28
Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings


Appellants: Nordecon AS, Ramboll Eesti AS

Respondents: Rahandusministeerium

Re:

Request for a preliminary ruling — Riigikohus — Interpretation of Article 30(2) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) — Negotiated procedure with publication of a contract notice — Whether or not possible for the contracting authority to enter into negotiations on tenders that do not satisfy the mandatory requirements of the technical specifications set out in the contract documents — Technical specifications amended during the negotiations — Whether the public contract may be awarded to a tenderer submitting a tender that does not meet those technical specifications.

Operative part of the judgment

Article 30(2) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts does not allow the contracting authority to negotiate with tenderers tenders that do not comply with the mandatory requirements laid down in the technical specifications of the contract.


(1)  OJ C 38, 9.2.2013.
Joined Cases C-159/12 to C-161/12: Judgment of the Court (Fourth Chamber) of 5 December 2013 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia — Italy) — Alessandra Venturini v ASL Varese and Others (C-159/12), Maria Rosa Gramegna v ASL Lodi and Others (C-160/12), Anna Muzzio v ASL Pavia and Others (C-161/12) (Freedom of establishment — Article 49 TFEU — Public health — National legislation prohibiting para-pharmacies from selling prescription-only medicinal products the cost of which is borne by the patient)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: EU law - national law, market approval, medicinal product, pharmacy, public health, right of establishment








C_2014045EN.01000801.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/8





Judgment of the Court (Fourth Chamber) of 5 December 2013 (request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia — Italy) — Alessandra Venturini v ASL Varese and Others (C-159/12), Maria Rosa Gramegna v ASL Lodi and Others (C-160/12), Anna Muzzio v ASL Pavia and Others (C-161/12)
(Joined Cases C-159/12 to C-161/12) (1)

(Freedom of establishment - Article 49 TFEU - Public health - National legislation prohibiting para-pharmacies from selling prescription-only medicinal products the cost of which is borne by the patient)
2014/C 45/14
Language of the case: Italian

Referring court

Tribunale amministrativo regionale per la Lombardia

Parties to the main proceedings


Applicants: Alessandra Venturini (C-159/12), Maria Rosa Gramegna (C-160/12), Anna Muzzio (C-161/12)

Defendants: ASL Varese, Ministero della Salute, Regione Lombardia, Comune di Saronno, Agenzia Italiana del Farmaco (AIFA) (C-159/12), ASL Lodi, Ministero della Salute, Regione Lombardia, Comune di Sant’Angelo Lodigiano, Agenzia Italiana del Farmaco (AIFA) (C-160/12), ASL Pavia, Ministero della Salute, Regione Lombardia, Comune di Bereguardo, Agenzia Italiana del Farmaco (AIFA)(C-161/12)

Intervener: Federfarma — Federazione Nazionale Unitaria dei Titolari di Farmacia Italiani (C-159/12 to C-161/12),

Re:

Requests for a preliminary ruling — Tribunale Amministrativo Regionale per la Lombardia — Interpretation of Articles 18 and 56 TFEU and of Articles 101 and 102 TFEU — National legislation prohibiting para-pharmacies from selling prescription-only medicinal products the cost of which is borne by the patient.

Operative part of the judgment

Article 49 TFEU must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which does not allow a pharmacist, who is qualified and registered with the professional body but does not own a pharmacy in the grid, also to offer for retail sale, in the para-pharmacy owned by that pharmacist, prescription-only medicinal products the cost of which is borne not by the national health service but wholly by the purchaser.


(1)  OJ C 157, 2.6.2012.
Case C-534/12 P: Order of the Court of Justice (Tenth Chamber) of 5 December 2013 — Luigi Marcuccio v European Commission (Appeal — Action for review — Order of the General Court of the European Union declaring the action inadmissible — Assignment — Reassignment from the delegation in Luanda (Angola) to Brussels (Belgium) — Decision to pack and remove the applicant’s personal effects in his absence — Consequences of a later judgment of the General Court)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: Angola, Belgium, infringement of EU law, reassignment








C_2014052EN.01002202.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/22





Order of the Court of Justice (Tenth Chamber) of 5 December 2013 — Luigi Marcuccio v European Commission
(Case C-534/12 P) (1)

(Appeal - Action for review - Order of the General Court of the European Union declaring the action inadmissible - Assignment - Reassignment from the delegation in Luanda (Angola) to Brussels (Belgium) - Decision to pack and remove the applicant’s personal effects in his absence - Consequences of a later judgment of the General Court)
2014/C 52/38
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (represented by: G. Cipressa, avvocato)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, acting as Agents)

Re:

Appeal against the order of the General Court (Third Chamber) of 11 September 2012 in Case T-241/03 REV Marcuccio v Commission by which that court dismissed an application for review of the order of the General Court of 17 May 2006 in Case T-241/03 Marcuccio v Commission — Breach of the first subparagraph of Article 64(4) and Article 127(2) of the Rules of Procedure of the General Court — Breach of the first and second subparagraphs of Article 44 of the Statute of the Court of Justice — Breach of Article 47 of the Charter of Fundamental Rights of the European Union.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to pay the costs.






(1)  OJ C 71, 9.3.2013
Non-opposition to a notified concentration (Case COMP/M.6851 — Baxter International/Gambro)  Text with EEA relevance
Date: 2013-12-05
Institutions: European Commission
Subjects: economic concentration, medical research, merger control, nursing staff








C_2013355EN.01000301.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/3





Non-opposition to a notified concentration
(Case COMP/M.6851 — Baxter International/Gambro)
(Text with EEA relevance)
2013/C 355/02
On 22 July 2013, 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 32013M6851. EUR-Lex is the online access to the European law.
Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
Date: 2013-12-05
Institutions: European Commission
Subjects: EU Member State, customs regulations, exchange of information, harmonisation of standards, tariff nomenclature








C_2013355EN.01000101.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/1





Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature
2013/C 355/01
Binding Tariff Information ceases to be valid from this day if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures:
Amendments to the Harmonised System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC1874 — report of the 51st Session of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER ARTICLE 8 PROCEDURE OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE OF THE WORLD CUSTOMS ORGANISATION

(51st SESSION OF THE HSC IN MARCH 2013)
DOC. NC1874

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention







15.09


N/24




17.04


N/2




20.08


N/2




28.17


N/22




Chapter 29


N/21




Chapter 29 — List I


N/23




29.22


N/20




71.13


N/26





Classification Opinions approved by the HS Committee







3808.91/4


N/3




3924.90/2-3-4


N/4




6907.90/1


N/5




7019.39/1


N/6




7321.89/1


N/7




7326.90/8


N/8




8205.51/1-2


N/9




8426.41/2


N/10




8471.30/4


N/11




8528.51/2


N/12




8528.51/3-4


N/13




8541.29/1


N/14




8703.33/2


N/15




8705.90/1


N/16




8708.99/4-5


N/17




9006.30/1


N/18




9006.91/1


N/19




Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, 1049 Brussels, Belgium) or can be downloaded from the Internet site of this Directorate-General:
http://ec.europa.eu/comm/taxation_customs/customs/customs_duties/tariff_aspects/harmonised_system/index_en.htm