do-me/EUR-LEX huggingface dataset:
Case C-586/12 P: Judgment of the Court (Tenth Chamber) of 19 December 2013 — Koninklijke Wegenbouw Stevin BV v European Commission (Appeal — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Fixing of the gross price of road pavement bitumen — Fixing of a rebate for road builders — Evidence — Principle of equal treatment — Unlimited jurisdiction — Proportionality of the fine — Review by the Court)
Date: 2013-12-19
Institutions: Court of Justice
Subjects: Netherlands, building materials, equal treatment, fine, fixing of prices, judicial review, jurisdiction, principle of proportionality, proof, reduced price, restriction on competition








C_2014052EN.01002102.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/21





Judgment of the Court (Tenth Chamber) of 19 December 2013 — Koninklijke Wegenbouw Stevin BV v European Commission
(Case C-586/12 P) (1)

(Appeal - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Fixing of the gross price of road pavement bitumen - Fixing of a rebate for road builders - Evidence - Principle of equal treatment - Unlimited jurisdiction - Proportionality of the fine - Review by the Court)
2014/C 52/36
Language of the case: Dutch

Parties


Appellant: Koninklijke Wegenbouw Stevin BV (represented by: E. Pijnacker Hordijk, lawyer)

Other party to the proceedings: European Commission (represented by: F. Ronkes Agerbeek, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber) of 27 September 2012 in Case T-357/06 Koninklijke Wegenbouw Stevin v Commission, by which the General Court dismissed an action, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant, and, in the alternative, for reduction of the fine imposed on the applicant by that decision

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Koninklijke Wegenbouw Stevin BV to pay the costs.






(1)  OJ C 71, 9.3.2013.
Case C-678/13: Action brought on 19 December 2013 — European Commission v Republic of Poland
Date: 2013-12-19
Institutions: Court of Justice
Subjects: Poland, VAT rate, infringement of EU law, medical device, pharmaceutical product








C_2014061EN.01000502.xml










1.3.2014   


EN


Official Journal of the European Union


C 61/5





Action brought on 19 December 2013 — European Commission v Republic of Poland
(Case C-678/13)
2014/C 61/08
Language of the case: Polish

Parties


Applicant: European Commission (represented by: L. Lozano Palacios and D. Milanowska, Agents)

Defendant: Republic of Poland

Form of order sought

The applicant claims that the Court should:






—


declare, on the basis of the first paragraph of Article 258 TFEU, that, by applying a reduced rate of VAT to, inter alia, supplies of:






—


medical equipment, aids and other appliances which are not intended for the exclusive personal use of disabled persons and/or which are not normally intended to alleviate or treat disability;










—


products such as, inter alia, disinfectants, products and preparations for pharmaceutical use, as well as spa products, which are not pharmaceutical products of a kind normally used for health care, prevention of illnesses or as treatment for medical and veterinary purposes, or products used for contraception and sanitary protection,




mentioned in Annex 3 to the Polish Law on VAT with reference to medical equipment, medical goods and pharmaceutical products, the Republic of Poland has failed to fulfil its obligations under Articles 96 to 98 of the VAT Directive, (1) in conjunction with Annex III to that directive;










—


order the Republic of Poland to pay the costs of the proceedings.





Pleas in law and main arguments

In support of its action the Commission submits that the Republic of Poland applies a reduced rate of VAT to goods which do not belong in any of the categories of goods mentioned in Annex III to the VAT Directive. Those goods must, however, be made subject to tax at the standard rate as they cannot come within the scope of the exception provided for in Article 98(2) of the Directive.
In the Commission’s view, the goods in issue cannot be classified as being either pharmaceutical products of a kind normally used for health case, prevention of illnesses and as a treatment for medical and veterinary purposes, or as equipment normally intended to alleviate or treat disability, for the exclusive personal use of disabled persons. Furthermore, several categories of goods covered by the reduced rate of VAT pursuant to the Polish provisions are unclear or formulated imprecisely, thereby making it impossible to determine which goods are in fact involved.


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Commission Implementing Regulation (EU) No 28/2014 of 19 December 2013 entering a name in the register of protected designations of origin and protected geographical indications [West Country Lamb (PGI)]
Date: 2013-12-19
Institutions: European Commission
Subjects: United Kingdom, designation of origin, product designation, sheepmeat








L_2014010EN.01000301.xml










15.1.2014   


EN


Official Journal of the European Union


L 10/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 28/2014
of 19 December 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [West Country Lamb (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the United Kingdom’s application to register the name ‘West Country Lamb’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that 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, 19 December 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 231, 9.8.2013, p. 9.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

UNITED KINGDOM
West Country Lamb (PGI)
Commission Implementing Regulation (EU) No 29/2014 of 19 December 2013 entering a name in the register of protected designations of origin and protected geographical indications [West Country Beef (PGI)]
Date: 2013-12-19
Institutions: European Commission
Subjects: United Kingdom, beef, designation of origin, product designation








L_2014010EN.01000501.xml










15.1.2014   


EN


Official Journal of the European Union


L 10/5








            COMMISSION IMPLEMENTING REGULATION (EU) No 29/2014
of 19 December 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [West Country Beef (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the United Kingdom’s application to register the name ‘West Country Beef’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that 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, 19 December 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 231, 9.8.2013, p. 14.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

UNITED KINGDOM
West Country Beef (PGI)
Case C-563/12: Judgment of the Court (Fifth Chamber) of 19 December 2013 (request for a preliminary ruling from the Kúria — Hungary) — BDV Hungary Trading Kft, in liquidation v Nemzeti Adó- és Vámhivatal Közép-magyarországi Regionális Adó Főigazgatósága (VAT — Directive 2006/112/EC — Article 146 — Exemptions on exportation — Article 131 — Conditions laid down by Member States — National legislation requiring that property intended to be exported leave the customs territory of the European Union within a fixed period of 90 days after supply)
Date: 2013-12-19
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, customs territory (EU), export (EU), tax exemption, tax harmonisation








C_2014052EN.01002101.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/21





Judgment of the Court (Fifth Chamber) of 19 December 2013 (request for a preliminary ruling from the Kúria — Hungary) — BDV Hungary Trading Kft, in liquidation v Nemzeti Adó- és Vámhivatal Közép-magyarországi Regionális Adó Főigazgatósága
(Case C-563/12) (1)

(VAT - Directive 2006/112/EC - Article 146 - Exemptions on exportation - Article 131 - Conditions laid down by Member States - National legislation requiring that property intended to be exported leave the customs territory of the European Union within a fixed period of 90 days after supply)
2014/C 52/35
Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings


Applicant: BDV Hungary Trading Kft, in liquidation

Defendant: Nemzeti Adó- és Vámhivatal Közép-magyarországi Regionális Adó Főigazgatósága

Re:

Request for a preliminary ruling — Kúria — Interpretation of Article 15 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization 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 Articles 131, 146 and 273 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Exemptions on exportation — Company producing and selling tinned food which sells goods intended to be sold by the purchaser in third countries — National legislation making the right to exemption from VAT with respect to the sale of goods for export outside the European Union subject to the condition that the period between the sale and the date when the goods leave the national territory does not exceed 90 days.

Operative part of the judgment

Articles 146(1) and 131 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national legislation under which, in the context of a supply for export, goods intended to be exported from the European Union must have left the territory of the European Union within a fixed period of three months or 90 days following the date of supply, where merely exceeding that time-limit results in the definitive loss for the taxable person of the right to exemption in relation to that supply.


(1)  OJ C 114, 20.4.2013.
Case T-32/13 P: Order of the General Court of 19 December 2013 — da Silva Tenreiro v Commission (Appeal — Civil service — Officials — Recruitment — Vacancy notice — Nomination to post of Director of Directorate A ‘Civil Justice’ in the Commission’s Directorate General ‘Justice’ — Rejection of the applicant’s candidature — Nomination of another candidate — Misuse of powers — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2013-12-19
Institutions: General Court
Subjects: European civil service, abuse of power, equal treatment, job vacancy, professional experience, proof, vocational training








C_2014045EN.01003202.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/32





Order of the General Court of 19 December 2013 — da Silva Tenreiro v Commission
(Case T-32/13 P) (1)

(Appeal - Civil service - Officials - Recruitment - Vacancy notice - Nomination to post of Director of Directorate A ‘Civil Justice’ in the Commission’s Directorate General ‘Justice’ - Rejection of the applicant’s candidature - Nomination of another candidate - Misuse of powers - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2014/C 45/54
Language of the case: French

Parties


Appellant: Mario Paulo da Silva Tenreiro (Kraainem, Belgium) (represented by: S. Orlandi, J.-N. Louis and D. de Abreu Caldas, lawyers)

Other party to the proceedings: European Commission (represented by: B. Eggers and C. Ehrbar, acting as Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 14 November 2012 in Case F-120/11 da Silva Tenreiro v Commission, seeking annulment of that judgment.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Mario Paulo da Silva Tenreiro shall bear his own costs and pay those incurred by the European Commission in the present proceedings.






(1)  OJ C 86, 23.3.2013.
Case T-634/11 P: Order of the General Court of 19 December 2013 — da Silva Tenreiro v Commission (Appeal — Civil service — Officials — Recruitment — Vacancy notice — Appointment to post of Director of Directorate E ‘Justice’ in the Commission’s Directorate General ‘Justice, Freedom and Security’ — Rejection of the appellant’s candidature — Appointment of another candidate — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2013-12-19
Institutions: General Court
Subjects: appointment of staff, area of freedom, security and justice, equal treatment, recruitment, rights of the defence








C_2014045EN.01003002.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/30





Order of the General Court of 19 December 2013 — da Silva Tenreiro v Commission
(Case T-634/11 P) (1)

(Appeal - Civil service - Officials - Recruitment - Vacancy notice - Appointment to post of Director of Directorate E ‘Justice’ in the Commission’s Directorate General ‘Justice, Freedom and Security’ - Rejection of the appellant’s candidature - Appointment of another candidate - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2014/C 45/49
Language of the case: French

Parties


Appellant: Mario Paulo da Silva Tenreiro (Kraainem, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Other party to the proceedings: European Commission (represented by: B. Eggers and L. Baquero Cruz, acting as Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 29 September 2011 in Case F-72/10 da Silva Tenreiro v Commission, seeking annulment of that judgment.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Mario Paulo da Silva Tenreiro shall bear his own costs and pay those incurred by the European Commission in the present proceedings.






(1)  OJ C 32, 4.2.2012.
2013/793/EU: Commission Decision of 19 December 2013 amending Decision 2007/506/EC in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to soaps, shampoos and hair conditioners (notified under document C(2013) 9223)  Text with EEA relevance
Date: 2013-12-19
Institutions: European Commission
Subjects: biodegradability, cosmetic product, dangerous substance, eco-label, preparation for market, product safety, toxicology




L_2013349EN.01010401.xml










21.12.2013   


EN


Official Journal of the European Union


L 349/104








            COMMISSION DECISION
         
of 19 December 2013
         
amending Decision 2007/506/EC in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to soaps, shampoos and hair conditioners
(notified under document C(2013) 9223)
(Text with EEA relevance)
(2013/793/EU)


THE EUROPEAN COMMISSION

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


Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular point (c) of Article 8(3) thereof,


After consulting the European Union Eco-Labelling Board,

Whereas:







(1)


Commission Decision 2007/506/EC of 21 June 2007 establishing the ecological criteria for the award of the Community eco-label to soaps, shampoos and hair conditioners (2) expires on 31 December 2013.












(2)


An assessment has been carried out to evaluate the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by this Decision. Given the stage of the revision process for that Decision, it is appropriate to prolong the period of validity of the ecological criteria and the related assessment and verification requirements which it set out. The period of validity of the ecological criteria and the related assessment and verification requirements set out in Decision 2007/506/EC should be prolonged until 31 December 2014.












(3)


Decision 2007/506/EC should therefore be amended accordingly.












(4)


The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010





HAS ADOPTED THIS DECISION:



Article 1
Article 4 of Decision 2007/506/EC is replaced by the following:

‘Article 4
The ecological criteria for the product group “soaps, shampoos and hair-conditioners”, as well as the related assessment and verification requirements, shall be valid until 31 December 2014.’



Article 2
This Decision is addressed to the Member States.




Done at Brussels, 19 December 2013.


For the Commission

Janez POTOČNIK
            

Member of the Commission






(1)  
            OJ L 27, 30.1.2010, p. 1.

(2)  
            OJ L 186, 18.7.2007, p. 36.