do-me/EUR-LEX huggingface dataset:
Case T-514/14: Action brought on 9 July 2014  — Hispavima v Commission
Date: 2014-07-09
Institutions: General Court
Subjects: State aid, contract terms, control of State aid, hire purchase, indemnification, investment, powers of the institutions (EU), principle of legal certainty, reimbursement of aid








C_2014303EN.01004901.xml










8.9.2014   


EN


Official Journal of the European Union


C 303/49





Action brought on 9 July 2014 — Hispavima v Commission
(Case T-514/14)
2014/C 303/57
Language of the case: Spanish

Parties


Applicant: Hispavima, SL (Murcia, Spain) (represented by: A. Ward, A. Barba and J. Torrecilla, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul the contested decision under Article 263 TFEU in so far as it declares the existence of State aid and orders its recovery from the investors in the Economic Interest Groupings (EIGs);










—


in the alternative, uphold the applicant’s claims and declare void the provision laid down in Article 4.1 of the decision, in fine, ordering recovery of the alleged aid, for infringement of the principles of legal certainty and of the protection of legitimate expectations, since, in any event, recovery of the aid cannot be ordered with effect from before the publication in the Official Journal of the European Union of the decision to open formal proceedings, on 21 September 2011; in addition, acknowledge that the principle of the protection of legitimate expectations applies to those EIGs that fulfilled the objective requirements for the application of the contested tax advantages prior to the publication of the 2006 decision in the Official Journal;










—


annul in part Article 2 of the decision and declare unlawful the methodology, set out in paragraphs 263 to 269 of the decision, used to determine the alleged advantage to be reimbursed by the investors, which should have included a series of deductions that were not taken into account;










—


annul in part Article 4.1 of the decision, since the Commission clearly acted ultra vires in declaring invalid, in Article 4.1 of the decision, contractual terms providing for compensation to be paid to the investors in the event that the tax advantages of the Spanish Tax Lease system were declared to be unlawful State aid; and










—


order the European Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those raised in Case T-401/14 Duro Felguera v Commission, Case T-700/13 Bankia v Commission and Case T-500/14 Derivados del Flúor v Commission
Special Report No 6/2014 ‘Cohesion policy funds support to renewable energy generation — has it achieved good results?’
Date: 2014-07-09
Institutions: European Court of Auditors
Subjects: Cohesion Fund, economic and social cohesion, energy production, renewable energy








C_2014215EN.01000401.xml










9.7.2014   


EN


Official Journal of the European Union


C 215/4





Special Report No 6/2014 ‘Cohesion policy funds support to renewable energy generation — has it achieved good results?’
2014/C 215/04
The European Court of Auditors hereby informs you that Special Report No 6/2014 ‘Cohesion policy funds support to renewable energy generation — has it achieved good results?’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Publications (PUB)




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Decision of the EEA Joint Committee No 155/2014 of 9 July 2014 amending Annex XXII (Company law) to the EEA Agreement [2015/90]
Date: 2014-07-09
Institutions: EEA Joint Committee
Subjects: European Economic Area, administrative check, auditing, foreign enterprise, qualitative analysis, revision of an agreement, third country




L_2015015EN.01008101.xml










22.1.2015   


EN


Official Journal of the European Union


L 15/81








            DECISION OF THE EEA JOINT COMMITTEE
         
No 155/2014
of 9 July 2014
         
amending Annex XXII (Company law) to the EEA Agreement [2015/90]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2013/288/EU of 13 June 2013 amending Decision 2011/30/EU on the equivalence of certain third country public oversight, quality assurance, investigation and penalty systems for auditors and audit entities and a transitional period for audit activities of certain third country auditors and audit entities in the European Union (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 10fd (Commission Decision 2011/30/EU) of Annex XXII to the EEA Agreement:

                  ‘, as amended by:






—



32013 D 0288: Commission Implementing Decision 2013/288/EU of 13 June 2013 (OJ L 163, 15.6.2013, p. 26).’
                     






Article 2
The texts of Implementing Decision 2013/288/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 10 July 2014, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 9 July 2014.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 163, 15.6.2013, p. 26.

(*1)  No constitutional requirements indicated.





Declaration by the EFTA States to Decision of the EEA Joint Committee No 155/2014 of 9 July 2014 incorporating Commission Implementing Decision 2013/288/EU into the EEA Agreement



            ‘Commission Implementing Decision 2013/288/EU of 13 June 2013 deals with equivalence for third countries. The incorporation of this Decision is without prejudice to the scope of the EEA Agreement.’
Euro exchange rates
Date: 2014-07-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2014215EN.01000301.xml










9.7.2014   


EN


Official Journal of the European Union


C 215/3





Euro exchange rates (1)

8 July 2014
2014/C 215/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3589




JPY


Japanese yen


138,26




DKK


Danish krone


7,4556




GBP


Pound sterling


0,79385




SEK


Swedish krona


9,2977




CHF


Swiss franc


1,2155




ISK


Iceland króna


 




NOK


Norwegian krone


8,3965




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,437




HUF


Hungarian forint


308,86




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,1344




RON


Romanian leu


4,3893




TRY


Turkish lira


2,8902




AUD


Australian dollar


1,4459




CAD


Canadian dollar


1,4508




HKD


Hong Kong dollar


10,5317




NZD


New Zealand dollar


1,5480




SGD


Singapore dollar


1,6898




KRW


South Korean won


1 375,88




ZAR


South African rand


14,5290




CNY


Chinese yuan renminbi


8,4280




HRK


Croatian kuna


7,6018




IDR


Indonesian rupiah


15 801,68




MYR


Malaysian ringgit


4,3102




PHP


Philippine peso


58,971




RUB


Russian rouble


46,5133




THB


Thai baht


44,011




BRL


Brazilian real


3,0196




MXN


Mexican peso


17,6589




INR


Indian rupee


81,2529






(1)  Source: reference exchange rate published by the ECB.
Case T-184/12: Judgment of the General Court of 9 July 2014  — Moonich Produktkonzepte & Realisierung v OHIM — Thermofilm Australia (HEATSTRIP) (Community trade mark — Opposition proceedings — Application for Community word mark HEATSTRIP — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 — Articles 75 and 76 of Regulation No 207/2009)
Date: 2014-07-09
Institutions: General Court
Subjects: EU trade mark, electrical engineering, registered trade mark, trade-mark law








C_2014282EN.01002701.xml










25.8.2014   


EN


Official Journal of the European Union


C 282/27





Judgment of the General Court of 9 July 2014 — Moonich Produktkonzepte & Realisierung v OHIM — Thermofilm Australia (HEATSTRIP)
(Case T-184/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark HEATSTRIP - Relative ground for refusal - Article 8(3) of Regulation (EC) No 207/2009 - Articles 75 and 76 of Regulation No 207/2009))
2014/C 282/34
Language of the case: German

Parties


Applicant: Moonich Produktkonzepte & Realisierung GmbH (Sauerlach b. München, Germany) (represented by: H. Pannen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Thermofilm Australia Pty Ltd (Melbourne, Australia) (represented by: J. Kroher and K. Bach, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2012 (Case R 1956/2010-1), relating to opposition proceedings between Thermofilm Australia Pty Ltd and Moonich Produktkonzepte & Realisierung GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Moonich Produktkonzepte & Realisierung GmbH to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Thermofilm Australia Pty Ltd.






(1)  OJ C 200, 7.7.2012.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council repealing Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food’ — COM(2014) 246 final — 2014/0132 COD
Date: 2014-07-09
Institutions: European Economic and Social Committee
Subjects: foodstuff, human nutrition, scientific committee (EU), scientific cooperation








C_2014451EN.01015701.xml










16.12.2014   


EN


Official Journal of the European Union


C 451/157





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council repealing Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food’
COM(2014) 246 final — 2014/0132 COD
(2014/C 451/26)
On 22 May 2014, the Council decided to consult the European Economic and Social Committee, under Article 114 of the TFEU, on the:

Proposal for a Directive of the European Parliament and of the Council repealing Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food.

COM(2014) 246 final — 2014/0132 COD.
Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its opinion CES 404/2001 — 2000/0286 COD, adopted on 28 March 2001 (1), it decided, at its 500th plenary session of 9 and 10 July 2014 (meeting of 9 July), by 185 votes to 1 with 2 abstentions, not to draw up a new opinion on the subject, but to refer to the position it had taken in the above-mentioned document.

Brussels, 9 July 2014.


The President of the European Economic and Social Committee

Henri MALOSSE




(1)  ESC opinion NAT/099 on the Proposal for a Regulation of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Authority, and laying down procedures in matters of food safety, 2001/C 155, page 32-38 of 29 May 2001.
Decision of the EEA Joint Committee No 154/2014 of 9 July 2014 amending Annex XIII (Transport) to the EEA Agreement [2015/89]
Date: 2014-07-09
Institutions: EEA Joint Committee
Subjects: EU financial instrument, EU growth strategy, European Economic Area, energy grid, revision of an agreement, trans-European network, transmission network, transport network




L_2015015EN.01008001.xml










22.1.2015   


EN


Official Journal of the European Union


L 15/80








            DECISION OF THE EEA JOINT COMMITTEE
         
No 154/2014
of 9 July 2014
         
amending Annex XIII (Transport) to the EEA Agreement [2015/89]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Article 29 of Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 41c (Regulation (EU) No 913/2010 of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:

                  ‘, as amended by:






—



32013 R 1316: Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 (OJ L 348, 20.12.2013, p. 129).’
                     






Article 2
The texts of Regulation (EU) No 1316/2013 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 10 July 2014, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 9 July 2014.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 348, 20.12.2013, p. 129.

(*1)  No constitutional requirements indicated.
Case C-334/14: Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 9 July 2014  — Belgian State v Nathalie De Fruytier
Date: 2014-07-09
Institutions: Court of Justice
Subjects: VAT, health service, tax exemption, transport company








C_2014303EN.01003101.xml










8.9.2014   


EN


Official Journal of the European Union


C 303/31





Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 9 July 2014 — Belgian State v Nathalie De Fruytier
(Case C-334/14)
2014/C 303/39
Language of the case: French

Referring court

Cour d’appel de Mons

Parties to the main proceedings


Applicant: Belgian State

Defendant: Ms Nathalie De Fruytier

Questions referred







1.


Do points (b) and (c) of Article 13(A)(1) of the Sixth VAT directive (1) mean that the transportation of samples and organs, for the purposes of medical analysis or medical or therapeutic care, by a third party who is self-employed and whose services are covered by the reimbursement made by the social security system to clinics and laboratories, are not exempt from VAT as services closely related to medical services, namely, as services intended to diagnose, treat and, in so far as is possible, cure diseases or health disorders?










2.


Can the activity of transporting samples and organs for the purposes of medical analysis or medical or therapeutic care, carried out by a third party who is self-employed and whose services are covered by the reimbursement made by the social security system to clinics and laboratories for medical analysis, qualify for the exemption from VAT provided for in Article 13(A)(1)(b) and (c) of the Sixth VAT directive?










3.


Must the concept of other duly recognised establishments of a similar nature, referred to in Article 13(A)(1)(b) of the Sixth Directive, be interpreted as covering private companies whose services consist in the transportation of human samples for the purposes of analysis essential to the therapeutic objectives of hospitals and centres for medical treatment?






(1)  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).
Commission Implementing Regulation (EU) No 744/2014 of 9 July 2014 entering a name in the register of protected designations of origin and protected geographical indications (Bœuf de Charolles (PDO))
Date: 2014-07-09
Institutions: European Commission
Subjects: Burgundy, France, Loire Region, Rhône-Alpes, beef, designation of origin, labelling, product designation








L_2014201EN.01000301.xml










10.7.2014   


EN


Official Journal of the European Union


L 201/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 744/2014
of 9 July 2014
         
entering a name in the register of protected designations of origin and protected geographical indications (Bœuf de Charolles (PDO))


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, France's application to register the name ‘Bœuf de Charolles’ 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, the name ‘Bœuf de Charolles’ 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, 9 July 2014.


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 42, 13.2.2014, p. 16.




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

Class 1.1. Fresh meat (and offal)

FRANCE
Bœuf de Charolles (PDO)
Non-opposition to a notified concentration (Case M.7243 — Amvest/NPM/Het Gastenhuis)  Text with EEA relevance
Date: 2014-07-09
Institutions: European Commission
Subjects: Netherlands, economic concentration, housing, investment company, merger control, social facilities, supplementary pension








C_2014215EN.01000101.xml










9.7.2014   


EN


Official Journal of the European Union


C 215/1





Non-opposition to a notified concentration
(Case M.7243 — Amvest/NPM/Het Gastenhuis)
(Text with EEA relevance)
2014/C 215/01
On 30 June 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in the English language 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/homepage.html?locale=en) under document number 32014M7243. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision of the EEA Joint Committee No 157/2014 of 9 July 2014 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2015/92]
Date: 2014-07-09
Institutions: EEA Joint Committee
Subjects: EU financial instrument, EU growth strategy, European Economic Area, energy grid, revision of an agreement, trans-European network, transmission network, transport network




L_2015015EN.01008501.xml










22.1.2015   


EN


Official Journal of the European Union


L 15/85








            DECISION OF THE EEA JOINT COMMITTEE
         
No 157/2014
of 9 July 2014
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2015/92]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (1).












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in paragraph 5 of Article 2 of Protocol 31 to the EEA Agreement:






‘—



32013 R 1316: Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).
The EFTA States shall only participate in the telecommunications sector of the Connecting Europe Facility.
Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme.’
                  






Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).
It shall apply from 1 January 2014.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 9 July 2014.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 348, 20.12.2013, p. 129.

(*1)  No constitutional requirements indicated.