do-me/EUR-LEX huggingface dataset:
Case C-463/14: Request for a preliminary ruling from the Аdministrativen sad — Varna (Bulgaria) lodged on 8 October 2014  — Asparuhovo Lake Investment Company OOD v Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
Date: 2014-10-08
Institutions: Court of Justice
Subjects: VAT, consultancy, provision of services, tax collection








C_2014439EN.01002402.xml










8.12.2014   


EN


Official Journal of the European Union


C 439/24





Request for a preliminary ruling from the Аdministrativen sad — Varna (Bulgaria) lodged on 8 October 2014 — Asparuhovo Lake Investment Company OOD v Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
(Case C-463/14)
(2014/C 439/33)
Language of the case: Bulgarian

Referring court

Аdministrativen sad

Parties to the main proceedings


Applicant: Asparuhovo Lake Investment Company OOD

Defendant: Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite

Questions referred







1.


Should Article 24(1) and point (b) of Article 25 of Directive 2006/112/EC (1) be interpreted as meaning that the term ‘supply of services’ also covers cases involving subscription contracts for the supply of consulting services such as those at issue in the main proceedings, namely where a supplier, having qualified personnel available for supplying the services, has agreed to be on call for the customer during the term of the contract and has undertaken to refrain from entering into similar contracts with the customer’s competitors?










2.


Should Articles 64(1) and 63 of Directive 2006/112/EC be interpreted as meaning that, for subscribed consulting services, the chargeable event occurs on expiry of the period for which the payment was agreed, irrespective of whether and how often the customer makes use of the supplier’s on-call services?










3.


Should Article 62(2) of Directive 2006/112/EC be interpreted as meaning that a person supplying services in connection with a subscription consulting contract is obligated to charge value added tax for the services on expiry of the period for which the subscription fee was agreed, or does this obligation arise only if the customer has made use of the consultant’s services?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, p. 1).
Case C-462/14: Request for a preliminary ruling from the Tribunale di Bari (Italia) lodged on 8 October 2014  — Criminal proceedings against Lorenzo Carlucci
Date: 2014-10-08
Institutions: Court of Justice
Subjects: award of contract, cessation of trading, equal treatment, game of chance, invitation to tender, service concession, transparency in decision-making








C_2014448EN.01001202.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/12





Request for a preliminary ruling from the Tribunale di Bari (Italia) lodged on 8 October 2014 — Criminal proceedings against Lorenzo Carlucci
(Case C-462/14)
(2014/C 448/16)
Language of the case: Italian

Referring court

Tribunale di Bari

Parties to the main proceedings

Lorenzo Carlucci

Questions referred







1)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 [in Joined Cases C-72/10 and C-77/10], to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 in Joined Cases C-72/10 and C-77/10, to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?










3)


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU, as also construed in the judgment of the Court of Justice of the European Union of 16 February 2012 in Joined Cases C-72/10 and C-77/10, to be interpreted as precluding the imposition of an obligation to transfer, free of charge, the use of tangible and intangible assets represented by the betting management and collection network in the event that the activity has ceased owing to the expiry of the licence or as a result of measures disqualifying the licence-holder or withdrawing the licence?
Non-opposition to a notified concentration (Case M.7371 — Nordic Capital / Lindorff)  Text with EEA relevance
Date: 2014-10-08
Institutions: European Commission
Subjects: economic concentration, investment company, merger control








C_2014354EN.01000101.xml










8.10.2014   


EN


Official Journal of the European Union


C 354/1





Non-opposition to a notified concentration
(Case M.7371 — Nordic Capital / Lindorff)
(Text with EEA relevance)
(2014/C 354/01)
On 18 September 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 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 32014M7371. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
2014/705/EU: Council Decision of 8 October 2014 appointing a United Kingdom member of the European Economic and Social Committee
Date: 2014-10-08
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, United Kingdom, appointment of members








L_2014295EN.01005701.xml










11.10.2014   


EN


Official Journal of the European Union


L 295/57








            COUNCIL DECISION
         
of 8 October 2014
         
appointing a United Kingdom member of the European Economic and Social Committee

(2014/705/EU)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the United KingdomGovernment,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Mr Bryan CASSIDY,





HAS ADOPTED THIS DECISION:



Article 1
Mr David YEANDLE OBE is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 8 October 2014.


For the Council


The President

M. LUPI
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2014-10-08
Institutions: United Kingdom
Subjects: Netherlands, continental shelf, extraction of oil, hydrocarbon, mineral prospecting, petroleum exploration, public contract








C_2014354EN.01001201.xml










8.10.2014   


EN


Official Journal of the European Union


C 354/12





Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
(2014/C 354/11)
The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block E7 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).
With reference to the Directive mentioned in the introduction and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block E7 of the Dutch continental shelf.
The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:





The Minister for Economic Affairs




attn.: Mr P. Jongerius, Energy Market Directorate




Bezuidenhoutseweg 73




Postbus 20401




2500 EK Den Haag




NEDERLAND




Applications received after the expiry of this period will not be considered.
A decision on the applications will be taken not later than 12 months after this period has expired.
Further information can be obtained by calling Mr E. J. Hoppel on the following telephone number: +31 703797762.
Cases T-122/13 and T-123/13: Judgment of the General Court of 8 October 2014  — Laboratoires Polive v OHIM — Arbora & Ausonia (dodie) (Community trade mark — Opposition proceedings — Application for Community figurative mark dodie — Earlier national word marks DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2014-10-08
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2014409EN.01003602.xml










17.11.2014   


EN


Official Journal of the European Union


C 409/36





Judgment of the General Court of 8 October 2014 — Laboratoires Polive v OHIM — Arbora & Ausonia (dodie)
(Cases T-122/13 and T-123/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark dodie - Earlier national word marks DODOT - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
2014/C 409/52
Language of the case: English

Parties


Applicant: Laboratoires Polive (Levallois-Perret, France) (represented by: A. Sion, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arbora & Ausonia, SLU (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)

Re:

Two actions brought against two decisions of the Second Board of Appeal of OHIM of 28 November 2012 (Cases R 2324/2011-2 and R 2325/2011-2, respectively) relating to two sets of opposition proceedings between Arbora & Ausonia, SLU and Laboratoires Polive.

Operative part of the judgment

The Court:






1.


Joins Cases T-122/13 and T-123/13 for the purposes of the judgment;










2.


Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Cases R 2324/2011-2 and R 2325/2011-2);










3.


Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive;










4.


Orders Arbora & Ausonia, SLU to bear its own costs.






(1)  OJ C 123, 27.4.2013.
Information communicated by Member States regarding closure of fisheries
Date: 2014-10-08
Institutions: European Commission
Subjects: Belgium, EU waters, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2014354EN.01001002.xml










8.10.2014   


EN


Official Journal of the European Union


C 354/10





Information communicated by Member States regarding closure of fisheries
(2014/C 354/09)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.9.2014




Duration


10.9.2014-31.12.2014




Member State


Belgium




Stock or group of stocks


LEZ/2AC4-C




Species


Megrims (Lepidorhombus spp.)




Zone


Union waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


39/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2014-10-08
Institutions: European Commission
Subjects: Belgium, EU waters, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2014354EN.01001101.xml










8.10.2014   


EN


Official Journal of the European Union


C 354/11





Information communicated by Member States regarding closure of fisheries
(2014/C 354/10)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.9.2014




Duration


10.9.2014-31.12.2014




Member State


Belgium




Stock or group of stocks


MAC/2A34.




Species


Mackerel (Scomber scombrus)




Zone


IIIa and IV; Union waters of IIa, IIIb, IIIc and Subdivisions 22-32




Type(s) of fishing vessels


—




Reference number


40/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-77/13: Judgment of the General Court of 8 October 2014  — Laboratoires Polive v OHIM — Arbora & Ausonia (DODIE) (Community trade mark — Opposition proceedings — Application for Community word mark DODIE — Earlier national word mark DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Power to alter decisions)
Date: 2014-10-08
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2014409EN.01003601.xml










17.11.2014   


EN


Official Journal of the European Union


C 409/36





Judgment of the General Court of 8 October 2014 — Laboratoires Polive v OHIM — Arbora & Ausonia (DODIE)
(Case T-77/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark DODIE - Earlier national word mark DODOT - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Power to alter decisions))
2014/C 409/51
Language of the case: English

Parties


Applicant: Laboratoires Polive (Levallois-Perret, France) (represented by: A. Sion, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arbora & Ausonia, SLU (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 31 October 2012 (Case R 1949/2011-2) relating to opposition proceedings between Arbora & Ausonia, SLU and Laboratoires Polive.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 October 2012 (Case R 1949/2011-2);










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive;










4.


Orders Arbora & Ausonia, SLU to bear its own costs.






(1)  OJ C 108, 13.4.2013.
Case T-530/12 P: Judgment of the General Court of 9 October 2014  — Bermejo Garde v EESC (Appeal — Civil service — Officials — Psychological harassment — Illegal activities affecting the interests of the European Union — Serious failure to comply with the obligations of officials — Articles 12(a) and 22(a) of the Staff Regulations — Denunciation by the appellant — Reassignment following that denunciation — No consultation of OLAF by the immediate superior who received the information — Measures adversely affecting a person — Good faith — Rights of the defence — Competence of the authority issuing the measure)
Date: 2014-10-08
Institutions: General Court
Subjects: European Economic and Social Committee, European official, legality, psychological harassment, reassignment, termination of employment








C_2014421EN.01003501.xml










24.11.2014   


EN


Official Journal of the European Union


C 421/35





Judgment of the General Court of 9 October 2014 — Bermejo Garde v EESC
(Case T-530/12 P) (1)

((Appeal - Civil service - Officials - Psychological harassment - Illegal activities affecting the interests of the European Union - Serious failure to comply with the obligations of officials - Articles 12(a) and 22(a) of the Staff Regulations - Denunciation by the appellant - Reassignment following that denunciation - No consultation of OLAF by the immediate superior who received the information - Measures adversely affecting a person - Good faith - Rights of the defence - Competence of the authority issuing the measure))
2014/C 421/48
Language of the case: French

Parties


Appellant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)

Other party to the proceedings: European Economic and Social Committee (EESC) (represented initially by G. Nijborg, and subsequently by U. Schwab and M. Lernhart, acting as Agents, assisted by B. Wägenbaur, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10, not yet published in the ECR), seeking the setting aside of that judgment.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10) in so far as it dismisses Mr Moises Bermejo Garde’s action for annulment of Decision No 133/10 A of the European Economic and Social Committee (EESC) of 24 March 2010 relieving him of his previous post and of EESC Decision No 184/10 A of 13 April 2010 concerning his reassignment;










2.


Dismisses the remainder of the appeal;










3.


Refers the case back to the Civil Service Tribunal;










4.


Reserves the costs.






(1)  OJ C 55, 23.2.2013.
Council Decision 2014/853/CFSP of 8 October 2014 on the signature and on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mali regarding the status of the European Union CSDP Mission in Mali (EUCAP Sahel Mali)
Date: 2014-10-08
Institutions: Council of the European Union
Subjects: EU police mission, Mali, Sahel, agreement (EU), ratification of an agreement, signature of an agreement, staff regulations (EU)








L_2014344EN.01000101.xml










29.11.2014   


EN


Official Journal of the European Union


L 344/1








            COUNCIL DECISION 2014/853/CFSP
of 8 October 2014
         
on the signature and on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mali regarding the status of the European Union CSDP Mission in Mali (EUCAP Sahel Mali)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 15 April 2014, the Council adopted Decision 2014/219/CFSP (1) on the European Union CSDP mission in Mali (EUCAP Sahel Mali).












(2)


Following the adoption of a Decision by the Council on 15 April 2014 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 37 of the Treaty on European Union, negotiated an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mali on the status of EUCAP Sahel Mali.












(3)


The Agreement in the form of an Exchange of Letters should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Mali regarding the status of the CSDP Mission in Mali (EUCAP Sahel Mali) is hereby approved on behalf of the Union.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the respective letter in order to bind the Union.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 8 October 2014.


For the Council


The President

M. LUPI
            





(1)  Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (OJ L 113, 16.4.2014, p. 21).