do-me/EUR-LEX huggingface dataset:
Case C-485/14: Action brought on 3 November 2014  — European Commission v French Republic
Date: 2014-11-03
Institutions: Court of Justice
Subjects: France, bilateral agreement, capital transfer tax, free movement of capital, infringement of EU law, tax exemption








C_2015007EN.01001801.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/18





Action brought on 3 November 2014 — European Commission v French Republic
(Case C-485/14)
(2015/C 007/24)
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-F. Brakeland and W. Roels, acting as Agents)

Defendant: French Republic

Form of order sought







—


Declare that, by exempting from droits de mutation à titre gratuit (duty payable on transfers for which no consideration is given) gifts and legacies to public bodies or to charitable bodies only where such bodies are established in France, in a Member State or in a State which is party to the Agreement on the European Economic Area which has concluded a bilateral agreement with France, the French Republic has failed to fulfil its obligations under Article 63 of the Treaty on the Functioning of the European Union and Article 40 of the Agreement on the European Economic Area, and










—


order French Republic to pay the costs.





Pleas in law and main arguments

According to the Commission, French legislation, as interpreted by the tax authorities, exempts from droits de mutation à titre gratuit gifts and legacies to public bodies or to charitable bodies only where such bodies are established in France, in a Member State or in a State which is party to the Agreement on the European Economic Area which has concluded a bilateral agreement with France. The Commission considers that that constitutes a restriction on free movement of capital, contrary to Article 56 EC and Article 40 of the EEA Agreement.
By way of justification for such an arrangement, the French Republic claims, as its principal argument, that French legislation makes a distinction between tax payers who are not in an objectively comparable situation and, in the alternative, puts forward a public interest argument, based on the need to collect taxes.
The Commission contests that justification. In its view, the contested provisions make a distinction on the basis of criteria that are purely geographical. Moreover, the Commission considers that the public interest plea relied on does not satisfy the requirements laid down by case-law, in particular the judgment in Persche
 (1). Lastly, the Commission is of the view that the restriction on the movement of capital is, in any event, disproportionate.


(1)  Judgment in Persche, C-318/07, ECLI:EU:C:2009:33.
Commission Regulation (EU) No 1192/2014 of 3 November 2014 establishing a prohibition of fishing for haddock in area IIIa, Union waters of Subdivisions 22-32 by vessels flying the flag of the Netherlands
Date: 2014-11-03
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Netherlands, North Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2014318EN.01002101.xml










5.11.2014   


EN


Official Journal of the European Union


L 318/21








            COMMISSION REGULATION (EU) No 1192/2014
of 3 November 2014
         
establishing a prohibition of fishing for haddock in area IIIa, Union waters of Subdivisions 22-32 by vessels flying the flag of the Netherlands


THE EUROPEAN COMMISSION,

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


Having regard to 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), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 43/2014 (2), lays down quotas for 2014.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2014.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2014 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 3 November 2014.


For the Commission,


On behalf of the President,

Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).




ANNEX






No


70/TQ43




Member State


The Netherlands




Stock


HAD/3A/BCD




Species


Haddock (Melanogrammus aeglefinus)




Zone


IIIa, Union waters of Subdivisions 22-32




Closing date


16.10.2014
Case F-128/14: Action brought on 3 November 2014  — ZZ v Commission
Date: 2014-11-03
Institutions: Civil Service Tribunal
Subjects: European official, administrative sanction, allowances and expenses, regulations for civil servants








C_2015034EN.01005101.xml










2.2.2015   


EN


Official Journal of the European Union


C 34/51





Action brought on 3 November 2014 — ZZ v Commission
(Case F-128/14)
(2015/C 034/62)
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Vogel, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the appointing authority’s decision to impose on the applicant the disciplinary penalty of deferment of advancement to a higher step for a 12-month period.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision adopted by the appointing authority, in the person of three Directors General of the Commission, dated 23 December 2013, by which the penalty of deferment of advancement to a higher step was imposed on the applicant for a 12-month period, taking effect on 31 December 2013, under Article 9(1)(c) of Annex IX to the Staff Regulations;










—


in so far as necessary, also annul the decision adopted by the appointing authority on 22 July 2014, by which the applicant’s complaint, dated 21 March 2014, challenging the aforementioned disciplinary sentence of 23 December 2013, was rejected;










—


order the defendant to pay the costs of the present proceedings, under Article 101 of the Rules of Procedure, and in particular the expenses necessarily incurred for the purpose of the proceedings, such as travel and subsistence expenses and the lawyers’ expenses and fees, under Article 105(c) of those Rules.
Case T-742/14: Action brought on 3 November 2014 — Alpha Calcit v OHIM — Materis Paints Italia (CALCILITE)
Date: 2014-11-03
Institutions: General Court
Subjects: EU trade mark, raw material, registered trade mark, trade-mark law








C_2014462EN.01002901.xml










22.12.2014   


EN


Official Journal of the European Union


C 462/29





Action brought on 3 November 2014 — Alpha Calcit v OHIM — Materis Paints Italia (CALCILITE)
(Case T-742/14)
(2014/C 462/42)
Language in which the application was lodged: English

Parties


Applicant: Alpha Calcit Füllstoffgesellschaft mbH (Cologne, Germany) (represented by: F. Hauck, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Materis Paints Italia SpA (Novate Milanese, Italy)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: The other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark ‘CALCILITE’ — Community trade mark No 5 0 74  745

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 4 September 2014 in Case R 753/2013-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision with regard to the following goods: paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins (class 2); pargets (class 19);










—


order OHIM to pay the costs.





Pleas in law







—


Infringement of Articles 53(1)(a) and 8(1)(b) of Regulation No 207/2009.
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2014-11-03
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2014388EN.01000101.xml










3.11.2014   


EN


Official Journal of the European Union


C 388/1





Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

2014/C 388/01

Last publication


OJ C 380, 27.10.2014


Past publications


OJ C 372, 20.10.2014


OJ C 361, 13.10.2014


OJ C 351, 6.10.2014


OJ C 339, 29.9.2014


OJ C 329, 22.9.2014


OJ C 315, 15.9.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Case F-129/14: Action brought on 3 November 2014  — ZZ v EEAS
Date: 2014-11-03
Institutions: Civil Service Tribunal
Subjects: payable service, pension scheme








C_2015007EN.01006101.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/61





Action brought on 3 November 2014 — ZZ v EEAS
(Case F-129/14)
(2015/C 007/79)
Language of the case: French

Parties


Applicant: ZZ (represented by: J.-N. Louis, R. Metz, D. Verbeke, lawyers)

Defendant: EEAS

Subject-matter and description of the proceedings

The annulment of the EEAS’ decision to remove the applicant from his post without reducing his pension rights.

Form of order sought







—


Annul the EEAS’ decision of 16 January 2014 to remove the applicant from his post without reducing his pension rights;










—


Order the EEAS to pay the costs.