do-me/EUR-LEX huggingface dataset:
Joined Cases C-503/13 and C-504/13: Judgment of the Court (Fourth Chamber) of 5 March 2015 (requests for a preliminary ruling from the Bundesgerichtshof — Germany) — Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt (C-503/13), Betriebskrankenkasse RWE (C-504/13) (Reference for a preliminary ruling — Consumer protection — Liability for damage caused by defective products — Directive 85/374/EEC — Articles 1, 6(1) and section (a) of the first paragraph of Article 9 — Pacemakers and implantable cardioverter defibrillators — Risk of product failure — Personal injury — Removal of the allegedly defective product and replacement with another product — Reimbursement of the costs of the operation)
Date: 2015-03-05
Institutions: Court of Justice
Subjects: Germany, consumer protection, defective product, medical device, producer's liability, public health, surgery, trauma








C_2015138EN.01000902.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/9





Judgment of the Court (Fourth Chamber) of 5 March 2015 (requests for a preliminary ruling from the Bundesgerichtshof — Germany) — Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt (C-503/13), Betriebskrankenkasse RWE (C-504/13)
(Joined Cases C-503/13 and C-504/13) (1)

((Reference for a preliminary ruling - Consumer protection - Liability for damage caused by defective products - Directive 85/374/EEC - Articles 1, 6(1) and section (a) of the first paragraph of Article 9 - Pacemakers and implantable cardioverter defibrillators - Risk of product failure - Personal injury - Removal of the allegedly defective product and replacement with another product - Reimbursement of the costs of the operation))
(2015/C 138/11)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Boston Scientific Medizintechnik GmbH

Defendants: AOK Sachsen-Anhalt (C-503/13), Betriebskrankenkasse RWE (C-504/13)

Operative part of the judgment







1)


Article 6(1) of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products must be interpreted as meaning that, where it is found that products belonging to the same group or forming part of the same production series, such as pacemakers and implantable cardioverter defibrillators, have a potential defect, such a product may be classified as defective without there being any need to establish that that product has such a defect.










2)


Article 1 and section (a) of the first paragraph of Article 9 of Directive 85/374 are to be interpreted as meaning that the damage caused by a surgical operation for the replacement of a defective product, such as a pacemaker or an implantable cardioverter defibrillator, constitutes ‘damage caused by death or personal injuries’ for which the producer is liable, if such an operation is necessary to overcome the defect in the product in question. It is for the national court to verify whether that condition is satisfied in the main proceedings.






(1)  OJ C 352, 30.11.2013.
Case T-45/13: Judgment of the General Court of 5 March 2015 — Rose Vision and Seseña v Commission (Arbitration clause — Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) — Grant agreements relating to the FIRST, FutureNEM and sISI projects — Actions for annulment and compensation — Reclassification of the actions — Admissibility — Suspension of payments — Deadline for providing the audit report — Dissemination of information to third parties)
Date: 2015-03-05
Institutions: General Court
Subjects: audit, damages, database, evaluation method, information system, telecommunications industry








C_2015127EN.01002201.xml










20.4.2015   


EN


Official Journal of the European Union


C 127/22





Judgment of the General Court of 5 March 2015 — Rose Vision and Seseña v Commission
(Case T-45/13) (1)

((Arbitration clause - Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) - Grant agreements relating to the FIRST, FutureNEM and sISI projects - Actions for annulment and compensation - Reclassification of the actions - Admissibility - Suspension of payments - Deadline for providing the audit report - Dissemination of information to third parties))
(2015/C 127/29)
Language of the case: Spanish

Parties


Applicants: Rose Vision, SL (Seseña, Spain); and Julián Seseña (Pozuelo de Alarcón, Spain) (represented by: M. Muñiz Bernuy and A. Alonso Villa, lawyers)

Defendant: European Commission (represented by: R. Lyal and A. Sauka, acting as Agents, assisted by J. Rivas Andrés and X. M. García García, lawyers)

Re:

First, action for annulment of the Commission’s letter by which it suspended the payments under grant agreement No 246910, relating to the FutureNEM project, and of financial audit report 11-INFS-025, on the basis of which it adopted that measure, and, secondly, action for damages for the harm allegedly suffered by the applicants as a consequence of the Commission’s conduct, up to a maximum of EUR 5 8 54  264, without prejudice to the damages which may be assessed in the course of the present proceedings as well as interest accrued.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Rose Vision, SL and Mr Julián Seseña to pay the costs.






(1)  OJ C 178, 22.6.2013.
Case C-553/13: Judgment of the Court (Third Chamber) of 5 March 2015 (request for a preliminary ruling from the Tallinna ringkonnakohus — Estonia) — Tallinna Ettevõtlusamet v Statoil Fuel & Retail Eesti AS (Reference for a preliminary ruling — Indirect taxation — Excise duties — Directive 2008/118/EC — Article 1(2) — Liquid fuel subject to excise duty — Sales tax — Concept of ‘specific purpose’ — Predetermined allocation — Organisation of public transport within the territory of a city)
Date: 2015-03-05
Institutions: Court of Justice
Subjects: EU law - national law, fuel, interpretation of the law, local government, public financing, public transport, retail trade, tax on consumption








C_2015138EN.01001301.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/13





Judgment of the Court (Third Chamber) of 5 March 2015 (request for a preliminary ruling from the Tallinna ringkonnakohus — Estonia) — Tallinna Ettevõtlusamet v Statoil Fuel & Retail Eesti AS
(Case C-553/13) (1)

((Reference for a preliminary ruling - Indirect taxation - Excise duties - Directive 2008/118/EC - Article 1(2) - Liquid fuel subject to excise duty - Sales tax - Concept of ‘specific purpose’ - Predetermined allocation - Organisation of public transport within the territory of a city))
(2015/C 138/16)
Language of the case: Estonian

Referring court

Tallinna ringkonnakohus

Parties to the main proceedings


Applicant: Tallinna Ettevõtlusamet

Defendant: Statoil Fuel & Retail Eesti AS

Operative part of the judgment

Article 1(2) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC must be interpreted as not permitting a tax such as that at issue in the main proceedings, in so far as it is levied on retail sales of liquid fuel subject to excise duty, to be regarded as having a specific purpose within the meaning of that provision where that tax is intended to finance the organisation of public transport within the territory of the authority imposing the tax and where that authority is required to undertake and finance such transport irrespective of the existence of that tax, even if the revenue from that tax has been used solely for the purpose of performing that activity. The provision in question must therefore be interpreted as precluding national rules such as those at issue in the main proceedings instituting such a tax on retail sales of liquid fuel subject to excise duty.


(1)  OJ C 15, 18.1.2014.
Case C-667/13: Judgment of the Court (Second Chamber) of 5 March 2015 (request for a preliminary ruling from the Tribunal do Comércio de Lisboa — Portugal) — Estado português v Banco Privado Português SA, in liquidation, Massa Insolvente do Banco Privado Português SA (Reference for a preliminary ruling — State aid — State guarantee underwriting a loan — Decision 2011/346/EU — Questions concerning validity — Admissibility — Article 107(1) TFEU — Statement of reasons — Effect on trade between Member States — Article 107(3)(b) TFEU — Serious disturbance in the economy of a Member State)
Date: 2015-03-05
Institutions: Court of Justice
Subjects: Portugal, State aid, control of State aid, infringement of EU law, suspension of aid








C_2015138EN.01001701.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/17





Judgment of the Court (Second Chamber) of 5 March 2015 (request for a preliminary ruling from the Tribunal do Comércio de Lisboa — Portugal) — Estado português v Banco Privado Português SA, in liquidation, Massa Insolvente do Banco Privado Português SA
(Case C-667/13) (1)

((Reference for a preliminary ruling - State aid - State guarantee underwriting a loan - Decision 2011/346/EU - Questions concerning validity - Admissibility - Article 107(1) TFEU - Statement of reasons - Effect on trade between Member States - Article 107(3)(b) TFEU - Serious disturbance in the economy of a Member State))
(2015/C 138/21)
Language of the case: Portuguese

Referring court

Tribunal do Comércio de Lisboa

Parties to the main proceedings


Applicant: Estado português

Defendants: Banco Privado Português SA, in liquidation, Massa Insolvente do Banco Privado Português SA

Operative part of the judgment

Examination of the questions referred for a preliminary ruling by the Tribunal do Comércio de Lisboa (Portugal) has disclosed nothing capable of affecting the validity of Commission Decision 2011/346/EU of 20 July 2010 on the State aid C 33/09 (ex NN 57/09, CP 191/09) implemented by Portugal in the form of a State guarantee to BPP.


(1)  OJ C 93, 29.3.2014.
Prior notification of a concentration (Case M.7499 — Altice/PT Portugal)  Text with EEA relevance
Date: 2015-03-05
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, telecommunications industry








C_2015077EN.01001001.xml










5.3.2015   


EN


Official Journal of the European Union


C 77/10





Prior notification of a concentration
(Case M.7499 — Altice/PT Portugal)
(Text with EEA relevance)
(2015/C 77/09)






1.


On 25 February 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Altice SA (‘Altice’, Luxembourg), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the Portuguese assets of PT Portugal SGPS (‘PT Portugal’, Portugal) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Altice is a multinational cable and telecommunications company. In Portugal, Altice, through its subsidiary Altice Portugal, currently controls two telecommunications operators, Cabovisão — Televisão por Cabo (‘Cabovisão’) and Onitelecom (‘ONI’). Cabovisão provides Pay TV services, broadband internet access services and fixed telephony services essentially to residential customers, both on a stand-alone basis and as multiple play packages. ONI provides B2B telecommunication services to business customers, which consist of network and fixed telecommunication services including voice, data, and fixed internet access services,










—


PT Portugal is a telecommunications and multimedia operator with activities extending across all telecommunications segments in Portugal. PT Portugal provides telecommunication services to residential and business customers. PT Portugal offers to residential customers fixed and mobile voice and data services, broadband internet access services, and pay television services, which are sold either on a stand-alone basis or as bundled offers (multiple play packages). PT Portugal’s offer for corporate customers includes fixed and mobile voice and data services, as well as IT services, comprising data centre solutions, virtualisation services, cloud, business outsourcing process and other additional value-added services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7499 — Altice/PT Portugal, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Case C-585/13 P: Judgment of the Court (Fifth Chamber) of 5 March 2015 — Europäisch-Iranische Handelsbank AG v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, European Commission (Appeal — Restrictive measures taken against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restriction of transfers of funds — Assistance to designated entities in evading or violating restrictive measures)
Date: 2015-03-05
Institutions: Court of Justice
Subjects: Iran, United Kingdom, economic sanctions, international sanctions, principle of legal certainty, principle of proportionality








C_2015138EN.01001502.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/15





Judgment of the Court (Fifth Chamber) of 5 March 2015 — Europäisch-Iranische Handelsbank AG v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, European Commission
(Case C-585/13 P) (1)

((Appeal - Restrictive measures taken against the Islamic Republic of Iran with the aim of preventing nuclear proliferation - Freezing of funds - Restriction of transfers of funds - Assistance to designated entities in evading or violating restrictive measures))
(2015/C 138/19)
Language of the case: English

Parties


Appellant: Europäisch-Iranische Handelsbank AG (represented by: S. Jeffrey, S. Ashley and A. Irvine, Solicitors, H. Hohmann, Rechtsanwalt, D. Wyatt QC and R. Blakeley, Barrister)

Other parties to the proceedings: Council of the European Union (represented by F. Naert and M. Bishop, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: V. Kaye, acting as Agent, and by R. Palmer, Barrister), European Commission

Operative part of the judgment

The Court:






1)


Dismisses the appeal;










2)


Orders Europäisch-Iranische Handelsbank AG to bear its own costs and to pay those incurred by the Council of the European Union and the United Kingdom of Great Britain and Northern Ireland.






(1)  OJ C 15, 18.1.2014.
Non-opposition to a notified concentration (Case M.7252 — Holcim/Lafarge)  Text with EEA relevance
Date: 2015-03-05
Institutions: European Commission
Subjects: building materials, economic concentration, merger control








C_2015077EN.01000101.xml










5.3.2015   


EN


Official Journal of the European Union


C 77/1





Non-opposition to a notified concentration
(Case M.7252 — Holcim/Lafarge)
(Text with EEA relevance)
(2015/C 77/01)
On 15 December 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) in conjunction with Article 6(2) of Council Regulation (EC) No 139/2004 (1). 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/homepage.html?locale=en) under document number 32014M7252. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-479/13: Judgment of the Court (Fourth Chamber) of 5 March 2015 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Taxation — VAT — Application of a reduced rate — Supply of digital books or electronic books)
Date: 2015-03-05
Institutions: Court of Justice
Subjects: VAT rate, book trade, electronic publishing








C_2015138EN.01000801.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/8





Judgment of the Court (Fourth Chamber) of 5 March 2015 — European Commission v French Republic
(Case C-479/13) (1)

((Failure of a Member State to fulfil obligations - Taxation - VAT - Application of a reduced rate - Supply of digital books or electronic books))
(2015/C 138/09)
Language of the case: French

Parties


Applicant: European Commission (represented by: C. Soulay and F. Dintilhac, acting as Agents)

Defendant: French Republic (represented by: D. Colas and J.-S. Pilczer, acting as Agents)

Intervener in support of the defendant: Kingdom of Belgium (represented by: M. Jacobs and J.-C. Halleux, acting as Agents)

Operative part of the judgment

The Court:






(1)


Declares that, by applying a reduced rate of value added tax to the supply of digital or electronic books, the French Republic has failed to fulfil its obligations under Articles 96 and 98 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax as amended by Council Directive 2010/88/EU of 7 December 2010, read in conjunction with Annexes II and III to that directive and Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC;










(2)


Orders the French Republic to bear its own costs and to pay those incurred by the European Commission;










(3)


Orders the Kingdom of Belgium to bear its own costs.






(1)  OJ C 344, 23.11.2013.
Prior notification of a concentration (Case M.7544 — Centerbridge/Senvion) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2015-03-05
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, processing industry, turbine








C_2015077EN.01001101.xml










5.3.2015   


EN


Official Journal of the European Union


C 77/11





Prior notification of a concentration
(Case M.7544 — Centerbridge/Senvion)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 77/10)






1.


On 25 February 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Centerbridge Partners, LP (of the USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Senvion SE (of Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Centerbridge Partners, LP: investment management firm with offices in New York and London focused on private equity and distressed investment opportunities. Investments are made across a variety of sectors, including building materials, business services, energy, financial services, healthcare, industrials, media, telecom and technology, real estate, gaming and lodging, retail and consumer, structured products and transportation and logistics,
—   for Senvion SE: German-based manufacturer and provider of wind turbine generators. Senvion develops, produces and distributes wind turbine generators suitable for various locations, including on- and offshore projects. In addition, Senvion provides its customers with service and maintenance, transport, installation and foundation layout.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7544 — Centerbridge/Senvion, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Information communicated by Member States regarding closure of fisheries
Date: 2015-03-05
Institutions: European Commission
Subjects: EU Member State, EU waters, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2015077EN.01000502.xml










5.3.2015   


EN


Official Journal of the European Union


C 77/5





Information communicated by Member States regarding closure of fisheries
(2015/C 77/05)
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


6.2.2015




Duration


6.2.2015 till 30.6.2015




Member State


European Union (all Member States)




Stock or Group of stocks


RED/N3M




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


02/TQ104






(1)  OJ L 343, 22.12.2009, p. 1.