do-me/EUR-LEX huggingface dataset:
Case C-215/15: Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgaria) lodged on 11 May 2015 — Vasilka Ivanova Gogova v Iliya Dimitrov Iliev
Date: 2015-05-11
Institutions: Court of Justice
Subjects: child, freedom of movement, identity document, judicial cooperation, judicial cooperation in civil matters in the EU, parental authority








C_2015236EN.01002901.xml










20.7.2015   


EN


Official Journal of the European Union


C 236/29





Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgaria) lodged on 11 May 2015 — Vasilka Ivanova Gogova v Iliya Dimitrov Iliev
(Case C-215/15)
(2015/C 236/39)
Language of the case: Bulgarian

Referring court

Varhoven kasatsionen sad

Parties to the main proceedings


Appellant in cassation: Vasilka Ivanova Gogova

Respondent in the appeal in cassation: Iliya Dimitrov Iliev

Questions referred







1.


Does the possibility, provided for by law, for civil courts to resolve a dispute between parents concerning their child’s ability to travel abroad and the issue of identity documents, where the applicable substantive law requires that those parental rights be exercised jointly with regard to the child, constitute a matter relating to ‘the attribution, exercise, delegation, restriction or termination of parental responsibility’ within the meaning of Article 1(1)(b), in conjunction with Article 2(7), of Council Regulation (EC) No 2201/2003 (1) concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility to which Article 8(1) of that regulation applies?










2.


Do grounds establishing international jurisdiction apply in civil cases concerning parental responsibility where the decision replaces a legal act central to an administrative procedure concerning the child and the applicable law provides that this procedure must take place in a specific EU Member State?










3.


Must it be assumed that there is a prorogation of jurisdiction within the meaning of Article 12(1)(b) of Regulation (EC) No 2201/2003 where the respondent’s representative has not challenged the jurisdiction of the court but where that representative has not been authorised by the respondent but rather appointed by the court owing to the difficulty in notifying the respondent in order that he might participate in the proceedings in person or through a representative instructed by him?






(1)  OJ 2003 L 338, p. 1.
Decision No 1/2015 of the EU-EFTA Joint Comittee on Simplification of Formalities in Trade in Goods of 11 May 2015 as regards an invitation to the former Yugoslav Republic of Macedonia to accede to the Convention on the simplification of formalities in trade in goods [2015/920]
Date: 2015-05-11
Institutions: EC–EFTA Joint Committee
Subjects: North Macedonia, administrative formalities, agreement (EU), carriage of goods, simplification of formalities








L_2015149EN.01002101.xml










16.6.2015   


EN


Official Journal of the European Union


L 149/21








            DECISION No 1/2015 OF THE EU-EFTA JOINT COMITTEE ON SIMPLIFICATION OF FORMALITIES IN TRADE IN GOODS
         
of 11 May 2015
         
as regards an invitation to the former Yugoslav Republic of Macedonia to accede to the Convention on the simplification of formalities in trade in goods [2015/920]


THE EU-EFTA JOINT COMMITTEE,

Having regard to the Convention of 20 May 1987 on the simplification of formalities in trade in goods (1) (‘the Convention’), and in particular Article 11(3) thereof,

Whereas:







(1)


The exchange of goods with the former Yugoslav Republic of Macedonia would be facilitated by a simplification of formalities which affect the trade in goods between the former Yugoslav Republic of Macedonia and the European Union, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Republic of Turkey.












(2)


With a view to achieving such facilitation, it is appropriate to invite the former Yugoslav Republic of Macedonia to accede to the Convention,





HAS ADOPTED THIS DECISION:



Article 1
In accordance with Article 11a of the Convention on the simplification of formalities in trade in goods, the former Yugoslav Republic of Macedonia shall be invited to accede to the Convention as from 1 July 2015.


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




Done at Ankara, 11 May 2015.


For the EU-EFTA Joint Committee


The President

Sezai UÇARMAK
            





(1)  
            OJ L 134, 22.5.1987, p. 2.
Case C-217/15: Request a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) of 11 May 2015 — Criminal proceedings against Massimo Orsi
Date: 2015-05-11
Institutions: Court of Justice
Subjects: EU Charter of Fundamental Rights, EU law - national law, European Convention on Human Rights, VAT, administrative sanction, criminal liability, human rights, tax authorities








C_2015245EN.01000801.xml










27.7.2015   


EN


Official Journal of the European Union


C 245/8





Request a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) of 11 May 2015 — Criminal proceedings against Massimo Orsi
(Case C-217/15)
(2015/C 245/11)
Language of the case: Italian

Referring court

Tribunale di Santa Maria Capua Vetere

Party to the main proceedings

Massimo Orsi

Questione pregiudiziale

On a proper construction of Article 4 of [Protocol No 7 to the European Convention on the Protection of Human Rights and Fundamental Freedoms] and Article 50 [of the Charter of Fundamental Rights of the European Union], is the provision made under Article 10b of Legislative Decree No 74/00 consistent with Community law, in so far as it permits the criminal liability of a person to whom a final assessment by the tax authorities of the State has already been issued imposing an administrative penalty in the sum of 30 % of the unpaid amount to be assessed in respect of the same act or omission (non-payment of VAT)?
Decision No 1/2015 of the EU-EFTA Joint Committee on Common Transit of 11 May 2015 concerning an invitation to the former Yugoslav Republic of Macedonia to accede to the Convention on a common transit procedure [2015/921]
Date: 2015-05-11
Institutions: European Free Trade Association, European Union, Joint Committee
Subjects: EFTA countries, North Macedonia, accession to an agreement, customs transit, international convention








L_2015149EN.01002201.xml










16.6.2015   


EN


Official Journal of the European Union


L 149/22








            DECISION No 1/2015 OF THE EU-EFTA JOINT COMMITTEE ON COMMON TRANSIT
         
of 11 May 2015
         
concerning an invitation to the former Yugoslav Republic of Macedonia to accede to the Convention on a common transit procedure [2015/921]


THE EU-EFTA JOINT COMMITTEE,

Having regard to the Convention of 20 May 1987 on a common transit procedure (1) (‘the Convention’), and in particular Article 15(3)(e) thereof,

Whereas:







(1)


The promotion of trade with the former Yugoslav Republic of Macedonia would be facilitated by a common transit procedure for goods transported between the former Yugoslav Republic of Macedonia and the European Union, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Republic of Turkey.












(2)


With a view to achieving such a procedure, it is appropriate to invite the former Yugoslav Republic of Macedonia to accede to the Convention,





HAS ADOPTED THIS DECISION:



Article 1
In accordance with Article 15a of the Convention on a common transit procedure, the former Yugoslav Republic of Macedonia shall be invited to accede to the Convention as from 1 July 2015.


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




Done at Ankara, 11 May 2015.


For the EU-EFTA Joint Committee


The President

Sezai UÇARMAK
            





(1)  
            OJ L 226, 13.8.1987, p. 2.
Council Decision (EU) 2015/798 of 11 May 2015 authorising the European Commission to negotiate, on behalf of the European Union, amendments to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer
Date: 2015-05-11
Institutions: Council of the European Union
Subjects: international convention, ozone, prevention of pollution, protocol to an agreement, stratospheric pollution




L_2015127EN.01001901.xml










22.5.2015   


EN


Official Journal of the European Union


L 127/19








            COUNCIL DECISION (EU) 2015/798
of 11 May 2015
         
authorising the European Commission to negotiate, on behalf of the European Union, amendments to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 218(3) and (4) thereof,


Having regard to the recommendation from the European Commission,


Whereas the Commission should be authorised to negotiate, on behalf of the Union, amendments to the Vienna Convention for the Protection of the Ozone Layer (1) and the Montreal Protocol on Substances that Deplete the Ozone Layer (2),

HAS ADOPTED THIS DECISION:



Article 1
The Commission is hereby authorised to negotiate, on behalf of the Union, as regards matters falling within the Union's competence and in respect of which the Union has adopted rules, amendments to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer at the Conference of the Parties to that Convention and at the Meetings of the Parties to that Protocol in 2015 and 2016.


Article 2

1.   The negotiations shall be conducted by the Commission in consultation with the special committee designated by the Council, and in accordance with the negotiating directives of the Council set out in the Addendum to this Decision.


2.   The Council may review those negotiating directives at any time. To that effect, the Commission shall report to the Council on the outcome of the negotiations after each negotiating session and, where appropriate, on any problem that may arise during the negotiations.



Article 3
To the extent that the subject matter of the amendments referred to in Article 1 falls within the shared competence of the Union and of the Member States, the Commission and the Member States should cooperate closely during the negotiating process, with a view to ensuring unity in the international representation of the Union and its Member States.


Article 4
This Decision is addressed to the Commission.




Done at Brussels, 11 May 2015.


For the Council


The President

J. DŪKLAVS
            





(1)  
            OJ L 297, 31.10.1988, p. 10.

(2)  
            OJ L 297, 31.10.1988, p. 21.
Case T-233/15: Action brought on 11 May 2015 — Cofra v OHIM — Armand Thiery (1841)
Date: 2015-05-11
Institutions: General Court
Subjects: EU trade mark, advertising, clothing industry, pulp and paper industry, registered trade mark, trade-mark law








C_2015213EN.01004002.xml










29.6.2015   


EN


Official Journal of the European Union


C 213/40





Action brought on 11 May 2015 — Cofra v OHIM — Armand Thiery (1841)
(Case T-233/15)
(2015/C 213/66)
Language in which the application was lodged: Spanish

Parties


Applicant: Cofra Holding AG (Zug, Switzerland) (represented by: M. Aznar Alonso, lawyer)

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

Other party to the proceedings before the Board of Appeal: Armand Thiery SAS (Levallois Perret, France)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘1841’ — Community trade mark No 9 119 553

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 26 February 2015 in Case R 805/2014-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM and the other party to the appeal proceedings, should it intervene in the present proceedings, to pay the costs.





Pleas in law







—


Infringement of Article 57(2) of Regulation No 207/2009 and Rule 40(6) of Regulation No 2868/95;










—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Commission Implementing Regulation (EU) 2015/823 of 11 May 2015 entering a name in the register of protected designations of origin and protected geographical indications [Glückstädter Matjes (PGI)]
Date: 2015-05-11
Institutions: European Commission
Subjects: Germany, designation of origin, labelling, product designation, salted product, sea fish








L_2015130EN.01000301.xml










28.5.2015   


EN


Official Journal of the European Union


L 130/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/823
of 11 May 2015
         
entering a name in the register of protected designations of origin and protected geographical indications [Glückstädter Matjes (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, Germany's application to register the name ‘Glückstädter Matjes’ 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 ‘Glückstädter Matjes’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Glückstädter Matjes’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.7. Fresh fish, molluscs and crustaceans and products derived therefrom, as listed in Annex XI to Commission Regulation (EU) No 668/2014 (3).


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, 11 May 2015.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






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

(2)  
            OJ C 2, 7.1.2015, p. 7.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case C-214/15: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 11 May 2015 — Município de Vila Pouca de Aguiar v Sá Machado & Filhos SA, Norcep, Construções e Empreendimentos, Lda
Date: 2015-05-11
Institutions: Court of Justice
Subjects: award of contract, works contract








C_2015254EN.01000701.xml










3.8.2015   


EN


Official Journal of the European Union


C 254/7





Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 11 May 2015 — Município de Vila Pouca de Aguiar v Sá Machado & Filhos SA, Norcep, Construções e Empreendimentos, Lda
(Case C-214/15)
(2015/C 254/09)
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicant: Município de Vila Pouca de Aguiar

Defendants: Sá Machado & Filhos SA, Norcep, Construções e Empreendimentos, Lda

Question referred

In relation to a procedure for the award of a public works contract, does EU law, in particular Article 55 of Directive 2004/18/EC (1), permit the immediate exclusion of a tender that, when it is submitted, is not supported by a document justifying its ‘abnormally low price’, in a situation in which the contract documents fix the criterion for that requirement to be met [point 09/C1 of the ‘contract documents’]?


(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts

OJ 2004 L 134, p. 114.
Case F-74/15: Action brought on 11 May 2015 — ZZ v Commission
Date: 2015-05-11
Institutions: Civil Service Tribunal
Subjects: European official, disabled person, indemnification, insurance indemnity, interest, staff regulations (EU)








C_2015279EN.01005502.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/55






Action brought on 11 May 2015 — ZZ v Commission
(Case F-74/15)
(2015/C 279/71)
Language of the case: Italian

Parties


Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to grant only an increase in the compensation to 20 % of the capital provided for in respect of total permanent invalidity under Article 14 of the Common rules on the insurance of officials of the Communities against the risk of accident and of occupational disease and compensation for the non-pecuniary harm allegedly suffered by the applicant and an order that the Commission pay default interest.

Form of order sought







—


Annul the decision of 26 June 2014 by which the Commission grants an increase of 20 % of the compensation referred to in Article 14 of the Common rules on the insurance of officials of the Communities against the risk of accident and of occupational disease in the version applicable until 31 December 2006, on the ground of serious irregularities in the opinion given on 8 January 2014 by the medical committee, since it did not uphold in full the applicant’s requests and granted only 20 % in compensation, under Article 14 of the Common rules, in respect of harm to the cardio-respiratory function, without taking into account the mental harm and functional disruption of sleep due to the alteration of the left lateral decubitus position;










—


Order the Commission to pay compensation in respect of the harm estimated pro bono et aequo at EUR 50  000 for the non-pecuniary harm suffered by the applicant and connected with the delay in payment of the compensation granted;










—


Order the Commission to pay default interest, which it is to calculate, on EUR 98  372,51 for the period covering the expiry of six months following the submission of the claim for deterioration and the date of effective liquidation of the capital, at the rate fixed by the European Central Bank for the principal financing operations and applicable to the period concerned, increase by two points;










—


Order the Commission to pay default interest, which it is to calculate, on the amount which will be estimated at the end of the present proceedings, from the date of the judgment until that of actual payment, at the rate fixed by the European Central Bank for the principal financing operations and applicable to the period concerned, increase by two points;










—


In any event, order the Commission to pay the costs and disbursements.
Council Decision of 11 May 2015 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2015-05-11
Institutions: Council of the European Union
Subjects: Cedefop, Germany, appointment of members, decision-making body (EU)








C_2015165EN.01000201.xml










20.5.2015   


EN


Official Journal of the European Union


C 165/2





COUNCIL DECISION
of 11 May 2015
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
(2015/C 165/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,
Whereas:






(1)


By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.










(2)


A member's seat is available for Germany on the Governing Board of the Centre in the category of Employees' representatives,




HAS DECIDED AS FOLLOWS:
Sole Article
The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:







GERMANY


Mr Mario PATUZZI





Done at Brussels, 11 May 2015.


For the Council


The President

J. DŪKLAVS




(1)  OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

(2)  OJ C 228, 31.7.2012, p. 3.
Case C-218/15: Request for a preliminary ruling from the Tribunale ordinario di Campobasso (Italy) lodged on 11 May 2015 — Criminal proceedings against Gianpaolo Paoletti and Others
Date: 2015-05-11
Institutions: Court of Justice
Subjects: Romania, accession to the European Union, illegal migration, offence, retroactivity of a law








C_2015262EN.01000501.xml










10.8.2015   


EN


Official Journal of the European Union


C 262/5





Request for a preliminary ruling from the Tribunale ordinario di Campobasso (Italy) lodged on 11 May 2015 — Criminal proceedings against Gianpaolo Paoletti and Others
(Case C-218/15)
(2015/C 262/06)
Language of the case: Italian

Referring court

Tribunale ordinario di Campobasso

Party/parties to the main proceedings

Gianpaolo Paoletti, Umberto Castaldi, Domenico Faricelli, Antonio Angelucci, Mauro Angelucci, Antonio D’Ovidio, Camillo Volpe, Alfredo Viali, Giampaolo Canzano, Raffaele Di Giovanni, Antonio Della Valle

Questions referred







1.


Must Article 7 of the ECHR, Article 49 of the Charter of Fundamental Rights of the European Union, proclaimed on 7 December 2000 in Nice, and Article 6 [TEU] be interpreted as meaning that Romania’s accession to the European Union on 1 January 2007 had the effect of abolishing the criminal offence provided for in and punishable under Article 12 of Legislative Decree No 286/1998 (consolidated text [on immigration]) relating to the facilitating of the immigration and stay by Romanian nationals in the territory of the Italian State?










2.


Must those provisions be interpreted as precluding a Member State from applying the principle of benign retroactivity (in mitius) in respect of persons who, before 1 January 2007 (or other subsequent date on which the treaty took full effect), the date on which Romania’s accession to the European Union took effect, were responsible for breach of Article 12 of Legislative Decree No 286/1998 (consolidated text on immigration) in that they facilitated the immigration of Romanian nationals, which ceased to be an offence as from 1 January 2007?