do-me/EUR-LEX huggingface dataset:
Case C-367/14: Judgment of the Court (Third Chamber) of 17 September 2015 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — State aid — Aid granted to firms located in Venice and Chioggia — Reduction of social security contributions — Failure to recover aid within the prescribed period — Judgment of the Court establishing that a Member State has failed to fulfil its obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment — Lump sum)
Date: 2015-09-17
Institutions: Court of Justice
Subjects: State aid, Veneto, aid to undertakings, control of State aid, fine, infringement of EU law, reimbursement of aid, social-security contribution








C_2015371EN.01001202.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/12





Judgment of the Court (Third Chamber) of 17 September 2015 — European Commission v Italian Republic
(Case C-367/14) (1)

((Failure of a Member State to fulfil obligations - State aid - Aid granted to firms located in Venice and Chioggia - Reduction of social security contributions - Failure to recover aid within the prescribed period - Judgment of the Court establishing that a Member State has failed to fulfil its obligations - Non-compliance - Article 260(2) TFEU - Pecuniary penalties - Penalty payment - Lump sum))
(2015/C 371/15)
Language of the case: Italian

Parties


Applicant: European Commission (represented by: G. Conte, D. Grespan and B. Stromsky, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato della Stato)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt all the measures necessary to ensure compliance with the judgment in Commission v Italy (C-302/09, EU:C:2011:634) before the expiry of the period prescribed in the letter of formal notice sent by the European Commission on 21 November 2012, the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU;










2.


Orders the Italian Republic to pay a penalty payment of EUR 12 million to the European Commission, into the ‘European Union own resources’ account, for every six months of delay in implementing the necessary measures to comply with the judgment in Commission v Italy (C-302/09, EU:C:2011:634), from the day on which judgment is delivered in the present case until the judgment in Commission v Italy has been complied with.










3.


Orders the Italian Republic to pay a lump sum of EUR 30 million to the European Commission, into the ‘European Union own resources’ account.










4.


Orders the Italian Republic to pay the costs.






(1)  OJ C 395, 10.11.2014
Non-opposition to a notified concentration (Case M.7751 — CVC Capital Partners SICAV-FIS/PKP Energetyka) (Text with EEA relevance)
Date: 2015-09-17
Institutions: European Commission
Subjects: diesel fuel, economic concentration, electrical industry, electricity supply, energy distribution, investment company, merger control, natural gas, rail transport, sale








C_2015306EN.01000202.xml










17.9.2015   


EN


Official Journal of the European Union


C 306/2





Non-opposition to a notified concentration
(Case M.7751 — CVC Capital Partners SICAV-FIS/PKP Energetyka)
(Text with EEA relevance)
(2015/C 306/04)
On 9 September 2015, 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 32015M7751. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Statement of revenue and expenditure of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2015 — amending budget No 1
Date: 2015-09-17
Institutions: European Monitoring Centre for Drugs and Drug Addiction
Subjects: EU expenditure, European Monitoring Centre for Drugs and Drug Addiction, amending budget, budgetary resources, publication of accounts








C_2015307EN.01000601.xml










17.9.2015   


EN


Official Journal of the European Union


C 307/6





Statement of revenue and expenditure of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2015 — amending budget No 1
(2015/C 307/02)

REVENUE










Title
Chapter


Heading


Budget 2015


Amending budget No 1


New amount





1






EUROPEAN UNION SUBSIDY





1 1


EUROPEAN UNION SUBSIDY


14 794 000


 


14 794 000




1 2


EUROPEAN UNION SPECIAL FUNDING FOR SPECIFIC PROJECTS


350 000


250 000


600 000




 



Title 1 — Total




15 144 000




250 000




15 394 000






2






OTHER SUBSIDIES





2 1


NORWAY’S PARTICIPATION


389 962


 


389 962




2 2


PRE-ACCESSION STRATEGY


150 000


 


150 000




2 3


INCOME FROM SALE OF CURRENT EMCDDA PREMISES


 


2 500 000


2 500 000




 



Title 2 — Total




539 962




2 500 000




3 039 962






3






REVENUE FOR SERVICES RENDERED AGAINST PAYMENT





3 1


REVENUE FOR SERVICES RENDERED AGAINST PAYMENT


p.m.


 


p.m.




 



Title 3 — Total




p.m.



 



p.m.






4






OTHER REVENUE





4 2


INTEREST GENERATED BY FUNDS PAID TO THE EMCDDA


p.m.


 


p.m.




 



Title 4 — Total




p.m.



 



p.m.





 



GRAND TOTAL




15 683 962




2 750 000




18 433 962






EXPENDITURE










Title
Chapter


Heading


Appropriations 2015


Amending budget No 1


New amount





1






EXPENDITURE RELATING TO PERSONS WORKING WITH THE EMCDDA





1 1


STAFF IN ACTIVE EMPLOYMENT


9 196 364


 


9 196 364




1 2


PENSIONS AND SEVERANCE GRANTS


p.m.


 


p.m.




 



Title 1 — Total




9 196 364



 



9 196 364






2






EXPENDITURE FOR SUPPORT ACTIVITIES





2 1


ADMINISTRATIVE AND LOGISTIC SUPPORT ACTIVITIES


2 249 975


2 500 000


4 749 975




 



Title 2 — Total




2 249 975




2 500 000




4 749 975






3






EXPENDITURE FOR OPERATIONAL ACTIVITIES AND PROJECTS





3 1


PROJECT-RELATED ACTIVITIES


3 887 623


 


3 887 623




 



Title 3 — Total




3 887 623



 



3 887 623






4






EXPENDITURE FOR IMPLEMENTING SPECIAL PROJECTS FUNDED BY SPECIFIC EU SUBSIDIES





4 1


PROJECTS


350 000


250 000


600 000




 



Title 4 — Total




350 000




250 000




600 000






5




RESERVE



 


 


 




 



GRAND TOTAL




15 683 962




2 750 000




18 433 962
Euro exchange rates
Date: 2015-09-17
Institutions: European Commission
Subjects: euro, exchange rate








C_2015306EN.01000401.xml










17.9.2015   


EN


Official Journal of the European Union


C 306/4





Euro exchange rates (1)

16 September 2015
(2015/C 306/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1228




JPY


Japanese yen


135,45




DKK


Danish krone


7,4610




GBP


Pound sterling


0,72665




SEK


Swedish krona


9,3251




CHF


Swiss franc


1,0943




ISK


Iceland króna


 




NOK


Norwegian krone


9,2385




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,065




HUF


Hungarian forint


311,82




PLN


Polish zloty


4,1970




RON


Romanian leu


4,4265




TRY


Turkish lira


3,3706




AUD


Australian dollar


1,5677




CAD


Canadian dollar


1,4877




HKD


Hong Kong dollar


8,7021




NZD


New Zealand dollar


1,7701




SGD


Singapore dollar


1,5726




KRW


South Korean won


1 319,08




ZAR


South African rand


15,0000




CNY


Chinese yuan renminbi


7,1531




HRK


Croatian kuna


7,5740




IDR


Indonesian rupiah


16 204,00




MYR


Malaysian ringgit


4,7531




PHP


Philippine peso


52,356




RUB


Russian rouble


73,8232




THB


Thai baht


40,387




BRL


Brazilian real


4,3134




MXN


Mexican peso


18,6879




INR


Indian rupee


74,6213






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.7731 — Bpifrance/Springwater/Delion France) (Text with EEA relevance)
Date: 2015-09-17
Institutions: European Commission
Subjects: aid for restructuring, economic concentration, investment company, merger control, pulp and paper industry








C_2015306EN.01000201.xml










17.9.2015   


EN


Official Journal of the European Union


C 306/2





Non-opposition to a notified concentration
(Case M.7731 — Bpifrance/Springwater/Delion France)
(Text with EEA relevance)
(2015/C 306/03)
On 9 September 2015, 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 French 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 32015M7731. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Corrigendum to Commission Implementing Regulation (EU) 2015/131 of 23 January 2015 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ L 23, 29.1.2015)
Date: 2015-09-17
Institutions: European Commission
Subjects: South Korea, agricultural product, import (EU), organic product, quality control of agricultural products, surveillance concerning imports








L_2015241EN.01005101.xml










17.9.2015   


EN


Official Journal of the European Union


L 241/51







Corrigendum to Commission Implementing Regulation (EU) 2015/131 of 23 January 2015 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries

(
Official Journal of the European Union L 23 of 29 January 2015
)


On the cover page and on page 1, the title:
for:


                        ‘Commission Implementing Regulation (EU) 2015/131 of 23 January 2015 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries’,

read:


                        ‘Commission Implementing Regulation (EU) 2015/131 of 26 January 2015 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries’;

on page 2, signature:
for:


                     ‘Done at Brussels, 23 January 2015.’,

read:


                     ‘Done at Brussels, 26 January 2015.’
Case C-589/13: Judgment of the Court (Fifth Chamber) of 17 September 2015 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — procedure brought by F.E. Familienprivatstiftung Eisenstadt (Reference for a preliminary ruling — Free movement of capital — Article 56 EC — Interim taxation of capital gains and income from the disposal of holdings by a national foundation — Refusal of right to deduct from the taxable amount gifts to non-resident beneficiaries exempt from tax in the Member State of the foundation under a double taxation convention)
Date: 2015-09-17
Institutions: Court of Justice
Subjects: basis of tax assessment, corporation tax, double taxation, free movement of capital, tax law, tax on investment income, tax relief








C_2015371EN.01000401.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/4





Judgment of the Court (Fifth Chamber) of 17 September 2015 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — procedure brought by F.E. Familienprivatstiftung Eisenstadt
(Case C-589/13) (1)

((Reference for a preliminary ruling - Free movement of capital - Article 56 EC - Interim taxation of capital gains and income from the disposal of holdings by a national foundation - Refusal of right to deduct from the taxable amount gifts to non-resident beneficiaries exempt from tax in the Member State of the foundation under a double taxation convention))
(2015/C 371/05)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: F.E. Familienprivatstiftung Eisenstadt

Intervener: Unabhängiger Finanzsenat, Außenstelle Wien

Operative part of the judgment

Article 56 EC must be interpreted as precluding tax legislation of a Member State, such as that at issue in the main proceedings under which, as regards interim tax which is charged on capital gains and income from the disposal of holdings of a resident private foundation, that foundation has the right to deduct from its taxable amount only gifts made in the course of a given assessment period that have been the subject of a tax levied within that period on the beneficiaries of those gifts in the Member State in which the foundation is taxed, whereas such a deduction is excluded by that national tax legislation where the beneficiaries reside in another Member State and are exempt, on the basis of a double taxation convention, from a tax that is otherwise charged on gifts in the Member State in which the foundation is taxed.


(1)  OJ C 71, 8.3.2014.
Case C-597/13 P: Judgment of the Court (Fifth Chamber) of 17 September 2015 — Total SA v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Infringement committed by a subsidiary wholly owned by the parent company — Presumption of decisive influence exercised by the parent company over its subsidiary — Liability of the parent company arising solely from the unlawful conduct of its subsidiary — Judgment reducing the fine imposed on the subsidiary — Effects on the legal situation of the parent company)
Date: 2015-09-17
Institutions: Court of Justice
Subjects: cartel, competition policy, fine, market-sharing agreement, paraffin, parent company, price agreement, subsidiary








C_2015371EN.01000501.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/5





Judgment of the Court (Fifth Chamber) of 17 September 2015 — Total SA v European Commission
(Case C-597/13 P) (1)

((Appeals - Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Infringement committed by a subsidiary wholly owned by the parent company - Presumption of decisive influence exercised by the parent company over its subsidiary - Liability of the parent company arising solely from the unlawful conduct of its subsidiary - Judgment reducing the fine imposed on the subsidiary - Effects on the legal situation of the parent company))
(2015/C 371/06)
Language of the case: French

Parties


Appellant: Total SA (represented by: É. Morgan de Rivery and É. Lagathu, avocats)

Other party to the proceedings: European Commission (represented by: É. Gippini Fournier and P. Van Nuffel, acting as Agents)

Operative part of the judgment

The Court:






1)


Sets aside the judgment of the General Court of the European Union in Total v Commission (T-548/08, EU:T:2013:434) in so far as it did not bring the fine imposed on Total SA into line with the fine imposed on Total Raffinage Marketing SA by the judgment in Total Raffinage Marketing v Commission (T-566/08, EU:T:2013:423);










2)


Dismisses the appeal as to the remainder;










3)


Sets the fine imposed on Total SA jointly and severally with Total Raffinage Marketing SA in Article 2 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article [81 EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes) at EUR 12 5 4 59  842;










4)


Orders Total SA to bear three quarters of the costs of the European Commission and of its own costs relating to the present appeal and the proceedings at first instance;










5)


Orders the European Commission to bear one quarter of its own costs and of the costs of Total SA relating to the present appeal and the proceedings at first instance.






(1)  OJ C 45, 15.2.2014.
Case C-257/14: Judgment of the Court (Ninth Chamber) of 17 September 2015 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Corina van der Lans v Koninklijke Luchtvaart Maatschappij NV (Reference for a preliminary ruling — Air transport — Passengers’ rights in the event of delay or cancellation of a flight — Regulation (EC) No 261/2004 — Article 5(3) — Denied boarding and cancellation — Long flight delay — Compensation and assistance to passengers — Extraordinary circumstances)
Date: 2015-09-17
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, indemnification, traveller








C_2015371EN.01001101.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/11





Judgment of the Court (Ninth Chamber) of 17 September 2015 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Corina van der Lans v Koninklijke Luchtvaart Maatschappij NV
(Case C-257/14) (1)

((Reference for a preliminary ruling - Air transport - Passengers’ rights in the event of delay or cancellation of a flight - Regulation (EC) No 261/2004 - Article 5(3) - Denied boarding and cancellation - Long flight delay - Compensation and assistance to passengers - Extraordinary circumstances))
(2015/C 371/13)
Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings


Applicant: Corina van der Lans

Defendant: Koninklijke Luchtvaart Maatschappij NV

Operative part of the judgment

Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that a technical problem, such as that at issue in the main proceedings, which occurred unexpectedly, which is not attributable to poor maintenance and which was also not detected during routine maintenance checks, does not fall within the definition of ‘extraordinary circumstances’ within the meaning of that provision.


(1)  OJ C 303, 8.9.2014.
Case C-344/14: Judgment of the Court (Seventh Chamber) of 17 September 2015 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Kyowa Hakko Europe GmbH v Hauptzollamt Hannover (Reference for a preliminary ruling — Tariff and statistical nomenclature — Classification of goods — Amino acid mixes used for the preparation of foodstuffs for infants and young children allergic to cow’s milk proteins — Classification under tariff headings 2106 ‘food preparations’ or 3003 ‘medicinal products’)
Date: 2015-09-17
Institutions: Court of Justice
Subjects: Combined Nomenclature, allergy, baby food, food additive, medicinal product, statistical nomenclature








C_2015371EN.01001201.xml










9.11.2015   


EN


Official Journal of the European Union


C 371/12





Judgment of the Court (Seventh Chamber) of 17 September 2015 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Kyowa Hakko Europe GmbH v Hauptzollamt Hannover
(Case C-344/14) (1)

((Reference for a preliminary ruling - Tariff and statistical nomenclature - Classification of goods - Amino acid mixes used for the preparation of foodstuffs for infants and young children allergic to cow’s milk proteins - Classification under tariff headings 2106 ‘food preparations’ or 3003 ‘medicinal products’))
(2015/C 371/14)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Kyowa Hakko Europe GmbH

Defendant: Hauptzollamt Hannover

Operative part of the judgment

The Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1214/2007 of 20 September 2007, must be interpreted as meaning that amino acid mixes, such as those at issue in the main proceedings, which are used in the preparation of foodstuffs for infants and young children who are allergic to cow’s milk proteins, must be classified under heading 2106 of that nomenclature as ‘food preparations’ since, because of their objective characteristics and properties, those goods do not have clearly defined therapeutic or prophylactic characteristics, with an effect concentrated on precise functions of the human organism and, accordingly, are not capable of being applied in the prevention or treatment of diseases or ailments and also are not naturally intended for medical use, which it is for the national court to ascertain.


(1)  OJ C 339, 29.9.2014.
Non-opposition to a notified concentration (Case M.7738 — Naxicap/Banque publique d’investissement/DEFTA Group) (Text with EEA relevance)
Date: 2015-09-17
Institutions: European Commission
Subjects: economic concentration, industrial financing, investment company, merger control, motor vehicle industry, supplier








C_2015306EN.01000102.xml










17.9.2015   


EN


Official Journal of the European Union


C 306/1





Non-opposition to a notified concentration
(Case M.7738 — Naxicap/Banque publique d’investissement/DEFTA Group)
(Text with EEA relevance)
(2015/C 306/02)
On 9 September 2015, 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 French 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 32015M7738. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.