do-me/EUR-LEX huggingface dataset:
Case F-130/15: Action brought on 1 October 2015 — ZZ v ECB
Date: 2015-10-01
Institutions: Civil Service Tribunal
Subjects: European official, indemnification, pay rise








C_2016016EN.01005202.xml










18.1.2016   


EN


Official Journal of the European Union


C 16/52





Action brought on 1 October 2015 — ZZ v ECB
(Case F-130/15)
(2016/C 016/62)
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi and A. Tymen, lawyers)

Defendant: European Central Bank (ECB)

Subject-matter and description of the proceedings

Annulment of the decision of the Executive Board of the ECB not to grant the applicant an additional salary increase in respect of 2015 in the Annual Salary Review procedure and an application for damages in respect of the material and non-material harm allegedly incurred.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the Executive Board’s decision, adopted on 24 February 2015 and communicated to staff on 13 March 2015, not to grant the applicant an additional salary increase in respect of 2015;










—


annul the decision dated 10 July 2014 and received on 20 July 2014 rejecting the special appeal;










—


if necessary, annul the decision of the competent Head of Department not to consider or propose the applicant for an ASA, impliedly communicated by the Executive Board’s decision of 24 February 2015 and by the decision dated 10 July 2015 rejecting the special appeal;










—


order the payment of compensation to the applicant in respect of the material harm consisting in the loss of an opportunity of obtaining an ASA in 2015, assessed at EUR 49 102, or, in the alternative, annul the procedure which led to the decision of 24 February 2015 and order the organisation by the ECB of a new procedure for the grant of additional salary increases in respect of 2015;










—


order the payment of compensation to the applicant in respect of the non-material harm incurred, assessed on equitable principles at EUR 10 000;










—


order the European Central Bank to pay all the costs.
Case C-201/14: Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Smaranda Bara and Others v Președintele Casei Naționale de Asigurări de Sănătate, Casa Naţională de Asigurări de Sănătate, Agenţia Naţională de Administrare Fiscală (ANAF) (Reference for a preliminary ruling — Directive 95/46/EC — Processing of personal data — Articles 10 and 11 — Data subjects’ information — Article 13 — Exceptions and limitations — Transfer by a public administrative body of a Member State of personal tax data for processing by another public administrative body)
Date: 2015-10-01
Institutions: Court of Justice
Subjects: data protection, database, exchange of information, financial institution, income, personal data, social-security contribution








C_2015381EN.01000501.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/5





Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Smaranda Bara and Others v Președintele Casei Naționale de Asigurări de Sănătate, Casa Naţională de Asigurări de Sănătate, Agenţia Naţională de Administrare Fiscală (ANAF)
(Case C-201/14) (1)

((Reference for a preliminary ruling - Directive 95/46/EC - Processing of personal data - Articles 10 and 11 - Data subjects’ information - Article 13 - Exceptions and limitations - Transfer by a public administrative body of a Member State of personal tax data for processing by another public administrative body))
(2015/C 381/05)
Language of the case: Romanian

Referring court

Curtea de Apel Cluj

Parties to the main proceedings


Applicant: Smaranda Bara and Others

Defendants: Casa Naţională de Asigurări de Sănătate, Președintele Casei Naționale de Asigurări de Sănătate, Agenţia Naţională de Administrare Fiscală (ANAF)

Operative part of the judgment

Articles 10, 11 and 13 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, must be interpreted as precluding national measures, such as those at issue in the main proceedings, which allow a public administrative body of a Member State to transfer personal data to another public administrative body and their subsequent processing, without the data subjects having been informed of that transfer or processing.


(1)  OJ C 223, 14.7.2014.
Case C-524/15: Request for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 1 October 2015 — Criminal proceedings against Luca Menci
Date: 2015-10-01
Institutions: Court of Justice
Subjects: VAT, administrative sanction, crime, criminal liability, fine








C_2015414EN.01002201.xml










14.12.2015   


EN


Official Journal of the European Union


C 414/22





Request for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 1 October 2015 — Criminal proceedings against Luca Menci
(Case C-524/15)
(2015/C 414/27)
Language of the case: Italian

Referring court

Tribunale di Bergamo

Party to the main proceedings

Luca Menci

Question referred

Does Article 50 of the Charter of Fundamental Rights of the European Union, interpreted in the light of Article 4 of Protocol No 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the related case-law of the European Court of Human Rights, preclude the possibility of conducting criminal proceedings concerning an act (non-payment of VAT) for which a definitive administrative penalty has been imposed on the defendant?
Case C-32/14: Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — ERSTE Bank Hungary Zrt v Attila Sugár (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Mortgage loan agreement — Article 7(1) — Stopping the use of unfair terms — Adequate and effective means — Acknowledgement of the debt — Notarised instrument — Affixation of the enforcement clause by a notary — Enforceable order — Notary’s obligations — Examination by the national court of its own motion of unfair terms — Judicial review — Principles of equivalence and effectiveness)
Date: 2015-10-01
Institutions: Court of Justice
Subjects: consumer information, debt, enforcement of ruling, mortgage, notary, unfair terms of contract








C_2015381EN.01000402.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/4





Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — ERSTE Bank Hungary Zrt v Attila Sugár
(Case C-32/14) (1)

((Reference for a preliminary ruling - Directive 93/13/EEC - Unfair terms in consumer contracts concluded between a seller or supplier and a consumer - Mortgage loan agreement - Article 7(1) - Stopping the use of unfair terms - Adequate and effective means - Acknowledgement of the debt - Notarised instrument - Affixation of the enforcement clause by a notary - Enforceable order - Notary’s obligations - Examination by the national court of its own motion of unfair terms - Judicial review - Principles of equivalence and effectiveness))
(2015/C 381/04)
Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings


Applicant: ERSTE Bank Hungary Zrt

Defendant: Attila Sugár

Operative part of the judgment

Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that they do not preclude national legislation, such as that at issue in the main proceedings, which allows a notary who drew up, in due form, an authentic instrument concerning a contract concluded between a seller or supplier and a consumer, to affix the enforcement clause to that instrument or to refuse to cancel it when no review of the unfairness of the contractual terms has been performed at any stage.


(1)  OJ C 102, 7.4.2014.
Council Decision (EU) 2015/1774 of 1 October 2015 appointing a Spanish alternate member of the Committee of the Regions
Date: 2015-10-01
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2015258EN.01001001.xml










3.10.2015   


EN


Official Journal of the European Union


L 258/10








            COUNCIL DECISION (EU) 2015/1774
of 1 October 2015
         
appointing a Spanish alternate member of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Spanish Government,

Whereas:







(1)


On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Emilio DEL RÍO SANZ,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Dña Begoña MARTÍNEZ ARREGUI, Consejera de Presidencia, Relaciones Institucionales y Acción Exterior del Gobierno de la Rioja.






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




Done at Luxembourg, 1 October 2015.


For the Council


The President

E. SCHNEIDER
            





(1)  
            OJ L 20, 27.1.2015, p. 42.

(2)  
            OJ L 31, 7.2.2015, p. 25.

(3)  
            OJ L 159, 25.6.2015, p. 70
Case C-432/14: Judgment of the Court (Seventh Chamber) of 1 October 2015 (request for a preliminary ruling from the Conseil de prud’hommes de Paris — France) — O v Bio Philippe Auguste SARL (Reference for a preliminary ruling — Social policy — Principles of equal treatment and non-discrimination on grounds of age — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and 2(2)(a) — Difference in treatment on grounds of age — Whether situations comparable — Grant of a payment, on the expiry of a fixed-term employment contract, intended to compensate for insecurity — Exclusion of young people working during their school holidays or university vacations)
Date: 2015-10-01
Institutions: Court of Justice
Subjects: EU law - national law, age discrimination, bonus payment, equal treatment, holiday, interpretation of the law, student, temporary employment, work contract, young worker








C_2015381EN.01001001.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/10





Judgment of the Court (Seventh Chamber) of 1 October 2015 (request for a preliminary ruling from the Conseil de prud’hommes de Paris — France) — O v Bio Philippe Auguste SARL
(Case C-432/14) (1)

((Reference for a preliminary ruling - Social policy - Principles of equal treatment and non-discrimination on grounds of age - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(1) and 2(2)(a) - Difference in treatment on grounds of age - Whether situations comparable - Grant of a payment, on the expiry of a fixed-term employment contract, intended to compensate for insecurity - Exclusion of young people working during their school holidays or university vacations))
(2015/C 381/11)
Language of the case: French

Referring court

Conseil de prud’hommes de Paris

Parties to the main proceedings


Applicant: O

Defendant: Bio Philippe Auguste SARL

Operative part of the judgment

The principle of non-discrimination on grounds of age, enshrined in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which an end-of-contract payment, paid in addition to an employee’s salary on the expiry of a fixed-term employment contract where the contractual relationship is not continued in the form of a contract for an indefinite period, is not payable in the event that the contract is concluded with a young person for a period during his school holidays or university vacation.


(1)  OJ C 431, 1.2.2014.
Criteria for the attribution of cases to chambers
Date: 2015-10-01
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, allocation of work, judicial proceedings, member of the Court of Justice (EU), rules of procedure








C_2015323EN.01000401.xml










1.10.2015   


EN


Official Journal of the European Union


C 323/4





Criteria for the attribution of cases to chambers
(2015/C 323/05)
On 11 September 2015, pursuant to Article 4 of Annex I to the Statute of the Court of Justice and Article 13(2) of its Rules of Procedure, the Tribunal decided to attribute cases, as soon as the application has been lodged, to the 1st Chamber, the 2nd Chamber or the 3rd Chamber alternately, on the basis of the order in which they were registered at the Registry and without prejudice to referrals to the full court or to a single judge.
The President of the Tribunal may derogate from the rules for allocation above on account of the connection between cases or to ensure a balanced and consistent workload within the Tribunal.
On the same grounds, the President of the Tribunal may decide to reattribute cases during the proceedings, after consulting the judges concerned and prior to the presentation of the preliminary report referred to in Article 58 of the Rules of Procedure of the Tribunal.
Prior notification of a concentration (Case M.7788 — Ardian/Electricité de France/Géosel) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-10-01
Institutions: European Commission
Subjects: economic concentration, electricity supply, energy production, gas supply, investment company, merger control, storage of hydrocarbons, transport company








C_2015323EN.01000601.xml










1.10.2015   


EN


Official Journal of the European Union


C 323/6





Prior notification of a concentration
(Case M.7788 — Ardian/Electricité de France/Géosel)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 323/07)






1.


On 22 September 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 undertakings Ardian France SAS (‘Ardian’, France) and Electricité de France SA (‘EDF’, France) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Géosel Manosque SAS (‘Géosel’, France) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Ardian: the global provision of private equity and asset management activities in relation to, amongst others, the healthcare, infrastructure, energy, consumer goods and new technologies sectors,
—   for EDF: the generation and wholesale supply of electricity, the transmission, distribution and retail supply of electricity, the provision of other electricity-related services as well as the wholesale and retail sale of natural gas,
—   for Géosel: the underground storage and transportation of hydrocarbons in France.










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 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7788 — Ardian/Electricité de France/Géosel, 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.
Case C-357/14 P: Judgment of the Court (Third Chamber) of 1 October 2015 — Electrabel SA and Dunamenti Erőmű Zrt v European Commission (Appeal — State aid — Aid granted by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring that aid incompatible with the common market and ordering its recovery — Meaning of ‘party’ capable of bringing an appeal before the Court — Accession of Hungary to the European Union — Date relevant to the assessment of the existence of aid — Concept of State aid — Advantage — Private investor test — Methodology for calculating the amount of aid)
Date: 2015-10-01
Institutions: Court of Justice
Subjects: Hungary, State aid, accession to the European Union, control of State aid, electrical energy, energy production, private investment, reimbursement of aid, single market








C_2015381EN.01000901.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/9





Judgment of the Court (Third Chamber) of 1 October 2015 — Electrabel SA and Dunamenti Erőmű Zrt v European Commission
(Case C-357/14 P) (1)

((Appeal - State aid - Aid granted by the Hungarian authorities to certain electricity generators - Power purchase agreements concluded between a public undertaking and certain electricity generators - Decision declaring that aid incompatible with the common market and ordering its recovery - Meaning of ‘party’ capable of bringing an appeal before the Court - Accession of Hungary to the European Union - Date relevant to the assessment of the existence of aid - Concept of State aid - Advantage - Private investor test - Methodology for calculating the amount of aid))
(2015/C 381/10)
Language of the case: English

Parties


Appellants: Electrabel SA and Dunamenti Erőmű Zrt (represented by: J. Philippe, F.-H. Boret and A.-C. Guyon, avocats, and by P. Turner QC)

Other party to the proceedings: European Commission (represented by: L. Flynn and K. Talabér-Ritz, acting as Agents)

Operative part of the judgment

The Court:






1)


Dismisses the appeal;










2)


Orders Dunamenti Erőmű Zrt. to bear its own costs and to pay those incurred by the European Commission;










3)


Orders Electrabel SA to bear its own costs.






(1)  OJ C 329, 22.9.2014.
Case C-452/14: Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Agenzia Italiana del Farmaco (AIFA), Ministero della Salute v Doc Generici Srl (Reference for a preliminary ruling — Article 267 TFEU — Obligation to bring the matter before the Court of Justice — Approximation of laws — Proprietary medicinal products — Medicinal products for human use — Marketing authorisation — Variation — Fees — Regulation (EC) No 297/95 — Regulation (EC) No 1234/2008 — Scope)
Date: 2015-10-01
Institutions: Court of Justice
Subjects: approximation of laws, interpretation of the law, law of states, market approval, medicinal product, pharmaceutical legislation








C_2015381EN.01001101.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/11





Judgment of the Court (Third Chamber) of 1 October 2015 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Agenzia Italiana del Farmaco (AIFA), Ministero della Salute v Doc Generici Srl
(Case C-452/14) (1)

((Reference for a preliminary ruling - Article 267 TFEU - Obligation to bring the matter before the Court of Justice - Approximation of laws - Proprietary medicinal products - Medicinal products for human use - Marketing authorisation - Variation - Fees - Regulation (EC) No 297/95 - Regulation (EC) No 1234/2008 - Scope))
(2015/C 381/12)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: Agenzia Italiana del Farmaco (AIFA), Ministero della Salute

Defendant: Doc Generici Srl

Operative part of the judgment







1)


Neither Council Regulation (EC) No 297/95 of 10 February 1995 on fees payable to the European Agency for the Evaluation of Medicinal Products, as amended by Commission Regulation (EU) No 273/2012 of 27 March 2012, nor Commission Regulation (EC) No 1234/2008 of 24 November 2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products, as amended by Commission Regulation (EU) No 712/2012 of 3 August 2012, requires a competent national authority to demand, in respect of the change of address of a marketing authorisation holder, payment of as many charges as there are marketing authorisations requiring variation, and nor do those regulations prohibit such an authority from demanding such payment.










2)


Article 267 TFEU must be interpreted as meaning that a court or tribunal against whose decisions there is no judicial remedy under national law is required, in circumstances such as those in the main proceedings, to comply with its obligation to bring the matter before the Court of Justice.






(1)  OJ C 448, 15.12.2014.
Case C-606/13: Judgment of the Court (Seventh Chamber) of 1 October 2015 (request for a preliminary ruling from the Kammarrätten i Sundsvall — Sweden) — OKG AB v Skatteverket (Reference for a preliminary ruling — Directive 2003/96/EC — Articles 4 and 21 — Directive 2008/118/EC — Directive 92/12/EEC — Article 3(1) — Scope — Rules of a Member State — Levying of a tax on the thermal power of nuclear reactors)
Date: 2015-10-01
Institutions: Court of Justice
Subjects: EU law - national law, basis of tax assessment, electrical energy, energy-generating product, excise duty, indirect tax, interpretation of the law, tax collection








C_2015381EN.01000401.xml










16.11.2015   


EN


Official Journal of the European Union


C 381/4





Judgment of the Court (Seventh Chamber) of 1 October 2015 (request for a preliminary ruling from the Kammarrätten i Sundsvall — Sweden) — OKG AB v Skatteverket
(Case C-606/13) (1)

((Reference for a preliminary ruling - Directive 2003/96/EC - Articles 4 and 21 - Directive 2008/118/EC - Directive 92/12/EEC - Article 3(1) - Scope - Rules of a Member State - Levying of a tax on the thermal power of nuclear reactors))
(2015/C 381/03)
Language of the case: Swedish

Referring court

Kammarrätten i Sundsvall

Parties to the main proceedings


Applicant: OKG AB

Defendant: Skatteverket

Operative part of the judgment







1.


Articles 4(2) and 21(5) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity must be interpreted as not precluding a national rule, such as the one at issue in the main proceedings, which provides for the levying of a tax on the thermal power of nuclear reactors, in so far as such a tax does not come within the scope of that directive.










2.


Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products must be interpreted as meaning that a tax on the thermal power of a nuclear reactor is not an excise duty for the purposes of that directive.






(1)  OJ C 39, 8.2.2014.