do-me/EUR-LEX huggingface dataset:
Information communicated by Member States regarding closure of fisheries
Date: 2016-07-13
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing








C_2016254EN.01000402.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/4





Information communicated by Member States regarding closure of fisheries
(2016/C 254/06)
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


9.6.2016




Duration


9.6.2016 till 31.12.2016




Member State


Belgium




Stock or Group of stocks


SOL/7HJK.




Species


Common sole (Solea solea)




Zone


VIIh, VIIj and VIIk




Type(s) of fishing vessels


—




Reference number


11/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-187/15: Judgment of the Court (First Chamber) of 13 July 2016 (request for a preliminary ruling from the Verwaltungsgericht Düsseldorf — Germany) — Joachim Pöpperl v Land Nordrhein-Westfalen (Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Civil servant of a Member State who has left the public service in order to be employed in another Member State — National legislation providing in that case for loss of the retirement pension rights acquired in the civil service and for retrospective insurance under the general old-age insurance scheme)
Date: 2016-07-13
Institutions: Court of Justice
Subjects: free movement of workers, pension scheme, public service








C_2016335EN.01001801.xml










12.9.2016   


EN


Official Journal of the European Union


C 335/18





Judgment of the Court (First Chamber) of 13 July 2016 (request for a preliminary ruling from the Verwaltungsgericht Düsseldorf — Germany) — Joachim Pöpperl v Land Nordrhein-Westfalen
(Case C-187/15) (1)

((Reference for a preliminary ruling - Article 45 TFEU - Freedom of movement for workers - Civil servant of a Member State who has left the public service in order to be employed in another Member State - National legislation providing in that case for loss of the retirement pension rights acquired in the civil service and for retrospective insurance under the general old-age insurance scheme))
(2016/C 335/23)
Language of the case: German

Referring court

Verwaltungsgericht Düsseldorf

Parties to the main proceedings


Applicant: Joachim Pöpperl

Defendant: Land Nordrhein-Westfalen

Operative part of the judgment







1.


Article 45 TFEU must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which a person having the status of civil servant in a Member State who leaves his post voluntarily in order to be employed in another Member State loses his retirement pension rights under the retirement pension scheme for civil servants and is insured retrospectively under the general old-age insurance scheme, conferring entitlement to a retirement pension lower than the retirement pension that would result from those rights.










2.


Article 45 TFEU must be interpreted as meaning that is incumbent on the national court to give full effect to that article and to grant workers, in a situation such as that at issue in the main proceedings, retirement pension rights which are comparable to those of the civil servants who retain retirement pension rights corresponding, despite a change in public-sector employer, to the years of pensionable service that they have completed, by interpreting domestic law in conformity with that article or, if such an interpretation is not possible, by disapplying any contrary provision of domestic law in order to apply the same arrangements as those applicable to those civil servants.






(1)  OJ C 245, 27.7.2015.
Euro exchange rates
Date: 2016-07-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2016254EN.01000301.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/3





Euro exchange rates (1)

12 July 2016
(2016/C 254/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1092 




JPY


Japanese yen


115,29 




DKK


Danish krone


7,4378 




GBP


Pound sterling


0,84275 




SEK


Swedish krona


9,4470 




CHF


Swiss franc


1,0904 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3499 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,034 




HUF


Hungarian forint


313,94 




PLN


Polish zloty


4,4171 




RON


Romanian leu


4,4942 




TRY


Turkish lira


3,2028 




AUD


Australian dollar


1,4532 




CAD


Canadian dollar


1,4452 




HKD


Hong Kong dollar


8,6051 




NZD


New Zealand dollar


1,5184 




SGD


Singapore dollar


1,4939 




KRW


South Korean won


1 271,30 




ZAR


South African rand


15,8657 




CNY


Chinese yuan renminbi


7,4148 




HRK


Croatian kuna


7,4928 




IDR


Indonesian rupiah


14 555,48 




MYR


Malaysian ringgit


4,3964 




PHP


Philippine peso


52,534 




RUB


Russian rouble


70,8144 




THB


Thai baht


39,011 




BRL


Brazilian real


3,6414 




MXN


Mexican peso


20,2867 




INR


Indian rupee


74,4220 






(1)  Source: reference exchange rate published by the ECB.
Amendment to the Rules of Procedure of the General Court
Date: 2016-07-13
Institutions: General Court
Subjects: European Union Intellectual Property Office, operation of the Institutions, rules of procedure








L_2016217EN.01007101.xml










12.8.2016   


EN


Official Journal of the European Union


L 217/71








            AMENDMENT TO THE RULES OF PROCEDURE OF THE GENERAL COURT
         


THE GENERAL COURT,
Having regard to the Treaty on the Functioning of the European Union, and in particular the fifth paragraph of Article 254 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
Having regard to the Protocol on the Statute of the Court of Justice of the European Union, and in particular Article 63 thereof,
Whereas Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (1) changes the name of the Office for Harmonization in the Internal Market (Trade Marks and Designs) and it is appropriate in consequence to amend the Rules of Procedure to include in them a reference to the European Union Intellectual Property Office,
With the agreement of the Court of Justice,
With the approval of the Council given on 6 July 2016,
HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:



Article 1
In Article 1(2)(g) of the Rules of Procedure of the General Court (2), the reference to ‘the Office for Harmonization in the Internal Market (Trade Marks and Designs)’ is replaced by a reference to ‘the European Union Intellectual Property Office’.


Article 2
This amendment to the Rules of Procedure, authentic in the languages referred to in Article 44 of those Rules, shall be published in the Official Journal of the European Union and shall enter into force on the day of its publication.




Done at Luxembourg, 13 July 2016.


Registrar

E. COULON
            

President

M. JAEGER
            





(1)  
            OJ L 341, 24.12.2015, p. 21.

(2)  Rules of Procedure of the General Court (OJ L 105, 23.4.2015, p. 1).
Information communicated by Member States regarding closure of fisheries
Date: 2016-07-13
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing








C_2016254EN.01000501.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/5





Information communicated by Member States regarding closure of fisheries
(2016/C 254/07)
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


9.6.2016




Duration


9.6.2016 till 31.12.2016




Member State


Belgium




Stock or Group of stocks


PLE/7HJK.




Species


Plaice (Pleuronectes platessa)




Zone


VIIh, VIIj and VIIk




Type(s) of fishing vessels


—




Reference number


10/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2016-07-13
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Latvia, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing








C_2016254EN.01000401.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/4





Information communicated by Member States regarding closure of fisheries
(2016/C 254/05)
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


9.6.2016




Duration


9.6.2016 till 31.12.2016




Member State


Latvia




Stock or Group of stocks


RED/51214D




Species


Redfish (Sebastes spp.)




Zone


Union and international waters of V; international waters of XII and XIV




Type(s) of fishing vessels


—




Reference number


12/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2016-07-13
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing








C_2016254EN.01000701.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/7





Information communicated by Member States regarding closure of fisheries
(2016/C 254/11)
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


2.6.2016




Duration


2.6.2016 till 31.12.2016




Member State


Spain




Stock or Group of stocks


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


Union and international waters of V, VI and VII




Type(s) of fishing vessels


—




Reference number


06/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2016-07-13
Institutions: European Commission
Subjects: Belgium, EU waters, Irish Sea, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing








C_2016254EN.01000502.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/5





Information communicated by Member States regarding closure of fisheries
(2016/C 254/08)
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


9.6.2016




Duration


9.6.2016 till 31.12.2016




Member State


Belgium




Stock or Group of stocks


WHG/07A.




Species


Whiting (Merlangius merlangus)




Zone


VIIa




Type(s) of fishing vessels


—




Reference number


09/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case M.8065 — Verizon Communications/Hearst Corporation/Complex Media Holdings) (Text with EEA relevance)
Date: 2016-07-13
Institutions: European Commission
Subjects: economic concentration, mass media, merger control, programmes industry








C_2016254EN.01000101.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/1





Non-opposition to a notified concentration
(Case M.8065 — Verizon Communications/Hearst Corporation/Complex Media Holdings)
(Text with EEA relevance)
(2016/C 254/01)
On 4 July 2016, 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 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 32016M8065. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-392/16: Request for a preliminary ruling from the Curtea de Apel Bucureşti (Romania) lodged on 13 July 2016 — Marcu Dumitru v Agenția Națională de Administrare Fiscală (ANAF), Direcția Generală Regională a Finanțelor Publice București
Date: 2016-07-13
Institutions: Court of Justice
Subjects: VAT, tax inspection, tax law, taxpayer








C_2016350EN.01001602.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/16





Request for a preliminary ruling from the Curtea de Apel Bucureşti (Romania) lodged on 13 July 2016 — Marcu Dumitru v Agenția Națională de Administrare Fiscală (ANAF), Direcția Generală Regională a Finanțelor Publice București
(Case C-392/16)
(2016/C 350/21)
Language of the case: Romanian

Referring court

Curtea de Apel Bucureşti

Parties to the main proceedings


Appellant: Marcu Dumitru

Respondent: Agenția Națională de Administrare Fiscală (ANAF), Direcția Generală Regională a Finanțelor Publice București

Question referred

In circumstances such as those in the main proceedings, do Directive 77/388/EEC (1) and Directive 2006/112/EC (2) preclude national legislation or a tax practice according to which the reverse charge mechanism (simplification measures) — which was at the time mandatory for transactions, relating to land, between taxable persons for VAT purposes — is not applicable to a person who has been subject to an investigation and registered, automatically, for VAT purposes following that investigation, on the grounds that that person had not applied for or been granted registration before the transactions were carried out or the ceiling [for exemption] was exceeded?


(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Information communicated by Member States regarding closure of fisheries
Date: 2016-07-13
Institutions: European Commission
Subjects: Belgium, EU waters, Irish Sea, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing








C_2016254EN.01000601.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/6





Information communicated by Member States regarding closure of fisheries
(2016/C 254/09)
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


9.6.2016




Duration


9.6.2016 till 31.12.2016




Member State


Belgium




Stock or Group of stocks


COD/07A.




Species


Cod (Gadus morhua)




Zone


VIIa




Type(s) of fishing vessels


—




Reference number


08/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Corrigendum to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014)
Date: 2016-07-13
Institutions: Council of the European Union, European Parliament
Subjects: financial control, financial instrument, financial legislation, investment company, management audit, provision of services








L_2016188EN.01002801.xml










13.7.2016   


EN


Official Journal of the European Union


L 188/28







Corrigendum to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU

(
Official Journal of the European Union L 173 of 12 June 2014
)


On page 385, point 43 of Article 4(1):
for:







‘(43)


“structured deposit” means a deposit as defined in point (c) of Article 2(1) of Directive 2014/49/EU of the European Parliament and of the Council …’,





read:







‘(43)


“structured deposit” means a deposit as defined in point (3) of Article 2(1) of Directive 2014/49/EU of the European Parliament and of the Council …’.
Case T-373/16: Action brought on 13 July 2016 — Victaulic Europe v Commission
Date: 2016-07-13
Institutions: General Court
Subjects: Belgium, State aid, control of State aid, fiscal policy, principle of legal certainty, profit, reimbursement of aid








C_2016350EN.01002002.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/20





Action brought on 13 July 2016 — Victaulic Europe v Commission
(Case T-373/16)
(2016/C 350/26)
Language of the case: English

Parties


Applicant: Victaulic Europe (Nazareth, Belgium) (represented by: C. Fairpo, Solicitor)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the application for annulment admissible;










—


annul the decision of the Commission of 11 January 2016 on the excess profit exemption state aid scheme SA.37667 (2015/C) (ex 2015/NN) implemented by the Kingdom of Belgium in as much as the decision incorrectly classifies the excess profit ruling system as a scheme, does not properly identify the alleged state aid measure, incorrectly considers the excess profit ruling as incompatible state aid within the meaning of Article 107 TFUE and incorrectly requires Belgium to recover undefinable sums from recipients of rulings under the excess profit ruling system; and










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Commission erred in law by incorrectly classifying the excess profit ruling system as an aid scheme.










2.


Second plea in law, alleging that the Commission erred in law by failing to consider whether the alleged aid awards actually provided an advantage.










3.


Third plea in law, alleging that the Commission erred in law in assessing the excess profit ruling system as selective.










4.


Fourth plea in law, alleging that the obligation on Belgium to recover the alleged aid awards infringes the principle of legal certainty.
Case C-18/15: Judgment of the Court (Fifth Chamber) of 13 July 2016 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Brisal — Auto Estradas do Litoral SA, KBC Finance Ireland v Fazenda Pública (Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Tax legislation — Taxation of interest received — Difference in treatment between resident financial institutions and non-resident financial institutions)
Date: 2016-07-13
Institutions: Court of Justice
Subjects: EU Member State, equal treatment, establishment, financial institution, freedom to provide services, interest, national law, tax law, tax on income








C_2016335EN.01001001.xml










12.9.2016   


EN


Official Journal of the European Union


C 335/10





Judgment of the Court (Fifth Chamber) of 13 July 2016 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Brisal — Auto Estradas do Litoral SA, KBC Finance Ireland v Fazenda Pública
(Case C-18/15) (1)

((Reference for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Restrictions - Tax legislation - Taxation of interest received - Difference in treatment between resident financial institutions and non-resident financial institutions))
(2016/C 335/12)
Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings


Applicants: Brisal — Auto Estradas do Litoral SA, KBC Finance Ireland

Defendant: Fazenda Pública

Operative part of the judgment

Article 49 EC does not preclude national legislation under which a procedure for withholding tax at source is applied to the income of financial institutions that are not resident in the Member State in which the services are provided, whereas the income received by financial institutions that are resident in that Member State is not subject to such withholding tax, provided that the application of the withholding tax to the non-resident financial institutions is justified by an overriding reason in the general interest and does not go beyond what is necessary to attain the objective pursued.
Article 49 EC precludes national legislation, such as that at issue in the main proceedings, which, as a general rule, taxes non-resident financial institutions on the interest income received within the Member State concerned without giving them the opportunity to deduct business expenses directly related to the activity in question, whereas such an opportunity is given to resident financial institutions.
It is for the national court to assess, on the basis of its national law, which business expenses may be regarded as being directly related to the activity in question.


(1)  OJ C 118, 13.4.2015.