do-me/EUR-LEX huggingface dataset:
Case F-147/15: Judgment of the Civil Service Tribunal (Third Chamber) of 19 July 2016 — Meyrl v Parliament (Civil Service — Member of the temporary staff — Termination of employment — Right to be heard)
Date: 2016-07-19
Institutions: Civil Service Tribunal
Subjects: political group (EP), servant (EU), termination of employment, work contract








C_2016364EN.01004002.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/40






Judgment of the Civil Service Tribunal (Third Chamber) of 19 July 2016 — Meyrl v Parliament
(Case F-147/15) (1)

((Civil Service - Member of the temporary staff - Termination of employment - Right to be heard))
(2016/C 364/49)
Language of the case: French

Parties


Applicant: Sonja Meyrl (Bruxelles, Belgique) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament (represented by: V. Montebello-Demogeot and M. Dean, agents)

Re:

Application for annulment of the decision terminating the applicant’s contract.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision du 24 February 2015 to terminate the employment contract of Ms Sonja Meyrl, adopted by the Co-president of the political group ‘Greens/European Free Alliance’, as an authority of the European Parliament authorised to conclude employment contracts;










2.


Orders the European Parliament to bear its own costs and to pay the costs incurred by Ms Meyrl.






(1)  OJ C 68, 22.2.2016, p. 46.
Case C-404/16: Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 19 July 2016 — Lombard Ingatlan Lízing Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Date: 2016-07-19
Institutions: Court of Justice
Subjects: VAT, hire purchase, tax law, tax relief








C_2016364EN.01000902.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/9






Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 19 July 2016 — Lombard Ingatlan Lízing Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
(Case C-404/16)
(2016/C 364/04)
Language of the case: Hungarian

Referring court

Szegedi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: Lombard Ingatlan Lízing Zrt.

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság

Questions referred







1.


Is the concept of refusal in Article 90(1) of Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax (‘the VAT Directive’) to be interpreted as including a situation in which, under a closed-end financial leasing agreement, the lessor under the lease (‘the lessor’) may no longer claim payment of the leasing instalment from the lessee under the lease (‘the lessee’) because the lessor has terminated the agreement owing to breach of contract by the lessee?










2.


If the answer is in the affirmative, may the lessor, in accordance with Article 90(1) of the VAT Directive, reduce the taxable amount, even if the national legislature, availing itself of the option provided in Article 90(2) of the VAT Directive, has not allowed reduction of the taxable amount in the event of total or partial non-payment?






(1)  OJ 2006 L 347, p. 1.
Non-opposition to a notified concentration (Case M.8000 — DCC/Dansk Fuels) (Text with EEA relevance)
Date: 2016-07-19
Institutions: European Commission
Subjects: economic concentration, fuel, merger control, retail trade, wholesale trade








C_2016261EN.01000101.xml










19.7.2016   


EN


Official Journal of the European Union


C 261/1





Non-opposition to a notified concentration
(Case M.8000 — DCC/Dansk Fuels)
(Text with EEA relevance)
(2016/C 261/01)
On 20 June 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 32016M8000. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case F-130/14: Judgment of the Civil Service Tribunal (Third Chamber) of 19 July 2016 — Earlie v Parliament (Civil service — Official — Former official — Sums deducted from his retirement pension — Maintenance payable to the ex-wife of the former official — Attachment order adopted by a national court — Attachment order discharged — New order requiring the former official to instruct the Parliament to pay the maintenance to his ex-wife — Instructions to that effect by the former official — Subsequent instructions from the former official to cease the payments to his ex-wife — Parliament’s refusal to execute the instructions — Family law — Exclusive jurisdiction of the national court — Duty of sincere cooperation)
Date: 2016-07-19
Institutions: Civil Service Tribunal
Subjects: European official, damages, divorce, divorced person, indemnification, jurisdiction, maintenance obligation, pension scheme








C_2016364EN.01002902.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/29






Judgment of the Civil Service Tribunal (Third Chamber) of 19 July 2016 — Earlie v Parliament
(Case F-130/14) (1)

((Civil service - Official - Former official - Sums deducted from his retirement pension - Maintenance payable to the ex-wife of the former official - Attachment order adopted by a national court - Attachment order discharged - New order requiring the former official to instruct the Parliament to pay the maintenance to his ex-wife - Instructions to that effect by the former official - Subsequent instructions from the former official to cease the payments to his ex-wife - Parliament’s refusal to execute the instructions - Family law - Exclusive jurisdiction of the national court - Duty of sincere cooperation))
(2016/C 364/33)
Language of the case: English

Parties


Applicant: Thomas Earlie (Seville, Spain) (represented by: D. Bergin, solicitor)

Defendant: European Parliament (represented by: M. Dean and M. Ecker, acting as Agents)

Intervener in support of the defendant: Mary Earlie Gibbons (Dublin, Ireland) (H. Millar, solicitor)

Re:

Application for annulment of the decision to deduct from the applicant’s pension the amount of maintenance the applicant is obliged to pay to his former wife, that being a decision which, according to the applicant, infringes a judgment of a national court in divorce proceedings and an application for damages in respect of the material and non-material harm allegedly suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Declares that Mr Earlie shall bear his own costs and orders him to pay the costs incurred by the European Parliament;










3.


Declares that Ms Earlie Gibbons shall bear her own costs.






(1)  OJ C 34, 2.2.2015, p. 52.
Prior notification of a concentration (Case M.8098 — Italmobiliare/Clessidra SGR) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-07-19
Institutions: European Commission
Subjects: economic concentration, financial services, investment company, merger control, trust








C_2016261EN.01000501.xml










19.7.2016   


EN


Official Journal of the European Union


C 261/5





Prior notification of a concentration
(Case M.8098 — Italmobiliare/Clessidra SGR)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 261/05)






1.


On 12 July 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Italmobiliare S.p.A. (‘Italmobiliare’, Italy) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over Clessidra SGR S.p.A. (‘Clessidra’, Italy) by way of purchase of shares.










2.


The business activities of the undertakings concerned are the following:






—


Italmobiliare is a financial holding company with investments in companies operating in different sectors, including construction materials, food packaging, banking, real estate and e-commerce,










—


Clessidra is a private equity company which manages various funds with portfolio companies active in various sectors, including chemistry, pharmaceuticals, vinegar, plastic molded products, apparel, luxury jewellery, telecommunication network infrastructure, financial services and gaming.














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 M.8098 — Italmobiliare/Clessidra SGR, 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.
Multiple complaints registered under the reference CHAP(2015) 2880
Date: 2016-07-19
Institutions: European Commission
Subjects: Austria, Slovenia, complaint to the Commission, double taxation, economic discrimination, frontier worker, tax on income








C_2016261EN.01000102.xml










19.7.2016   


EN


Official Journal of the European Union


C 261/1





Multiple complaints registered under the reference CHAP(2015) 2880
(2016/C 261/02)
The Commission services refer to their reply published in the 
Official Journal of the European Union C 127 of 9 April 2016, p. 2 and on the internet at http://ec.europa.eu/eu_law/complaints/receipt/index_en.htm informing the complainants in the above case registered under reference CHAP(2015) 2880 of the results of the examination of their complaints concerning the alleged discriminatory taxation of cross-border workers in Slovenia and of the intention to proceed with the closure of the file.
Given the absence of any response from the complainants within the time limit of four weeks, the Commission services confirm that the multiple complaints were closed on 28 May 2016.
Case C-455/14 P: Judgment of the Court (Grand Chamber) of 19 July 2016 — H v Council of the European Union, European Commission, European Union Police Mission (EUPM) in Bosnia and Herzegovina (Appeal — Common foreign and security policy (CFSP) — Decision 2009/906/CFSP — European Union Police Mission (EUPM) in Bosnia and Herzegovina — National staff member on secondment — Redeployment in a regional office of that mission — Final sentence of the second subparagraph of Article 24(1) TEU — First paragraph of Article 275 TFEU — Actions for annulment and compensation — Jurisdiction of the EU judicature — Article 263 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU)
Date: 2016-07-19
Institutions: Court of Justice
Subjects: Bosnia and Herzegovina, EU police mission, expatriate worker, indemnification, jurisdiction, reassignment








C_2016343EN.01000201.xml










19.9.2016   


EN


Official Journal of the European Union


C 343/2





Judgment of the Court (Grand Chamber) of 19 July 2016 — H v Council of the European Union, European Commission, European Union Police Mission (EUPM) in Bosnia and Herzegovina
(Case C-455/14 P) (1)

((Appeal - Common foreign and security policy (CFSP) - Decision 2009/906/CFSP - European Union Police Mission (EUPM) in Bosnia and Herzegovina - National staff member on secondment - Redeployment in a regional office of that mission - Final sentence of the second subparagraph of Article 24(1) TEU - First paragraph of Article 275 TFEU - Actions for annulment and compensation - Jurisdiction of the EU judicature - Article 263 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU))
(2016/C 343/02)
Language of the case: English

Parties


Appellant: H (represented by: M. Velardo, avvocato)

Other parties to the proceedings: Council of the European Union (represented by: A. Vitro and F. Naert, Agents), European Commission (represented by: F. Erlbacher, G. Gattinara and J.-P. Keppenne, Agents), European Union Police Mission (EUPM) in Bosnia and Herzegovina

Operative part of the judgment

The Court:






1.


Sets aside the order of the General Court of the European Union of 10 July 2014 in H v Council and Others (T-271/10, not published, EU:T:2014:702);










2.


Dismisses H’s action as inadmissible in so far as it is directed against the European Commission and the European Union Police Mission (EUPM) in Bosnia and Herzegovina;










3.


Refers the case back to the General Court of the European Union for judgment on the substance of the action in so far as it is directed against the Council of the European Union;










4.


Reserves the costs.






(1)  OJ C 448, 15.12.2014.