do-me/EUR-LEX huggingface dataset:
Case C-80/15: Judgment of the Court (Tenth Chamber) of 28 July 2016 (request for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — Robert Fuchs AG v Hauptzollamt Lörrach (Reference for a preliminary ruling — Customs union — Common Customs Tariff — Temporary importation procedure with relief from duties — Regulation (EEC) No 2454/93 — Conditions laid down for the total relief from import duties — Means of transport for aviation registered outside of the customs territory of the Union and used by a person established outside of that territory — Article 555(1)(a) — Commercial use — Concept — Use of helicopters by an aviation school for remunerated training flights flown by a trainee and instructor — Not included)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: civil aviation, crew, customs regulations, helicopter, interpretation of the law, provision of services








C_2016350EN.01000502.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/5





Judgment of the Court (Tenth Chamber) of 28 July 2016 (request for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — Robert Fuchs AG v Hauptzollamt Lörrach
(Case C-80/15) (1)

((Reference for a preliminary ruling - Customs union - Common Customs Tariff - Temporary importation procedure with relief from duties - Regulation (EEC) No 2454/93 - Conditions laid down for the total relief from import duties - Means of transport for aviation registered outside of the customs territory of the Union and used by a person established outside of that territory - Article 555(1)(a) - Commercial use - Concept - Use of helicopters by an aviation school for remunerated training flights flown by a trainee and instructor - Not included))
(2016/C 350/06)
Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings


Applicant: Robert Fuchs AG

Defendant: Hauptzollamt Lörrach

Operative part of the judgment

Article 555(1)(a) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as amended by Commission Regulation (EC) No 2286/2003 of 18 December 2003 must be interpreted as meaning that remunerated flights for helicopter flight instruction, with a trainee pilot and a flight instructor on board, are not to be regarded as constituting commercial use of a means of transport for the purposes of that provision


(1)  OJ C 155, 11.5.2015.
Case C-457/15: Judgment of the Court (Sixth Chamber) of 28 July 2016 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Vattenfall Europe Generation AG v Bundesrepublik Deutschland (Reference for a preliminary ruling — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Temporal scope — Time when the emissions trading obligation arises — Article 3 — Annexe I — Concept of ‘installation’ — Combustion of fuels in installations with a total rated thermal input exceeding 20 MW)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: EU emission allowance, approximation of laws, electrical energy, energy production, greenhouse gas, report, tradeable emission permit








C_2016350EN.01001301.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/13





Judgment of the Court (Sixth Chamber) of 28 July 2016 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Vattenfall Europe Generation AG v Bundesrepublik Deutschland
(Case C-457/15) (1)

((Reference for a preliminary ruling - Scheme for greenhouse gas emission allowance trading within the European Union - Directive 2003/87/EC - Temporal scope - Time when the emissions trading obligation arises - Article 3 - Annexe I - Concept of ‘installation’ - Combustion of fuels in installations with a total rated thermal input exceeding 20 MW))
(2016/C 350/16)
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Vattenfall Europe Generation AG

Defendant: Bundesrepublik Deutschland

Operative part of the judgment

In so far as Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 includes the ‘combustion of fuels in installations with a total rated thermal input exceeding 20 MW’ in the list of categories of activities to which that directive applies, it must be interpreted as meaning that the emissions trading obligation of an installation for the generation of electricity starts on the date of the first emissions of greenhouse gases, and thus potentially before the date of the first generation of electricity.


(1)  OJ C 398, 30.11.2015.
Case C-423/15: Judgment of the Court (First Chamber) of 28 July 2016 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Nils-Johannes Kratzer v R+V Allgemeine Versicherung AG (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 3(1)(a) — Directive 2006/54/EC — Equal opportunities and equal treatment between men and women in matters of employment and occupation — Article 14(1)(a) — Scope — Definition of ‘access to employment, to self-employment or to occupation’ — Application for a post for the purpose of acquiring the formal status of applicant only in order to claim compensation for discrimination — Abuse of rights)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: equal treatment, gender equality, indemnification, job access, job application, misuse of a right, social policy








C_2016350EN.01001201.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/12





Judgment of the Court (First Chamber) of 28 July 2016 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Nils-Johannes Kratzer v R+V Allgemeine Versicherung AG
(Case C-423/15) (1)

((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 3(1)(a) - Directive 2006/54/EC - Equal opportunities and equal treatment between men and women in matters of employment and occupation - Article 14(1)(a) - Scope - Definition of ‘access to employment, to self-employment or to occupation’ - Application for a post for the purpose of acquiring the formal status of applicant only in order to claim compensation for discrimination - Abuse of rights))
(2016/C 350/15)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: Nils-Johannes Kratzer

Defendant: R+V Allgemeine Versicherung AG

Operative part of the judgment

Article 3(1)(a) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation and Article 14(1)(a) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, must be interpreted as meaning that a situation in which a person who in making an application for a post does not seek to obtain that post but only seeks the formal status of applicant with the sole purpose of seeking compensation does not fall within the definition of ‘access to employment, to self-employment or to occupation’, within the meaning of those provisions, and may, if the requisite conditions under EU law are met, be considered to be an abuse of rights.


(1)  OJ C 320, 28.9.2015.
Euro exchange rates
Date: 2016-07-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2016275EN.01000201.xml










28.7.2016   


EN


Official Journal of the European Union


C 275/2





Euro exchange rates (1)

27 July 2016
(2016/C 275/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0991 




JPY


Japanese yen


116,23 




DKK


Danish krone


7,4392 




GBP


Pound sterling


0,83875 




SEK


Swedish krona


9,5370 




CHF


Swiss franc


1,0928 




ISK


Iceland króna


 




NOK


Norwegian krone


9,4387 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,035 




HUF


Hungarian forint


313,56 




PLN


Polish zloty


4,3733 




RON


Romanian leu


4,4660 




TRY


Turkish lira


3,3422 




AUD


Australian dollar


1,4715 




CAD


Canadian dollar


1,4497 




HKD


Hong Kong dollar


8,5253 




NZD


New Zealand dollar


1,5631 




SGD


Singapore dollar


1,4926 




KRW


South Korean won


1 247,17 




ZAR


South African rand


15,7081 




CNY


Chinese yuan renminbi


7,3311 




HRK


Croatian kuna


7,4860 




IDR


Indonesian rupiah


14 447,16 




MYR


Malaysian ringgit


4,4893 




PHP


Philippine peso


51,872 




RUB


Russian rouble


72,5463 




THB


Thai baht


38,451 




BRL


Brazilian real


3,6056 




MXN


Mexican peso


20,6866 




INR


Indian rupee


73,8700 






(1)  Source: reference exchange rate published by the ECB.
Case C-147/15: Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Città Metropolitana di Bari, formerly Provincia di Bari v Edilizia Mastrodonato Srl (Reference for a preliminary ruling — Protection of the environment — Waste management — Directive 2006/21/EC — Article 10(2) — Backfilling of excavation voids using waste other than extractive waste — Landfill or recovery of such waste)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: environmental protection, mining operation, storage of waste, waste, waste disposal, waste recycling








C_2016350EN.01000701.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/7





Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Città Metropolitana di Bari, formerly Provincia di Bari v Edilizia Mastrodonato Srl
(Case C-147/15) (1)

((Reference for a preliminary ruling - Protection of the environment - Waste management - Directive 2006/21/EC - Article 10(2) - Backfilling of excavation voids using waste other than extractive waste - Landfill or recovery of such waste))
(2016/C 350/08)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Città Metropolitana di Bari, formerly Provincia di Bari

Defendant: Edilizia Mastrodonato Srl

Operative part of the judgment

Article 10(2) of Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC must be interpreted as not having the effect of making an operation entailing the backfilling of a quarry using waste other than extractive waste subject to the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, where that operation amounts to a recovery of waste, which is a matter to be determined by the national court.


(1)  OJ C 205, 22.6.2015.
Case C-332/15: Judgment of the Court (Seventh Chamber) of 28 July 2016 (request for a preliminary ruling from the Tribunale di Treviso — Italy) — Criminal proceedings against Giuseppe Astone (Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 167, 168, 178 to 182, 193, 206, 242, 244, 250, 252 and 273 — Right to deduct VAT — Substantive requirements — Formal requirements — Limitation period — National provisions excluding the right to deduct where there is a failure to comply with most of the formal requirements — Tax evasion)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: VAT, tax evasion, tax harmonisation, tax relief, tax return








C_2016350EN.01001002.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/10





Judgment of the Court (Seventh Chamber) of 28 July 2016 (request for a preliminary ruling from the Tribunale di Treviso — Italy) — Criminal proceedings against Giuseppe Astone
(Case C-332/15) (1)

((Reference for a preliminary ruling - Common system of value added tax - Directive 2006/112/EC - Articles 167, 168, 178 to 182, 193, 206, 242, 244, 250, 252 and 273 - Right to deduct VAT - Substantive requirements - Formal requirements - Limitation period - National provisions excluding the right to deduct where there is a failure to comply with most of the formal requirements - Tax evasion))
(2016/C 350/13)
Language of the case: Italian

Referring court

Tribunale di Treviso

Party in the main proceedings

Giuseppe Astone

Operative part of the judgment







1.


Articles 167, 168, 178, the first paragraph of Article 179, and Articles 180 and 182 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that they do not preclude national legislation which provides for a limitation period for exercising the right to deduct, such as the limitation period at issue in the main proceedings, provided that the principles of equivalence and effectiveness are observed, which it is for the referring court to ascertain.










2.


Articles 168, 178, 179, 193, 206, 242, 244, 250, 252 and 273 of Directive 2006/112 must be interpreted as meaning that they do not preclude national legislation, such as that at issue in the main proceedings, which allows the tax authorities to refuse a taxable person the right to deduct value added tax when it is established that that person has fraudulently failed to fulfil most of the formal obligations incumbent upon him in order to be able to benefit from that right, which it is for the referring court to ascertain.






(1)  OJ C 320, 28.9.2015.
Prior notification of a concentration (Case M.8112 — Japan Tunnel Systems Corporation/Mitsubishi Heavy Industries/JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-07-28
Institutions: European Commission
Subjects: economic concentration, industrial manufacturing, mechanical engineering, merger control








C_2016275EN.01000501.xml










28.7.2016   


EN


Official Journal of the European Union


C 275/5





Prior notification of a concentration
(Case M.8112 — Japan Tunnel Systems Corporation/Mitsubishi Heavy Industries/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 275/06)






1.


On 19 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 Japan Tunnel Systems Corporation (‘JTSC’, Japan) and Mitsubishi Heavy Industries Mechatronics Systems, Ltd (‘MHI-MS’, Japan) a wholly owned subsidiary Mitsubishi Heavy Industries acquire within the meaning of Article 3(4) of the Merger Regulation, joint control of a newly joint venture by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for JTSC: JTSC is active in the manufacture and sale of tunnel boring machines,
—   for MHI-MS: MHI-MS is active in the design and manufacture of equipment related to pollution prevention, environment improvement and industrial-use (including tunnel boring machines) and general equipment.










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.8112 — Japan Tunnel Systems Corporation/Mitsubishi Heavy Industries/JV 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.
Council Decision (EU) 2016/1326 of 28 July 2016 appointing a member, proposed by the Kingdom of the Netherlands of the Committee of the Regions
Date: 2016-07-28
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, appointment of members








L_2016209EN.01001401.xml










3.8.2016   


EN


Official Journal of the European Union


L 209/14








            COUNCIL DECISION (EU) 2016/1326
of 28 July 2016
         
appointing a member, proposed by the Kingdom of the Netherlands 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 Dutch Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 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)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr G.A.A. (Bas) VERKERK,





HAS ADOPTED THIS DECISION:



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






—


Mr R.E. (René) DE HEER, Wethouder van de gemeente Zwolle.






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




Done at Brussels, 28 July 2016.


For the Council


The President

M. LAJČÁK
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case C-543/14: Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Cour constitutionnelle — Belgium) — Ordre des barreaux francophones et germanophone and Others, Jimmy Tessens and Others, Orde van Vlaamse Balies, Ordre des avocats du barreau d’Arlon and Others v Conseil des ministres (VAT — Directive 2006/112/EC — Validity and interpretation of the directive — Services provided by lawyers — Liability to VAT — Right to an effective remedy — Equality of arms — Legal aid)
Date: 2016-07-28
Institutions: Court of Justice
Subjects: VAT, application of EU law, lawyer, legal aid, provision of services








C_2016350EN.01000401.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/4





Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Cour constitutionnelle — Belgium) — Ordre des barreaux francophones et germanophone and Others, Jimmy Tessens and Others, Orde van Vlaamse Balies, Ordre des avocats du barreau d’Arlon and Others v Conseil des ministres
(Case C-543/14) (1)

((VAT - Directive 2006/112/EC - Validity and interpretation of the directive - Services provided by lawyers - Liability to VAT - Right to an effective remedy - Equality of arms - Legal aid))
(2016/C 350/04)
Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings


Applicants: Ordre des barreaux francophones et germanophone and Others, Jimmy Tessens and Others, Orde van Vlaamse Balies, Ordre des avocats du barreau d’Arlon and Others

Defendant: Conseil des ministres

Intervening parties: Association Syndicale des Magistrats ASBL, Council of Bars and Law Societies of Europe

Operative part of the judgment







1.


The examination of Article 1(2) and Article 2(1)(c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, in the light of the right to an effective remedy and the principle of equality of arms under Article 47 of the Charter of Fundamental Rights of the European Union has not revealed anything which might affect their validity in so far as those provisions impose VAT on services supplied by lawyers to clients who do not qualify for legal aid under a national legal aid scheme.










2.


Article 9(4) and (5) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters, signed at Aarhus on 25 June 1998, cannot be relied on for the purposes of assessing the validity of Article 1(2) and Article 2(1)(c) of Directive 2006/112.










3.


Article 132(1)(g) of Directive 2006/112 must be interpreted as meaning that the services supplied by lawyers for clients who qualify for legal aid under a national legal aid scheme, such as that at issue in the main proceedings, are not exempt from VAT.






(1)  OJ C 46, 9.2.2015.
Non-opposition to a notified concentration (Case M.8069 — RCL Holdings Cooperatief/Springwater Capital/Royal Holdings de España) (Text with EEA relevance)
Date: 2016-07-28
Institutions: European Commission
Subjects: economic concentration, merger control, river tourism








C_2016275EN.01000101.xml










28.7.2016   


EN


Official Journal of the European Union


C 275/1





Non-opposition to a notified concentration
(Case M.8069 — RCL Holdings Cooperatief/Springwater Capital/Royal Holdings de España)
(Text with EEA relevance)
(2016/C 275/01)
On 20 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 the 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 32016M8069. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.