do-me/EUR-LEX huggingface dataset:
Case C-579/16 P: Appeal brought on 16 November 2016 by European Commission against the judgment of the General Court (Sixth Chamber) delivered on 15 September 2016 in Case T-386/14: Fih Holding and Fih Erhvervsbank v Commission
Date: 2016-11-16
Institutions: Court of Justice
Subjects: Denmark, State aid, aid to undertakings, bank, company in difficulties, control of State aid, financial aid, market economy, subsidiary








C_2017014EN.01002802.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/28






Appeal brought on 16 November 2016 by European Commission against the judgment of the General Court (Sixth Chamber) delivered on 15 September 2016 in Case T-386/14: Fih Holding and Fih Erhvervsbank v Commission
(Case C-579/16 P)
(2017/C 014/34)
Language of the case: English

Parties


Appellant: European Commission (represented by: L. Flynn, K. Blanck-Putz, A. Bouchagiar, Agents)

Other parties to the proceedings: FIH Holding A/S, FIH Erhvervsbank A/S

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court (Sixth Chamber) of 15 September 2016, notified to the Commission on 16 September 2016, in Case T-386/14 Fih Holding and Fih Erhvervsbank v Commission;










—


rule itself on the application at first instance and reject the application as unfounded in law; and










—


order the respondents and applicants at first instance to pay the costs of the proceedings.




In the alternative, the appellant claims that the Court should:






—


set aside the judgment of the General Court (Sixth Chamber) of 15 September 2016, notified to the Commission on 16 September 2016, in Case T-386/14 Fih Holding and Fih Erhvervsbank v Commission; and










—


refer the case back to the General Court for consideration of the second plea at first instance; and










—


reserve the costs of the proceedings at first instance and on appeal.





Pleas in law and main arguments

The General Court erred in law in finding that to establish the presence of State aid in the 2012 measures the Commission was required to apply the market economy creditor test in light of the cost which would have arisen for Denmark had it not adopted those measures. That finding of the General Court is a legal error because the cost in question is the direct consequence of the previous award of State aid by Denmark in favour of FIH and the consistent case-law of the Court makes clear that the Commission cannot take such a cost into account when it examines if a Member State has acted as a market economy operator would have done.
Judgment of the Court of 16 November 2016 in Case E-4/16 — EFTA Surveillance Authority v The Kingdom of Norway (Non-compliance with a judgment of the Court establishing a failure to fulfil obligations — Article 33 SCA — Measures necessary to comply with a judgment of the Court)
Date: 2016-11-16
Institutions: EFTA Court
Subjects: European Economic Area, Norway, application of EU law, financial legislation, money laundering, terrorism








C_2017189EN.01004901.xml










15.6.2017   


EN


Official Journal of the European Union


C 189/49





JUDGMENT OF THE COURT
of 16 November 2016
in Case E-4/16
EFTA Surveillance Authority v The Kingdom of Norway

(Non-compliance with a judgment of the Court establishing a failure to fulfil obligations — Article 33 SCA — Measures necessary to comply with a judgment of the Court)

(2017/C 189/13)
In Case E-4/16, EFTA Surveillance Authority v The Kingdom of Norway — APPLICATION for a declaration that the Kingdom of Norway has failed to fulfil its obligations under Article 33 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by failing to take, within the time prescribed, the measures necessary to comply with the judgment of the Court of 2 December 2013 in Case E-13/13 ESA v Norway, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 16 November 2016, the operative part of which is as follows:
The Court hereby:






1.


Declares that the Kingdom of Norway has failed to fulfil its obligations under Article 33 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by failing, within the time prescribed, to take the measures necessary to comply with the judgment of the Court of 2 December 2013 in Case E-13/13 ESA v Norway.










2.


Orders the Kingdom of Norway to bear the costs of the proceedings.
Case C-581/16: Request for a preliminary ruling from the Tribunale di Salerno (Italy) lodged on 16 November 2016 — Criminal proceedings against Nicola Turco
Date: 2016-11-16
Institutions: Court of Justice
Subjects: cessation of trading, equal treatment, freedom to provide services, game of chance, national law, right of establishment, tendering, trade licence, trade restriction, usufruct








C_2017195EN.01000702.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/7





Request for a preliminary ruling from the Tribunale di Salerno (Italy) lodged on 16 November 2016 — Criminal proceedings against Nicola Turco
(Case C-581/16)
(2017/C 195/10)
Language of the case: Italian

Referring court

Tribunale di Salerno

Party to the main proceedings

Nicola Turco
By order of 4 April 2017 the Court (Seventh Chamber) held that:






1.


Articles 49 and 56 TFEU and the principles of equal treatment and effectiveness must be interpreted as not precluding national legislation on betting and gaming, such as that at issue in the main proceedings, which provides for the organisation of a new call for tenders for the award of licences with a shorter period of validity than that of the licences awarded in the past on account of the reorganisation of the system through the alignment of licence expiry dates.










2.


Articles 49 and 56 TFEU must be interpreted as precluding a restrictive national provision, such as that at issue in the main proceedings, which requires a licensee of a betting and gambling service to transfer, free of charge, on the cessation of business as a result of the expiry of the final term of the licence, the rights to use tangible and intangible assets which he owns and which constitute his network for the management and collection of bets, in so far as that restriction goes beyond what is necessary to attain the objective actually pursued by that provision, which is for the referring court to verify.
Case C-316/15: Judgment of the Court (Third Chamber) of 16 November 2016 (request for a preliminary ruling from the Supreme Court of the United Kingdom) — The Queen, on the application of: Timothy Martin Hemming, trading as ‘Simply Pleasure Ltd’ and Others v Westminster City Council (Reference for a preliminary ruling — Freedom to provide services — Directive 2006/123/EC — Article 13(2) — Authorisation procedures — Concept of charges which may be incurred)
Date: 2016-11-16
Institutions: Court of Justice
Subjects: freedom to provide services, provision of services, right of establishment, service, single market, trade licence








C_2017014EN.01001201.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/12






Judgment of the Court (Third Chamber) of 16 November 2016 (request for a preliminary ruling from the Supreme Court of the United Kingdom) — The Queen, on the application of: Timothy Martin Hemming, trading as ‘Simply Pleasure Ltd’ and Others v Westminster City Council
(Case C-316/15) (1)

((Reference for a preliminary ruling - Freedom to provide services - Directive 2006/123/EC - Article 13(2) - Authorisation procedures - Concept of charges which may be incurred))
(2017/C 014/15)
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings


Applicants: The Queen, on the application of: Timothy Martin Hemming, trading as ‘Simply Pleasure Ltd’, James Alan Poulton, Harmony Ltd, Gatisle Ltd, trading as ‘Janus’, Winart Publications Ltd, Darker Enterprises Ltd, Swish Publications Ltd

Defendant: Westminster City Council

Interveners: The Architects’ Registration Board, The Solicitors’ Regulation Authority, The Bar Standards Board, The Care Quality Commission, The Farriers’ Registration Council, The Law Society, The Bar Council, The Local Government Association, Her Majesty’s Treasury

Operative part of the judgment

Article 13(2) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, the requirement for the payment of a fee, at the time of submitting an application for the grant or renewal of authorisation, part of which corresponds to the costs relating to the management and enforcement of the authorisation scheme concerned, even if that part is refundable if that application is refused.


(1)  
            OJ C 311, 21.9.2015.
Case C-417/15: Judgment of the Court (Second Chamber) of 16 November 2016 (request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — Wolfgang Schmidt v Christiane Schmidt (Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Scope — First subparagraph of Article 24(1) — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Article 7(1)(a) — Special jurisdiction in matters relating to a contract — Action seeking the avoidance of a contract of gift of immovable property and the removal of an entry in the land register evidencing a right of ownership)
Date: 2016-11-16
Institutions: Court of Justice
Subjects: area of freedom, security and justice, capacity to contract, contract, gift, jurisdiction, land register, real property








C_2017014EN.01001302.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/13






Judgment of the Court (Second Chamber) of 16 November 2016 (request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — Wolfgang Schmidt v Christiane Schmidt
(Case C-417/15) (1)

((Reference for a preliminary ruling - Area of freedom, security and justice - Regulation (EU) No 1215/2012 - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Scope - First subparagraph of Article 24(1) - Exclusive jurisdiction in matters relating to rights in rem in immovable property - Article 7(1)(a) - Special jurisdiction in matters relating to a contract - Action seeking the avoidance of a contract of gift of immovable property and the removal of an entry in the land register evidencing a right of ownership))
(2017/C 014/17)
Language of the case: German

Referring court

Landesgericht für Zivilrechtssachen Wien

Parties to the main proceedings


Applicant: Wolfgang Schmidt

Defendant: Christiane Schmidt

Operative part of the judgment

The provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is to be interpreted as meaning that an action seeking the avoidance of a gift of immovable property on the ground of the donor’s incapacity to contract does not fall within the exclusive jurisdiction of the courts of the Member State in which the property is situated, provided for under Article 24(1) of Regulation No 1215/2012, but within the special jurisdiction provided for under Article 7(1)(a) of that regulation.
An action seeking the removal from the land register of notices evidencing the donee’s right of ownership falls within the exclusive jurisdiction provided for under Article 24(1) of the same regulation.


(1)  
            OJ C 363, 3.11.2015.
Euro exchange rates
Date: 2016-11-16
Institutions: European Commission
Subjects: euro, exchange rate








C_2016421EN.01000601.xml










16.11.2016   


EN


Official Journal of the European Union


C 421/6





Euro exchange rates (1)

15 November 2016
(2016/C 421/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0765 




JPY


Japanese yen


116,55 




DKK


Danish krone


7,4434 




GBP


Pound sterling


0,86638 




SEK


Swedish krona


9,8510 




CHF


Swiss franc


1,0758 




ISK


Iceland króna


 




NOK


Norwegian krone


9,0848 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,030 




HUF


Hungarian forint


309,97 




PLN


Polish zloty


4,4245 




RON


Romanian leu


4,5140 




TRY


Turkish lira


3,5307 




AUD


Australian dollar


1,4240 




CAD


Canadian dollar


1,4560 




HKD


Hong Kong dollar


8,3504 




NZD


New Zealand dollar


1,5144 




SGD


Singapore dollar


1,5202 




KRW


South Korean won


1 255,15 




ZAR


South African rand


15,2680 




CNY


Chinese yuan renminbi


7,3816 




HRK


Croatian kuna


7,5158 




IDR


Indonesian rupiah


14 391,32 




MYR


Malaysian ringgit


4,6604 




PHP


Philippine peso


52,888 




RUB


Russian rouble


70,2005 




THB


Thai baht


38,103 




BRL


Brazilian real


3,7006 




MXN


Mexican peso


22,0328 




INR


Indian rupee


72,9385 






(1)  Source: reference exchange rate published by the ECB.