do-me/EUR-LEX huggingface dataset:
Case C-553/15: Judgment of the Court (Fourth Chamber) of 8 December 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Undis Servizi Srl v Comune di Sulmona (Reference for a preliminary ruling — Public service contracts — Award of the contract without initiating a tendering procedure — So-called ‘in-house’ award — Conditions — Similar control — Performance of the essential activity — Successful public capital tendering company owned by several local authorities — Activity also carried out for the benefit of local authorities which are not shareholders — Activity imposed by a public authority which is not a shareholder)
Date: 2016-12-08
Institutions: Court of Justice
Subjects: award of contract, invitation to tender, negotiated contract, regional and local authorities, services contract, shareholder








C_2017038EN.01000501.xml










6.2.2017   


EN


Official Journal of the European Union


C 38/5





Judgment of the Court (Fourth Chamber) of 8 December 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Undis Servizi Srl v Comune di Sulmona
(Case C-553/15) (1)

((Reference for a preliminary ruling - Public service contracts - Award of the contract without initiating a tendering procedure - So-called ‘in-house’ award - Conditions - Similar control - Performance of the essential activity - Successful public capital tendering company owned by several local authorities - Activity also carried out for the benefit of local authorities which are not shareholders - Activity imposed by a public authority which is not a shareholder))
(2017/C 038/06)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Undis Servizi Srl

Defendant: Comune di Sulmona

Other party to the proceedings: Cogesa SpA

Operative part of the judgment







1.


In the context of the application of the Court’s case-law on direct awards of so-called ‘in-house’ public contracts, in order to determine whether the contractor carries out the essential part of its activity for the contracting authority, including local authorities which are its controlling shareholders, an activity imposed on that contractor by a non-shareholder public authority for the benefit of local authorities which are also not shareholders of that contractor and do not exercise any control over it must not be taken into account, since that activity must be regarded as being carried out for third parties.










2.


For the purpose of determining whether the contractor carries out the essential part of its activity for the shareholder local authorities which jointly exercise over it control similar to that which they exercise over their own departments, account must be taken of all the circumstances of the case, which may include activity carried out by that contractor for those local authorities before such joint control took effect.






(1)  OJ C 27, 25.1.2016.
Case T-871/16: Action brought on 8 December 2016 — Spliethoff’s Bevrachtingskantoor v INEA
Date: 2016-12-08
Institutions: General Court
Subjects: action programme, executive agency, invitation to tender, reduction of gas emissions, trans-European network








C_2017104EN.01004801.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/48





Action brought on 8 December 2016 — Spliethoff’s Bevrachtingskantoor v INEA
(Case T-871/16)
(2017/C 104/68)
Language of the case: English

Parties


Applicant: Spliethoff’s Bevrachtingskantoor BV (Amsterdam, Netherlands) (represented by: Y. de Vries, lawyer)

Defendant: Innovation and Networks Executive Agency (INEA)

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s decision of 17 July 2015 on the rejection of the applicant’s proposal in response to the call for proposals in the context of the Connecting Europe Facility and on the basis of the Multi-annual Work Programme adopted in 2014;










—


order the defendant to take a new decision with respect to the applicant’s proposal, taking account of the judgment of the General Court referred to in the application, within three months from the date of the judgment;










—


order the defendant to bear the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging manifest error of assessment of the applicant’s proposal.






—


The applicant submits reasons why in its view the defendant’s evaluation of the applicant’s proposal against the award criteria relevance, impact and quality was deficient.














2.


Second plea in law, alleging infringement of the principle of equal treatment






—


The applicant submits reasons why in its view the defendant drew an inappropriate distinction between its proposal relating to emission abatement technologies and similar proposals by its competitors which have been selected for funding.
Euro exchange rates
Date: 2016-12-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2016457EN.01000201.xml










8.12.2016   


EN


Official Journal of the European Union


C 457/2





Euro exchange rates (1)

7 December 2016
(2016/C 457/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0730 




JPY


Japanese yen


122,42 




DKK


Danish krone


7,4378 




GBP


Pound sterling


0,85095 




SEK


Swedish krona


9,7735 




CHF


Swiss franc


1,0834 




ISK


Iceland króna


 




NOK


Norwegian krone


8,9908 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,036 




HUF


Hungarian forint


312,98 




PLN


Polish zloty


4,4280 




RON


Romanian leu


4,4980 




TRY


Turkish lira


3,6683 




AUD


Australian dollar


1,4408 




CAD


Canadian dollar


1,4242 




HKD


Hong Kong dollar


8,3229 




NZD


New Zealand dollar


1,5022 




SGD


Singapore dollar


1,5218 




KRW


South Korean won


1 247,57 




ZAR


South African rand


14,5531 




CNY


Chinese yuan renminbi


7,3836 




HRK


Croatian kuna


7,5378 




IDR


Indonesian rupiah


14 297,73 




MYR


Malaysian ringgit


4,7555 




PHP


Philippine peso


53,259 




RUB


Russian rouble


68,3924 




THB


Thai baht


38,231 




BRL


Brazilian real


3,6457 




MXN


Mexican peso


21,8094 




INR


Indian rupee


72,5830 






(1)  Source: reference exchange rate published by the ECB.
Notice of open competitions
Date: 2016-12-08
Institutions: European Personnel Selection Office
Subjects: EPSO, Greece, Italy, Lithuania, Malta, Spain, Sweden, administrator, competition (EU), information profession, legal profession








C_2016457EN.01001001.xml










8.12.2016   


EN


Official Journal of the European Union


C 457/10





Notice of open competitions
(2016/C 457/07)
The European Personnel Selection Office (EPSO) is organising the following open competitions:






 


EPSO/AD/332/16 — SPANISH-LANGUAGE (ES) LAWYER-LINGUISTS (AD 7)










 


EPSO/AD/333/16 — GREEK-LANGUAGE (EL) LAWYER-LINGUISTS (AD 7)










 


EPSO/AD/334/16 — ITALIAN-LANGUAGE (IT) LAWYER-LINGUISTS (AD 7)










 


EPSO/AD/335/16 — LITHUANIAN-LANGUAGE (LT) LAWYER-LINGUISTS (AD 7)










 


EPSO/AD/336/16 — MALTESE-LANGUAGE (MT) LAWYER-LINGUISTS (AD 7)










 


EPSO/AD/337/16 — SWEDISH-LANGUAGE (SV) LAWYER-LINGUISTS (AD 7)




The competition notice is published in 24 languages in 
Official Journal of the European Union C 457 A of 8 December 2016.
Further information can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/
Case C-453/15: Judgment of the Court (Second Chamber) of 8 December 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against A, B (Reference for a preliminary ruling — Taxation — VAT — Directive 2006/112/EC — Article 56 — Place where services are supplied — Concept of ‘similar rights’ — Transfer of greenhouse gas emission allowances)
Date: 2016-12-08
Institutions: Court of Justice
Subjects: EU Emissions Trading Scheme, EU emission allowance, VAT, greenhouse gas








C_2017038EN.01000302.xml










6.2.2017   


EN


Official Journal of the European Union


C 38/3





Judgment of the Court (Second Chamber) of 8 December 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against A, B
(Case C-453/15) (1)

((Reference for a preliminary ruling - Taxation - VAT - Directive 2006/112/EC - Article 56 - Place where services are supplied - Concept of ‘similar rights’ - Transfer of greenhouse gas emission allowances))
(2017/C 038/04)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

A, B

Intervener: Generalbundesanwalt beim Bundesgerichtshof

Operative part of the judgment

Article 56(1)(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that the ‘similar rights’ mentioned in that provision include the greenhouse gas emission allowances defined in Article 3(a) of 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.


(1)  OJ C 363, 3.11.2015.
Public holidays in 2017: EEA EFTA States and EEA institutions
Date: 2016-12-08
Institutions: EFTA Surveillance Authority
Subjects: EEA joint institution, EFTA countries, public holiday








C_2016457EN.01000801.xml










8.12.2016   


EN


Official Journal of the European Union


C 457/8





Public holidays in 2017: EEA EFTA States and EEA institutions
(2016/C 457/06)










 


Iceland


Liechtenstein


Norway


EFTA Surveillance Authority


EFTA Court




2 January


 


X


 


X


X




6 January


 


X


 


 


 




2 February


 


X


 


 


 




27 February


 


 


 


 


X




28 February


 


X


 


 


 




19 March


 


X


 


 


 




13 April


X


 


X


X


X




14 April


X


X


X


X


X




17 April


X


X


X


X


X




20 April


X


 


 


 


 




1 May


X


X


X


X


X




17 May


 


 


X


 


 




25 May


X


X


X


X


X




26 May


 


 


 


X


X




5 June


X


X


X


X


X




15 June


 


X


 


 


 




17 June


X


 


 


 


 




23 June


 


 


 


 


X




7 August


X


 


 


 


 




14 August


 


 


 


 


X




15 August


 


X


 


X


X




4 September


 


 


 


 


X




8 September


 


X


 


 


 




1 November


 


X


 


X


X




2 November


 


 


 


 


X




8 December


 


X


 


 


 




25 December


X


X


X


X


X




26 December


X


X


X


X


X




27 December


 


 


 


X


X




28 December


 


 


 


X


X




29 December


 


 


 


X


X




Public holidays falling on Saturdays and Sundays are not listed.