do-me/EUR-LEX huggingface dataset:
Case C-97/16: Judgment of the Court (Tenth Chamber) of 2 March 2017 (Request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona — Spain) — José María Pérez Retamero v TNT Express Worldwide Spain S.L., Last Mile Courier S.L., formerly Transportes Sapirod S.L., Fondo de Garantía Salarial (Fogasa) (Reference for a preliminary ruling — Social policy — Directive 2002/15/EC — Protection of the safety and health of workers — Organisation of working time — Road transport — Mobile worker — Self-employed driver — Concept — Inadmissibility)
Date: 2017-03-02
Institutions: Court of Justice
Subjects: arrangement of working time, drivers, labour standard, occupational safety, road safety, road transport, self-employed person, transport company, working time








C_2017121EN.01000801.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/8





Judgment of the Court (Tenth Chamber) of 2 March 2017 (Request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona — Spain) — José María Pérez Retamero v TNT Express Worldwide Spain S.L., Last Mile Courier S.L., formerly Transportes Sapirod S.L., Fondo de Garantía Salarial (Fogasa)
(Case C-97/16) (1)

((Reference for a preliminary ruling - Social policy - Directive 2002/15/EC - Protection of the safety and health of workers - Organisation of working time - Road transport - Mobile worker - Self-employed driver - Concept - Inadmissibility))
(2017/C 121/10)
Language of the case: Spanish

Referring court

Juzgado de lo Social No 3 de Barcelona

Parties to the main proceedings


Applicant: José María Pérez Retamero

Defendants: TNT Express Worldwide Spain S.L., Last Mile Courier S.L., formerly Transportes Sapirod S.L., Fondo de Garantía Salarial (Fogasa)

Operative part of the judgment

The request for a preliminary ruling made by the Juzgado de lo Social No 3 de Barcelona (Labour Court, Barcelona, Spain) is inadmissible.


(1)  OJ C 156, 2.5.2016.
European Parliament legislative resolution of 2 March 2017 on the draft Council decision on the conclusion on behalf of the European Union of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (12852/2016 — C8-0515/2016 — 2016/0247(NLE))
Date: 2017-03-02
Institutions: Committee on Budgets, Committee on Civil Liberties, Justice and Home Affairs, Committee on Development, Committee on Employment and Social Affairs, Committee on Foreign Affairs, European Parliament
Subjects: EU visa policy, Liechtenstein, Schengen Agreement, agreement (EU), external border of the EU, financial aid, fund (EU), migration control, ratification of an agreement








C_2018263EN.01016601.xml










25.7.2018   


EN


Official Journal of the European Union


C 263/166






P8_TA(2017)0058
EU-Liechtenstein Agreement on supplementary rules in relation to the instrument for financial support for external borders and visa ***
European Parliament legislative resolution of 2 March 2017 on the draft Council decision on the conclusion on behalf of the European Union of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (12852/2016 — C8-0515/2016 — 2016/0247(NLE))
(Consent)
(2018/C 263/24)

The European Parliament,






—


having regard to the draft Council decision (12852/2016),










—


having regard to the draft Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (12881/2016),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0515/2016),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0025/2017),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Principality of Liechtenstein.
Case T-131/17: Action brought on 2 March 2017 — Argus Security Projects v Commission and EEAS
Date: 2017-03-02
Institutions: General Court
Subjects: accountant, debt, financial accounting, financial control, right to justice








C_2017129EN.01002801.xml










24.4.2017   


EN


Official Journal of the European Union


C 129/28





Action brought on 2 March 2017 — Argus Security Projects v Commission and EEAS
(Case T-131/17)
(2017/C 129/42)
Language of the case: French

Parties


Applicant: Argus Security Projects Ltd (Limassol, Cyprus) (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendants: European Commission, European External Action Service

Form of order sought

The applicant claims that the Court should:






—


annul the set-off decision of the Commission in the sum of EUR 52 600, contained in its letter of 13 February 2017;










—


annul the set-off decision of the Commission, acting on behalf of the EEAS accounting officer, in the sum of EUR 41 522, contained in its letter of 15 February 2017;










—


annul the set-off decision of the Commission, acting on behalf of the EEAS accounting officer, in the sum of EUR 6 324, contained in its letter of 28 February 2017;










—


order the European Commission and the EEAS to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’). The applicant claims that the adoption of the contested unilateral set-off decisions within a contractual context, where the other party to the contract brought an action for breach of contract before the court having jurisdictio as designated by the contract, must be regarded as unlawful and contrary to Article 47 of the Charter.










2.


Second plea in law, alleging that the European Commission and the European External Action Service (EEAS) lack authority to adopt the set-off decisions within a contractual context. The defendants exceeded their powers by using unilateral powers in order to bring a contractual dispute to an end, and the contested decisions should therefore be annulled on the ground that the adopting institution had no power to issue them.










3.


Third plea in law, alleging infringement of Article 80 of Regulation No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (‘the Financial Regulation’). The applicant submits that, since the proceedings before the Belgian court are still pending, the Commission’s accounting officer could not lawfully treat the debt at issue as certain, of a fixed amount and due. The Commission therefore did not satisfy the conditions laid down in Article 80 of the Financial Regulation and thus could not be compensated.
New national side of euro coins intended for circulation
Date: 2017-03-02
Institutions: European Commission
Subjects: Kurzeme, Latvia, euro, issuing of currency




C_2017066EN.01000201.xml










2.3.2017   


EN


Official Journal of the European Union


C 66/2





New national side of euro coins intended for circulation
(2017/C 66/02)



Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Latvia


Subject of commemoration
: Kurzeme


Description of the design
: The design shows the coat of arms of the region of Kurzeme. At the top, the name of the issuing country ‘LATVIJA’ and at the bottom the inscription ‘KURZEME’. At the right hand side, the year of issuance ‘2017’.
The coin’s outer ring depicts the 12 stars of the European flag.


Approximate number of coins to be issued
: 


Approximate date of issue
: September 2017


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case C-497/16: Order of the Court (Eighth Chamber) of 2 March 2017 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — Criminal proceedings against Juraj Sokáč (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Drug precursors — Regulation (EC) No 273/2004 — Article 2(a) — Definition of ‘scheduled substance’ — Exclusion of medicinal products — Directive 2001/83/EC — Article 1(2) — Definition of ‘medicinal product’ — Medicinal product containing ephedrine or pseudoephedrine — Regulation (EC) No 111/2005 — Article 2(a) — Definition of ‘scheduled substance’ — Annex — Inclusion of medicinal products containing ephedrine or pseudoephedrine — No effect on the scope of Regulation (EC) No 273/2004)
Date: 2017-03-02
Institutions: Court of Justice
Subjects: drug traffic, market supervision, medicinal product, psychotropic substance








C_2017168EN.01001801.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/18





Order of the Court (Eighth Chamber) of 2 March 2017 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — Criminal proceedings against Juraj Sokáč
(Case C-497/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Drug precursors - Regulation (EC) No 273/2004 - Article 2(a) - Definition of ‘scheduled substance’ - Exclusion of medicinal products - Directive 2001/83/EC - Article 1(2) - Definition of ‘medicinal product’ - Medicinal product containing ephedrine or pseudoephedrine - Regulation (EC) No 111/2005 - Article 2(a) - Definition of ‘scheduled substance’ - Annex - Inclusion of medicinal products containing ephedrine or pseudoephedrine - No effect on the scope of Regulation (EC) No 273/2004))
(2017/C 168/23)
Language of the case: Czech

Referring court

Nejvyšší soud

Party to the criminal proceedings in the main proceedings

Juraj Sokáč

Operative part of the order

‘Medicinal products’, within the meaning of Article 1(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, which contain ‘scheduled substances’, within the meaning of Article 2(a) of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors, as amended by Regulation (EU) No 1258/2013 of the European Parliament and of the Council of 20 November 2013, such as ephedrine and pseudoephedrine, remain excluded from the scope of Regulation No 273/2004 following the entry into force of Regulation No 1258/2013 and Regulation (EU) No 1259/2013 of the European Parliament and of the Council of 20 November 2013 amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Union and third countries in drug precursors.


(1)  OJ C 22, 23.1.2017.
New national side of euro coins intended for circulation
Date: 2017-03-02
Institutions: European Commission
Subjects: Latgale, Latvia, euro, issuing of currency




C_2017066EN.01000301.xml










2.3.2017   


EN


Official Journal of the European Union


C 66/3





New national side of euro coins intended for circulation
(2017/C 66/03)



Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Latvia


Subject of commemoration
: Latgale


Description of the design
: The design shows the coat of arms of the region of Latgale. At the top, the name of the issuing country ‘LATVIJA’ and at the bottom the inscription ‘LATGALE’. At the right hand side, the year of issuance ‘2017’.
The coin’s outer ring depicts the 12 stars of the European flag.


Approximate number of coins to be issued
: 


Approximate date of issue
: October 2017


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case T-376/16: Order of the General Court of 2 March 2017 — Oberösterreichische Landesbank v CRU
Date: 2017-03-02
Institutions: General Court
Subjects: aid to undertakings, company in difficulties, credit institution, financial legislation, financing method, financing plan, fund (EU), investment company








C_2017202EN.01002801.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/28





Order of the General Court of 2 March 2017 — Oberösterreichische Landesbank v CRU
(Case T-376/16) (1)

(2017/C 202/44)
Language of the case: German
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 343, 19.9.2016.
Case C-625/16 P: Order of the Court (Eighth Chamber) of 2 March 2017 — Anikó Pint v European Commission (Appeal — Access to documents — Regulation (EC) No 1049/2001 — Documents from the Hungarian Government relating to the procedure EU Pilot No 8572/15 [CHAP(2015)00353 and 6874/14/JUST] concerning an alleged infringement by Hungary of Article 47 of the Charter of Fundamental Rights of the European Union — Request to be provided with documents — Lack of a response from the European Commission)
Date: 2017-03-02
Institutions: Court of Justice
Subjects: Hungary, access to EU information, right to justice








C_2017195EN.01000602.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/6





Order of the Court (Eighth Chamber) of 2 March 2017 — Anikó Pint v European Commission
(Case C-625/16 P) (1)

((Appeal - Access to documents - Regulation (EC) No 1049/2001 - Documents from the Hungarian Government relating to the procedure EU Pilot No 8572/15 [CHAP(2015)00353 and 6874/14/JUST] concerning an alleged infringement by Hungary of Article 47 of the Charter of Fundamental Rights of the European Union - Request to be provided with documents - Lack of a response from the European Commission))
(2017/C 195/08)
Language of the case: German

Parties


Appellant: Anikó Pint (represented by: D. Lazar, Rechtsanwalt)

Other party to the proceedings: European Commission

Operative part of the order







1)


The appeal is dismissed.










2)


Ms Anikó Pint shall bear her own costs.






(1)  OJ C 112, 10.04.2017.
Case C-4/16: Judgment of the Court (Second Chamber) of 2 March 2017 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie Wydział Cywilny — Poland) — J. D. v Prezes Urzędu Regulacji Energetyki (Reference for a preliminary ruling — Environment — Directive 2009/28/EC — The second subparagraph of Article 2(a) — Energy from renewable sources — Hydropower — Meaning — Energy produced in a small-scale hydropower plant located at the point of discharge of industrial waste water from another plant)
Date: 2017-03-02
Institutions: Court of Justice
Subjects: environmental protection, hydraulic energy, industrial waste, power plant, renewable energy, wastewater








C_2017121EN.01000702.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/7





Judgment of the Court (Second Chamber) of 2 March 2017 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie Wydział Cywilny — Poland) — J. D. v Prezes Urzędu Regulacji Energetyki
(Case C-4/16) (1)

((Reference for a preliminary ruling - Environment - Directive 2009/28/EC - The second subparagraph of Article 2(a) - Energy from renewable sources - Hydropower - Meaning - Energy produced in a small-scale hydropower plant located at the point of discharge of industrial waste water from another plant))
(2017/C 121/09)
Language of the case: Polish

Referring court

Sąd Apelacyjny w Warszawie Wydział Cywilny

Parties to the main proceedings


Applicant: J. D.

Defendant: Prezes Urzędu Regulacji Energetyki

Operative part of the judgment

The concept of ‘energy from renewable sources’, in the second subparagraph of Article 2(a) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, must be interpreted as covering energy generated by a small-scale hydropower plant, which is not a pumped-storage power station or a hydropower plant with a pumping installation, located at the point of discharge of industrial waste water from another plant which previously used the water for its own purposes.


(1)  OJ C 111, 29.3.2016.
Case T-147/17: Action brought on 2 March 2017 — Anastassopoulos and Others v Council and Commission
Date: 2017-03-02
Institutions: General Court
Subjects: Euro Group (euro area), bank, bond, equal treatment, financial loss, investment company, legal person, natural person, private investment, private sector








C_2017202EN.01002001.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/20





Action brought on 2 March 2017 — Anastassopoulos and Others v Council and Commission
(Case T-147/17)
(2017/C 202/34)
Language of the case: French

Parties


Applicants: Nikolaos Anastassopoulos (Nea Erythraia, Greece), Aristeidis Anastassopoulos (Nea Erythraia), Alexia Anastassopoulos (Nea Erythraia), Maria-Myrto Anastassopoulos (Nea Erythraia), Sophie Velliou (Kifissia, Greece) (represented by: K. Floros and M. Meng-Papantoni, lawyers)

Defendants: Council of the European Union and European Commission

Form of order sought







—


Declare the present application admissible and well-founded;










—


Uphold the applicants’ claims for damages by awarding the sum of EUR 123 442 to the first applicant, the sum of EUR 61 721 to the three following applicants and the sum of EUR 120 900 to the fifth applicant or, in the alternative, the sums of EUR 38 227,20, EUR 19 107,60 and EUR 37 440 respectively, together with default interest in each case;










—


Order the defendant[s] to pay the costs, whatever the outcome of the dispute.





Pleas in law and main arguments

In support of the action, the applicants allege an infringement of the fundamental principle of prohibition of discrimination insofar as it requires different treatment of different situations, and of Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’), which gives effect to that principle.
They complain, claiming significant financial losses as a result of their State obligations being subject to Law 4050/12, also known as ‘PSI’ (Private Sector Investment), that they received the same treatment (including the same rate of ‘haircut’) as legal persons, in particular banks and specialised funds, despite their fundamental differences.
They hold, firstly, the Eurogroup President and/or the Eurogroup as such responsible for this, since they prohibited not only the exemption of natural persons from the ‘haircut’ but also from any later compensatory measure, and, secondly, the Commission, which gave its agreement and consent to such an infringement of the abovementioned principle and of Article 21 of the Charter, despite the obligation place on it by Article 17 TEU, as interpreted by the judgment of 20 September 2016, Ledra Advertising and Others v Commission and ECB (C-8/15 P to C-10/15 P, EU:C:2016:701).
Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 March 2017 — Euro exchange rates
Date: 2017-03-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2017066EN.01000101.xml










2.3.2017   


EN


Official Journal of the European Union


C 66/1





Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 March 2017
Euro exchange rates (2)

1 March 2017
(2017/C 66/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0533 




JPY


Japanese yen


119,84 




DKK


Danish krone


7,4333 




GBP


Pound sterling


0,85550 




SEK


Swedish krona


9,5268 




CHF


Swiss franc


1,0647 




ISK


Iceland króna


 




NOK


Norwegian krone


8,8618 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


307,95 




PLN


Polish zloty


4,2958 




RON


Romanian leu


4,5207 




TRY


Turkish lira


3,8438 




AUD


Australian dollar


1,3752 




CAD


Canadian dollar


1,4044 




HKD


Hong Kong dollar


8,1773 




NZD


New Zealand dollar


1,4793 




SGD


Singapore dollar


1,4842 




KRW


South Korean won


1 204,93 




ZAR


South African rand


13,7793 




CNY


Chinese yuan renminbi


7,2472 




HRK


Croatian kuna


7,4205 




IDR


Indonesian rupiah


14 074,19 




MYR


Malaysian ringgit


4,6850 




PHP


Philippine peso


53,015 




RUB


Russian rouble


61,4190 




THB


Thai baht


36,871 




BRL


Brazilian real


3,2768 




MXN


Mexican peso


21,1100 




INR


Indian rupee


70,3960 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

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