do-me/EUR-LEX huggingface dataset:
Decision of the General Court of 5 April 2017 on judicial vacations
Date: 2017-04-05
Institutions: General Court
Subjects: General Court (EU), holiday, operation of the Institutions








C_2017168EN.01000401.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/4





DECISION OF THE GENERAL COURT
of 5 April 2017
on judicial vacations
(2017/C 168/03)
THE GENERAL COURT,
Having regard to Article 41(2) of the Rules of Procedure,
HAS ADOPTED THIS DECISION:

Article 1

For the judicial year beginning on 1 September 2017, the dates of the judicial vacations within the meaning of Article 41(2) and (6) of the Rules of Procedure are as follows:






—


Christmas 2017: from Monday 18 December 2017 to Sunday 7 January 2018 inclusive,










—


Easter 2018: from Monday 26 March 2018 to Sunday 8 April 2018 inclusive,










—


Summer 2018: from Monday 16 July 2018 to Friday 31 August 2018 inclusive.





Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Luxembourg, 5 April 2017.

E. COULON

Registrar



M. JAEGER

President
European Parliament legislative resolution of 5 April 2017 on the draft Council implementing decision on the automated data exchange with regard to dactyloscopic data in Latvia, and replacing Decision 2014/911/EU (13521/2016 — C8-0523/2016 — 2016/0818(CNS))
Date: 2017-04-05
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Latvia, biometrics, cross-frontier data flow, data protection, exchange of information, information system, personal data








C_2018298EN.01031401.xml










23.8.2018   


EN


Official Journal of the European Union


C 298/314






P8_TA(2017)0118
Automated data exchange with regard to dactyloscopic data in Latvia *
European Parliament legislative resolution of 5 April 2017 on the draft Council implementing decision on the automated data exchange with regard to dactyloscopic data in Latvia, and replacing Decision 2014/911/EU (13521/2016 — C8-0523/2016 — 2016/0818(CNS))
(Consultation)
(2018/C 298/38)

The European Parliament,






—


having regard to the Council draft (13521/2016),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0523/2016),










—


having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,










—


having regard to Rule 78c of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0089/2017),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ L 210, 6.8.2008, p. 1.
Commission Implementing Regulation (EU) 2017/703 of 5 April 2017 entering a name in the register of protected designations of origin and protected geographical indications (Vitelloni Piemontesi della coscia (PGI))
Date: 2017-04-05
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Italy, Liguria, Piedmont, beef, designation of origin, fresh meat, labelling, product designation








L_2017104EN.01000301.xml










20.4.2017   


EN


Official Journal of the European Union


L 104/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/703
of 5 April 2017
         
entering a name in the register of protected designations of origin and protected geographical indications (Vitelloni Piemontesi della coscia (PGI))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Vitelloni Piemontesi della coscia’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Vitelloni Piemontesi della coscia’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Vitelloni Piemontesi della coscia’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.1. Fresh meat (and offal), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 April 2017.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 481, 23.12.2016, p. 21.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case C-177/17: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte (Italy) lodged on 5 April 2017 — Demarchi Gino S.a.s. v Ministero della Giustizia
Date: 2017-04-05
Institutions: Court of Justice
Subjects: Italy, indemnification, judicial cooperation in civil matters in the EU, judicial cooperation in criminal matters in the EU, judicial proceedings, mutual recognition principle, national law, private international law, right to justice








C_2017277EN.01002101.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/21





Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte (Italy) lodged on 5 April 2017 — Demarchi Gino S.a.s. v Ministero della Giustizia
(Case C-177/17)
(2017/C 277/30)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings


Applicant: Demarchi Gino S.a.s.

Defendant: Ministero della Giustizia

Question referred

Does the principle that everyone is entitled to a hearing by an impartial tribunal within a reasonable time, affirmed in the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union and in Article 6(1) of the European Convention for the Protection of Human Rights, which has become a principle of European Union law by virtue of Article 6(3) TEU, read in conjunction with the principle arising from Article 67 TFEU, according to which the Union is to constitute an area of freedom, security and justice with respect for fundamental rights, and the principle arising from Articles 81 and 82 TFEU, according to which, in civil and criminal matters having cross-border implications, the Union is to develop judicial cooperation based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases, preclude national provisions, such as the Italian provisions contained in Article 5 sexies of Law No 89/2001, which impose on persons entitled to the payment by the Italian State of ‘fair compensation’ in respect of the unreasonable duration of legal proceedings a series of obligations which they must fulfil in order to obtain such payment, and to await the expiry of the period referred to in Article 5 sexies (5) of Law No 89/2001 without, in the meanwhile, being entitled to take any legal action for enforcement and without subsequently being able to claim damages in respect of late payment, even in cases in which the ‘fair compensation’ has been awarded in respect of the unreasonable duration of civil proceedings which have cross-border implications or which involve a matter that falls within the jurisdiction of the European Union and/or a matter in relation to which the European Union provides for the reciprocal recognition of judgments?
P8_TA(2017)0103 Certain aspects of company law ***I European Parliament legislative resolution of 5 April 2017 on the proposal for a directive of the European Parliament and of the Council relating to certain aspects of company law (codified text) (COM(2015)0616 — C8-0388/2015 — 2015/0283(COD)) P8_TC1-COD(2015)0283 Position of the European Parliament adopted at first reading on 5 April 2017 with a view to the adoption of Directive (EU) 2017/… of the European Parliament and of the Council relating to certain aspects of company law (codification)
Date: 2017-04-05
Institutions: Committee on Legal Affairs, European Parliament
Subjects: access to information, codification of EU law, company law, company with share capital, cross-frontier data flow, economic concentration, share capital








C_2018298EN.01028201.xml










23.8.2018   


EN


Official Journal of the European Union


C 298/282






P8_TA(2017)0103
Certain aspects of company law ***I
European Parliament legislative resolution of 5 April 2017 on the proposal for a directive of the European Parliament and of the Council relating to certain aspects of company law (codified text) (COM(2015)0616 — C8-0388/2015 — 2015/0283(COD))
(Ordinary legislative procedure — codification)
(2018/C 298/24)

The European Parliament,






—


having regard to the Commission proposal to the European Parliament and the Council (COM(2015)0616),










—


having regard to Article 294(2) and Article 50(1) and (2)(g) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0388/2015),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 27 April 2016 (1),










—


having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),










—


having regard to Rules 103 and 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A8-0088/2017),










A.


whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;












1.


Adopts its position at first reading hereinafter set out;












2.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 264, 20.7.2016, p. 82.

(2)  OJ C 102, 4.4.1996, p. 2.




P8_TC1-COD(2015)0283
Position of the European Parliament adopted at first reading on 5 April 2017 with a view to the adoption of Directive (EU) 2017/… of the European Parliament and of the Council relating to certain aspects of company law (codification)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2017/1132.)
Joined Cases C-217/15 and C-350/15: Judgment of the Court (Fourth Chamber) of 5 April 2017 (request for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere — Italy) — criminal proceedings against Massimo Orsi (C-217/15), Luciano Baldetti (C-350/15) (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 2 and 273 — National legislation providing for an administrative penalty and a criminal penalty for the same offences, relating to the non-payment of value added tax — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Identity of the accused or penalised person — Absence)
Date: 2017-04-05
Institutions: Court of Justice
Subjects: VAT, administrative sanction, criminal liability, legal person, natural person, penalty, tax offence








C_2017168EN.01000502.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/5





Judgment of the Court (Fourth Chamber) of 5 April 2017 (request for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere — Italy) — criminal proceedings against Massimo Orsi (C-217/15), Luciano Baldetti (C-350/15)
(Joined Cases C-217/15 and C-350/15) (1)

((Reference for a preliminary ruling - Taxation - Value added tax - Directive 2006/112/EC - Articles 2 and 273 - National legislation providing for an administrative penalty and a criminal penalty for the same offences, relating to the non-payment of value added tax - Charter of Fundamental Rights of the European Union - Article 50 - Ne bis in idem principle - Identity of the accused or penalised person - Absence))
(2017/C 168/05)
Language of the case: Italian

Referring court

Tribunale di Santa Maria Capua Vetere

Party in the main proceedings

Massimo Orsi (C 217/15), Luciano Baldetti (C 350/15)

Operative part of the judgment

Article 50 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which permits criminal proceedings to be brought for non-payment of value added tax, after the imposition of a definitive tax penalty with respect to the same act or omission, where that penalty was imposed on a company with legal personality, while those criminal proceedings were brought against a natural person.


(1)  OJ C 245, 27.7.2015.

OJ C 311 21.9.2015.
Case T-207/17: Action brought on 5 April 2017 — Senetic v EUIPO — HP Hewlett Packard Group (hp)
Date: 2017-04-05
Institutions: General Court
Subjects: EU trade mark, computer equipment, consultancy, maintenance, registered trade mark, trade-mark law








C_2017168EN.01003101.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/31





Action brought on 5 April 2017 — Senetic v EUIPO — HP Hewlett Packard Group (hp)
(Case T-207/17)
(2017/C 168/40)
Language in which the application was lodged: English

Parties


Applicant: Senetic S.A. (Katowice, Poland) (represented by: M. Krekora, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: HP Hewlett Packard Group LLC (Houston, Texas, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark containing the letters ‘hp’ — EU trade mark No 8 579 021

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 February 2017 in Case R 1001/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the intervener to pay the costs of proceedings before the Court, as well as the EUIPO.





Pleas in law







—


Infringement of Article 52(1)(a) in conjunction with Article 7 of Regulation No 207/2009;










—


Infringement of Article 52(1)(b) of Regulation No 207/2009.
Commission Regulation (EU) 2017/645 of 5 April 2017 correcting the Latvian language version of Regulation (EC) No 152/2009 laying down the methods of sampling and analysis for the official control of feed (Text with EEA relevance. )
Date: 2017-04-05
Institutions: Directorate-General for Translation, European Commission
Subjects: analytical chemistry, animal nutrition, food inspection, sampling








L_2017092EN.01003501.xml










6.4.2017   


EN


Official Journal of the European Union


L 92/35








            COMMISSION REGULATION (EU) 2017/645
of 5 April 2017
         
correcting the Latvian language version of Regulation (EC) No 152/2009 laying down the methods of sampling and analysis for the official control of feed
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 11(4) thereof,

Whereas:







(1)


An error has occurred in the Latvian language version of Commission Regulation (EC) No 152/2009 (2) as amended by Commission Regulation (EU) No 691/2013 (3). Therefore a correction in the text of the footnotes of the tables of points 5.1.1, 5.1.3 and 5.1.5 in Annex I is necessary in the Latvian language version of Regulation (EC) No 152/2009. The other language versions are not affected.












(2)


Regulation (EC) No 152/2009 should therefore be corrected accordingly.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,





HAS ADOPTED THIS REGULATION:



Article 1
Concerns only the Latvian language version.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 April 2017.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 165, 30.4.2004, p. 1.

(2)  Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1).

(3)  Commission Regulation (EU) No 691/2013 of 19 July 2013 amending Regulation (EC) No 152/2009 as regards methods of sampling and analysis (OJ L 197, 20.7.2013, p. 1).
Case T-208/17: Action brought on 5 April 2017 — Senetic v EUIPO — HP Hewlett Packard Group (HP)
Date: 2017-04-05
Institutions: General Court
Subjects: EU trade mark, business management, computer equipment, financial services, maintenance, provision of services, publishing, registered trade mark, telecommunications, trade-mark law








C_2017168EN.01003102.xml










29.5.2017   


EN


Official Journal of the European Union


C 168/31





Action brought on 5 April 2017 — Senetic v EUIPO — HP Hewlett Packard Group (HP)
(Case T-208/17)
(2017/C 168/41)
Language in which the application was lodged: English

Parties


Applicant: Senetic S.A. (Katowice, Poland) (represented by: M. Krekora, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: HP Hewlett Packard Group LLC (Houston, Texas, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU figurative mark containing the letters ‘HP’ — EU trade mark No 52 449

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 1 February 2017 in Case R 1002/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order the intervener to pay the costs of proceedings before the Court, as well as the EUIPO.





Pleas in law







—


Infringement of Article 52(1)(a) in conjunction with Article 7 of Regulation No 207/2009;










—


Infringement of Article 52(1)(b) of Regulation No 207/2009.
Corrigendum to Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016)
Date: 2017-04-05
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, European arrest warrant, charge, criminal proceedings, extradition, legal aid, right to justice, rights of the defence








L_2017091EN.01004002.xml










5.4.2017   


EN


Official Journal of the European Union


L 91/40







Corrigendum to Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings

(
Official Journal of the European Union L 297 of 4 November 2016
)


On page 7, Article 10(1):
for:

               ‘
               25 May 2021
               ’,
read:

               ‘
               5 May 2021
               ’;
on page 7, Article 10(2):
for:

               ‘
               25 May 2022
               ’,
read:

               ‘
               5 May 2022
               ’;
on page 8, Article 12(1):
for:

               ‘
               25 May 2019
               ’,
read:

               ‘
               5 May 2019
               ’: