do-me/EUR-LEX huggingface dataset:
Case T-123/17 R: Order of the Vice-President of the General Court of 10 April 2017 — Exaa Abwicklungsstelle für Energieprodukte v ACER (Application for interim measures — Energy — Decision of ACER rejecting an application for leave to intervene in Case A-001-2017 (consolidated) — Application for suspension of operation of a measure — No urgency)
Date: 2017-04-10
Institutions: General Court
Subjects: energy industry, judicial proceedings








C_2017195EN.01002901.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/29





Order of the Vice-President of the General Court of 10 April 2017 — Exaa Abwicklungsstelle für Energieprodukte v ACER
(Case T-123/17 R)
((Application for interim measures - Energy - Decision of ACER rejecting an application for leave to intervene in Case A-001-2017 (consolidated) - Application for suspension of operation of a measure - No urgency))
(2017/C 195/41)
Language of the case: German

Parties


Applicant: Exaa Abwicklungsstelle für Energieprodukte AG (Vienna, Austria) (represented by: B. Rajal, lawyer)

Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents)

Re:

Application based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation of the decision of ACER of 17 February 2017 rejecting the application for leave to intervene lodged by the applicant in Case A-001-2017 (consolidated).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case C-185/17: Request for a preliminary ruling from the Administrativen sad Varna (Bulgaria) lodged on 10 April 2017 — Nachalnik na Mitnitsa Varna v Saksa OOD
Date: 2017-04-10
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, customs debt, diesel fuel, frigid zone








C_2017213EN.01002101.xml










3.7.2017   


EN


Official Journal of the European Union


C 213/21





Request for a preliminary ruling from the Administrativen sad Varna (Bulgaria) lodged on 10 April 2017 — Nachalnik na Mitnitsa Varna v Saksa OOD
(Case C-185/17)
(2017/C 213/27)
Language of the case: Bulgarian

Referring court

Administrativen sad Varna — Bulgaria

Parties to the main proceedings


Appellant on a point of law: Nachalnik na Mitnitsa Varna

Respondent in the appeal on a point of law: Saksa OOD

Questions referred







1.


Does the rule provided for in the explanatory notes in table 3 of standard EN 590 (now EN 590:2014), which states that the ‘EU Common Customs Tariff definition of gas oil may not apply to the grades defined for use in arctic or severe winter climates’, mean that, in respect of that type of fuel, it is possible that the general rules contained in additional note 2(d) and (e) to Chapter 27 of the Common Customs Tariff do not apply for the purposes of tariff classification of the goods?










2.


If the answer to the first question is in the affirmative, and if it is established that the goods in respect of which customs duties arise correspond to the definition of diesel for use in ‘arctic or severe winter climates’ in accordance with the criteria set out in Standard EN 590, must that fuel be classified under tariff subheading 2710 19 43 of the Combined Nomenclature, which corresponds to ‘gas oils’, or must the general rules contained in additional note 2(d) and (e) to Chapter 27 of the Common Customs Tariff apply?










3.


If the answer to the first question is in the affirmative, what are the criteria to be used to determine when the definition of gas oil under the Customs Tariff of the European Union should apply and when it is necessary to use the requirements and test methods in accordance with standard EN 590, for the purposes of the tariff classification of the goods?










4.


Are the methods and analysis indicators set out in additional note 2(d) and (e) to Chapter 27 of the Common Customs Tariff sufficient in order to characterise a product fully and accurately as a ‘gas oil’, or is it necessary to take into consideration all of the product’s characteristic chemical indicators?