do-me/EUR-LEX huggingface dataset:
Council Decision (EU) 2017/1535 of 4 September 2017 adopting the Council's position on draft amending budget No 4 of the European Union for the financial year 2017
Date: 2017-09-04
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU)








L_2017233EN.01000601.xml










9.9.2017   


EN


Official Journal of the European Union


L 233/6








            COUNCIL DECISION (EU) 2017/1535
of 4 September 2017
         
adopting the Council's position on draft amending budget No 4 of the European Union for the financial year 2017


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to Regulation (EU, Euratom) 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 and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,

Whereas:






—


the Union's budget for the financial year 2017 was definitively adopted on 1 December 2016
                   (2),










—


on 27 June 2017, the Commission submitted a proposal containing draft amending budget No 4 to the general budget for the financial year 2017,




HAS DECIDED AS FOLLOWS:



Sole Article
The Council's position on draft amending budget No 4 of the European Union for the financial year 2017 was adopted on 4 September 2017.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/




Done at Brussels, 4 September 2017.


For the Council


The President

M. MAASIKAS
            





(1)  
            OJ L 298, 26.10.2012, p. 1.

(2)  
            OJ L 51, 28.2.2017, p. 1.
Case C-526/17: Action brought on 4 September 2017 — European Commission v Italian Republic
Date: 2017-09-04
Institutions: Court of Justice
Subjects: award of contract, motorway, service concession, tendering, works contract








C_2017347EN.01002401.xml










16.10.2017   


EN


Official Journal of the European Union


C 347/24





Action brought on 4 September 2017 — European Commission v Italian Republic
(Case C-526/17)
(2017/C 347/32)
Language of the case: Italian

Parties


Applicant: European Commission (represented by: G. Gattinara, P. Ondrůšek and A. Tokár, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:






—


declare that, in deferring expiry of the works contract relating to the A12 Civitavecchia-Livorno motorway until 31 December 2046 without publishing any contract notice, the Italian Republic has failed to fulfil its obligations under Articles 2 and 58 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114), as subsequently amended;










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The Commission considers that the extending until 31 December 2046 of the works contract relating to the A12 Civitavecchia-Livorno motorway constitutes an amendment to an essential term of that contract; being a substantial amendment to that contract, that extension is tantamount to concluding a new works contract and, as such, should have been made public through the publication of a contract notice. Since, however, no such publication has taken place, the Italian Republic has failed to fulfil its obligations under Articles 2 and 58 of Directive 2004/18/EC.
Commission Decision (EU) 2017/1525 of 4 September 2017 amending Decision 2014/256/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to converted paper products (notified under document C(2017) 5948) (Text with EEA relevance. )
Date: 2017-09-04
Institutions: Directorate-General for Environment, European Commission
Subjects: European standard, eco-label, environmental impact, environmental standard, pulp and paper industry, technical specification




L_2017230EN.01002801.xml










6.9.2017   


EN


Official Journal of the European Union


L 230/28








            COMMISSION DECISION (EU) 2017/1525
of 4 September 2017
         
amending Decision 2014/256/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to converted paper products


(notified under document C(2017) 5948)


(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 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(3)(c) thereof,


After consulting the European Union Eco-Labelling Board,

Whereas:







(1)


Commission Decision 2014/256/EU (2) expires on 2 May 2017.












(2)


An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decision 2014/256/EU. Decision 2014/256/EU should therefore be amended accordingly.












(3)


The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,





HAS ADOPTED THIS DECISION:



Article 1
Article 4 of Decision 2014/256/EU is replaced by the following:


‘Article 4
The ecological criteria for the product group “converted paper products” and the related assessment and verification requirements shall be valid until 31 December 2020.’




Article 2
This Decision is addressed to the Member States.




Done at Brussels, 4 September 2017.


For the Commission

Karmenu VELLA
            

Member of the Commission






(1)  
            OJ L 27, 30.1.2010, p. 1.

(2)  Commission Decision 2014/256/EU of 2 May 2014 establishing the ecological criteria for the award of the EU Ecolabel for converted paper products (OJ L 135, 8.5.2014, p. 24)
Case T-595/17: Action brought on 4 September 2017 — Demp v EUIPO (Representation of the colours grey and yellow)
Date: 2017-09-04
Institutions: General Court
Subjects: EU trade mark, horticulture, measuring equipment, mechanical equipment, pump, registered trade mark, sports equipment, trade-mark law, tube, water management in agriculture








C_2017357EN.01002602.xml










23.10.2017   


EN


Official Journal of the European Union


C 357/26





Action brought on 4 September 2017 — Demp v EUIPO (Representation of the colours grey and yellow)
(Case T-595/17)
(2017/C 357/35)
Language of the case: German

Parties


Applicant: Demp BV (Vianen, Netherlands) (represented by: C. Gehweiler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Colour mark (Representation of the colours grey and yellow) — Application for registration No 15 439 987

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 10 July 2017 in Case R 1624/2016-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) and Article 4 of Regulation No 207/2009.
Case C-528/17: Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije (Slovenia) lodged on 4 September 2017 — Milan Božičevič Ježovnik v Republic of Slovenia
Date: 2017-09-04
Institutions: Court of Justice
Subjects: VAT, customs debt, import (EU), tax exemption








C_2017374EN.01002001.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/20





Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije (Slovenia) lodged on 4 September 2017 — Milan Božičevič Ježovnik v Republic of Slovenia
(Case C-528/17)
(2017/C 374/29)
Language of the case: Slovenian

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings


Appellant: Milan Božičevič Ježovnik

Respondent: Republic of Slovenia

Questions referred







1.


Is the importer (declarant), who at the time of the import requests exemption from payment of VAT (import in accordance with procedure 42), inasmuch as the goods are intended to be supplied in another Member State, liable for payment of the VAT (when it is subsequently found that the conditions necessary for exemption have not been satisfied) in the same way that he is liable for payment of the customs debt?










2.


If the answer is in the negative, is the liability of the importer (declarant) equal to that of the taxable person who makes the intra-Community supply of exempt goods, for the purposes of Article 138(1) of the VAT Directive?










3.


In the latter case, must the subjective element showing that the importer (declarant) intended to abuse the VAT scheme be assessed differently from the case of the intra-Community supply of goods referred to in Article 138(1) of the VAT Directive? Must that assessment be more concessive, in the light of the fact that in procedure 42 exemption from payment of VAT must be authorised in advance by the customs authority? Or must it be more restrictive, inasmuch as the transactions concerned are connected with the first entry into the European Union internal market of goods originating from third countries?
Council Decision (EU) 2017/1537 of 4 September 2017 adopting the Council's position on draft amending budget No 3 of the European Union for the financial year 2017
Date: 2017-09-04
Institutions: Council of the European Union
Subjects: EU expenditure, amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU)








L_2017234EN.01000601.xml










12.9.2017   


EN


Official Journal of the European Union


L 234/6








            COUNCIL DECISION (EU) 2017/1537
of 4 September 2017
         
adopting the Council's position on draft amending budget No 3 of the European Union for the financial year 2017


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to Regulation (EU, Euratom) 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 and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,

Whereas:






—


the Union's budget for the financial year 2017 was definitively adopted on 1 December 2016
                   (2),










—


on 30 May 2017, he Commission submitted a proposal containing draft amending budget No 3 to the general budget for the financial year 2017,




HAS DECIDED AS FOLLOWS:



Sole Article
The Council's position on draft amending budget No 3 of the European Union for the financial year 2017 was adopted on 4 September 2017.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/




Done at Brussels, 4 September 2017.


For the Council


The President

M. MAASIKAS
            





(1)  
            OJ L 298, 26.10.2012, p. 1.

(2)  
            OJ L 51, 28.2.2017, p. 1.
Case T-600/17: Action brought on 4 September 2017 — Remolcadores Nosa Terra and Others v Commission and SRB
Date: 2017-09-04
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017382EN.01004801.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/48





Action brought on 4 September 2017 — Remolcadores Nosa Terra and Others v Commission and SRB
(Case T-600/17)
(2017/C 382/60)
Language of the case: Spanish

Parties


Applicants: Remolcadores Nosa Terra, SA (Vigo, Spain), Grupo Nosa Terra 2000, SLU (Vigo), Hospital Povisa, SA (Vigo) and Industrias Lácteas Asturianas, SA (Madrid, Spain) (represented by: J. Otero Novas, lawyer)

Defendants: European Commission and Single Resolution Board

Form of order sought

The applicants claim that the General Court should:






—


Annul the Commission Decision endorsing the prior Decision of the Single Resolution Board, made on the same day, adopting the resolution scheme regarding the institution Banco Popular Español S.A., and which is implemented in Spain by the FROB, in that it sets a payment of EUR 0 in respect of the applicants’ rights in the Banco Popular.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Council Decision of 4 September 2017 adopting the Council’s position on the draft general budget of the European Union for the financial year 2018
Date: 2017-09-04
Institutions: Council of the European Union
Subjects: EU expenditure, budgetary resources, draft budget (EU), financial year, general budget (EU)








C_2017303EN.01000201.xml










14.9.2017   


EN


Official Journal of the European Union


C 303/2





COUNCIL DECISION
of 4 September 2017
adopting the Council’s position on the draft general budget of the European Union for the financial year 2018
(2017/C 303/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,
Whereas:






1.


On 29 June 2017, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2018 (1),










2.


The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (2), and, on the expenditure side, with Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3),




HAS DECIDED AS FOLLOWS:
Sole Article
The Council’s position on the draft general budget of the European Union for the financial year 2018 was adopted by the Council on 4 September 2017.
The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, 4 September 2017.


For the Council


The President

M. MAASIKAS




(1)  COM(2017) 400 final.

(2)  OJ L 168, 7.6.2014, p. 105.

(3)  OJ L 347, 20.12.2013, p. 884.
Decision No 51/2017 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 4 September 2017 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/1574]
Date: 2017-09-04
Institutions: European Union, Joint Committee, United States
Subjects: EC conformity marking, United States, agreement (EU), approval, electro-magnetic equipment, market access, mutual recognition principle, revision of an agreement








L_2017238EN.01005301.xml










16.9.2017   


EN


Official Journal of the European Union


L 238/53








            DECISION No 51/2017 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA
         
of 4 September 2017
         
related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/1574]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Articles 7 and 14;


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;

HAS DECIDED AS FOLLOWS:








1.


The Conformity Assessment Body in Attachment A is added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility.










2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Body indicated in Attachment A has been agreed by the Parties and will be maintained by them.







This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorized to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.


On behalf of the United States of America

James C. SANFORD
            
Signed in Washington DC, on 5 July 2017.



On behalf of the European Union

Ignacio IRUARRIZAGA
            
Signed in Brussels, on 4 September 2017.







Attachment A

EC Conformity Assessment Body added to the list of Conformity Assessment Bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility











Electromagnetic Testing Services Ltd




Pratts Fields, Lubberhedges Lane




Stebbing, Dunmow




Essex CM6 3BT




UNITED KINGDOM