do-me/EUR-LEX huggingface dataset:
Case C-591/14: Judgment of the Court (Fourth Chamber) of 13 September 2017 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — State aid — Decision 2011/678/EU — State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals — Aid incompatible with the internal market — Obligation of recovery — Non-performance)
Date: 2017-09-13
Institutions: Court of Justice
Subjects: State aid, bovine spongiform encephalopathy, cattle, control of State aid, financial aid, health control, infringement of EU law, reimbursement of aid, veterinary inspection








C_2017382EN.01000501.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/5





Judgment of the Court (Fourth Chamber) of 13 September 2017 — European Commission v Kingdom of Belgium
(Case C-591/14) (1)

((Failure of a Member State to fulfil obligations - State aid - Decision 2011/678/EU - State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals - Aid incompatible with the internal market - Obligation of recovery - Non-performance))
(2017/C 382/03)
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-F. Brakeland, B. Stromsky, S. Noë and H. van Vliet, acting as Agents)

Defendant: Kingdom of Belgium (represented by: C. Pochet, L. Van den Broeck and J. C. Halleux, acting as Agents, and L. Van den Hende and J. Charles, avocats)

Operative part of the judgment

The Court:






1.


Declares that, by failing to take all the necessary measures to recover from the beneficiaries the State aid declared unlawful and incompatible with the internal market by Article 1(3) and (4) of Commission Decision 2011/678/EU of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04)), and by failing to inform the European Commission of the measures taken to comply with that decision, the Kingdom of Belgium has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 2 to 4 of that decision;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 73, 2.3.2015.
European Parliament decision to raise no objections to the Commission Delegated Regulation of 12 June 2017 amending Regulation (EU) No 508/2014 of the European Parliament and of the Council as regards the distribution of funds under direct management among objectives of the Integrated Maritime Policy and the Common Fisheries Policy (C(2017)03881 — 2017/2743(DEA))
Date: 2017-09-13
Institutions: Committee on Fisheries, European Parliament
Subjects: aquaculture, common fisheries policy, distribution of EU funding, fund (EU), law of the sea, shipping policy








C_2018337EN.01017601.xml










20.9.2018   


EN


Official Journal of the European Union


C 337/176






P8_TA(2017)0331
Non-objection to a delegated act: funds under direct management in the European Maritime and Fisheries Fund
European Parliament decision to raise no objections to the Commission Delegated Regulation of 12 June 2017 amending Regulation (EU) No 508/2014 of the European Parliament and of the Council as regards the distribution of funds under direct management among objectives of the Integrated Maritime Policy and the Common Fisheries Policy (C(2017)03881 — 2017/2743(DEA))
(2018/C 337/29)

The European Parliament,






—


having regard to the Commission delegated regulation (C(2017)03881),










—


having regard to the Commission’s letter of 1 September 2017 asking Parliament to declare that it will raise no objections to the delegated regulation,










—


having regard to the letter from the Committee on Fisheries to the Chair of the Conference of Committee Chairs of 5 September 2017,










—


having regard to Article 290 of the Treaty on the Functioning of the European Union,










—


having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (1), in particular Articles 14(4) and 126(5) thereof,










—


having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (2),










—


having regard to the recommendation for a decision of the Committee on Fisheries,










—


having regard to Rule 105(6) of its Rules of Procedure,










—


having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 12 September 2017,












1.


Declares that it has no objections to the delegated regulation;












2.


Instructs its President to forward this decision to the Council and the Commission.






(1)  OJ L 149, 20.5.2014, p. 1.

(2)  OJ L 354, 28.12.2013, p. 22.
Case C-570/15: Judgment of the Court (Third Chamber) of 13 September 2017 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X v Staatssecretaris van Finaciën (Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Determination of the applicable legislation — Regulation (EEC) No 1408/71 — Article 14(2)(b)(i) — Person normally employed in the territory of two or more Member States — Person employed in one Member State and who pursues part of his activities in the Member State of his residence)
Date: 2017-09-13
Institutions: Court of Justice
Subjects: EU Member State, migrant worker, residence, social security, working time








C_2017382EN.01000802.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/8





Judgment of the Court (Third Chamber) of 13 September 2017 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X v Staatssecretaris van Finaciën
(Case C-570/15) (1)

((Reference for a preliminary ruling - Application of social security schemes - Migrant workers - Determination of the applicable legislation - Regulation (EEC) No 1408/71 - Article 14(2)(b)(i) - Person normally employed in the territory of two or more Member States - Person employed in one Member State and who pursues part of his activities in the Member State of his residence))
(2017/C 382/08)
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: X

Defendant: Staatssecretaris van Finaciën

Operative part of the judgment

Article 14(2)(b)(i) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Regulation (EC) No 592/2008 of the Parliament and of the Council of 17 June 2008, must be interpreted as meaning that a person, such as the one in question in the main proceedings, who is employed by an employer established in the territory of one Member State and who resides in another Member State where he carried out, over the course of the past year, a part of his employment activity amounting to 6,5 % of his hours worked without such an arrangement having been agreed with his employer in advance, is not to be considered to be normally employed in the territory of two Member States, within the meaning of that provision.


(1)  OJ C 38, 1.2.2016.
Case T-624/17: Action brought on 13 September 2017 — Poland v Commission
Date: 2017-09-13
Institutions: General Court
Subjects: State aid, control of State aid, national tax, retail trade








C_2017369EN.01003801.xml










30.10.2017   


EN


Official Journal of the European Union


C 369/38





Action brought on 13 September 2017 — Poland v Commission
(Case T-624/17)
(2017/C 369/52)
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s decision of 30 June 2017 on the State aid SA.44351 (2016/C) (ex 2016/NN) implemented by Poland for the tax on the retail sector, notified under document C(2017) 4449; and










—


order the European Commission to pay 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 that the Commission incorrectly classified the Polish tax on the retail sector as State aid within the meaning of Article 107(1) TFEU by reason of a manifest error in its assessment of the condition of selectivity.










2.


Second plea in law, alleging that the contested decision contains a deficient and inadequate statement of reasons.
Judgment of the Court of 13 September 2017 in Case E-15/16 — Yara International ASA v The Norwegian Government (Freedom of establishment — Articles 31 and 34 EEA — Necessity — National rules on intra-group contributions — Balanced allocation of taxation powers — Final loss exception — Risk of tax avoidance — Wholly artificial arrangement — Prohibition of abuse of rights)
Date: 2017-09-13
Institutions: EFTA Court
Subjects: EFTA, Norway, basis of tax assessment, loss, national law, profit, right of establishment, subsidiary, tax avoidance, taxable income








C_2018016EN.01000401.xml










18.1.2018   


EN


Official Journal of the European Union


C 16/4





JUDGMENT OF THE COURT
of 13 September 2017
in Case E-15/16
Yara International ASA v The Norwegian Government

(Freedom of establishment — Articles 31 and 34 EEA — Necessity — National rules on intra-group contributions — Balanced allocation of taxation powers — Final loss exception — Risk of tax avoidance — Wholly artificial arrangement — Prohibition of abuse of rights)

(2018/C 16/04)
In Case E-15/16, Yara International ASA v The Norwegian Government — REQUEST to the Court pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting Court of Appeal (Borgarting lagmannsrett) concerning the interpretation of Article 31 of the Agreement on the European Economic Area in the context of national rules on intra-group contributions, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen, and Ása Ólafsdóttir (ad hoc), Judges, gave judgment on 13 September 2017, the operative part of which is as follows:
Articles 31 and 34 EEA do not preclude the application of national rules on intra-group contributions, such as the rules in the Norwegian Taxation Act, under which the contribution reduces the transferor’s taxable income and is included in the recipient’s taxable income regardless of whether the recipient makes a loss or a profit for tax purposes, that lay down the condition that both the transferor and the recipient are liable to taxation in the EEA State in question. It is a condition of EEA law that the national rules must serve a legitimate objective such as the need to safeguard the balanced allocation of taxation powers between EEA States or to prevent wholly artificial arrangements leading to tax avoidance. However, the requirements of national law go beyond what is necessary to pursue those objectives in cases where the loss sustained by the foreign subsidiary is final.
Case T-21/10: Order of the General Court of 13 September 2017 — Germany v Commission (Action for annulment — ERDF — Reduction in financial aid — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded)
Date: 2017-09-13
Institutions: General Court
Subjects: European Regional Development Fund, Saarland, balance of payments assistance, financial aid








C_2017392EN.01002701.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/27





Order of the General Court of 13 September 2017 — Germany v Commission
(Case T-21/10) (1)

((Action for annulment - ERDF - Reduction in financial aid - Failure to comply with the time limit for adoption of a decision - Infringement of essential procedural requirements - Action manifestly well founded))
(2017/C 392/33)
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented initially by: J. Möller, T. Henze and C. Blaschke, and subsequently by: J. Möller and T. Henze, acting as Agents, and C. von Donat, lawyer)

Defendant: European Commission (represented by: B.-R. Killmann, B. Conte and A. Steiblytė, acting as Agents)

Re:

Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2009) 9049 of 13 November 2009 reducing the assistance granted to the Single Programming Document Objective 2 Saarland (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1123 of 7 May 1997.

Operative part of the order







1.


Commission Decision C(2009) 9049 of 13 November 2009 reducing the assistance granted to the Single Programming Document Objective 2 Saarland (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1123 of 7 May 1997 is annulled.










2.


The European Commission shall pay the costs.






(1)  OJ C 100, 17.4.2010.
Case C-350/16 P: Judgment of the Court (Fifth Chamber) of 13 September 2017 — Salvatore Aniello Pappalardo and Others v European Commission (Appeal — Common fisheries policy — Non-contractual liability of the European Union — Claim for compensation — Regulation (EC) No 530/2008 — Emergency measures adopted by the European Commission — Sufficiently serious breach of a rule of law — Whether possible to rely on that breach — Principle of non-discrimination — Res judicata)
Date: 2017-09-13
Institutions: Court of Justice
Subjects: Atlantic Ocean, Mediterranean Sea, common fisheries policy, damages, equal treatment, fishing area, fishing rights, infringement of EU law, sea fish, sea fishing








C_2017382EN.01002402.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/24





Judgment of the Court (Fifth Chamber) of 13 September 2017 — Salvatore Aniello Pappalardo and Others v European Commission
(Case C-350/16 P) (1)

((Appeal - Common fisheries policy - Non-contractual liability of the European Union - Claim for compensation - Regulation (EC) No 530/2008 - Emergency measures adopted by the European Commission - Sufficiently serious breach of a rule of law - Whether possible to rely on that breach - Principle of non-discrimination - Res judicata))
(2017/C 382/28)
Language of the case: Italian

Parties


Appellants: Salvatore Aniello Pappalardo, Pescatori La Tonnara Soc. coop., Fedemar Srl, Testa Giuseppe & C. Snc, Pescatori San Pietro Apostolo Srl, Camplone Arnaldo & C. Snc di Camplone Arnaldo & C., Valentino Pesca Sas di Camplone Arnaldo & C. (represented by: V. Cannizzaro and L. Caroli, avvocati)

Other party to the proceedings: European Commission (represented by: A. Bouquet and D. Nardi, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Salvatore Aniello Pappalardo, Pescatori La Tonnara Soc. coop., Fedemar Srl, Testa Giuseppe & C. Snc, Pescatori San Pietro Apostolo Srl, Camplone Arnaldo & C. Snc di Camplone Arnaldo & C. and Valentino Pesca Sas di Camplone Arnaldo & C. to pay the costs.






(1)  OJ C 343, 19.9.2016.
European Parliament legislative resolution of 13 September 2017 on the draft Council implementing decision on subjecting N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryloylfentanyl) to control measures (08858/2017 — C8-0179/2017 — 2017/0073(NLE))
Date: 2017-09-13
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU control, drug addiction, drug traffic, health control, health risk, judicial cooperation in criminal matters in the EU, toxicology, tranquiliser








C_2018337EN.01017801.xml










20.9.2018   


EN


Official Journal of the European Union


C 337/178






P8_TA(2017)0333
Subjecting acryloylfentanyl to control measures *
European Parliament legislative resolution of 13 September 2017 on the draft Council implementing decision on subjecting N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryloylfentanyl) to control measures (08858/2017 — C8-0179/2017 — 2017/0073(NLE))
(Consultation)
(2018/C 337/31)

The European Parliament,






—


having regard to the Council draft (08858/2017),










—


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 (C8-0179/2017),










—


having regard to Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (1), and in particular Article 8(3) 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 (A8-0284/2017),












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 127, 20.5.2005, p. 32.
Case T-116/10: Order of the General Court of 13 September 2017 — Germany v Commission (Action for annulment — ERDF — Reduction of financial assistance — North Rhine-Westphalia Programme — Failure to comply with the time-limit for adopting a decision — Infringement of essential procedural requirements — Action manifestly well founded)
Date: 2017-09-13
Institutions: General Court
Subjects: EU programme, European Regional Development Fund, North Rhine-Westphalia, balance of payments assistance, financial aid








C_2017369EN.01001802.xml










30.10.2017   


EN


Official Journal of the European Union


C 369/18





Order of the General Court of 13 September 2017 — Germany v Commission
(Case T-116/10) (1)

((Action for annulment - ERDF - Reduction of financial assistance - North Rhine-Westphalia Programme - Failure to comply with the time-limit for adopting a decision - Infringement of essential procedural requirements - Action manifestly well founded))
(2017/C 369/27)
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented initially by J. Möller, subsequently by J. Möller and T. Henze, acting as Agents, and U. Karpenstein, lawyer)

Defendant: European Commission (represented by: B.-R. Killmann, B. Conte and A. Steiblytė, acting as Agents)

Re:

Application based on Article 263 TFEU seeking the annulment of Commission Decision C(2009) 10675 of 23 December 2009 reducing the assistance granted to the Objective 2 North Rhine-Westphalia Programme (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1120 of 7 May 1997.

Operative part of the order







1.


Commission Decision C(2009) 10675 of 23 December 2009 reducing the assistance granted to the Objective 2 North Rhine-Westphalia Programme (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1120 of 7 May 1997 is annulled.










2.


The European Commission is ordered to pay the costs.






(1)  OJ C 134, 22.5.2010.