do-me/EUR-LEX huggingface dataset:
Case C-326/15: Judgment of the Court (Fourth Chamber) of 21 September 2017 (request for a preliminary ruling from the Administratīvā apgabaltiesa — Latvia) — ‘DNB BANKA’ AS v Valsts ienemumu dienests (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemptions for certain activities in the public interest — Exemption for the supply of services by independent groups of persons for their members — Applicability to financial services)
Date: 2017-09-21
Institutions: Court of Justice
Subjects: VAT, financial services, provision of services, services of general interest, tax exemption








C_2017392EN.01000501.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/5





Judgment of the Court (Fourth Chamber) of 21 September 2017 (request for a preliminary ruling from the Administratīvā apgabaltiesa — Latvia) — ‘DNB BANKA’ AS v Valsts ienemumu dienests
(Case C-326/15) (1)

((Reference for a preliminary ruling - Taxation - Value added tax - Directive 2006/112/EC - Article 132(1)(f) - Exemptions for certain activities in the public interest - Exemption for the supply of services by independent groups of persons for their members - Applicability to financial services))
(2017/C 392/06)
Language of the case: Latvian

Referring court

Administratīvā apgabaltiesa

Parties to the main proceedings


Applicant:‘DNB BANKA’ AS

Defendant: Valsts ienemumu dienests

Operative part of the judgment

Article 132(1)(f) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted to the effect that the exemption provided for in that provision relates only to independent groups of persons whose members carry on an activity in the public interest referred to in Article 132 of that directive and that, therefore, the services supplied by a group whose members carry on an economic activity in the area of financial services, which does not constitute such an activity in the public interest, are not entitled to that exemption.


(1)  OJ C 311, 21.9.2015.
Case T-789/16: Judgment of the General Court of 21 September 2017 — InvoiceAuction B2B v EUIPO (INVOICE AUCTION) (EU trade mark — Application for the figurative EU trade mark INVOICE AUCTION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2017-09-21
Institutions: General Court
Subjects: EU trade mark, auction sale, financial services, invoicing, registered trade mark, software, trade-mark law








C_2017374EN.01003501.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/35





Judgment of the General Court of 21 September 2017 — InvoiceAuction B2B v EUIPO (INVOICE AUCTION)
(Case T-789/16) (1)

((EU trade mark - Application for the figurative EU trade mark INVOICE AUCTION - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2017/C 374/52)
Language of the case: German

Parties


Applicant: InvoiceAuction B2B GmbH (Frankfurt am Main, Germany) (represented by: C. Jonas, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf, Agent)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 3 August 2016 (Case R 2201/2015-1), relating to the application for registration of the figurative sign INVOICE AUCTION as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders InvoiceAuction B2B GmbH to pay the costs.






(1)  OJ C 14, 16.1.2017.
Case T-238/15: Judgment of the General Court of 21 September 2017 — Novartis v EUIPO — Meda (Zimara) (EU trade mark — Opposition proceedings — Application for the EU word mark Zimara — Earlier EU word mark FEMARA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009 — Obligation to decide on the entirety of the appeal — First sentence of Article 64(1) of Regulation No 207/2009)
Date: 2017-09-21
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law, veterinary medicinal product








C_2017374EN.01002701.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/27





Judgment of the General Court of 21 September 2017 — Novartis v EUIPO — Meda (Zimara)
(Case T-238/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark Zimara - Earlier EU word mark FEMARA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 75 of Regulation No 207/2009 - Article 76(1) of Regulation No 207/2009 - Obligation to decide on the entirety of the appeal - First sentence of Article 64(1) of Regulation No 207/2009))
(2017/C 374/40)
Language of the case: English

Parties


Applicant: Novartis AG (Basle, Switzerland) (represented by M. Douglas, lawyer)

Defendant: European Union Intellectual Property Office (represented by H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Meda AB (Solna, Sweden)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 March 2015 (Case R 636/2014-5) relating to opposition proceedings between Novartis and Meda.

Operative part of the judgment

The Court:






1.


Annuls the Decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 March 2015 (Case R 636/2014-5) in so far as the Board of Appeal failed to rule on the appeal before it as regards ‘veterinary preparations’;










2.


Dismisses the remainder of the action;










3.


Orders each party to bear its own costs.






(1)  OJ C 228, 13.7.2015.
Case T-214/15: Judgment of the General Court of 21 September 2017 — Novartis v EUIPO — Meda (Zymara) (EU trade mark — Opposition proceedings — Application for the EU word mark Zymara — Earlier EU word mark FEMARA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009)
Date: 2017-09-21
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2017374EN.01002602.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/26





Judgment of the General Court of 21 September 2017 — Novartis v EUIPO — Meda (Zymara)
(Case T-214/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark Zymara - Earlier EU word mark FEMARA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 75 of Regulation No 207/2009 - Article 76(1) of Regulation No 207/2009))
(2017/C 374/39)
Language of the case: English

Parties


Applicant: Novartis AG (Basle, Switzerland) (represented by M. Douglas, lawyer)

Defendant: European Union Intellectual Property Office (represented by H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Meda AB (Solna, Sweden)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 February 2015 (Case R 550/2014-5) relating to opposition proceedings between Novartis and Meda.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Novartis AG to pay the costs.






(1)  OJ C 205, 22.6.2015.
Notice from the Government of Malta concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2017-09-21
Institutions: Malta
Subjects: Malta, extraction of oil, hydrocarbon, mineral prospecting, petroleum exploration, public contract








C_2017313EN.01000201.xml










21.9.2017   


EN


Official Journal of the European Union


C 313/2





Notice from the Government of Malta concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
(2017/C 313/02)
Pursuant to the Notice from the Government of Malta concerning the above-mentioned Directive published in the Official Journal of the European Union on 4 May 2013 (2013/C 127/04), the Office of the Prime Minister hereby notifies that Blocks 1, 2 and 3 of Area 3 are now available for authorisation on a permanent basis under either an exploration licence or an exploration and production licence.
Information regarding this notice may be obtained by contacting the Director General of the Continental Shelf Department at the Office of the Prime Minister, Block F, Antonio Maurizio Valperga Street, Floriana, FRN 1700, Malta on dgcs.opm@gov.mt and on www.continentalshelf.gov.mt.
Case T-261/16: Judgment of the General Court of 21 September 2017 — Portugal v Commission (EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1290/2005 — Direct support scheme for farmers — Regulation (EC) No 73/2009 and Regulation (EC) No 1122/2009 — Milk quota system — Regulation (EC) No 1788/2003 and Regulation (EC) No 595/2004 — Replacement of on-the-spot checks of agricultural holdings by administrative checks)
Date: 2017-09-21
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, dairy cow, eligibility criteria, single payment scheme








C_2017374EN.01003201.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/32





Judgment of the General Court of 21 September 2017 — Portugal v Commission
(Case T-261/16) (1)

((EAGF and EAFRD - Expenditure excluded from financing - Regulation (EC) No 1290/2005 - Direct support scheme for farmers - Regulation (EC) No 73/2009 and Regulation (EC) No 1122/2009 - Milk quota system - Regulation (EC) No 1788/2003 and Regulation (EC) No 595/2004 - Replacement of on-the-spot checks of agricultural holdings by administrative checks))
(2017/C 374/48)
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, J. Saraiva de Almeida and P. Estêvão, acting as Agents)

Defendant: European Commission (represented by: initially A. Lewis, G. Braga da Cruz and J. Guillem Carrau, then A. Lewis and B. Rechena, acting as Agents)

Re:

Application based on Article 263 TFEU and asking for annulment of Commission Implementing Decision (EU) 2016/417 of 17 March 2016 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2016 L 75, p. 16), including that carried out by the Portuguese Republic in the context of ‘[o]ther Direct Aid — [a]rticle 68 — 72 of Regulation (EC) No 73/2009’ for the financial years 2011 to 2013 of a total amount of EUR 385 762,22.

Operative part of the judgment

The Court:






1)


Dismisses the action;










2)


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 270, 25.7.2016.
Case C-552/17: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 September 2017 — Alpenchalets Resorts GmbH v Finanzamt München Abteilung Körperschaften
Date: 2017-09-21
Institutions: Court of Justice
Subjects: VAT, hotel industry, provision of services, tax relief, travel agency








C_2017437EN.01001602.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/16





Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 September 2017 — Alpenchalets Resorts GmbH v Finanzamt München Abteilung Körperschaften
(Case C-552/17)
(2017/C 437/20)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Alpenchalets Resorts GmbH

Defendant: Finanzamt München Abteilung Körperschaften

Questions referred







1.


Is the supply of a service which consists essentially in the provision of holiday accommodation and in which additional service components are to be regarded merely as ancillary to the principal supply, in accordance with the judgment of the Court of Justice of the European Union of 12 November 1992, Van Ginkel (C-163/91, EU:C:1992:435), subject to the special scheme for travel agents under Article 306 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax? (1)











2.


If the first question is answered in the affirmative, can that supply of service also be subject, in addition to the special scheme for travel agents under Article 306 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, to the tax rate reduction for the provision of holiday accommodation, as referred to in Article 98(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax in conjunction with Annex III, point (12)?






(1)  OJ 2006 L 347, p. 1.
Case C-559/17 P: Appeal brought on 21 September 2017 by Cafés Pont SL against the judgment of the General Court (Fifth Chamber) delivered on 20 July 2017 in Case T-309/16: Cafés Pont v EUIPO — Giordano Vini
Date: 2017-09-21
Institutions: Court of Justice
Subjects: EU trade mark, cereal product, cocoa, coffee, confectionery product, honey, registered trade mark, sugar, tea, trade-mark law








C_2018083EN.01001002.xml










5.3.2018   


EN


Official Journal of the European Union


C 83/10





Appeal brought on 21 September 2017 by Cafés Pont SL against the judgment of the General Court (Fifth Chamber) delivered on 20 July 2017 in Case T-309/16: Cafés Pont v EUIPO — Giordano Vini
(Case C-559/17 P)
(2018/C 083/15)
Language of the case: English

Parties


Appellant: Cafés Pont SL (represented by: E. Manresa Medina, abogado)

Other parties to the proceedings: European Union Intellectual Property Office, Giordano Vini SpA
By order of 11 January 2018 the Court of Justice (Tenth Chamber) held that the appeal was inadmissible.
Case C-548/17: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 September 2017 — Finanzamt Goslar v baumgarten sports & more GmbH
Date: 2017-09-21
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, tax authorities, tax collection, taxable income, taxpayer








C_2017437EN.01001601.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/16





Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 21 September 2017 — Finanzamt Goslar v baumgarten sports & more GmbH
(Case C-548/17)
(2017/C 437/19)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Appellant on a point of law: Finanzamt Goslar

Respondent in the appeal on a point of law: baumgarten sports & more GmbH

Questions referred







1.


Account being taken of the task of tax collector for the tax authority that falls to the taxable person, must Article 63 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) be interpreted restrictively as meaning that the amount receivable in respect of the supply of goods or services






(a)


is due or










(b)


is at least unconditionally owed?














2.


If the answer to the first question is in the negative: is the taxable person obliged to pre-finance the VAT owed in respect of the supply of goods or services for a period of two years if he is not able to receive (part of) the remuneration for the goods or services supplied by him until two years after the taxable event has occurred?










3.


If the answer to the second question is in the affirmative: account being taken of the powers conferred on them under Article 90(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, are the Member States entitled to assume, for the purposes of the tax period in which VAT first becomes chargeable, that there has been an adjustment as provided for in Article 90(1) of that directive in the case where the taxable person is not able to obtain the amount receivable, because it is not due, until two years after the taxable event has occurred?






(1)  OJ 2006 L 347, p. 1.
Joined Cases C-86/15 P and C-87/15 P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court)
Date: 2017-09-21
Institutions: Court of Justice
Subjects: Italy, bar, cartel, concrete, fixing of prices, limitation of legal proceedings, market-sharing agreement, price agreement, rights of the defence








C_2017392EN.01000301.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/3





Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) v European Commission
(Joined Cases C-86/15 P and C-87/15 P) (1)

((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))
(2017/C 392/03)
Language of the case: Italian

Parties


Appellants: Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) (represented by: D.M. Fosselard, avocat, D. Slater, Solicitor, and A. Duron, avocate)

Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by P. Manzini, avvocato)

Operative part of the judgment

The Court:






1.


Sets aside the judgments of the General Court of the European Union of 9 December 2014, Ferriera Valsabbia and Valsabbia Investimenti v Commission (T-92/10, not published, EU:T:2014:1032), and of 9 December 2014, Alfa Acciai v Commission (T-85/10, not published, EU:T:2014:1037);










2.


Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA;










3.


Orders the European Commission to bear its own costs and to pay those incurred by Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA both at first instance and in the present appeals.






(1)  OJ C 146, 4.5.2015.
Commission Implementing Regulation (EU) 2017/1596 of 21 September 2017 on the minimum selling price for skimmed milk powder for the 12th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080
Date: 2017-09-21
Institutions: European Commission
Subjects: common organisation of markets, intervention buying, invitation to tender, minimum price, purchase price, skimmed milk powder, tendering








L_2017244EN.01000801.xml










22.9.2017   


EN


Official Journal of the European Union


L 244/8








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1596
of 21 September 2017
         
on the minimum selling price for skimmed milk powder for the 12th partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) 2016/2080


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),


Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (2), and in particular Article 32 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2016/2080 (3) has opened the sale of skimmed milk powder by a tendering procedure.












(2)


In the light of the tenders received for the 12th partial invitation to tender, a minimum selling price should not be fixed.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the 12th partial invitation to tender for the selling of skimmed milk powder within the tendering procedure opened by Implementing Regulation (EU) 2016/2080, in respect of which the period during which tenders were to be submitted ended on 19 September 2017, a minimum selling price has not been fixed.


Article 2
This Regulation shall enter into force on the day 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, 21 September 2017.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General


Directorate-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 206, 30.7.2016, p. 71.

(3)  Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure (OJ L 321, 29.11.2016, p. 45).