do-me/EUR-LEX huggingface dataset:
Case C-583/17: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 4 October 2017 — Staatssecretaris van Veiligheid en Justitie v R.
Date: 2017-10-04
Institutions: Court of Justice
Subjects: EU Member State, EU migration policy, foreign national, jurisdiction, right of asylum, stateless person








C_2017424EN.01002501.xml










11.12.2017   


EN


Official Journal of the European Union


C 424/25





Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 4 October 2017 — Staatssecretaris van Veiligheid en Justitie v R.
(Case C-583/17)
(2017/C 424/36)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Staatssecretaris van Veiligheid en Justitie

Defendant: R.

Questions referred









1.


Must Regulation (EU) No 604/2013 (1) of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person … be interpreted as meaning that only the Member State in which the application for international protection was first lodged can determine the Member State responsible, with the result that a foreign national has a legal remedy only in that Member State, under Article 27 of the Dublin Regulation, against the incorrect application of one of the criteria for determining responsibility set out in Chapter III of that Regulation, including Article 9?












2.


In answering Question 1, to what extent is it significant that, in the Member State in which the application for international protection was first lodged, a decision on that application had already been made or, alternatively, that the foreign national had withdrawn that application prematurely?






(1)  OJ 2013 L 180, p. 31; ‘the Dublin Regulation’.
European Parliament legislative resolution of 4 October 2017 on the draft Council decision on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (10161/2017 — C8-0224/2017 — 2017/0808(CNS))
Date: 2017-10-04
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Bulgaria, EU visa policy, Romania, Schengen Agreement, border control, disclosure of information, exchange of information, external border of the EU, information system








C_2018346EN.01023901.xml










27.9.2018   


EN


Official Journal of the European Union


C 346/239






P8_TA(2017)0369
Schengen acquis provisions relating to the Visa Information System in Bulgaria and Romania *
European Parliament legislative resolution of 4 October 2017 on the draft Council decision on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (10161/2017 — C8-0224/2017 — 2017/0808(CNS))
(Consultation)
(2018/C 346/33)

The European Parliament,






—


having regard to the Council draft (10161/2017),










—


having regard to Article 4(2) of the Act of Accession of the Republic of Bulgaria and Romania, pursuant to which the Council consulted Parliament (C8-0224/2017),










—


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 (A8-0286/2017),












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.
Case C-273/16: Judgment of the Court (First Chamber) of 4 October 2017 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Agenzia delle Entrate v Federal Express Europe Inc. (Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Exemption from VAT — Article 86(1)(b) and Article 144 — Relief from import duties for goods of negligible value or of a non-commercial character — Exemption of the supply of services relating to the importation of goods — National legislation levying VAT on the transport costs of documents and goods of negligible value despite their being ancillary to non-taxable goods)
Date: 2017-10-04
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, carriage of goods, customs duties, exemption from customs duties, import (EU), tax exemption








C_2017402EN.01000601.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/6





Judgment of the Court (First Chamber) of 4 October 2017 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Agenzia delle Entrate v Federal Express Europe Inc.
(Case C-273/16) (1)

((Reference for a preliminary ruling - Value added tax (VAT) - Sixth Directive 77/388/EEC - Directive 2006/112/EC - Exemption from VAT - Article 86(1)(b) and Article 144 - Relief from import duties for goods of negligible value or of a non-commercial character - Exemption of the supply of services relating to the importation of goods - National legislation levying VAT on the transport costs of documents and goods of negligible value despite their being ancillary to non-taxable goods))
(2017/C 402/06)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicant: Agenzia delle Entrate

Defendant: Federal Express Europe Inc.

Operative part of the judgment

Article 144 in conjunction with Article 86(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as precluding national legislation such as that at issue in the main proceedings which requires, for the application of an exemption from value added tax for ancillary services, including transport services, not only that their value is included in the taxable amount, but also that value added tax has in fact been charged on those services at the customs stage at the time of importation.


(1)  OJ C 343, 19.9.2016.
Case T-126/16: Judgment of the General Court of 4 October 2017 — 1. FC Köln v EUIPO (SPÜRBAR ANDERS.) (EU trade mark — Application for the EU word mark SPÜRBAR ANDERS. — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001))
Date: 2017-10-04
Institutions: General Court
Subjects: EU trade mark, clothing, paper, physical education, registered trade mark, trade-mark law








C_2017392EN.01002101.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/21





Judgment of the General Court of 4 October 2017 — 1. FC Köln v EUIPO (SPÜRBAR ANDERS.)
(Case T-126/16) (1)

((EU trade mark - Application for the EU word mark SPÜRBAR ANDERS. - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001)))
(2017/C 392/25)
Language of the case: German

Parties


Applicant: 1. FC Köln GmbH & Co. KGaA (Cologne, Germany) (represented by: G. Hasselblatt, V. Töbelmann and S. Stier, lawyers)

Defendant: European Union Intellectual Property Office (represented by: W. Schramek and D. Hanf, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 7 January 2016 (Case R 718/2015-1), concerning an application for registration of the word sign SPÜRBAR ANDERS. as an EU trade mark.

Operative part of the judgment

The Court:






1.


The action is dismissed;










2.


1. FC Köln GmbH & Co. KGaA is ordered to pay the costs.






(1)  OJ C 165, 10.5.2016.
Prior notification of a concentration (Case M.8650 — LGP/CPA) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-10-04
Institutions: European Commission
Subjects: economic concentration, investment company, legal aid, merger control, patent law, provision of services








C_2017332EN.01000301.xml










4.10.2017   


EN


Official Journal of the European Union


C 332/3





Prior notification of a concentration
(Case M.8650 — LGP/CPA)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 332/03)






1.


On 27 September 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which a number of entities managed and controlled by Leonard Green & Partner, L.P. (‘LGP’, United States) acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of CPA Global Group (‘CPA’, United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


LGP is a private equity investment firm. LGP primarily focuses on companies providing services, including consumer, business, and healthcare services, as well as retail.










—


CPA is active in the legal support services sector, more specifically in patent renewal and related services. As its core offering, CPA manages and undertakes on behalf of its clients the regular renewal of patents in relevant jurisdictions.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.8650 — LGP/CPA
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: COMP-MERGER-REGISTRY@ec.europa.eu




Fax: +32 22964301




Postal address:




European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-697/17: Action brought on 4 October 2017 — De Longhi Benelux v EUIPO (COOKING CHEF GOURMET)
Date: 2017-10-04
Institutions: General Court
Subjects: EU trade mark, household electrical appliance, prepared foodstuff, registered trade mark, trade-mark law








C_2018005EN.01004701.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/47





Action brought on 4 October 2017 — De Longhi Benelux v EUIPO (COOKING CHEF GOURMET)
(Case T-697/17)
(2018/C 005/64)
Language of the case: English

Parties


Applicant: De Longhi Benelux SA (Luxembourg, Luxembourg) (represented by: M. Arnott, A. Nicholls, solicitors and G. Hollingworth, barrister)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU word mark ‘COOKING CHEF GOURMET’ — Application for registration No 15 549 637

Contested decision: Decision of the First Board of Appeal of EUIPO of 24 July 2017 in Case R 231/2017-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


the Office shall bear its own costs of the proceedings before the Office and General Court and pay those of the Applicant.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation No 207/2009.
Corrigendum to Commission Implementing Decision 2017/C 284/07 of 28 August 2017 on the publication in the Official Journal of the European Union of a request for amendment of a specification for a name in the wine sector referred to in Article 105 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (Pla I Llevant (PDO)) (OJ C 284, 29.8.2017)
Date: 2017-10-04
Institutions: European Commission, Secretariat-General
Subjects: Balearic Islands, Spain, designation of origin, fortified wine, labelling, product designation, red wine, rosé wine, sparkling wine, white wine








C_2017332EN.01000701.xml










4.10.2017   


EN


Official Journal of the European Union


C 332/7





Corrigendum to Commission Implementing Decision 2017/C 284/07 of 28 August 2017 on the publication in the Official Journal of the European Union of a request for amendment of a specification for a name in the wine sector referred to in Article 105 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (Pla I Llevant (PDO))
(
Official Journal of the European Union C 284 of 29 August 2017
)
(2017/C 332/06)
On page 9, point 5(b), ‘Maximum yields’:

for:


‘11 000 hectolitres per hectare’,


read:


‘11 000 kilograms per hectare’.
European Parliament legislative resolution of 4 October 2017 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Greece (10476/2017 — C8-0230/2017 — 2017/0809(CNS))
Date: 2017-10-04
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Greece, biometrics, cross-frontier data flow, data protection, exchange of information, information system, personal data








C_2018346EN.01024201.xml










27.9.2018   


EN


Official Journal of the European Union


C 346/242






P8_TA(2017)0372
Automated data exchange with regard to dactyloscopic data in Greece *
European Parliament legislative resolution of 4 October 2017 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Greece (10476/2017 — C8-0230/2017 — 2017/0809(CNS))
(Consultation)
(2018/C 346/36)

The European Parliament,






—


having regard to the Council draft (10476/2017),










—


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 (C8-0230/2017),










—


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 (A8-0287/2017),












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.
Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 October 2017 — Euro exchange rates
Date: 2017-10-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2017332EN.01000201.xml










4.10.2017   


EN


Official Journal of the European Union


C 332/2





Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 October 2017
Euro exchange rates (2)

3 October 2017
(2017/C 332/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1753 




JPY


Japanese yen


132,77 




DKK


Danish krone


7,4424 




GBP


Pound sterling


0,88793 




SEK


Swedish krona


9,5675 




CHF


Swiss franc


1,1449 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3885 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,932 




HUF


Hungarian forint


312,05 




PLN


Polish zloty


4,3102 




RON


Romanian leu


4,5910 




TRY


Turkish lira


4,2117 




AUD


Australian dollar


1,5039 




CAD


Canadian dollar


1,4692 




HKD


Hong Kong dollar


9,1809 




NZD


New Zealand dollar


1,6374 




SGD


Singapore dollar


1,6016 




KRW


South Korean won


1 344,94 




ZAR


South African rand


16,1203 




CNY


Chinese yuan renminbi


7,8073 




HRK


Croatian kuna


7,4975 




IDR


Indonesian rupiah


15 916,50 




MYR


Malaysian ringgit


4,9766 




PHP


Philippine peso


60,117 




RUB


Russian rouble


68,1636 




THB


Thai baht


39,279 




BRL


Brazilian real


3,7093 




MXN


Mexican peso


21,4688 




INR


Indian rupee


76,9870 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case T-143/16: Judgment of the General Court of 4 October 2017 — Intesa Sanpaolo v EUIPO — Intesia Group Holding (INTESA) (EU trade mark — Revocation proceedings — EU word mark INTESA — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 — No genuine use of the trade mark)
Date: 2017-10-04
Institutions: General Court
Subjects: EU trade mark, computer equipment, office supplies, registered trade mark, software, trade-mark law








C_2017392EN.01002201.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/22





Judgment of the General Court of 4 October 2017 — Intesa Sanpaolo v EUIPO — Intesia Group Holding (INTESA)
(Case T-143/16) (1)

((EU trade mark - Revocation proceedings - EU word mark INTESA - Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 - No genuine use of the trade mark))
(2017/C 392/27)
Language of the case: English

Parties


Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi and G. Ghisletti, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Intesia Group Holding GmbH (Böblingen, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 21 January 2016 (Case R 632/2015-1), relating to revocation proceedings between Intesa Sanpaolo and Intesia Group Holding.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Intesa Sanpaolo SpA to bear its own costs and to pay those incurred in the present proceedings by the European Union Intellectual Property Office (EUIPO) and by Intesia Group Holding GmbH.






(1)  OJ C 191, 30.5.2016.
European Parliament legislative resolution of 4 October 2017 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation (11342/2016 — C8-0458/2016 — 2016/0217(NLE))
Date: 2017-10-04
Institutions: Committee on Development, Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Caribbean Islands, Latin America, Rio Group, agreement (EU), foundation, international organisation, ratification of an agreement








C_2018346EN.01023801.xml










27.9.2018   


EN


Official Journal of the European Union


C 346/238






P8_TA(2017)0368
Agreement establishing the EU-LAC International Foundation ***
European Parliament legislative resolution of 4 October 2017 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement establishing the EU-LAC International Foundation (11342/2016 — C8-0458/2016 — 2016/0217(NLE))
(Consent)
(2018/C 346/32)

The European Parliament,






—


having regard to the draft Council decision (11342/2016),










—


having regard to the draft Agreement establishing the EU-LAC International Foundation (11356/2016),










—


having regard to the request for consent submitted by the Council in accordance with Article 209(2), Article 212(1), Article 218(6), second subparagraph, point (a), and Article 218(8), second subparagraph, of the Treaty on the Functioning of the European Union (C8-0458/2016),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs (A8-0279/2017),












1.


Gives its consent to the conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the member countries of the Community of Latin American and Caribbean States (CELAC).
Case C-164/16: Judgment of the Court (First Chamber) of 4 October 2017 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — Commissioners for Her Majesty’s Revenue & Customs v Mercedes-Benz Financial Services UK Ltd (Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 14(2)(b) — Supply of goods — Motor vehicles — Finance lease with an option to purchase)
Date: 2017-10-04
Institutions: Court of Justice
Subjects: VAT, hire purchase, motor vehicle, ownership, supply








C_2017402EN.01000501.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/5





Judgment of the Court (First Chamber) of 4 October 2017 (request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) — United Kingdom) — Commissioners for Her Majesty’s Revenue & Customs v Mercedes-Benz Financial Services UK Ltd
(Case C-164/16) (1)

((Reference for a preliminary ruling - Value added tax (VAT) - Directive 2006/112/EC - Article 14(2)(b) - Supply of goods - Motor vehicles - Finance lease with an option to purchase))
(2017/C 402/05)
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Applicant: Commissioners for Her Majesty’s Revenue & Customs

Defendant: Mercedes-Benz Financial Services UK Ltd

Operative part of the judgment

The words ‘contract for hire which provides that in the normal course of events ownership is to pass at the latest upon payment of the final instalment’, used in Article 14(2)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, must be interpreted as applying to a leasing contract with an option to purchase if it can be inferred from the financial terms of the contract that exercising the option appears to be the only economically rational choice that the lessee will be able to make at the appropriate time if the contract is performed for its full term, which it is for the national court to ascertain.


(1)  OJ C 191, 30.5.2016.