do-me/EUR-LEX huggingface dataset:
Case T-26/16: Judgment of the General Court of 25 October 2017 — Greece v Commission (EAGF and EAFRD — Expenditure excluded from financing — Debt reporting irregularities — Delays in the recovery procedure — Failure to offset funds — Determination of the amount of interest — Proportionality — Flat-rate financial correction — Articles 31 to 33 of Regulation (EC) No 1290/2005 — Individual situations)
Date: 2017-10-25
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, debt, eligibility criteria, interest, principle of proportionality








C_2017424EN.01003001.xml










11.12.2017   


EN


Official Journal of the European Union


C 424/30





Judgment of the General Court of 25 October 2017 — Greece v Commission
(Case T-26/16) (1)

((EAGF and EAFRD - Expenditure excluded from financing - Debt reporting irregularities - Delays in the recovery procedure - Failure to offset funds - Determination of the amount of interest - Proportionality - Flat-rate financial correction - Articles 31 to 33 of Regulation (EC) No 1290/2005 - Individual situations))
(2017/C 424/42)
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: G. Kanellopoulos, O. Tsirkinidou and A. Vasilopoulou, Agents)

Defendant: European Commission (represented by: D. Triantafyllou and A. Sauka, Agents)

Re:

Action pursuant to Article 263 TFEU for annulment in part of Commission Implementing Decision (EU) 2015/2098 of 13 November 2015 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 2015 L 303, p. 35) to the extent that it concerns the Hellenic Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 111, 29.3.2016.
Case C-467/15 P: Judgment of the Court (Fourth Chamber) of 25 October 2017 — European Commission v Italian Republic (Appeal — State aid — Aid granted by the Italian Republic to milk producers — Aid scheme linked to the reimbursement of the milk levy — Conditional decision — Decision adopted by the Council of the European Union pursuant to the third subparagraph of Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 1(b) and (c) — Existing aid — New aid — Definitions — Alteration to existing aid in breach of a condition ensuring compatibility of the aid with the internal market)
Date: 2017-10-25
Institutions: Court of Justice
Subjects: State aid, aid to agriculture, control of State aid, dairy industry, milk








C_2017437EN.01000301.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/3





Judgment of the Court (Fourth Chamber) of 25 October 2017 — European Commission v Italian Republic
(Case C-467/15 P) (1)

((Appeal - State aid - Aid granted by the Italian Republic to milk producers - Aid scheme linked to the reimbursement of the milk levy - Conditional decision - Decision adopted by the Council of the European Union pursuant to the third subparagraph of Article 108(2) TFEU - Regulation (EC) No 659/1999 - Article 1(b) and (c) - Existing aid - New aid - Definitions - Alteration to existing aid in breach of a condition ensuring compatibility of the aid with the internal market))
(2017/C 437/03)
Language of the case: Italian

Parties


Appellant: European Commission (represented by: V. Di Bucci and P. Němečková, acting as Agents)

Other party to the proceedings: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by S. Fiorentino and P. Grasso, avvocati dello Stato)

Operative part of the judgment

The Court:






1.


Sets aside paragraphs 1, 2 and 4 of the operative part of the judgment of the General Court of the European Union of 24 June 2015, Italy v Commission (T-527/13, EU:T:2015:429);










2.


Dismisses the action brought by the Italian Republic before the General Court in Case T-527/13;










3.


Orders the Italian Republic to bear its own costs and to pay those of the European Commission both at first instance and on appeal.






(1)  OJ C 406, 7.12.2015.
Case C-687/15: Judgment of the Court (Grand Chamber) of 25 October 2017 — European Commission v Council of the European Union (Action for annulment — Conclusions of the Council of the European Union concerning the World Radiocommunication Conference 2015 of the International Telecommunication Union — Article 218(9) TFEU — Derogation from the prescribed legal form — No indication of the legal basis)
Date: 2017-10-25
Institutions: Court of Justice
Subjects: International Telecommunication Union, international meeting, legal basis, telecommunications








C_2017437EN.01000502.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/5





Judgment of the Court (Grand Chamber) of 25 October 2017 — European Commission v Council of the European Union
(Case C-687/15) (1)

((Action for annulment - Conclusions of the Council of the European Union concerning the World Radiocommunication Conference 2015 of the International Telecommunication Union - Article 218(9) TFEU - Derogation from the prescribed legal form - No indication of the legal basis))
(2017/C 437/07)
Language of the case: English

Parties


Applicant: European Commission (represented by: L. Nicolae and F. Erlbacher, acting as Agents)

Defendant: Council of the European Union (represented by: I. Šulce, J.-P. Hix and O. Segnana, acting as Agents)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and M. Hedvábná, acting as Agents), Federal Republic of Germany (represented by: T. Henze and K. Stranz, acting as Agents), French Republic (represented by: F. Fize, G. de Bergues, B. Fodda and D. Colas, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: C. Brodie, M. Holt and D. Robertson, acting as Agents, and by J. Holmes, Barrister)

Operative part of the judgment

The Court:






1.


Annuls the conclusions of the Council of the European Union, adopted on 26 October 2015, at its 3419th meeting in Luxembourg, on the World Radiocommunication Conference 2015 (WRC-15) of the International Telecommunication Union (ITU);










2.


Orders the Council of the European Union to pay the costs;










3.


Orders the Czech Republic, the Federal Republic of Germany, the French Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 68, 22.2.2016.
Joined Cases C-593/15 P and C-594/15 P: Judgment of the Court (Fourth Chamber) of 25 October 2017 — Slovak Republic v European Commission (Appeal — Own resources of the European Union — Decision 2007/436/EC — Financial liability of the Member States — Loss of certain import duties — Obligation to pay the European Commission the amount corresponding to the loss — Actions for annulment — Admissibility — Letter from the European Commission — Concept of ‘actionable measure’)
Date: 2017-10-25
Institutions: Court of Justice
Subjects: Member States' contribution, admissibility, financial loss, liability of the State, own resources, payment








C_2017437EN.01000302.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/3





Judgment of the Court (Fourth Chamber) of 25 October 2017 — Slovak Republic v European Commission
(Joined Cases C-593/15 P and C-594/15 P) (1)

((Appeal - Own resources of the European Union - Decision 2007/436/EC - Financial liability of the Member States - Loss of certain import duties - Obligation to pay the European Commission the amount corresponding to the loss - Actions for annulment - Admissibility - Letter from the European Commission - Concept of ‘actionable measure’))
(2017/C 437/04)
Language of the case: Slovak

Parties


Appellant: Slovak Republic (represented by: B. Ricziová, acting as Agent)

Other party to the proceedings: European Commission (represented by: A. Caeiros, A. Tokár, G.-D. Balan and Z. Malůšková, acting as Agents)

Interveners in support of the applicant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents), Federal Republic of Germany (represented by: T. Henze and K. Stranz, acting as Agents), Romania (represented by: R.-H. Radu, M. Chicu and A. Wellman, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeals;










2.


Orders the Slovak Republic to bear its own costs and pay those incurred by the European Commission;










3.


Orders the Czech Republic, the Federal Republic of Germany and Romania to bear their own costs.






(1)  OJ C 27, 25.1.2016.
Case T-551/16: Judgment of the General Court of 25 October 2017 — Lucaccioni v Commission (Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm)
Date: 2017-10-25
Institutions: General Court
Subjects: European official, asbestos, damages, indemnification, insurance indemnity, occupational disease, personal accident insurance, staff regulations (EU)








C_2017424EN.01003201.xml










11.12.2017   


EN


Official Journal of the European Union


C 424/32





Judgment of the General Court of 25 October 2017 — Lucaccioni v Commission
(Case T-551/16) (1)

((Civil Service - Officials - Exposure to asbestos and other substances - Industrial disease - Article 73 of the Staff Regulations - Common rules on the insurance against the risk of accident and of occupational disease - Article 14 - Article 266 TFEU - Misuse of power - Medical Committee - Collegiate principle - Breach of the Medical Committee’s mandate - Obligation to state reasons - Action for compensation - Length of the proceedings - Non-pecuniary harm))
(2017/C 424/46)
Language of the case: Italian

Parties


Applicant: Arnaldo Lucaccioni (San Benedetto del Tronto, Italy) (represented initially by: M Velardo, and subsequently by: L. Gialluca, lawyers)

Defendant: European Commission (represented by: T. Bohr and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Action brought on the basis of Article 270 TFEU seeking, firstly, the annulment of the Commission’s decision of 26 June 2014 to grant the applicant only an increase of 20 % of the allowance referred to in Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease following the applicant’s request of 7 June 2000 and, secondly, compensation for the non-pecuniary harm which the applicant has allegedly suffered.

Operative part of the judgment

The Court:






1.


Annuls the European Commission’s decision of 26 June 2014, granting Mr Arnaldo Lucaccioni an increase of 20 % of the allowance under Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease;










2.


Orders the Commission to pay Mr Lucaccioni compensation of EUR 5 000 in respect of the non-pecuniary harm caused;










3.


Dismisses the remainder of the action;










4.


Orders the Commission to pay the costs.






(1)  OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal under number F-74/15 and transferred to the General Court of the European Union on 1.9.2016).
Case T-511/14: Order of the General Court of 25 October 2017 — Novartis Europharm v Commission (Medicinal products for human use — Marketing authorisation for the medicinal product Zoledronic acid Teva Generics — Zoledronic acid — Period of protection of the medicinal product Aclasta containing the active substance zoledronic acid — Withdrawal of the contested measure — No need to adjudicate)
Date: 2017-10-25
Institutions: General Court
Subjects: acid, drug surveillance, market approval, pharmaceutical product








C_2018005EN.01004201.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/42





Order of the General Court of 25 October 2017 — Novartis Europharm v Commission
(Case T-511/14) (1)

((Medicinal products for human use - Marketing authorisation for the medicinal product Zoledronic acid Teva Generics - Zoledronic acid - Period of protection of the medicinal product Aclasta containing the active substance zoledronic acid - Withdrawal of the contested measure - No need to adjudicate))
(2018/C 005/56)
Language of the case: English

Parties


Applicant: Novartis Europharm Ltd (Camberley, United Kingdom) (represented by: C. Schoonderbeek, lawyer)

Defendant: European Commission (represented by: A. Sipos and M. Wilderspin, Agents)

Re:

Action brought under Article 263 TFEU seeking annulment of Commission Implementing Decision C(2014) 2155 final of 27 March 2014 granting a marketing authorisation to Teva Generics BV for the medicinal product for human use Zoledronic acid Teva Generics — Zoledronic Acid under Article 3 of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1).

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


There is no longer any need to adjudicate on Teva BV’s application for leave to intervene.










3.


Each party shall bear its own costs.






(1)  OJ C 388, 3.11.2014.
Case C-418/17: Order of the President of the Court of 25 October 2017 (request for a preliminary ruling from the Amtsgericht Nürnberg — Germany) — Andreas Fabri, Elisabeth Mathes v Sun Express Deutschland GmbH
Date: 2017-10-25
Institutions: Court of Justice
Subjects: air transport, carrier, consumer protection, indemnification, reservation, traveller








C_2018013EN.01001104.xml










15.1.2018   


EN


Official Journal of the European Union


C 13/11





Order of the President of the Court of 25 October 2017 (request for a preliminary ruling from the Amtsgericht Nürnberg — Germany) — Andreas Fabri, Elisabeth Mathes v Sun Express Deutschland GmbH
(Case C-418/17) (1)

(2018/C 013/19)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 347, 16.10.2017.
Euro exchange rates
Date: 2017-10-25
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017361EN.01003001.xml










25.10.2017   


EN


Official Journal of the European Union


C 361/30





Euro exchange rates (1)

24 October 2017
(2017/C 361/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1761 




JPY


Japanese yen


133,95 




DKK


Danish krone


7,4433 




GBP


Pound sterling


0,89303 




SEK


Swedish krona


9,6475 




CHF


Swiss franc


1,1613 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3883 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,583 




HUF


Hungarian forint


308,53 




PLN


Polish zloty


4,2403 




RON


Romanian leu


4,6013 




TRY


Turkish lira


4,3751 




AUD


Australian dollar


1,5117 




CAD


Canadian dollar


1,4875 




HKD


Hong Kong dollar


9,1803 




NZD


New Zealand dollar


1,7008 




SGD


Singapore dollar


1,6023 




KRW


South Korean won


1 327,81 




ZAR


South African rand


16,1396 




CNY


Chinese yuan renminbi


7,8022 




HRK


Croatian kuna


7,5130 




IDR


Indonesian rupiah


15 937,33 




MYR


Malaysian ringgit


4,9849 




PHP


Philippine peso


60,801 




RUB


Russian rouble


67,6090 




THB


Thai baht


39,035 




BRL


Brazilian real


3,8022 




MXN


Mexican peso


22,4841 




INR


Indian rupee


76,5790 






(1)  Source: reference exchange rate published by the ECB.
Adoption of Commission Decision on the notification by the Czech Republic of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions
Date: 2017-10-25
Institutions: Directorate-General for Environment, European Commission
Subjects: Czechia, EU environmental policy, action programme, air quality, industrial pollution, prevention of pollution, waste incineration








C_2017361EN.01003101.xml










25.10.2017   


EN


Official Journal of the European Union


C 361/31





Adoption of Commission Decision on the notification by the Czech Republic of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU on industrial emissions
(2017/C 361/03)
On 20 October 2017, the Commission adopted Commission Decision C(2017) 6985 on the notification by the Czech Republic of a modified transitional national plan referred to in Article 32(6) of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (1).
This document is available on the following internet site: https://circabc.europa.eu/w/browse/36205e98-8e7a-47d7-808d-931bc5baf6ee


(1)  OJ L 334, 17.12.2010, p. 17.
Case T-97/17: Order of the General Court of 25 October 2017 — Franmax v EUIPO — R. Seelig & Hille (her-bea)
Date: 2017-10-25
Institutions: General Court
Subjects: EU trade mark, non-alcoholic beverage, registered trade mark, tea, trade-mark law








C_2017437EN.01004202.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/42





Order of the General Court of 25 October 2017 — Franmax v EUIPO — R. Seelig & Hille (her-bea)
(Case T-97/17) (1)

(2017/C 437/50)
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 112, 10.4.2017.
Case C-106/16: Judgment of the Court (Grand Chamber) of 25 October 2017 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Proceedings brought by POLBUD — WYKONAWSTWO sp. z o.o., in liquidation (Reference for a preliminary ruling — Freedom of establishment — Cross-border conversion of a company — Transfer of its registered office without transfer of its real head office — Refusal to remove it from the commercial register — National legislation whereby removal from commercial register is dependent on the winding up of a company after a liquidation procedure — Scope of freedom of establishment — Restriction on freedom of establishment — Protection of the interests of creditors, minority shareholders and employees — Prevention of abusive practices)
Date: 2017-10-25
Institutions: Court of Justice
Subjects: EU Member State, establishment, liquidation, registration of a company, right of establishment, transfer of businesses








C_2017437EN.01000702.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/7





Judgment of the Court (Grand Chamber) of 25 October 2017 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Proceedings brought by POLBUD — WYKONAWSTWO sp. z o.o., in liquidation
(Case C-106/16) (1)

((Reference for a preliminary ruling - Freedom of establishment - Cross-border conversion of a company - Transfer of its registered office without transfer of its real head office - Refusal to remove it from the commercial register - National legislation whereby removal from commercial register is dependent on the winding up of a company after a liquidation procedure - Scope of freedom of establishment - Restriction on freedom of establishment - Protection of the interests of creditors, minority shareholders and employees - Prevention of abusive practices))
(2017/C 437/10)
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

POLBUD — WYKONAWSTWO sp. z o.o., in liquidation

Operative part of the judgment







1.


Articles 49 and 54 TFEU must be interpreted as meaning that freedom of establishment is applicable to the transfer of the registered office of a company formed in accordance with the law of one Member State to the territory of another Member State, for the purposes of its conversion, in accordance with the conditions imposed by the legislation of the other Member State, into a company incorporated under the law of the latter Member State, when there is no change in the location of the real head office of that company.










2.


Articles 49 and 54 TFEU must be interpreted as precluding legislation of a Member State which provides that the transfer of the registered office of a company incorporated under the law of one Member State to the territory of another Member State, for the purposes of its conversion into a company incorporated under the law of the latter Member State, in accordance with the conditions imposed by the legislation of that Member State, is subject to the liquidation of the first company.






(1)  OJ C 211, 13.6.2016.
Case C-599/15 P: Judgment of the Court (Fourth Chamber) of 25 October 2017 — Romania v European Commission (Appeal — Own resources of the European Union — Decision 2007/436/EC — Financial liability of the Member States — Loss of certain import duties — Obligation to pay the European Commission the amount corresponding to the loss — Actions for annulment — Admissibility — Letter from the European Commission — Concept of ‘actionable measure’)
Date: 2017-10-25
Institutions: Court of Justice
Subjects: Member States' contribution, admissibility, financial loss, liability of the State, own resources, payment








C_2017437EN.01000401.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/4





Judgment of the Court (Fourth Chamber) of 25 October 2017 — Romania v European Commission
(Case C-599/15 P) (1)

((Appeal - Own resources of the European Union - Decision 2007/436/EC - Financial liability of the Member States - Loss of certain import duties - Obligation to pay the European Commission the amount corresponding to the loss - Actions for annulment - Admissibility - Letter from the European Commission - Concept of ‘actionable measure’))
(2017/C 437/05)
Language of the case: Romanian

Parties


Appellant: Romania (represented by: R.-H. Radu, M. Chicu and A. Wellman, acting as Agents)

Other party to the proceedings: European Commission (represented by: G.-D. Balan, A. Caeiros and A. Tokár and by Z. Malůšková, acting as Agents)

Interveners in support of the applicant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents), Federal Republic of Germany (represented by: T. Henze and K. Stranz, acting as Agents), Slovak Republic (represented by: B. Ricziová, acting as Agent)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Romania to bear its own costs and pay those incurred by the European Commission;










3.


Orders the Czech Republic, the Federal Republic of Germany and the Slovak Republic to bear their own costs.






(1)  OJ C 38, 1.2.2016.