do-me/EUR-LEX huggingface dataset:
Case C-680/17: Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Utrecht (Netherlands) lodged on 5 December 2017 — Sumanan Vethanayagam, Sobitha Sumanan, Kamalaranee Vethanayagam v Minister van Buitenlandse Zaken
Date: 2017-12-05
Institutions: Court of Justice
Subjects: EU visa policy, Netherlands, Switzerland, appeal, right to justice








C_2018063EN.01000901.xml










19.2.2018   


EN


Official Journal of the European Union


C 63/9





Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Utrecht (Netherlands) lodged on 5 December 2017 — Sumanan Vethanayagam, Sobitha Sumanan, Kamalaranee Vethanayagam v Minister van Buitenlandse Zaken
(Case C-680/17)
(2018/C 063/12)
Language of the case: Dutch

Referring court

Rechtbank Den Haag, zittingsplaats Utrecht

Parties to the main proceedings


Applicants: Sumanan Vethanayagam, Sobitha Sumanan, Kamalaranee Vethanayagam

Defendant: Minister van Buitenlandse Zaken

Questions referred







1.


Does Article 32(3) of the Visa Code (1) preclude a sponsor, as an interested party in connection with the visa applications of applicants, from having a right of objection and appeal in his or her own name against the refusal of those visas?










2.


Should representation, as regulated in Article 8(4) of the Visa Code, be interpreted as meaning that responsibility (also) remains with the represented State, or that responsibility is wholly transferred to the representing State, with the result that the represented State itself is no longer competent?










3.


In the event that Article 8(4)(d) of the Visa Code allows both forms of representation as referred to in Question 2, which Member State must then be regarded as the Member State that has taken the final decision as referred to in Article 32(3) of the Visa Code?










4.


Is an interpretation of Article 8(4) and Article 32(3) of the Visa Code according to which visa applicants can lodge an appeal against the rejection of their applications only with an administrative or judicial body of the representing Member State, and not in the represented Member State for which the visa application was made, consistent with effective legal protection as referred to in Article 47 of the Charter? Is it relevant to the answer to that question that the avenue of legal recourse offered should guarantee that an applicant has the right to be heard, that he has the right to bring proceedings in a language of one of the Member States, that the level of the charges or court fees for the procedures governing the lodging of objections and appeals are not disproportionate for the applicant and that there is a possibility of funded legal aid? Given the margin of discretion enjoyed by the State in matters relating to visas, is it relevant to the answer to this question whether a Swiss court has sufficient insight into the situation in the Netherlands to be able to provide effective legal protection?






(1)  Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ 2009 L 243, p. 1).
Case C-42/17: Judgment of the Court (Grand Chamber) of 5 December 2017 (request for a preliminary ruling from the Corte costituzionale — Italy) — Criminal proceedings against M.A.S., M.B. (Reference for a preliminary ruling — Article 325 TFEU — Judgment of 8 September 2015, Taricco and Others (C-105/14, EU:C:2015:555) — Criminal proceedings for infringements relating to value added tax (VAT) — National legislation laying down limitation periods liable to prevent the prosecution of infringements — Activities affecting the financial interests of the EU — Obligation to disapply any provisions of national law liable to have an adverse effect on the fulfilment of the Member States’ obligations under EU law — Principle that offences and penalties must be defined by law)
Date: 2017-12-05
Institutions: Court of Justice
Subjects: VAT, criminal proceedings, fraud against the EU, limitation of legal proceedings, tax offence








C_2018052EN.01001201.xml










12.2.2018   


EN


Official Journal of the European Union


C 52/12





Judgment of the Court (Grand Chamber) of 5 December 2017 (request for a preliminary ruling from the Corte costituzionale — Italy) — Criminal proceedings against M.A.S., M.B.
(Case C-42/17) (1)

((Reference for a preliminary ruling - Article 325 TFEU - Judgment of 8 September 2015, Taricco and Others (C-105/14, EU:C:2015:555) - Criminal proceedings for infringements relating to value added tax (VAT) - National legislation laying down limitation periods liable to prevent the prosecution of infringements - Activities affecting the financial interests of the EU - Obligation to disapply any provisions of national law liable to have an adverse effect on the fulfilment of the Member States’ obligations under EU law - Principle that offences and penalties must be defined by law))
(2018/C 052/16)
Language of the case: Italian

Referring court

Corte costituzionale

Parties to the main proceedings

M.A.S., M.B.

Intervener: Presidente del Consiglio dei Ministri

Operative part of the judgment

Article 325(1) and (2) TFEU must be interpreted as requiring the national court, in criminal proceedings for infringements relating to value added tax, to disapply national provisions on limitation, forming part of national substantive law, which prevent the application of effective and deterrent criminal penalties in a significant number of cases of serious fraud affecting the financial interests of the European Union, or which lay down shorter limitation periods for cases of serious fraud affecting those interests than for those affecting the financial interests of the Member State concerned, unless that disapplication entails a breach of the principle that offences and penalties must be defined by law because of the lack of precision of the applicable law or because of the retroactive application of legislation imposing conditions of criminal liability stricter than those in force at the time the infringement was committed.


(1)  OJ C 195, 19.6.2017.
Statement of revenue and expenditure of the Research Executive Agency for the financial year 2017 — amending budget No 1
Date: 2017-12-05
Institutions: European Commission, European Research Executive Agency
Subjects: EU expenditure, amending budget, budgetary resources, financial year, general budget (EU), publication of accounts








C_2017415EN.01001701.xml










5.12.2017   


EN


Official Journal of the European Union


C 415/17





Statement of revenue and expenditure of the Research Executive Agency for the financial year 2017 — amending budget No 1
(2017/C 415/05)

REVENUE










Title
Chapter


Heading


Budget 2017


Amending budget No 1


New amount





2




COMMISSION SUBSIDY





2 0


COMMISSION SUBSIDY


65 476 350 


1 378 044,82 


66 854 394,82 




 



Title 2 — Total




65 476 350 




1 378 044,82 




66 854 394,82 






3




SURPLUS AVAILABLE FROM THE PRECEDING FINANCIAL YEAR





3 0


SURPLUS AVAILABLE FROM THE PRECEDING FINANCIAL YEAR


—


 


—




 



Title 3 — Total




—



 



—






4




REVENUE FROM OTHER INSTITUTIONS OR BODIES OF THE EUROPEAN UNION





4 0


REVENUE ACCRUING FROM THE SUPPLY OF SERVICES AND FROM PAYMENTS CONNECTED WITH LETTINGS FOR OTHER INSTITUTIONS OR BODIES OF THE EUROPEAN UNION


—


 


—




 



Title 4 — Total




—



 



—






9




MISCELLANEOUS REVENUE





9 0


MISCELLANEOUS REVENUE


—


42 425,18 


42 425,18 




 



Title 9 — Total




—




42 425,18 




42 425,18 





 



GRAND TOTAL




65 476 350 




1 420 470 




66 896 820 






EXPENDITURE










Title
Chapter


Heading


Appropriations 2017


Amending budget No 1


New amount





1




STAFF EXPENDITURE





1 1


REMUNERATIONS, ALLOWANCES AND CHARGES


45 082 710 


490 740 


45 573 450 




1 2


PROFESSIONAL DEVELOPMENT AND SOCIAL EXPENDITURE


2 405 690 


323 945 


2 729 635 




 



Title 1 — Total




47 488 400 




814 685 




48 303 085 






2




INFRASTRUCTURE AND OPERATING EXPENDITURE





2 1


BUILDING EXPENDITURE


6 321 200 


–75 955 


6 245 245 




2 2


ICT EXPENDITURE


2 826 325 


–57 275 


2 769 050 




2 3


MOVABLE PROPERTY AND CURRENT OPERATING EXPENDITURE


567 855 


–96 570 


471 285 




 



Title 2 — Total




9 715 380 




– 229 800 




9 485 580 






3




PROGRAMME SUPPORT EXPENDITURE





3 1


PROGRAMME MANAGEMENT EXPENDITURE


1 781 350 


–94 825 


1 686 525 




3 2


COMMON SUPPORT SERVICES EXPENDITURE


6 491 220 


930 410 


7 421 630 




 



Title 3 — Total




8 272 570 




835 585 




9 108 155 





 



GRAND TOTAL




65 476 350 




1 420 470 




66 896 820
Prior notification of a concentration (Case M.8690 — TDR Capital LLP/Rossini Holding SAS) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-12-05
Institutions: European Commission
Subjects: catering industry, economic concentration, investment company, merger control








C_2017413EN.01000701.xml










5.12.2017   


EN


Official Journal of the European Union


C 413/7





Prior notification of a concentration
(Case M.8690 — TDR Capital LLP/Rossini Holding SAS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 413/07)






1.


On 27 November 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


TDR Capital LLP (United Kingdom)










—


Rossini Holding SAS (France)




TDR Capital LLP acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Rossini Holding SAS by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for TDR Capital LLP: private equity firm investing in sectors including motor fuels retail, gyms and health clubs, conveyor car washes, vacant property services, UK social housing refurbishment services, modular construction, pubs and restaurants, debt purchasing, logistic pallet return, coastal transport, life insurance and UK retirement income products.
—   for Rossini Holding SAS: operate and partly franchise a chain of restaurants under the Buffalo Grill brand.










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 the 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 this 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. Observations can be sent to the Commission by fax (+ 32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.8690 — TDR Capital LLP/Rossini Holding SAS, to the following 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-792/17: Action brought on 5 December 2017 — Man Truck & Bus v EUIPO — Halla Holdings (MANDO)
Date: 2017-12-05
Institutions: General Court
Subjects: EU trade mark, cold store, electronic device, heating, household electrical appliance, machinery, optical industry, registered trade mark, trade-mark law, vehicle parts








C_2018042EN.01003801.xml










5.2.2018   


EN


Official Journal of the European Union


C 42/38





Action brought on 5 December 2017 — Man Truck & Bus v EUIPO — Halla Holdings (MANDO)
(Case T-792/17)
(2018/C 042/53)
Language in which the application was lodged: German

Parties


Applicant: Man Truck & Bus AG (Munich, Germany) (represented by: C. Röhl, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Halla Holdings Corp. (Yongin-si, Republic of Korea)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark ‘MANDO’ — Application for registration No 11 276 301

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 September 2017 in Case R 1677/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea(s) in law







—


Infringement of 8(1) of Regulation No 207/2009.
Euro exchange rates
Date: 2017-12-05
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017413EN.01000401.xml










5.12.2017   


EN


Official Journal of the European Union


C 413/4





Euro exchange rates (1)

4 December 2017
(2017/C 413/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1865 




JPY


Japanese yen


133,91 




DKK


Danish krone


7,4418 




GBP


Pound sterling


0,87725 




SEK


Swedish krona


9,9635 




CHF


Swiss franc


1,1665 




ISK


Iceland króna


 




NOK


Norwegian krone


9,8668 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,557 




HUF


Hungarian forint


313,08 




PLN


Polish zloty


4,2026 




RON


Romanian leu


4,6215 




TRY


Turkish lira


4,6262 




AUD


Australian dollar


1,5585 




CAD


Canadian dollar


1,5034 




HKD


Hong Kong dollar


9,2721 




NZD


New Zealand dollar


1,7281 




SGD


Singapore dollar


1,5992 




KRW


South Korean won


1 287,92 




ZAR


South African rand


16,1720 




CNY


Chinese yuan renminbi


7,8532 




HRK


Croatian kuna


7,5550 




IDR


Indonesian rupiah


16 036,73 




MYR


Malaysian ringgit


4,8210 




PHP


Philippine peso


60,103 




RUB


Russian rouble


69,7763 




THB


Thai baht


38,692 




BRL


Brazilian real


3,8558 




MXN


Mexican peso


22,1016 




INR


Indian rupee


76,4090 






(1)  Source: reference exchange rate published by the ECB.
Withdrawal of notification of a concentration (Case M.8724 — The Carlyle Group/Palmer &amp; Harvey McLane (Holdings)) (Text with EEA relevance. )
Date: 2017-12-05
Institutions: European Commission
Subjects: alcohol, confectionery, distributive trades, economic concentration, foodstuff, merger control, retail selling, tobacco industry








C_2017413EN.01000301.xml










5.12.2017   


EN


Official Journal of the European Union


C 413/3





Withdrawal of notification of a concentration
(Case M.8724 — The Carlyle Group/Palmer & Harvey McLane (Holdings))
(Text with EEA relevance)
(2017/C 413/02)
(Council Regulation (EC) No 139/2004)
On 7 November 2017, the Commission received notification of a proposed concentration between The Carlyle Group and Palmer & Harvey McLane (Holdings). On 29 November 2017, the notifying party/ies informed the Commission that it/they withdrew its/their notification.
Case C-600/14: Judgment of the Court (Grand Chamber) of 5 December 2017 — Federal Republic of Germany v Council of the European Union (Action for annulment — External action of the European Union — Article 216(1) TFEU — Article 218(9) TFEU — Establishment of the position to be adopted on behalf of the European Union in a body set up by an international agreement — Revision Committee of the Intergovernmental Organisation for International Carriage by Rail (OTIF) — Amendment of the Convention concerning International Carriage by Rail (COTIF) and the Appendices thereto — Competence shared between the European Union and its Member States — External competence of the European Union in an area where the Union has not yet adopted common rules — Validity of Decision 2014/699/EU — Obligation to state reasons — Principle of sincere cooperation)
Date: 2017-12-05
Institutions: Court of Justice
Subjects: EU Member State, external competence (EU), international convention, international transport, joint body (EU), rail transport, revision of an agreement, world organisation








C_2018052EN.01000201.xml










12.2.2018   


EN


Official Journal of the European Union


C 52/2





Judgment of the Court (Grand Chamber) of 5 December 2017 — Federal Republic of Germany v Council of the European Union
(Case C-600/14) (1)

((Action for annulment - External action of the European Union - Article 216(1) TFEU - Article 218(9) TFEU - Establishment of the position to be adopted on behalf of the European Union in a body set up by an international agreement - Revision Committee of the Intergovernmental Organisation for International Carriage by Rail (OTIF) - Amendment of the Convention concerning International Carriage by Rail (COTIF) and the Appendices thereto - Competence shared between the European Union and its Member States - External competence of the European Union in an area where the Union has not yet adopted common rules - Validity of Decision 2014/699/EU - Obligation to state reasons - Principle of sincere cooperation))
(2018/C 052/02)
Language of the case: German

Parties


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

Interveners in support of the applicant: French Republic (represented initially by D. Colas, G. de Bergues and M. Hours, acting as Agents, and subsequently by D. Colas and M.-L. Kitamura, 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 QC)

Defendant: Council of the European Union (represented by: E. Finnegan, Z. Kupčová and J.-P. Hix, acting as Agents)

Intervener in support of the defendant: European Commission (represented by F. Erlbacher, W. Mölls and J. Hottiaux, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Federal Republic of Germany to pay the costs;










3.


Orders the French Republic, the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.






(1)  OJ C 73, 2.3.2015.
Case T-728/16: Judgment of the General Court of 5 December 2017 — Tuerck v Commission (Civil service — Officials — Pensions — Transfer of national pension rights — Capital appreciation between the date of the application for a transfer and the actual date of the transfer)
Date: 2017-12-05
Institutions: General Court
Subjects: European official, staff regulations (EU), transfer of pension rights








C_2018032EN.01002901.xml










29.1.2018   


EN


Official Journal of the European Union


C 32/29





Judgment of the General Court of 5 December 2017 — Tuerck v Commission
(Case T-728/16) (1)

((Civil service - Officials - Pensions - Transfer of national pension rights - Capital appreciation between the date of the application for a transfer and the actual date of the transfer))
(2018/C 032/39)
Language of the case: French

Parties


Applicant: Sabine Tuerck (Woluwe-Saint-Pierre, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: G. Gattinara and L. Radu Bouyon, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the Commission’s decision of 10 December 2015 confirming the transfer to the European Union pension scheme of the pension rights acquired by the applicant prior to her entering the service of the European Union.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Commission of 10 December 2015 confirming the transfer to the European Union pension scheme of the pension rights acquired by Ms Sabine Tuerck prior to her entering the service of the European Union;










2.


Orders the Commission to pay the costs.






(1)  OJ C 475, 19.12.2016.
Corrigendum to Call for proposals — ‘Support for information measures relating to the common agricultural policy’ (CAP) for 2018 (OJ C 339, 10.10.2017)
Date: 2017-12-05
Institutions: European Commission
Subjects: EU programme, aid to agriculture, common agricultural policy, dissemination of information, invitation to tender, public awareness campaign








C_2017413EN.01002601.xml










5.12.2017   


EN


Official Journal of the European Union


C 413/26





Corrigendum to Call for proposals — ‘Support for information measures relating to the common agricultural policy’ (CAP) for 2018
(
Official Journal of the European Union C 339 of 10 October 2017
)
(2017/C 413/12)
On page 8, Section 3, in the table, row b) ‘Deadline for submitting applications’, column ‘Date and time period’:

for:


‘15 December 2017’,


read:


‘5 January 2018’;

on page 9, Section 6, in point 6.1 ‘Eligible applicants’, subtitle ‘
Affiliated entities
’:

for:


‘(…) in section 11.2. (…)’,


read:


‘(…) in section 11.1. (…)’;

on page 13, Section 7, in point 7.2 ‘Remedial measures’:

for:


‘(…) (see section 7.4), (…)’,


read:


‘(…) (see section 7.1), (…)’.
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Repeal of public service obligations in respect of scheduled air services (Text with EEA relevance. )
Date: 2017-12-05
Institutions: European Commission
Subjects: Italy, Latium, Lombardy, Sardinia, air transport, inland transport, services of general interest, transport regulations








C_2017413EN.01000601.xml










5.12.2017   


EN


Official Journal of the European Union


C 413/6





Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Repeal of public service obligations in respect of scheduled air services
(Text with EEA relevance)
(2017/C 413/06)






Member State


Italy




Routes concerned


Alghero-Rome Fiumicino and vice versa
Alghero-Milan Linate and vice versa
Cagliari-Rome Fiumicino and vice versa
Cagliari-Milan Linate and vice versa
Olbia-Rome Fiumicino and vice versa
Olbia-Milan Linate and vice versa




Original date of entry into force of the public service obligations


27 October 2017




Date of repeal


27 October 2017




Address where the text and any information and/or documentation relating to the public service obligation can be obtained



Reference documents


OJ C 145, 9.5.2017, p. 4.

OJ C 220, 8.7.2017, p. 58.

OJ C 373, 4.11.2017, p. 4.
For further information, please contact:





Ministry of Infrastructure and Transport




Directorate-General for Airports and Air Transport




Tel. +39 0641583681/3683




Email: segreteria_dgata@pec.mit.gov.it




Website: http://www.mit.gov.it









Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Service for Maritime and Air Transport and Territorial Continuity




Tel. +39 0706067331




Fax +39 0706067309




Website: http://www.regione.sardegna.it











Email


:


trasporti@pec.regione.sardegna.it
trasporti@regione.sardegna.it
trasp.osp@regione.sardegna.it