do-me/EUR-LEX huggingface dataset:
Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — End of the suspension of the period for adoption of implementing acts
Date: 2017-12-20
Institutions: European Commission
Subjects: Netherlands, award of contract, electrical energy, natural gas, retail trade








C_2017439EN.01001401.xml










20.12.2017   


EN


Official Journal of the European Union


C 439/14





Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU
End of the suspension of the period for adoption of implementing acts
(2017/C 439/10)
On 30 January 2017 the Commission received a request pursuant to Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1).
This request, made by Eneco BV and NV Nuon Energy, concerns retail of electricity and gas in the Netherlands. The relevant notice was published on page 6 of OJ C 85 of 18 March 2017. The initial deadline was 6 July 2017.
On 24 March 2017 the Commission asked the Dutch Authorities to provide additional information by 19 April 2017 at the latest. As announced in the notice that was published on page 24 of OJ C 212 of 1 July 2017, the final deadline was prolonged by 53 working days after the receipt of the complete and correct information. Complete and correct information was received on 25 September 2017.
The final deadline therefore expires on 12 December 2017.


(1)  OJ L 94, 28.3.2014, p. 243.
Case C-712/17: Request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia (Italy) lodged on 20 December 2017 — EN.SA. Srl v Agenzia delle Entrate — Direzione Regionale Lombardia Ufficio Contenzioso
Date: 2017-12-20
Institutions: Court of Justice
Subjects: VAT, financial transaction, invoicing, sanction (EU), tax relief, taxpayer








C_2018112EN.01001701.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/17





Request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia (Italy) lodged on 20 December 2017 — EN.SA. Srl v Agenzia delle Entrate — Direzione Regionale Lombardia Ufficio Contenzioso
(Case C-712/17)
(2018/C 112/23)
Language of the case: Italian

Referring court

Commissione Tributaria Regionale per la Lombardia

Parties to the main proceedings


Appellant: EN.SA. Srl

Respondent: Agenzia delle Entrate — Direzione Regionale Lombardia Ufficio Contenzioso

Question referred

‘In the event of transactions found to be non-existent, which did not cause harm to the Treasury and did not confer any tax benefit on the taxpayer, are national rules resulting from the application of Article 19 (Deduction) and 21(7) (Invoicing of transactions) of Decreto de Presidente della Repubblica 633/72 of 16 October 1972 and Article 6(6) of Decreto Legislativo 471 of 18 December 1997 (Breach of obligations relating to documentation, registration and detection of transactions) consistent with the Community principles on VAT laid down by the Court of Justice, when their simultaneous application bring about:






(a)


the repeated non-deductibility of tax paid on purchases by the transferee for every transaction at issue which relates to the same person and the same taxable amount;










(b)


the application of the tax on, and payment of the tax by, the transferor (and the preclusion of recovery of sums unduly paid) for the corresponding and mirror sale transactions deemed equally non-existent;










(c)


the application of a penalty equal to the amount of tax on acquisitions deemed non-deductible?’
Case T-822/17: Action brought on 20 December 2017 — Weber-Stephen Products v EUIPO (iGrill)
Date: 2017-12-20
Institutions: General Court
Subjects: EU trade mark, ceramics, clothing, computer equipment, glass, household article, measuring equipment, registered trade mark, software, trade-mark law








C_2018063EN.01001701.xml










19.2.2018   


EN


Official Journal of the European Union


C 63/17





Action brought on 20 December 2017 — Weber-Stephen Products v EUIPO (iGrill)
(Case T-822/17)
(2018/C 063/22)
Language of the case: English

Parties


Applicant: Weber-Stephen Products LLC (Palatine, Illinois, United States) (represented by: R. Niebel and A. Jauch, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU word mark ‘iGrill’ — Application for registration No 15 456 726

Contested decision: Decision of the Second Board of Appeal of EUIPO of 27 September 2017 in Case R 579/2017-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Misinterpretation of the legal requirements of articles 7(1)(b), 7(1)(c) and 7(2) of Regulation no. 2017/1001.
Case C-70/16 P: Judgment of the Court (Fourth Chamber) of 20 December 2017 — Comunidad Autónoma de Galicia, Redes de Telecomunicación Galegas Retegal SA (Retegal) v European Commission, SES Astra SA (Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States)
Date: 2017-12-20
Institutions: Court of Justice
Subjects: Galicia, Spain, State aid, broadcasting, control of State aid, financial aid, high-definition television, peripheral region, reimbursement of aid, services of general interest








C_2018072EN.01000602.xml










26.2.2018   


EN


Official Journal of the European Union


C 72/6





Judgment of the Court (Fourth Chamber) of 20 December 2017 — Comunidad Autónoma de Galicia, Redes de Telecomunicación Galegas Retegal SA (Retegal) v European Commission, SES Astra SA
(Case C-70/16 P) (1)

((Appeal - State aid - Digital television - Aid for the deployment of digital terrestrial television in remote and less urbanised areas - Subsidies granted to operators of digital terrestrial television platforms - Decision declaring the aid incompatible in part with the internal market - Concept of ‘State aid’ - Advantage - Service of general economic interest - Definition - Discretion of the Member States))
(2018/C 072/07)
Language of the case: Spanish

Parties


Appellants: Comunidad Autónoma de Galicia, Redes de Telecomunicación Galegas Retegal, SA (Retegal) (represented by: F. J. García Martínez and B. Pérez Conde, abogados)

Other parties to the proceedings: European Commission (represented by: P. Němečková, É. Gippini Fournier and B. Stromsky, acting as Agents), SES Astra (represented by F. González Díaz and V. Romero Algarra, abogados, and by F. Salerno, avocat)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 26 November 2015, Comunidad Autónoma de Galicia and Retegal v Commission (T-463/13 and T-464/13, not published, EU:T:2015:901);










2.


Annuls Commission Decision 2014/489/EU of 19 June 2013 on State aid SA.28599 (C 23/2010) (ex NN 36/2010, ex CP 163/2009) implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha);










3.


Orders the European Commission to bear the costs incurred by the Comunidad Autónoma de Galicia (Autonomous Community of Galicia, Spain) and Redes de Telecomunicación Galegas Retegal SA (Retegal) in the present appeal and at first instance;










4.


Orders SES Astra SA to bears its own costs.






(1)  OJ C 118, 4.4.2016.
Commission Implementing Regulation (EU) 2017/2404 of 20 December 2017 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Maasvallei Limburg’ (PDO)
Date: 2017-12-20
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Belgium, Limburg, Netherlands, Province of Limbourg, designation of origin, labelling, product designation, red wine, rosé wine, white wine








L_2017342EN.01000101.xml










21.12.2017   


EN


Official Journal of the European Union


L 342/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2404
of 20 December 2017
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Maasvallei Limburg’ (PDO)


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), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Maasvallei Limburg’ sent by Belgium and the Netherlands and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Maasvallei Limburg’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


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
The name ‘Maasvallei Limburg’ (PDO) is hereby protected.


Article 2
This Regulation shall enter into force on the twentieth day following that 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, 20 December 2017.


For the Commission


The President

Jean-Claude JUNCKER
            





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

(2)  
            OJ C 278, 22.8.2017, p. 4.
Euro exchange rates
Date: 2017-12-20
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017439EN.01000801.xml










20.12.2017   


EN


Official Journal of the European Union


C 439/8





Euro exchange rates (1)

19 December 2017
(2017/C 439/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1823 




JPY


Japanese yen


133,23 




DKK


Danish krone


7,4435 




GBP


Pound sterling


0,88500 




SEK


Swedish krona


9,9508 




CHF


Swiss franc


1,1643 




ISK


Iceland króna


 




NOK


Norwegian krone


9,8875 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,662 




HUF


Hungarian forint


313,10 




PLN


Polish zloty


4,1993 




RON


Romanian leu


4,6198 




TRY


Turkish lira


4,5294 




AUD


Australian dollar


1,5406 




CAD


Canadian dollar


1,5207 




HKD


Hong Kong dollar


9,2446 




NZD


New Zealand dollar


1,6866 




SGD


Singapore dollar


1,5920 




KRW


South Korean won


1 281,28 




ZAR


South African rand


15,0558 




CNY


Chinese yuan renminbi


7,8068 




HRK


Croatian kuna


7,5450 




IDR


Indonesian rupiah


16 057,76 




MYR


Malaysian ringgit


4,8250 




PHP


Philippine peso


59,409 




RUB


Russian rouble


69,3065 




THB


Thai baht


38,655 




BRL


Brazilian real


3,8862 




MXN


Mexican peso


22,5125 




INR


Indian rupee


75,7025 






(1)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) 2017/2406 of 20 December 2017 determining the quantities to be added to the quantity fixed for the subperiod 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector
Date: 2017-12-20
Institutions: European Commission
Subjects: common organisation of markets, import (EU), import licence, pigmeat, tariff quota








L_2017342EN.01000401.xml










21.12.2017   


EN


Official Journal of the European Union


L 342/4








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/2406
of 20 December 2017
         
determining the quantities to be added to the quantity fixed for the subperiod 1 April to 30 June 2018 under the tariff quotas opened by Regulation (EC) No 442/2009 in the pigmeat sector


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), and in particular Article 188(2) and (3) thereof,

Whereas:







(1)


Commission Regulation (EC) No 442/2009 (2) opened annual tariff quotas for imports of pigmeat products. The quotas listed in Part B of Annex I to that Regulation are managed using the simultaneous examination method.












(2)


The quantities covered by import licence applications lodged from 1 to 7 December 2017 for the subperiod 1 January to 31 March 2018 are smaller than those available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod.












(3)


In order to ensure the efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have not been lodged under Regulation (EC) No 442/2009, to be added to the subperiod 1 April to 30 June 2018, are set out in the Annex to this Regulation.


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, 20 December 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)  Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector (OJ L 129, 28.5.2009, p. 13).




ANNEX






Order No


Quantities not applied for, to be added to the quantities available for the subperiod 1 April to 30 June 2018
(kg)




09.4038


25 693 750 




09.4170


3 691 500
Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a Member State — Extension of the period for adoption of implementing acts
Date: 2017-12-20
Institutions: European Commission
Subjects: Czechia, electrical energy, natural gas, public contract, retail trade








C_2017439EN.01001201.xml










20.12.2017   


EN


Official Journal of the European Union


C 439/12





Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU
Request made by a Member State — Extension of the period for adoption of implementing acts
(2017/C 439/08)
On 2 November 2016 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1).
This request, from the Czech Republic, concerns certain activities in the market for retail of electricity and gas in the Czech Republic.
The relevant notice was published on page 10 of OJ C 23 on 24 January 2017. Two prolongation notices were published on page 10 of OJ C 167 on 25 May 2017 and on page 4 of OJ C 276 on 19 August 2017. A suspension notice was published on page 18 of OJ C 396 of 23 November 2017.
Pursuant to the fourth subparagraph of paragraph 1 to Annex IV of Directive 2014/25/EU, the deadline may be extended by the Commission with the agreement of those having made the request for exemption concerned. Given the request by the Applicant for additional time in order to provide additional information to substantiate the case and with the agreement of Commission, the period available to the Commission for deciding on this request is hereby extended until 31 March 2018.


(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Case T-823/17: Action brought on 20 December 2017 — Etnia Dreams v EUIPO — Poisson (Etnik)
Date: 2017-12-20
Institutions: General Court
Subjects: EU trade mark, cosmetic product, electronic commerce, market research, registered trade mark, retail trade, trade-mark law








C_2018072EN.01004001.xml










26.2.2018   


EN


Official Journal of the European Union


C 72/40





Action brought on 20 December 2017 — Etnia Dreams v EUIPO — Poisson (Etnik)
(Case T-823/17)
(2018/C 072/51)
Language in which the application was lodged: Spanish

Parties


Applicant: Etnia Dreams SL (Valencia, Spain) (represented by: P. Gago Comes, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Serge Poisson (Limal, Belgium)

Details of the proceedings before EUIPO


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

Trade mark at issue: European Union word mark ‘Etnik’ — Application for registration No 15 721 301.

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 October 2018 in Case R 880/2017-4

Form of order sought

The applicant claims that the Court should, as a consequence of the claim being upheld, give a new judgment allowing opposition No B 2 791 229 and therefore, after the appropriate legal formalities, reject the application for registration of the EU trademark No 15 721 301 ‘Etnik’ for Classes 3 and 35, under Articles 8(1)(a) and (b) of the EUTMR, as there is a likelihood of confusion with the Community trade mark No 11 017 241, the proprietor of which is Etnia Dreams SL.

Pleas in law







—


The basis of the opposition clearly falls within Article 8(1)(b) of Regulation No 207/2009;










—


The defendant should have applied the final subparagraph of Rule 17(3) and (4) of Regulation No 2868/95 and therefore should have informed the applicant of the defect in order for it to be remedied within the period of two months.










—


Infringement of Articles 41 and 42 of Regulation No 207/2009.










—


Breach of Articles 10, 41, 47 and 48(2) of the Charter of Fundamental Rights of the European Union.










—


Breach of the principles of good faith and protection of legitimate expectations.