do-me/EUR-LEX huggingface dataset:
Council Decision (EU) 2018/157 of 29 January 2018 appointing a member, proposed by the Italian Republic, of the Committee of the Regions
Date: 2018-01-29
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2018029EN.01003501.xml










1.2.2018   


EN


Official Journal of the European Union


L 29/35








            COUNCIL DECISION (EU) 2018/157
of 29 January 2018
         
appointing a member, proposed by the Italian Republic, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard o the proposal of the Italian Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 11 July 2017, by Council Decision (EU) 2017/1334 (4), Mr Augusto ROLLANDIN was replaced by Mr Pierluigi MARQUIS as a member.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Pierluigi MARQUIS,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Laurent VIERIN, Presidente della Regione Autonoma Valle d'Aosta.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 29 January 2018.


For the Council


The President

R. PORODZANOV
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

(4)  Council Decision (EU) 2017/1334 of 11 July 2017 appointing a member, proposed by the Italian Republic, of the Committee of the Regions (OJ L 185, 18.7.2017, p. 45).
Case T-47/18: Action brought on 29 January 2018 — UZ v Parliament
Date: 2018-01-29
Institutions: General Court
Subjects: administrative sanction, administrator, demotion, disciplinary proceedings, legal aid, principle of proportionality, rights of the defence, staff assessment








C_2018123EN.01002401.xml










9.4.2018   


EN


Official Journal of the European Union


C 123/24





Action brought on 29 January 2018 — UZ v Parliament
(Case T-47/18)
(2018/C 123/31)
Language of the case: French

Parties


Applicant: UZ (represented by: J.-N. Louis, lawyer)

Defendant: European Parliament

Form of order sought







—


Declare and rule,










—


that the decision of the Secretary-General of the European Parliament of 27 February 2017 to impose on him the disciplinary penalty of a reduction in grade from grade AD 13, step 3, to grade AD 12, step 3, with effect from 1 March 2017 and the setting of his promotion points acquired at grade AD 13 to zero is annulled;










—


that the decision rejecting his application for assistance is annulled;










—


that the European Parliament is ordered to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging infringement of Article 41 of the Charter of Fundamental Rights of the European Union and of Article 3 and 22 of Annex IX to the Staff Regulations of Officials of the European Union (‘the Staff Regulations’), in that the applicant was not heard by the Appointing Authority for its decision under Article 3 of Annex IX or before rejecting the applicant’s application for assistance under Article 24 of the Staff Regulations.










2.


Second plea in law, alleging infringement of Article 9, 10 and 16 of Annex IX to the Staff Regulations, in that the contested disciplinary decision infringes the principle of proportionality and imposes on the applicant an overall penalty not provided for in Annex IX of the Staff Regulations, namely a reduction in grade, the withdrawal of promotion points and the applicant’s exclusion from any managerial task.










3.


Third plea in law, alleging irregularity in the work of the Disciplinary Board, in that not only was that Board improperly seised of the matter without the applicant being heard in advance, but it also disregarded, throughout the proceedings, the rights of the defence.










4.


Fourth plea in law, alleging infringement of Article 24 of the Staff Regulations, in particular in so far as the Appointing Authority failed to hear the applicant before rejecting the applicant’s application for assistance.
Council Decision (EU, Euratom) 2018/159 of 29 January 2018 appointing two members of the Court of Auditors
Date: 2018-01-29
Institutions: Council of the European Union
Subjects: European Court of Auditors, Ireland, Sweden, appointment of members








L_2018029EN.01003701.xml










1.2.2018   


EN


Official Journal of the European Union


L 29/37








            COUNCIL DECISION (EU, Euratom) 2018/159
of 29 January 2018
         
appointing two members of the Court of Auditors


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the proposals by Ireland and the Kingdom of Sweden,


Having regard to the opinions of the European Parliament (1),

Whereas:







(1)


The terms of office of Mr Kevin CARDIFF and Mr Hans Gustaf WESSBERG as members of the Court of Auditors are due to expire on 28 February 2018.












(2)


Two new members should therefore be appointed to the Court of Auditors,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed members of the Court of Auditors for the period from 1 March 2018 to 29 February 2024:






—


Mr Tony MURPHY,










—


Ms EVA LINDSTRÖM.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 29 January 2018.


For the Council


The President

R. PORODZANOV
            





(1)  Opinions of 17 January 2018 (not yet published in the Official Journal).
Council Decision (EU) 2018/158 of 29 January 2018 appointing a member, proposed by the Republic of Finland, of the Committee of the Regions
Date: 2018-01-29
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Finland, appointment of members








L_2018029EN.01003601.xml










1.2.2018   


EN


Official Journal of the European Union


L 29/36








            COUNCIL DECISION (EU) 2018/158
of 29 January 2018
         
appointing a member, proposed by the Republic of Finland, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Finnish Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Antti LIIKKANEN,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Mr Mikkel NÄKKÄLÄJÄRVI, opiskelija, Rovaniemen kaupunginvaltuuston jäsen.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 29 January 2018.


For the Council


The President

R. PORODZANOV
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case C-51/18: Action brought on 29 January 2018 — European Commission v Republic of Austria
Date: 2018-01-29
Institutions: Court of Justice
Subjects: VAT, artist's resale right, goods and services, infringement of EU law, literary and artistic property, work of art








C_2018112EN.01002501.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/25





Action brought on 29 January 2018 — European Commission v Republic of Austria
(Case C-51/18)
(2018/C 112/32)
Language of the case: German

Parties


Applicant: European Commission (represented by: N. Gossement and B.-R. Killmann, acting as Agents)

Defendant: Republic of Austria

Form of order sought

The applicant claims that the Court should:






1.


declare that, by imposing value added tax on the royalty paid to an author of an original work of art on the basis of the resale right, the Republic of Austria has failed to fulfil its obligations under Article 2 of the VAT Directive;










2.


order the Republic of Austria to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on the following arguments:
Austria levies value added tax on the royalties paid to the author of an original artistic work upon its resale, within the framework of the resale right which was introduced in Austria in the transposition of Directive 2001/84/EC (1) of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art. In doing so, Austria has infringed Article 2 of the VAT Directive.
In the context of the resale right, there is no relationship based on an exchange of services between the author and the party which is liable to pay. The share of proceeds to be returned to the author on the basis of the resale right results from the law and is created in such a way that the seller, or whoever else takes part in the resale, is required to pay a royalty to the author, without the author having to perform any sort of service in that respect. The author’s service has already been provided in that respect before the resale, in that the author brought his original work onto the market in the first place.
The royalty from the resale right which is to be paid to the author does therefore not represent consideration for any of the services performed by the author, but rather the royalty depends entirely on the price paid in the resale, the amount of which cannot be influenced by the author. The author is entitled to the royalty without having to, or even being able to, undertake any service, either by action or by inaction. Consequently, the royalty from the resale right cannot be regarded as consideration for a supply of goods or services within the meaning of Article 2 of the VAT Directive.


(1)  Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ 2001 L 272, p. 32).
Case T-850/16: Order of the General Court of 29 January 2018 — QE v Eurojust
Date: 2018-01-29
Institutions: General Court
Subjects: abuse of power, conflict of interest, principle of proportionality, right to justice, servant (EU), termination of employment








C_2018104EN.01005402.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/54





Order of the General Court of 29 January 2018 — QE v Eurojust
(Case T-850/16) (1)

(2018/C 104/71)
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 38, 6.2.2017.
Case T-45/18: Action brought on 29 January 2018 — Novenco Building & Industry v EUIPO — Novenco Ventilator (Beijing) (NOVENCO)
Date: 2018-01-29
Institutions: General Court
Subjects: EU trade mark, drilling equipment, mining extraction, registered trade mark, trade-mark law








C_2018104EN.01005101.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/51





Action brought on 29 January 2018 — Novenco Building & Industry v EUIPO — Novenco Ventilator (Beijing) (NOVENCO)
(Case T-45/18)
(2018/C 104/65)
Language in which the application was lodged: English

Parties


Applicant: Novenco Building & Industry A/S (Næstved, Denmark) (represented by: A. Rasmussen, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Novenco Ventilator (Beijing) Co. Ltd (Beijing, China)

Details of the proceedings before EUIPO


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

Trade mark at issue: International registration designating the European Union in respect of the figurative sign ‘NOVENCO’ – International registration designating the European Union No 1 187 938

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 November 2017 in Case R 2354/2016-2

Form of order sought

The applicant claims that the Court should:






—


partly annul the contested decision, namely for the goods of class 7 as covered by IR 1187938;










—


order EUIPO to bear its own costs as well as the third party’s costs, including those incurred during the appeal and opposition proceedings.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 2017/1001.
Case T-66/18: Action brought on 29 January 2018 — Tsapakidou v Court of Justice
Date: 2018-01-29
Institutions: General Court
Subjects: Greece, competition (EU), information profession, translation








C_2018134EN.01002501.xml










16.4.2018   


EN


Official Journal of the European Union


C 134/25





Action brought on 29 January 2018 — Tsapakidou v Court of Justice
(Case T-66/18)
(2018/C 134/35)
Language of the case: English

Parties


Applicant: Argyro Tsapakidou (Berlin, Germany) (represented by: E. Kleani, lawyer)

Defendant: Court of Justice of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Court of Justice of 23 November 2017 (reference 20173939) rejecting the applicant’s tender submitted in respect of the freelance translator contract notice 2017/S 002-001564 for the Greek language;










—


order the defendant to bear the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant maintains that the contested decision breaches the general principles of EU law, according to which administrative acts must be sufficiently justified and state the principles on which they are based. It fails to meet these criteria. The applicant argues, in particular, that the justification provided by the defendant was insufficient in light of Article 4.3.1. of the tender specifications. Moreover, the information provided to the applicant did not enable her to assess the validity of the result obtained in the test translation in question. She lacked information regarding the evaluation guidelines or criteria on the basis of which the contested decision was adopted.
Council Implementing Regulation (EU) 2018/137 of 29 January 2018 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
Date: 2018-01-29
Institutions: Council of the European Union
Subjects: Tunisia, economic sanctions, international sanctions, natural person








L_2018025EN.01000101.xml










30.1.2018   


EN


Official Journal of the European Union


L 25/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2018/137
of 29 January 2018
         
implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (1), and in particular Article 12 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 4 February 2011 the Council adopted Regulation (EU) No 101/2011.












(2)


On the basis of a review of the list in Annex I to Regulation (EU) No 101/2011, the entry for one person should be amended.












(3)


Annex I to Regulation (EU) No 101/2011 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) No 101/2011 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date 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, 29 January 2018.


For the Council


The President

R. PORODZANOV
            





(1)  
            OJ L 31, 5.2.2011, p. 1.




ANNEX
The entry for the following person set out in Annex I to Regulation (EU) No 101/2011 is replaced by the entry below:









 


Name


Identifying information


Grounds




‘5.


Fahd Mohamed Sakher Ben Moncef Ben Mohamed Hfaiez MATERI


Tunisian, born in Tunis 2 December 1981, son of Naïma BOUTIBA, married to Nesrine BEN ALI, holder of NIC No 04682068


Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of Tunisian public monies by a public office-holder, complicity in the misuse of office by a public office-holder (ex-President Ben Ali) to procure an unjustified advantage for a third party and to cause a loss to the administration, exerting wrongful influence over a public office-holder ex-President Ben Ali with a view to obtaining directly or indirectly an advantage for another person, and for complicity in the offence of the receipt by a public official of public funds which he knew were not due, and used for the personal benefit of himself or members of his family.’
Case C-54/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte (Italy) lodged on 29 January 2018 — Cooperativa Animazione Valdocco S.C.S. Impresa Sociale Onlus v Consorzio Intercomunale Servizi Sociali di Pinerolo, Azienda Sanitaria Locale To3 di Collegno e Pinerolo
Date: 2018-01-29
Institutions: Court of Justice
Subjects: Italy, administrative law, award of contract, right to justice, rights of the defence, tendering








C_2018142EN.01003101.xml










23.4.2018   


EN


Official Journal of the European Union


C 142/31





Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte (Italy) lodged on 29 January 2018 — Cooperativa Animazione Valdocco S.C.S. Impresa Sociale Onlus v Consorzio Intercomunale Servizi Sociali di Pinerolo, Azienda Sanitaria Locale To3 di Collegno e Pinerolo
(Case C-54/18)
(2018/C 142/41)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings


Applicant: Cooperativa Animazione Valdocco S.C.S. Impresa Sociale Onlus

Defendants: Consorzio Intercomunale Servizi Sociali di Pinerolo, Azienda Sanitaria Locale To3 di Collegno e Pinerolo

Questions referred







1.


Do the European rules on the rights of defence, due process and effective substantive operation of the protection afforded, in particular, by Articles 6 and 13 of the ECHR, Article 47 of the Charter of Fundamental Rights of the European Union and Article 1(1) and (2) of Directive 89/665/EEC (1) preclude a provision of national law, such as Article 120(2-bis) of the Codice del Processo amministrativo (Italian Code of Administrative Procedure), which requires an operator taking part in a tendering procedure to challenge the admission of/failure to exclude another entity, within a period of 30 days of the communication of the decision to admit/exclude participants?










2.


Do the European rules on the rights of defence, due process and effective substantive operation of the protection afforded, in particular, by Articles 6 and 13 of the ECHR, Article 47 of the Charter of Fundamental Rights of the European Union and Article (1) and (2) of Directive 89/665/CEE, preclude a provision of national law, such as Article 120(2-bis) of the Codice del Processo amministrativo (Italian Code of Administrative Procedure), which prevents an economic operator from claiming, upon conclusion of the procedure, even by cross-appeal, that the decision to admit other operators is unlawful, in particular the one awarded the contract or the applicant in the main action, if they had not previously challenged the decision to admit in the manner set out in the preceding question?






(1)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33).
Case T-57/18: Action brought on 29 January 2018 — NGV v EUIPO (WEIN FÜR PROFIS)
Date: 2018-01-29
Institutions: General Court
Subjects: EU trade mark, advertising, beverage industry, catering industry, condiment, furniture industry, miscellaneous industries, packaging product, registered trade mark, trade-mark law








C_2018104EN.01005301.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/53





Action brought on 29 January 2018 — NGV v EUIPO (WEIN FÜR PROFIS)
(Case T-57/18)
(2018/C 104/68)
Language of the case: German

Parties


Applicant: NGV GmbH (Wildeshausen, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU figurative mark containing the word elements ‘WEIN FÜR PROFIS’ — Application for registration No 15 326 531

Contested decision: Decision of the First Board of Appeal of EUIPO of 6 November 2017 in Case R 502/2017-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b), (c) and (g) of Regulation 2017/1001.