do-me/EUR-LEX huggingface dataset:
Case C-380/16: Judgment of the Court (Sixth Chamber) of 8 February 2018 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 73 — Taxable amount — Articles 306 to 310 — Special scheme for travel agents — Exclusion from that scheme of sales to taxable undertakings — Overall determination of the taxable amount for a given period — Incompatibility)
Date: 2018-02-08
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, flat-rate tax, taxpayer, travel agency








C_2018123EN.01000302.xml










9.4.2018   


EN


Official Journal of the European Union


C 123/3





Judgment of the Court (Sixth Chamber) of 8 February 2018 — European Commission v Federal Republic of Germany
(Case C-380/16) (1)

((Failure of a Member State to fulfil obligations - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Article 73 - Taxable amount - Articles 306 to 310 - Special scheme for travel agents - Exclusion from that scheme of sales to taxable undertakings - Overall determination of the taxable amount for a given period - Incompatibility))
(2018/C 123/04)
Language of the case: German

Parties


Applicant: European Commission (represented by: M. Owsiany-Hornung and M. Wasmeier, acting as Agents)

Defendant: Federal Republic of Germany (represented by: T. Henze and R. Kanitz, acting as Agents)

Intervener in support of the defendant: Kingdom of the Netherlands (represented by: M.K. Bulterman, C.S. Schillemans and B. Koopman, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by excluding from the special value-added-tax scheme applicable to travel agents travel services provided to taxable persons who use those services for their business, and by authorising travel agents, in so far as they are subject to that scheme, to determine the taxable amount for value added tax on an overall basis for groups of services or for all services provided during a tax year, the Federal Republic of Germany has failed to fulfil its obligations under Article 73 and Articles 306 to 310 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;










2.


Orders the Federal Republic of Germany to pay the costs.






(1)  OJ C 314, 29.8.2016.
European Parliament resolution of 8 February 2018 on time change arrangements (2017/2968(RSP))
Date: 2018-02-08
Institutions: European Parliament
Subjects: EU policy, European integration, public health, scientific report, summertime








C_2018463EN.01006701.xml










21.12.2018   


EN


Official Journal of the European Union


C 463/67






P8_TA(2018)0043
Time change arrangements
European Parliament resolution of 8 February 2018 on time change arrangements (2017/2968(RSP))
(2018/C 463/12)

The European Parliament,






—


having regard to Article 114 of the Treaty on the Functioning of the European Union,










—


having regard to Directive 2000/84/EC of the European Parliament and of the Council of 19 January 2001 on summer-time arrangements (1),










—


having regard to the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on better law-making (2),










—


having regard to Rule 123(2) of its Rules of Procedure,










A.


whereas according to the Interinstitutional Agreement on better law-making, the evaluation of existing legislation should provide a basis for impact assessments as regards options for future action;










B.


whereas numerous scientific studies, including the European Parliamentary Research Service study of October 2017 on EU summer-time arrangements under Directive 2000/84/EC, have failed to come to a conclusive outcome, but have instead indicated the existence of negative effects on human health;










C.


whereas a number of citizens’ initiatives have highlighted citizens’ concerns about the biannual clock change;










D.


whereas Parliament has raised this issue before, for example in Oral Question O-000111/2015 — B8-0768/2015 to the Commission of 25 September 2015;










E.


whereas it is crucial to maintain a unified EU time regime even after the end of biannual time changes;












1.


Calls on the Commission to conduct a thorough assessment of Directive 2000/84/EC and, if necessary, come up with a proposal for its revision;












2.


Instructs its President to forward this resolution to the Commission, the Council, and the governments and parliaments of the Member States.






(1)  OJ L 31, 2.2.2001, p. 21.

(2)  OJ L 123, 12.5.2016, p. 1.
Case T-879/16: Judgment of the General Court of 8 February 2018 — Sony Interactive Entertainment Europe v EUIPO — Marpefa (Vieta) (EU trade mark — Revocation proceedings — EU figurative mark Vieta — Genuine use of the trade mark — Decision taken following the annulment by the General Court of an earlier decision — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Res judicata)
Date: 2018-02-08
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, registered trade mark, trade-mark law








C_2018112EN.01003001.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/30





Judgment of the General Court of 8 February 2018 — Sony Interactive Entertainment Europe v EUIPO — Marpefa (Vieta)
(Case T-879/16) (1)

((EU trade mark - Revocation proceedings - EU figurative mark Vieta - Genuine use of the trade mark - Decision taken following the annulment by the General Court of an earlier decision - Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) - Res judicata))
(2018/C 112/38)
Language of the case: English

Parties


Applicant: Sony Interactive Entertainment Europe Ltd (London, United Kingdom) (represented by: S. Malynicz, QC)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Marpefa, SL (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 October 2016 (Case R 1010/2016-4), relating to revocation proceedings between Sony Computer Entertainment Europe Ltd and Marpefa.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 October 2016 (Case R 1010/2016-4), relating to revocation proceedings between Sony Computer Entertainment Europe Ltd and Marpefa, SL;










2.


Orders EUIPO to pay the costs.






(1)  OJ C 53, 20.2.2017.
Case C-90/18: Request for a preliminary ruling from the Visoki upravni sud (Croatia) lodged on 8 February 2018 — Hrvatska banka za obnovu i razvitak (HBOR) v Povjerenik za informiranje Republike Hrvatske
Date: 2018-02-08
Institutions: Court of Justice
Subjects: access to EU information, confidentiality, provision of documents, public financing








C_2018134EN.01001602.xml










16.4.2018   


EN


Official Journal of the European Union


C 134/16





Request for a preliminary ruling from the Visoki upravni sud (Croatia) lodged on 8 February 2018 — Hrvatska banka za obnovu i razvitak (HBOR) v Povjerenik za informiranje Republike Hrvatske
(Case C-90/18)
(2018/C 134/22)
Language of the case: Croatian

Referring court

Visoki upravni sud

Parties to the main proceedings


Applicant: Hrvatska banka za obnovu i razvitak (HBOR)

Defendant: Povjerenik za informiranje Republike Hrvatske

Question referred

Must the provisions of the second subparagraph of Article 15(3) TFEU and Articles 4(1) and (2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43) be interpreted as precluding national legislation providing that access to information regarding the use of public funds must always be permitted, without exceptions, even when access to that information is restricted on account of its constituting a trade (banking) secret?
Case C-590/16: Judgment of the Court (Sixth Chamber) of 8 February 2018 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2008/118/EC — Article 7 — General arrangements for excise duty — Supply of petroleum products, without charging excise duty — Filling stations at the border of the Hellenic Republic with third countries — Chargeability of excise duty — Concept of ‘release for consumption’ of excise goods — Concept of ‘departure from a duty suspension arrangement’)
Date: 2018-02-08
Institutions: Court of Justice
Subjects: excise duty, external border of the EU, petroleum product, supply, tax exemption, third country








C_2018123EN.01000401.xml










9.4.2018   


EN


Official Journal of the European Union


C 123/4





Judgment of the Court (Sixth Chamber) of 8 February 2018 — European Commission v Hellenic Republic
(Case C-590/16) (1)

((Failure of a Member State to fulfil obligations - Directive 2008/118/EC - Article 7 - General arrangements for excise duty - Supply of petroleum products, without charging excise duty - Filling stations at the border of the Hellenic Republic with third countries - Chargeability of excise duty - Concept of ‘release for consumption’ of excise goods - Concept of ‘departure from a duty suspension arrangement’))
(2018/C 123/05)
Language of the case: Greece

Parties


Applicant: European Commission (represented by: F. Tomat and A. Kyratsou, acting as Agents)

Defendant: Hellenic Republic (represented by: E.–M. Mamouna and M. Tassopoulou, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by adopting and retaining in force legislation allowing the sale of tax-exempted petroleum products by the filling stations of Katastimata Aforologiton Eidon AE at the border posts of Kipoi Evrou (Greece), Kakavia (Greece) and Evzonoi (Greece) which are all situated in regions bordering third countries, namely the Republic of Turkey, the Republic of Albania and the former Yugoslav Republic of Macedonia, the Hellenic Republic has failed to fulfil its obligations under Article 7(1) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC;










2.


Orders the Hellenic Republic to pay the costs






(1)  OJ C 30, 30.1.2017.
Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2018-02-08
Institutions: Council of the European Union
Subjects: Syria, economic sanctions, international sanctions, natural person








C_2018046EN.01000101.xml










8.2.2018   


EN


Official Journal of the European Union


C 46/1





Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
(2018/C 46/01)
The following information is brought to the attention of Mr Ali Ayyub (No 56), Mr Fahd Jasim (No 57), Mr Mohammed Ramez Tourjman (No 221) and Mr Ahmad al-Hamu (No 227), the persons appearing in Annex I to Council Decision 2013/255/CFSP (1) and in Annex II to Council Regulation (EU) No 36/2012 (2) concerning restrictive measures in view of the situation in Syria.
The Council intends to amend the statements of reasons of the abovementioned persons. Those persons are hereby informed that they may submit a request to the Council to obtain the intended statement of reasons before 12 February 2018, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu






(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 16, 19.1.2012, p. 1.
Information notice from the EFTA Surveillance Authority based on 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
Date: 2018-02-08
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, inland transport, services of general interest, transport regulations








C_2018046EN.01000301.xml










8.2.2018   


EN


Official Journal of the European Union


C 46/3





Information notice from the EFTA Surveillance Authority based on 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
(2018/C 46/03)






Member State


Norway




Route concerned


Værøy — Bodø v.v.




Original date of entry into force of the public service obligations


1 August 2014
(announced on 5 September 2013 in OJ C 256 and EEA Supplement No 50/2013)




Date of repeal


1 August 2019




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







Ministry of Transport and Communications




PO Box 8010 Dep




N-0030 Oslo




NORWAY




Tel. +47 22248353




Email: postmottak@sd.dep.no
Prior notification of a concentration (Case M.8778 — Apollo Management/Phoenix Services) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-02-08
Institutions: European Commission
Subjects: chemical industry, economic concentration, investment company, iron and steel industry, medical institution, merger control, packaging product, pleasure craft, provision of services, security services








C_2018046EN.01000601.xml










8.2.2018   


EN


Official Journal of the European Union


C 46/6





Prior notification of a concentration
(Case M.8778 — Apollo Management/Phoenix Services)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 46/07)






1.


On 2 February 2018, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Apollo Management, LP (‘Apollo’, United States),










—


Phoenix Services International LLC (‘Phoenix’, United States).




Apollo indirectly acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over the whole of Phoenix.
The concentration is accomplished by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Apollo: controls several investment funds investing globally in companies and debt in various businesses such as chemical, cruise line, hospital, security, financial services and glass packaging,
—   for Phoenix: provides services to steel producers such as handling, processing and sales of slag, as well as recovery and sizing of scrap metal to customer specifications.










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.8778 — Apollo Management/Phoenix Services
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: 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 C-383/17: Order of the President of the Court of 8 February 2018 — European Commission v Portuguese Republic
Date: 2018-02-08
Institutions: Court of Justice
Subjects: administrative check, administrative supervision, infringement procedure (EU), maritime safety, supervisory body, technical regulations, transport regulations








C_2018190EN.01002001.xml










4.6.2018   


EN


Official Journal of the European Union


C 190/20





Order of the President of the Court of 8 February 2018 — European Commission v Portuguese Republic
(Case C-383/17) (1)

(2018/C 190/33)
Language of the case: Portuguese
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 277, 21.8.2017.
Case C-181/17: Judgment of the Court (Tenth Chamber) of 8 February 2018 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road transport operator — Licence for public transport — Conditions for grant — Article 3(1) and (2) — Article 5(b) — Number of vehicles required — National legislation — Stricter conditions for grant — Higher minimum number of vehicles)
Date: 2018-02-08
Institutions: Court of Justice
Subjects: access to a profession, carrier, common transport policy, public transport, right of establishment, road transport, transport licence, vehicle








C_2018123EN.01000602.xml










9.4.2018   


EN


Official Journal of the European Union


C 123/6





Judgment of the Court (Tenth Chamber) of 8 February 2018 — European Commission v Kingdom of Spain
(Case C-181/17) (1)

((Failure of a Member State to fulfil obligations - Transport policy - Regulation (EC) No 1071/2009 - Road transport operator - Licence for public transport - Conditions for grant - Article 3(1) and (2) - Article 5(b) - Number of vehicles required - National legislation - Stricter conditions for grant - Higher minimum number of vehicles))
(2018/C 123/08)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: J. Hottiaux and J. Rius, acting as Agents)

Defendant: Kingdom of Spain (represented by: V. Ester Casas, acting as Agent)

Operative part of the judgment

The Court:






1.


Declares that, by requiring undertakings to have at least three vehicles in order to obtain a public transport licence, the Kingdom of Spain has failed to fulfil its obligations under Article 3(1) and (2) and Article 5(b) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 195, 19.6.2017.
Case T-118/17: Judgment of the General Court of 8 February 2018 — Institute for Direct Democracy in Europe v Parliament (Law governing the institutions — European Parliament — Decision awarding a grant to a political foundation for the financial year 2017 and providing for pre-financing at a rate of 33 % of the maximum grant amount and the obligation to provide a pre-financing bank guarantee — Action for annulment — Challengeable act — Admissibility — Obligation of impartiality — Rights of the defence — Financial regulation — Rules of application of the Financial Regulation — Regulation (EC) No 2004/2003 — Proportionality)
Date: 2018-02-08
Institutions: General Court
Subjects: financial aid, foundation, party financing, principle of proportionality, rights of the defence, suspension of aid








C_2018112EN.01003002.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/30





Judgment of the General Court of 8 February 2018 — Institute for Direct Democracy in Europe v Parliament
(Case T-118/17) (1)

((Law governing the institutions - European Parliament - Decision awarding a grant to a political foundation for the financial year 2017 and providing for pre-financing at a rate of 33 % of the maximum grant amount and the obligation to provide a pre-financing bank guarantee - Action for annulment - Challengeable act - Admissibility - Obligation of impartiality - Rights of the defence - Financial regulation - Rules of application of the Financial Regulation - Regulation (EC) No 2004/2003 - Proportionality))
(2018/C 112/39)
Language of the case: English

Parties


Applicant: Institute for Direct Democracy in Europe ASBL (IDDE) (Brussels, Belgium) (represented by: E. Plasschaert and É. Montens, lawyers)

Defendant: European Parliament (represented by: C. Burgos and S. Alves, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of European Parliament Decision FINS-2017-28 of 12 December 2016 concerning the award of a grant to the applicant in so far as that decision suspends the payment of that grant for the financial year 2017 and limits the pre-financing to 33 % of the maximum grant amount subject to the provision of a bank guarantee.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Institute for Direct Democracy in Europe ASBL (IDDE) to bear its own costs and to pay those incurred by the European Parliament, including those relating to the application for interim measures.






(1)  OJ C 121, 18.4.2017.
Information notice from the EFTA Surveillance Authority based on 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 — Establishment of public service obligations in respect of scheduled air services
Date: 2018-02-08
Institutions: EFTA Surveillance Authority
Subjects: Norway, air transport, inland transport, services of general interest, transport regulations








C_2018046EN.01000302.xml










8.2.2018   


EN


Official Journal of the European Union


C 46/3





Information notice from the EFTA Surveillance Authority based on 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
Establishment of public service obligations in respect of scheduled air services
(2018/C 46/04)






Member State


Norway




Route concerned


Værøy — Bodø v.v.




Date of entry into force of the public service obligations


1 August 2019




Address where the text and any relevant information and/or documentation related to the modified public service obligations can be obtained







Ministry of Transport and Communications




PO Box 8010 Dep




N-0030 OSLO




NORWAY




Tel. +47 22248353




Email: postmottak@sd.dep.no




https://www.regjeringen.no/en/find-document/id2000006/?documenttype=dokumenter/anbud