do-me/EUR-LEX huggingface dataset:
Case C-537/16: Judgment of the Court (Grand Chamber) of 20 March 2018 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Garlsson Real Estate SA, in liquidation, Stefano Ricucci, Magiste International SA v Commissione Nazionale per le Società e la Borsa (Consob) (Reference for a preliminary ruling — Directive 2003/6/EC — Market manipulation — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative penalties — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions)
Date: 2018-03-20
Institutions: Court of Justice
Subjects: administrative procedure, administrative sanction, market abuse, penalty








C_2018166EN.01001201.xml










14.5.2018   


EN


Official Journal of the European Union


C 166/12





Judgment of the Court (Grand Chamber) of 20 March 2018 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Garlsson Real Estate SA, in liquidation, Stefano Ricucci, Magiste International SA v Commissione Nazionale per le Società e la Borsa (Consob)
(Case C-537/16) (1)

((Reference for a preliminary ruling - Directive 2003/6/EC - Market manipulation - Penalties - National legislation which provides for an administrative penalty and a criminal penalty for the same acts - Charter of Fundamental Rights of the European Union - Article 50 - Ne bis in idem principle - Criminal nature of the administrative penalties - Existence of the same offence - Article 52(1) - Limitations to the ne bis in idem principle - Conditions))
(2018/C 166/14)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicants: Garlsson Real Estate SA, in liquidation, Stefano Ricucci, Magiste International SA

Defendant: Commissione Nazionale per le Società e la Borsa (Consob)

Operative part of the judgment







1.


Article 50 of the Charter of Fundamental Rights of the European Union must be interpreted as precluding national legislation which permits the possibility of bringing administrative proceedings against a person in respect of unlawful conduct consisting in market manipulation for which the same person has already been finally convicted, in so far as that conviction is, given the harm caused to the company by the offence committed, such as to punish that offence in an effective, proportionate and dissuasive manner.










2.


The ne bis in idem principle guaranteed by Article 50 of the Charter of Fundamental Rights of the European Union confers on individuals a right which is directly applicable in the context of a dispute such as that at issue in the main proceedings.






(1)  OJ C 22, 23.1.2017.
Case C-187/16: Judgment of the Court (Grand Chamber) of 20 March 2018 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directives 92/50/EEC and 2004/18/EC — Public service contracts — State printing office — Production of identity documents and other official documents — Award of contracts to an undertaking governed by private law without a procurement procedure first being conducted — Special security measures — Protection of the essential interests of the Member States)
Date: 2018-03-20
Institutions: Court of Justice
Subjects: award of contract, identity document, official document, printing, public safety, services contract, services of general interest, tendering








C_2018166EN.01000401.xml










14.5.2018   


EN


Official Journal of the European Union


C 166/4





Judgment of the Court (Grand Chamber) of 20 March 2018 — European Commission v Republic of Austria
(Case C-187/16) (1)

((Failure of a Member State to fulfil obligations - Directives 92/50/EEC and 2004/18/EC - Public service contracts - State printing office - Production of identity documents and other official documents - Award of contracts to an undertaking governed by private law without a procurement procedure first being conducted - Special security measures - Protection of the essential interests of the Member States))
(2018/C 166/04)
Language of the case: German

Parties


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

Defendant: Republic of Austria (represented by: M. Fruhmann, acting as Agent)

Operative part of the judgment

The Court:






1.


Declares that, by having awarded, without an EU-wide call for tenders, service contracts for the production of chip passports, emergency passports, residence permits, identity cards, credit card-sized driving licences and credit card-sized vehicle registration certificates directly to Österreichische Staatsdruckerei GmbH and by maintaining national provisions which require contracting authorities to award those service contracts directly to that company, without an EU-wide call for tenders, the Republic of Austria has failed to fulfil its obligations under Article 4(2) and Article 8 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, read in conjunction with Articles 11 to 37 of that directive, and Article 14 and Article 20 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, read in conjunction with Articles 23 to 55 of that directive;










2.


Dismisses the action as to the remainder;










3.


Orders the Republic of Austria to bear its own costs and to pay four fifths of the costs of the European Commission, and the Commission to bear one fifth of its own costs.






(1)  OJ C 191, 30.5.2016.
Case T-196/18: Action brought on 20 March 2018 — Vital Capital Investments and Others v Council and Others
Date: 2018-03-20
Institutions: General Court
Subjects: Cyprus, Greece, aid system, bank deposit, company in difficulties, contractual liability, equal treatment, indemnification, interest, ownership








C_2018166EN.01004301.xml










14.5.2018   


EN


Official Journal of the European Union


C 166/43





Action brought on 20 March 2018 — Vital Capital Investments and Others v Council and Others
(Case T-196/18)
(2018/C 166/55)
Language of the case: English

Parties


Applicants: Vital Capital Investments LP (Tortola, British Virgin Islands) and 6 others (represented by: A. Markides, M. Ioannides, C. Velaris and C. Velaris, lawyers, A. Robertson, QC, and G. Rothschild, Barrister)

Defendants: Council of the European Union, European Commission, European Central Bank, Eurogroup (represented by the Council of the European Union) and European Union (represented by the European Commission)

Form of order sought

The applicants claim that the Court should:






—


order the defendants to pay the applicants the sums shown in the Schedule annexed to the application plus interest accruing from 26 March 2013 until the judgment of the Court, as compensation for damage suffered as a result of Eurogroup decisions concerning the resolution of Cyprus Popular Bank Public Co Ltd (‘Laiki Bank’), the bail-in of Bank of Cyprus Public Company Limited (‘Bank of Cyprus’) and the sale of assets and business of the said banks in Greece, and/or as a result of the provision of Emergency Liquidity Assistance to Laiki Bank with the consent of the European Central Bank and the subsequent transfer at the direction of the European Central Bank of the relevant liability to Bank of Cyprus;




or in the alternative:






—


declare that the defendants have incurred non-contractual liability and determine the procedure to be followed in order to establish the actual recoverable loss suffered by the applicants;




and in any event:






—


order that the defendants pay the applicants’ costs of the application.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law which are in essence identical or similar to those relied on in Case T-147/18, APG Intercon and Others v Council and Others.
Council Decision (EU, Euratom) 2018/488 of 20 March 2018 appointing a member, proposed by the Kingdom of Denmark, of the European Economic and Social Committee
Date: 2018-03-20
Institutions: Council of the European Union
Subjects: Denmark, European Economic and Social Committee, appointment of members








L_2018081EN.01001901.xml










23.3.2018   


EN


Official Journal of the European Union


L 81/19








            COUNCIL DECISION (EU, Euratom) 2018/488
of 20 March 2018
         
appointing a member, proposed by the Kingdom of Denmark, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


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


Having regard to the proposal of the Danish Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020. On 25 May 2016, by Council Decision (EU, Euratom) 2016/848 (3), Mr Mikkel DALSGAARD was replaced by Mr Klaus MATTHIESEN as a member.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Klaus MATTHIESEN,





HAS ADOPTED THIS DECISION:



Article 1
Mr Thomas HOELGAARD, International Secretary in the Confederation of Professionals (FTF) in Denmark, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.


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




Done at Brussels, 20 March 2018.


For the Council


The President

E. ZAHARIEVA
            





(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).

(3)  Council Decision (EU, Euratom) 2016/848 of 25 May 2016 appointing a member, proposed by the Kingdom of Denmark, of the European Economic and Social Committee (OJ L 141, 28.5.2016, p. 78).
Case T-134/17 R: Order of the President of the General Court of 20 March 2018 — Hércules Club de Fútbol v Commission (Interim proceedings — Access to documents — Documents relating to the administrative procedure prior to the adoption of a Commission decision on State aid implemented by Spain in favour of three professional football clubs — Rights of the defence — Refusal of access — Application for provisional measures — Lack of urgency)
Date: 2018-03-20
Institutions: General Court
Subjects: Community of Valencia, State aid, access to EU information, administrative procedure, control of State aid, disclosure of information, professional sport, provision of documents, reimbursement of aid, sports body








C_2018166EN.01003201.xml










14.5.2018   


EN


Official Journal of the European Union


C 166/32





Order of the President of the General Court of 20 March 2018 — Hércules Club de Fútbol v Commission
(Case T-134/17 R)
((Interim proceedings - Access to documents - Documents relating to the administrative procedure prior to the adoption of a Commission decision on State aid implemented by Spain in favour of three professional football clubs - Rights of the defence - Refusal of access - Application for provisional measures - Lack of urgency))
(2018/C 166/41)
Language of the case: Spanish

Parties


Applicant: Hércules Club de Fútbol, SAD (Alicante, Spain) (represented by: S. Rating and Y. Martínez Mata, lawyers)

Defendant: European Commission (represented initially by: B. Stromsky, G. Luengo and P. Němečková, and subsequently by: J. Baquero Cruz, G. Luengo and P. Němečková, acting as Agents)

Re:

Application on the basis of Articles 278 TFEU and 279 TFEU seeking an order that the Commission grant access to the documents in the file relating to State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) granted by Spain to Valencia Club de Fútbol, SAD, Hércules Club de Fútbol and Elche Club de Fútbol, SAD, in so far as they concern the applicant and fundamental to the proper defence of its interests.

Operative part of the order







1.


The application for interim measures is rejected.










2.


The costs are reserved.
Case T-272/17: Judgment of the General Court of 20 March 2018 — Webgarden v EUIPO (Dating Bracelet) (EU trade mark — Application for EU figurative mark Dating Bracelet — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Previous EUIPO practice — Equal treatment — Legal certainty)
Date: 2018-03-20
Institutions: General Court
Subjects: EU trade mark, Internet site, consultancy, data processing, electronic device, human relations, provision of services, registered trade mark, software, trade-mark law








C_2018161EN.01005002.xml










7.5.2018   


EN


Official Journal of the European Union


C 161/50





Judgment of the General Court of 20 March 2018 — Webgarden v EUIPO (Dating Bracelet)
(Case T-272/17) (1)

((EU trade mark - Application for EU figurative mark Dating Bracelet - Absolute ground for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) - Previous EUIPO practice - Equal treatment - Legal certainty))
(2018/C 161/56)
Language of the case: Hungarian

Parties


Applicant: Webgarden Szolgáltató és Kereskedelmi Kft. (Budapest, Hungary) (represented by: G. Jambrik, lawyer)

Defendant: European Union Intellectual Property Office (represented by: P. Sipos, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 March 2017 (Case R 658/2016-5), concerning an application for registration of the figurative sign Dating Bracelet as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Webgarden Szolgáltató és Kereskedelmi Kft. to pay the costs.






(1)  OJ C 231, 17.7.2017.
Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2018-03-20
Institutions: Council of the European Union
Subjects: EU restrictive measure, Syria, economic sanctions, international sanctions, natural person, trade restriction








C_2018105EN.01000101.xml










20.3.2018   


EN


Official Journal of the European Union


C 105/1





Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
(2018/C 105/01)
The following information is brought to the attention of the persons designated in Annex I to Council Decision 2013/255/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2018/421 (2), and in Annex II to Council Regulation (EU) No 36/2012 (3), as implemented by Council Implementing Regulation (EU) 2018/420 (4), concerning restrictive measures in view of the situation in Syria.
The Council of the European Union has decided that the persons that appear in the above mentioned Annexes should be included in the list of persons and entities in Annex I to Decision 2013/255/CFSP and Annex II to Regulation (EU) No 36/2012. The grounds for designation of those persons appear in the relevant entries in those Annexes.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex III to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, before 3 April 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




Any observations received will be taken into account for the purpose of the Council’s next review, pursuant to Article 34 of Decision 2013/255/CFSP and Article 32(4) of Regulation (EU) No 36/2012, of the list of designated persons and entities.
The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 147, 1.6.2013, p. 14.

(2)  OJ L 75 I, 19.3.2018, p. 3.

(3)  OJ L 16, 19.1.2012, p. 1.

(4)  OJ L 75 I, 19.3.2018, p. 1.