do-me/EUR-LEX huggingface dataset:
Case C-269/18 PPU: Order of the Court (First Chamber) of 5 July 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Veiligheid en Justitie v C and J, S v Staatssecretaris van Veiligheid en Justitie (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court of Justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 46(6) and (8) — Manifestly unfounded application for international protection — Right to an effective remedy — Authorisation to remain in the territory of a Member State — Directive 2008/115/EC — Articles 2, 3 and 15 — Illegal stay — Detention)
Date: 2018-07-05
Institutions: Court of Justice
Subjects: EU migration policy, appeal, foreign national, illegal migration, return migration, right of asylum








C_2018341EN.01000301.xml










24.9.2018   


EN


Official Journal of the European Union


C 341/3






Order of the Court (First Chamber) of 5 July 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Veiligheid en Justitie v C and J, S v Staatssecretaris van Veiligheid en Justitie
(Case C-269/18 PPU) (1)

((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Article 99 of the Rules of Procedure of the Court of Justice - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Article 46(6) and (8) - Manifestly unfounded application for international protection - Right to an effective remedy - Authorisation to remain in the territory of a Member State - Directive 2008/115/EC - Articles 2, 3 and 15 - Illegal stay - Detention))
(2018/C 341/03)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Appellants: Staatssecretaris van Veiligheid en Justitie, J, S

Respondents: C, Staatssecretaris van Veiligheid en Justitie

Operative part of the order

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals and Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection must be interpreted as meaning that a third-country national, whose application for international protection has been rejected at first instance by the competent administrative authority as being manifestly unfounded, cannot be detained with a view to his removal, in the case where, in accordance with Article 46(6) and (8) of Directive 2013/32, he is lawfully authorised to remain on the national territory until a decision has been taken on his action relating to the right to remain on that territory pending the ruling on the appeal brought against the decision which rejected his application for international protection.


(1)  OJ C 276, 6.8.2018.
European Parliament legislative resolution of 5 July 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Croatia (06986/2018 — C8-0164/2018 — 2018/0806(CNS))
Date: 2018-07-05
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Croatia, DNA, cross-frontier data flow, data protection, exchange of information, information system, personal data








C_2020118EN.01026601.xml










8.4.2020   


EN


Official Journal of the European Union


C 118/266






P8_TA(2018)0306
Launch of automated data exchange with regard to DNA data in Croatia *
European Parliament legislative resolution of 5 July 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Croatia (06986/2018 — C8-0164/2018 — 2018/0806(CNS))
(Consultation)
(2020/C 118/44)

The European Parliament,






—


having regard to the Council draft (06986/2018),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0164/2018),










—


having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,










—


having regard to Rule 78c of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0225/2018),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ L 210, 6.8.2008, p. 1.
Non-opposition to a notified concentration (Case M.8937 — Advent International/Zentiva) (Text with EEA relevance.)
Date: 2018-07-05
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, health care, investment company, leisure, mass media, merger control, pharmaceutical industry, retail trade, technology, telecommunications








C_2018244EN.01000101.xml










12.7.2018   


EN


Official Journal of the European Union


C 244/1





Non-opposition to a notified concentration
(Case M.8937 — Advent International/Zentiva)
(Text with EEA relevance)
(2018/C 244/01)
On 5 July 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8937. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-414/18: Action brought on 5 July 2018 — Hypo Vorarlberg Bank v SRB
Date: 2018-07-05
Institutions: General Court
Subjects: EU banking union, EU financial instrument, bank, equal treatment, payment, principle of legal certainty, principle of proportionality, right to justice, rights of the defence








C_2018301EN.01004202.xml










27.8.2018   


EN


Official Journal of the European Union


C 301/42






Action brought on 5 July 2018 — Hypo Vorarlberg Bank v SRB
(Case T-414/18)
(2018/C 301/57)
Language of the case: German

Parties


Applicant: Hypo Vorarlberg Bank AG (Bregenz, Austria) (represented by: G. Eisenberger, lawyer)

Defendant: Single Resolution Board (SRB)

Form of order sought

The applicant claims that the Court should:






—


annul the Decision of the Single Resolution Board of 12 April 2018 on the calculation of the 2018 ex ante contributions to the Single Resolution Fund (SRB/ES/SRF/2018/03), including the Annex thereto, in any event in so far as the contested decision, including the Annex thereto, concerns the contribution to be paid by the applicant; and










—


order the Single Resolution Board to pay the costs of the proceedings.





Pleas in law and main arguments

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






1.


Infringement of essential procedural requirements due to incomplete notification of the contested decision.










2.


Infringement of essential procedural requirements due to a failure to state sufficient reasons in the contested decision.










3.


Infringement of essential procedural requirements due to the absence of a hearing and the failure to observe the right to a fair hearing.










4.


Unlawfulness of Commission Delegated Regulation (EU) 2015/63 (1) as a basis for the contested decision.
In the context of the fourth plea in law, the applicant submits that Articles 4 to 7 and 9 of, as well as Annex I to, Delegated Regulation 2015/63 — provisions which form the basis for the contested decision — establish an opaque system for the setting of contributions, which is contrary to Articles 16, 17 and 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and pursuant to which compliance with Articles 20 and 21 of the Charter and observance of the principles of proportionality and legal certainty are not ensured.






(1)  Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).
New national side of euro coins intended for circulation
Date: 2018-07-05
Institutions: European Commission
Subjects: Latvia, commemoration, euro, issuing of currency




C_2018234EN.01000301.xml










5.7.2018   


EN


Official Journal of the European Union


C 234/3





New national side of euro coins intended for circulation
(2018/C 234/03)




National side of the new commemorative 2-euro coin intended for circulation and issued by Latvia

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Latvia


Subject of commemoration
: Zemgale


Description of the design
: The design shows the coat of arms of the region of Zemgale. At the top, the name of the issuing country ‘LATVIJA’ and at the bottom the inscription ‘ZEMGALE’. At the right hand side, the year of issuance ‘2018’.
The coin’s outer ring depicts the 12 stars of the European flag.


Estimated number of coins to be issued
: 


Date of issue
: Second half of 2018


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
New national side of euro coins intended for circulation
Date: 2018-07-05
Institutions: European Commission
Subjects: Portugal, commemoration, euro, issuing of currency




C_2018234EN.01000401.xml










5.7.2018   


EN


Official Journal of the European Union


C 234/4





New national side of euro coins intended for circulation
(2018/C 234/04)




National side of the new commemorative 2-euro coin intended for circulation and issued by Portugal

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Portugal


Subject of commemoration
: 250 years of the Ajuda Botanical Garden (‘Jardim Botânico da Ajuda’)


Description of the design
: The design shows a very old Dracaena tree that is in the Ajuda Botanical Garden premises and is a symbol of the garden. The Ajuda Botanical Garden is a Technological Support Unit of the Agronomy University. It plays the role of an infrastructure for education and research but is also open to the public. It was the first botanical garden in Portugal projected to preserve, study and collect the most numerous possible species from the plant world. At the top of the design, from left to right, in semi-circle, there is the inscription ‘250 ANOS JARDIM BOTÂNICO DA AJUDA’. At the bottom, from left to right, in semi-circle, there is the isncription ‘PORTUGAL 2018’. Right underneath the image of the trees, at the left side, there are the initials of the artist ‘J. FAZENDA’ and at the right side the mintmark ‘INCM’.
The coin’s outer ring depicts the 12 stars of the European flag.


Estimated number of coins to be issued
: 


Date of issue
: Second half of 2018


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).