do-me/EUR-LEX huggingface dataset:
Case C-241/17 P: Order of the Court (Tenth Chamber) of 12 September 2018 — Holistic Innovation Institute, SLU v Research Executive Agency (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Projects financed by the European Union in the area of research — Seventh Framework programme for research and technological development (2007-2013) — Inachus and ZONeSEC projects — Decision not to allow the appellant to take part — Action for annulment and declaration of liability)
Date: 2018-09-12
Institutions: Court of Justice
Subjects: Framework Programme for Research and Development, audit, damages, indemnification, research project, technological change








C_2018408EN.01003401.xml










12.11.2018   


EN


Official Journal of the European Union


C 408/34






Order of the Court (Tenth Chamber) of 12 September 2018 — Holistic Innovation Institute, SLU v Research Executive Agency
(Case C-241/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Projects financed by the European Union in the area of research - Seventh Framework programme for research and technological development (2007-2013) - Inachus and ZONeSEC projects - Decision not to allow the appellant to take part - Action for annulment and declaration of liability))
(2018/C 408/44)
Language of the case: Spanish

Parties


Appellant: Holistic Innovation Institute, SLU (represented by: J.J. Marín López, abogado)

Other party to the proceedings: Research Executive Agency (represented by: S. Payan-Lagrou, V. Canetti, acting as Agents, and J. Rivas Andrés, abogado)

Operative part of the order







1.


The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.










2.


Holistic Innovation Institute SLU shall pay the costs.






(1)  OJ C 221, 10.7.2017.
Case C-69/17: Judgment of the Court (Seventh Chamber) of 12 September 2018 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Siemens Gamesa Renewable Energy România SRL, formerly Gamesa Wind România SRL v Agenţia Naţională de Administrare Fiscală — Direcţia Generală de Soluţionare a Contestaţiilor, Agenţia Naţională de Administrare Fiscală — Direcţia Generală de Administrare a Marilor Contribuabili (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Right of deduction — Acquisitions made by a taxpayer declared ‘inactive’ by the tax authorities — Refusal of the right of deduction — Principles of proportionality and neutrality of VAT)
Date: 2018-09-12
Institutions: Court of Justice
Subjects: VAT, principle of proportionality, tax authorities, tax relief, tax return, taxpayer








C_2018408EN.01001401.xml










12.11.2018   


EN


Official Journal of the European Union


C 408/14






Judgment of the Court (Seventh Chamber) of 12 September 2018 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Siemens Gamesa Renewable Energy România SRL, formerly Gamesa Wind România SRL v Agenţia Naţională de Administrare Fiscală — Direcţia Generală de Soluţionare a Contestaţiilor, Agenţia Naţională de Administrare Fiscală — Direcţia Generală de Administrare a Marilor Contribuabili
(Case C-69/17) (1)

((Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Right of deduction - Acquisitions made by a taxpayer declared ‘inactive’ by the tax authorities - Refusal of the right of deduction - Principles of proportionality and neutrality of VAT))
(2018/C 408/15)
Language of the case: Romanian

Referring court

Curtea de Apel Bucureşti

Parties to the main proceedings


Appellant: Siemens Gamesa Renewable Energy România SRL, formerly Gamesa Wind România SRL

Respondents: Agenţia Naţională de Administrare Fiscală — Direcţia Generală de Soluţionare a Contestaţiilor, Agenţia Naţională de Administrare Fiscală — Direcţia Generală de Administrare a Marilor Contribuabili

Operative part of the judgment

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2010/45/EU of 13 July 2010, in particular Articles 213, 214 and 273 thereof, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which it is permissible for the tax authorities to refuse, on account of a failure to submit tax returns, a taxable person which has made acquisitions in the period during which its value added tax identification number was revoked the right to deduct value added tax on those acquisitions using value added tax returns filed — or invoices issued — after the reactivation of its identification number, on the sole ground that those acquisitions took place in the period during which its value added tax identification number was de-activated and where the substantive requirements have been satisfied and the right of deduction is not being invoked fraudulently or abusively.


(1)  OJ C 144, 8.5.2017.
Information communicated by Member States regarding closure of fisheries
Date: 2018-09-12
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Mediterranean Sea, Portugal, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018322EN.01000202.xml










12.9.2018   


EN


Official Journal of the European Union


C 322/2






Information communicated by Member States regarding closure of fisheries
(2018/C 322/03)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


1.8.2018




Duration


1.8.2018 – 31.12.2018




Member State


Portugal




Stock or Group of stocks


BFT/AE45WM




Species


Bluefin tuna (Thunnus Thynnus)




Zone


Atlantic Ocean, east of 45° W, and Mediterranean




Type(s) of fishing vessels


—




Reference number


16/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Joined Cases C-208/17 P to C-210/17 P: Order of the Court (First Chamber) of 12 September 2018 — NF (C-208/17 P), NG (C-209/17 P), NM (C-210/17 P) v European Council (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU-Turkey statement of the European Council of 18 March 2016 — Application for annulment)
Date: 2018-09-12
Institutions: Court of Justice
Subjects: Türkiye, agreement (EU), aid to refugees, jurisdiction, migration, right of asylum








C_2018399EN.01001301.xml










5.11.2018   


EN


Official Journal of the European Union


C 399/13






Order of the Court (First Chamber) of 12 September 2018 — NF (C-208/17 P), NG (C-209/17 P), NM (C-210/17 P) v European Council
(Joined Cases C-208/17 P to C-210/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU-Turkey statement of the European Council of 18 March 2016 - Application for annulment))
(2018/C 399/16)
Language of the case: English

Parties


Appellants: NF (C-208/17 P), NG (C-209/17 P), NM (C-210/17 P) (represented by: P. O’Shea, Barrister-at-Law, I. Whelan, Barrister-at-Law, and B. Burns, Solicitor)

Other party to the proceedings: European Council (represented by: S. Boelaert, M. Chavrier and J.-P. Hix, acting as Agents)

Intervener in support of the defendant: Hellenic Republic (represented by: M. Michelogiannaki and G. Karipsiadis, acting as Agents)

Operative part of the order







1.


The appeals are dismissed as being manifestly inadmissible.










2.


NF, NG and NM shall pay the costs.






(1)  OJ C 231, 17.7.2017.
Case T-788/16: Judgment of the General Court of 12 September 2018 — De Geoffroy and Others v Parliament. (Civil service — Officials — Leave — Adoption of the Parliament’s new Guidelines on leave management — Individual decisions taken under the new guidelines in the interpretation services — Obligation to state reasons — Manifest error of assessment — Interests of the service — Plea of illegality)
Date: 2018-09-12
Institutions: General Court
Subjects: equal treatment, information profession, interpreting, principle of proportionality, rest period, staff regulations, worker consultation








C_2018381EN.01002101.xml










22.10.2018   


EN


Official Journal of the European Union


C 381/21






Judgment of the General Court of 12 September 2018 — De Geoffroy and Others v Parliament.
(Case T-788/16) (1)

((Civil service - Officials - Leave - Adoption of the Parliament’s new Guidelines on leave management - Individual decisions taken under the new guidelines in the interpretation services - Obligation to state reasons - Manifest error of assessment - Interests of the service - Plea of illegality))
(2018/C 381/23)
Language of the case: French

Parties


Applicants: Dominique De Geoffroy (Brussels, Belgium) and the 14 other applicants whose names are annexed to the judgment (represented initially by N. de Montigny and J.-N. Louis, and subsequently by N. de Montigny, lawyers)

Defendant: European Parliament (represented by: E. Taneva and L. Deneys, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking the annulment, first, of Parliament’s guidelines of 21 March 2016 on the implementation, for interpretation services, of Article 4(5) of the internal rules on leave management; secondly, of Parliament’s decision of 12 April 2016 accepting Ms Françoise Joostens’ application for leave, but including the requested days of leave within a quota of three and a half days; thirdly, of Parliament’s decision of 2 June 2016 refusing to grant leave applied for by Mrs Joostens and, fourthly, of the Parliament’s decision of 13 June 2016 refusing to grant leave applied for by Mr Stéphane Grosjean.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Parliament of 13 June 2016 refusing to grant leave applied for by Mr Stéphane Grosjean.










2.


Dismisses the remainder of the action.










3.


Orders each party to bear its own costs.






(1)  OJ C 14, 16.1.2017.
Case T-55/17: Judgment of the General Court of 12 September 2018 — Healy v Commission (Civil service — Contract staff — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to length of service within the Commission — Non-admission to the assessment tests in a competition)
Date: 2018-09-12
Institutions: General Court
Subjects: assistant, competition (EU), recruitment, seniority, servant (EU)








C_2018381EN.01002201.xml










22.10.2018   


EN


Official Journal of the European Union


C 381/22






Judgment of the General Court of 12 September 2018 — Healy v Commission
(Case T-55/17) (1)

((Civil service - Contract staff - Recruitment - Internal competition - Constitution of a reserve list for the recruitment of assistants - Eligibility condition relating to length of service within the Commission - Non-admission to the assessment tests in a competition))
(2018/C 381/25)
Language of the case: French

Parties


Applicant: John Morrison Healy (Celbridge, Ireland) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: G. Berscheid and L. Radu Bouyon, acting as Agents)

Re:

Action pursuant to Article 270 TFEU seeking annulment of the decision of the selection board for internal competition COM/02/AST/16 (AST 2) rejecting the applicant’s candidature.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr John Morrison Healy to pay the costs.






(1)  OJ C 112, 10.4.2017.
Case T-79/17: Judgment of the General Court of 12 September 2018 — Schoonjans v Commission (Civil service — Contract staff — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to the function group to which the candidate belongs on the date of expiry of the deadline for submitting applications — Non-admission to the tests in a competition)
Date: 2018-09-12
Institutions: General Court
Subjects: competition (EU), indemnification, servant (EU), staff regulations








C_2018392EN.01002402.xml










29.10.2018   


EN


Official Journal of the European Union


C 392/24






Judgment of the General Court of 12 September 2018 — Schoonjans v Commission
(Case T-79/17) (1)

((Civil service - Contract staff - Recruitment - Internal competition - Constitution of a reserve list for the recruitment of assistants - Eligibility condition relating to the function group to which the candidate belongs on the date of expiry of the deadline for submitting applications - Non-admission to the tests in a competition))
(2018/C 392/29)
Language of the case: French

Parties


Applicant: Alain Schoonjans (Brussels, Belgium) (represented by: S Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: G. Berscheid and L. Radu Bouyon, acting as agents)

Re:

Application on the basis of Article 270 TFEU seeking, first, the annulment of the decision of the jury of internal competition COM/02/AST/16 (AST 2) rejecting the application of the applicant and, second, compensation for the damage he allegedly suffered.

Operative part of the judgment

The Court:






1.


Annuls the decision of the jury of internal competition COM/02/AST/16 (AST 2) rejecting the application of Mr Alain Schoonjans;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission to bear the costs.






(1)  OJ C 112, 10.4.2017.
Case T-112/17: Judgment of the General Court of 12 September 2018 — Pelikan v EUIPO — NBA Properties (NEW ORLEANS PELICANS) (EU trade mark — Opposition proceedings — Application for EU figurative mark NEW ORLEANS PELICANS — Earlier EU word marks and earlier national figurative mark Pelikan — Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
Date: 2018-09-12
Institutions: General Court
Subjects: EU trade mark, clothing, gift item, professional sport, registered trade mark, sports body, sports equipment, trade-mark law








C_2018381EN.01002301.xml










22.10.2018   


EN


Official Journal of the European Union


C 381/23






Judgment of the General Court of 12 September 2018 — Pelikan v EUIPO — NBA Properties (NEW ORLEANS PELICANS)
(Case T-112/17) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark NEW ORLEANS PELICANS - Earlier EU word marks and earlier national figurative mark Pelikan - Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001))
(2018/C 381/26)
Language of the case: English

Parties


Applicant: Pelikan Vertriebsgesellschaft mbH & Co. KG (Hanover, Germany) (represented by: U. Hildebrandt, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: NBA Properties, Inc. (New York, New York, United States) (represented initially by: M. Chapple, and subsequently by T. Elias, Barristers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 December 2016 (Case R 408/2016-4), concerning opposition proceedings between Pelikan Vertriebsgesellschaft and NBA Properties.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Pelikan Vertriebsgesellschaft mbH & Co. KG to pay the costs.






(1)  OJ C 129, 24.4.2017.
Prior notification of a concentration (Case M.8977 — Lone Star Funds/Imerys TC) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-09-12
Institutions: European Commission
Subjects: building materials, economic concentration, investment company, merger control








C_2018322EN.01001801.xml










12.9.2018   


EN


Official Journal of the European Union


C 322/18






Prior notification of a concentration
(Case M.8977 — Lone Star Funds/Imerys TC)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 322/08)

1.   
On 30 August 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


LSF10 Impala Investments SARL (Luxembourg), controlled by Lone Star Fund X (United States) (together ‘Lone Star Funds’),










—


Imerys TC, société par actions simplifiée (‘Imerys’, France), controlled by Imerys SA (France).




Lone Star Funds acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Imerys. The concentration is accomplished by way of purchase of assets.


2.   
The business activities of the undertakings concerned are:
—   for Lone Star Funds: as a private equity firm, investing in real estate, equity, credit and other financial assets around the world,
—   for Imerys: designing and providing roofing products including clay and terracotta tiles, photovoltaic solutions, thermal roofing and accessories, serving individuals, professionals, and construction companies, almost exclusively in France.


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 the 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.8977 — Lone Star Funds/Imerys TC
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-601/17: Judgment of the Court (Eighth Chamber) of 12 September 2018 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — Dirk Harms and Others v Vueling Airlines SA (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 8(1) — Reimbursement of the price of a ticket in the event of cancellation of a flight — Commission collected by a person acting as an intermediary between the passenger and the air carrier when the ticket was bought — Included)
Date: 2018-09-12
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, indemnification, ticket, trade intermediary, traveller








C_2018408EN.01003101.xml










12.11.2018   


EN


Official Journal of the European Union


C 408/31






Judgment of the Court (Eighth Chamber) of 12 September 2018 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — Dirk Harms and Others v Vueling Airlines SA
(Case C-601/17) (1)

((Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 8(1) - Reimbursement of the price of a ticket in the event of cancellation of a flight - Commission collected by a person acting as an intermediary between the passenger and the air carrier when the ticket was bought - Included))
(2018/C 408/40)
Language of the case: German

Referring court

Amtsgericht Hamburg

Parties to the main proceedings


Applicants: Dirk Harms, Ann-Kathrin Harms, Nick-Julius Harms, Tom-Lukas Harms, Lilly-Karlotta Harms, Emma-Matilda Harms

Defendant: Vueling Airlines SA

Operative part of the judgment

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, and in particular Article 8(1)(a) thereof, must be interpreted as meaning that the price of the ticket to be taken into consideration for the purposes of determining the reimbursement owed by the air carrier to a passenger in the event of cancellation of a flight includes the difference between the amount paid by that passenger and the amount received by the air carrier, which corresponds to a commission collected by a person acting as an intermediary between those two parties, unless that commission was set without the knowledge of the air carrier, which it is for the referring court to ascertain.


(1)  OJ C 22, 22.1.2018.
Prior notification of a concentration (Case M.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (JV)) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-09-12
Institutions: European Commission
Subjects: economic concentration, engineering structure, maintenance, merger control








C_2018322EN.01001601.xml










12.9.2018   


EN


Official Journal of the European Union


C 322/16






Prior notification of a concentration
(Case M.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (JV))
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 322/07)

1.   
On 30 August 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Vossloh, AG (‘Vossloh’, Germany),










—


Rhomberg Sersa Rail Holding, GmbH (‘Rhomberg Sersa’, Austria),










—


Rhomberg Sersa Vossloh, GmbH (‘RSV’, Germany).




Vossloh – through its wholly-owned subsidiary Vossloh Rail Services GmbH (Germany) — and Rhomberg Sersa acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of RSV. The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Vossloh: manufacture of rail infrastructure and rail technology; production of rail fastening systems, switch systems and signal systems, including the provision of related services,
—   for Rhomberg Sersa: full-service provider in the field of railway technology, railway construction and equipment; track construction, renewal and maintenance, railway power supply, communications technology and related services,
—   for RSV: inspection and maintenance services for switches for industrial railways and local transport.


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 the 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.8236 — Vossloh Rail Services/Rhomberg Sersa Rail Holding/Rhomberg Sersa Vossloh (JV)
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.