do-me/EUR-LEX huggingface dataset:
Case T-567/16: Judgment of the General Court of 23 October 2018 — McCoy v Committee of the Regions (Civil Service — Officials — Social security — Occupational disease — Occupational origin of the disease — Fifth paragraph of Article 78 of the Staff Regulations — Invalidity Committee — Obligation to state reasons — Manifest error of assessment — Liability — Non-material damage)
Date: 2018-10-23
Institutions: General Court
Subjects: European official, incapacity for work, indemnification, occupational disease, social security, staff regulations (EU)








C_2018436EN.01003602.xml










3.12.2018   


EN


Official Journal of the European Union


C 436/36






Judgment of the General Court of 23 October 2018 — McCoy v Committee of the Regions
(Case T-567/16) (1)

((Civil Service - Officials - Social security - Occupational disease - Occupational origin of the disease - Fifth paragraph of Article 78 of the Staff Regulations - Invalidity Committee - Obligation to state reasons - Manifest error of assessment - Liability - Non-material damage))
(2018/C 436/50)
Language of the case: French

Parties


Applicant: Robert McCoy (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: Committee of the Regions (represented by: J. C. Cañoto Argüelles and S. Bachotet, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application based on Article 270 TFEU and seeking, first, annulment of the decision of the Committee of the Regions of 2 December 2014 confirming the conclusions of the Invalidity Committee of 7 May 2014 by which it rejected the applicant’s request to recognise the occupational origin of the disease from which he is suffering and, secondly, to compensate for the non-material damage of EUR 25 000 which the applicant allegedly suffered.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Bureau of the Committee of the Regions of 2 December 2014 refusing to recognise the occupational origin of the disease resulting in Mr Robert McCoy's invalidity within the meaning of the fifth paragraph of Article 78 of the Staff Regulations.










2.


Orders the Committee of the Regions to pay Mr McCoy the sum of EUR 5 000.










3.


Orders the Committee of the Regions is to pay the costs.






(1)  OJ C 7 of 11.1.2016 (case initially registered before the European Union Civil Service Tribunal under Case No F-139/15 and transferred to the General Court of the European Union on 1.9.2016).
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (12389/2017 — C8-0173/2018 — 2017/0169(NLE))
Date: 2018-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Bahamas, EU visa policy, Schengen Agreement, agreement (EU), external border of the EU, foreign national, ratification of an agreement, revision of an agreement








C_2020345EN.01011001.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/110






P8_TA(2018)0388
EU-Bahamas Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (12389/2017 — C8-0173/2018 — 2017/0169(NLE))
(Consent)
(2020/C 345/23)

The European Parliament,






—


having regard to the draft Council decision (12389/2017),










—


having regard to the draft agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (12388/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0173/2018),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0304/2018),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Commonwealth of the Bahamas.
Case C-662/18: Request for a preliminary ruling from the Conseil d’État (France) lodged on 23 October 2018 — AQ v Ministre de l’Action et des Comptes publics
Date: 2018-10-23
Institutions: Court of Justice
Subjects: basis of tax assessment, capital gains tax, securities, tax law, tax relief








C_2019004EN.01001801.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/18






Request for a preliminary ruling from the Conseil d’État (France) lodged on 23 October 2018 — AQ v Ministre de l’Action et des Comptes publics
(Case C-662/18)
(2019/C 4/24)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: AQ

Defendant: Ministre de l’Action et des Comptes publics

Questions referred







—


Must the provisions of Article 8 of the Directive of 19 October 2009 (1) be interpreted as precluding different bases of assessment and rate rules being used to tax the capital gain arising on a transfer of securities received in exchange and the deferred capital gain?










—


Must those provisions be interpreted in particular as precluding a situation in which reductions of the basis of assessment intended to take into account the period for which securities have been held do not apply to the deferred capital gain, having regard to the fact that that basis of assessment rule did not apply on the date on which the capital gain arose, but they do apply to the capital gain on a transfer of the securities received in exchange, taking into account the date of the exchange instead of the date on which the securities given in exchange were acquired?






(1)  Council Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States (OJ 2009 L 310, p. 34).
Case T-632/18: Action brought on 23 October 2018 — ZM and Others v Council
Date: 2018-10-23
Institutions: General Court
Subjects: European official, allowances and expenses, children's rights, equal treatment, health expenditure, pay, principle of legal certainty, principle of proportionality, right to education, school fees








C_2018455EN.01003201.xml










17.12.2018   


EN


Official Journal of the European Union


C 455/32






Action brought on 23 October 2018 — ZM and Others v Council
(Case T-632/18)
(2018/C 455/42)
Language of the case: French

Parties


Applicants: ZM, ZN and ZO (represented by: N. de Montigny, lawyer)

Defendant: European Council

Form of order sought

The applicants claim that the Court should:






—


annul the decisions adversely affecting the applicants individually, consisting of the decisions of the appointing authority not to reimburse them for their school fees for the year 2017/2018 which came about in a number of ways depending on the individual circumstances of each of the applicants;






—


either through an individual decision (more specifically an e-mail) specifying in detail the refusal of the reimbursement;










—


or by the use of the word ‘processed’ in their Sysper and considered by the applicant to be a rejection decision, given that the subsequent wage slip for the following month (at the earliest on the 10th, since that is the date when the pay slips are issued) contains no reimbursement or only a reimbursement for transport costs;














—


order the defendant to pay the costs.





Pleas in law and main arguments

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






—


First plea in law, alleging infringement of Article 3(1) of Annex VII to the Staff Regulations of Officials of the European Union and the general implementing provisions for the reimbursement of medical expenses, in that the defendant’s change of interpretation infringed acquired rights, legitimate expectations, legal certainty and the principle of sound administration.










—


Second plea in law, alleging infringement of the rights of the child, the right to family life and the right to education.










—


Third plea in law, alleging infringement of the principles of equal treatment and of non-discrimination;










—


Fourth plea in law, alleging that there was no effective weighing-up of the applicants’ interests and that there was a failure to observe the principle of proportionality which vitiated the contested decision.
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (12396/2017 — C8-0177/2018 — 2017/0167(NLE))
Date: 2018-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU visa policy, Mauritius, Schengen Agreement, agreement (EU), external border of the EU, foreign national, ratification of an agreement, revision of an agreement








C_2020345EN.01011101.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/111






P8_TA(2018)0389
EU-Mauritius Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (12396/2017 — C8-0177/2018 — 2017/0167(NLE))
(Consent)
(2020/C 345/24)

The European Parliament,






—


having regard to the draft Council decision (12396/2017),










—


having regard to the draft agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (12395/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0177/2018),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0303/2018),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Mauritius.
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (12399/2017 — C8-0172/2018– 2017/0168(NLE))
Date: 2018-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU visa policy, Schengen Agreement, Seychelles, agreement (EU), external border of the EU, foreign national, ratification of an agreement, revision of an agreement








C_2020345EN.01011501.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/115






P8_TA(2018)0393
EU-Seychelles Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (12399/2017 — C8-0172/2018– 2017/0168(NLE))
(Consent)
(2020/C 345/28)

The European Parliament,






—


having regard to the draft Council decision (12399/2017),










—


having regard to the draft agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (12398/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0172/2018),










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A8-0302/2018),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Seychelles.
European Parliament legislative resolution of 23 October 2018 on the draft Council regulation amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union (14463/2017 — C8-0412/2018 — 2017/0039(APP))
Date: 2018-10-23
Institutions: Committee on Legal Affairs, European Parliament
Subjects: EU Official Journal, EU publication, Internet site, electronic publishing, electronic signature








C_2020345EN.01010301.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/103






P8_TA(2018)0387
Electronic publication of the Official Journal of the European Union ***
European Parliament legislative resolution of 23 October 2018 on the draft Council regulation amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union (14463/2017 — C8-0412/2018 — 2017/0039(APP))
(Special legislative procedure — consent)
(2020/C 345/19)

The European Parliament,






—


having regard to the draft Council regulation (14463/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 352 of the Treaty on the Functioning of the European Union (C8-0412/2018),










—


having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,










—


having regard to Rule 99(1) and (4) and Rule 39 of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Legal Affairs (A8-0323/2018),












1.


Gives its consent to the draft Council regulation;












2.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.