do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2018/1610 of 25 October 2018 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
Date: 2018-10-25
Institutions: Council of the European Union
Subjects: EU restrictive measure, Moldova, economic sanctions, international sanctions, political figure




L_2018268EN.01004601.xml










26.10.2018   


EN


Official Journal of the European Union


L 268/46








            COUNCIL DECISION (CFSP) 2018/1610
of 25 October 2018
         
amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).












(2)


On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2019. The Council will carry out a review of the situation with regard to the restrictive measures after six months.












(3)


Decision 2010/573/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:


‘2.   This Decision shall apply until 31 October 2019. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.




Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 25 October 2018.


For the Council


The President

J. BOGNER-STRAUSS
            





(1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).
Case T-334/16 P: Judgment of the General Court of 25 October 2018 — FN and Others v CEPOL (Appeal – Civil service – Temporary staff – Transfer of CEPOL’s seat in Bramshill (United Kingdom) to Budapest (Hungary) – Reassignment of staff – Act not open to challenge – Inadmissibility of the action before the Civil Service Tribunal)
Date: 2018-10-25
Institutions: General Court
Subjects: reassignment, seat of institution, servant (EU), temporary employment, termination of employment








C_2019004EN.01002201.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/22






Judgment of the General Court of 25 October 2018 — FN and Others v CEPOL
(Case T-334/16 P) (1)

(Appeal - Civil service - Temporary staff - Transfer of CEPOL’s seat in Bramshill (United Kingdom) to Budapest (Hungary) - Reassignment of staff - Act not open to challenge - Inadmissibility of the action before the Civil Service Tribunal)
(2019/C 4/30)
Language of the case: English

Parties


Appellants: FN, FB, FQ (represented by: L. Levi and A. Blot, lawyers)

Other party to the proceedings: European Union Agency for Law Enforcement Training (represented by: initially by F. Bánfi and R. Woldhuis, and subsequently by R. Woldhuis and D. Schroeder, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 11 April 2016, FN and Others v CEPOL (F-41/15 DISS II, EU:F:2016:70) seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 11 April 2016, FN and Others v CEPOL (F-41/15 DISS II) in so far as it did not declare inadmissible the claims for annulment made by FN, FP and FQ;










2.


Dismisses the claims for annulment made by FN, FP and FQ before the Civil Service Tribunal in Case F-41/15 DISS II;










3.


Dismisses the appeal for the remainder;










4.


Orders FN, FP and FQ, on the one hand, and the European Union Agency for Law Enforcement Training (CEPOL), on the other hand, each to bear their own costs relating to the appeal proceedings and to the proceedings at first instance.






(1)  OJ C 305, 22.8.2016.
Case T-359/17: Judgment of the General Court of 25 October 2018 — Aldo Supermarkets v EUIPO — Aldi Einkauf (ALDI) (EU trade mark – Opposition procedure – Application for EU word mark ALDI – Earlier national figurative mark ALDO – Relative ground for refusal – Conditions governing admissibility of the opposition – Rule 15 of Regulation (EC) No 2868/95 (now Article 2 of Delegated Regulation (EU) 2018/625) – Conditions governing representation of the earlier mark – Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) – Lack of proof of genuine use of earlier mark – Article 42 of Regulation (EC) No 207/2009 (now Article 47 of Regulation (EU) 2017/1001))
Date: 2018-10-25
Institutions: General Court
Subjects: EU trade mark, advertising, registered trade mark, retail outlet, right to justice, supermarket, trade-mark law








C_2019004EN.01002701.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/27






Judgment of the General Court of 25 October 2018 — Aldo Supermarkets v EUIPO — Aldi Einkauf (ALDI)
(Case T-359/17) (1)

(EU trade mark - Opposition procedure - Application for EU word mark ALDI - Earlier national figurative mark ALDO - Relative ground for refusal - Conditions governing admissibility of the opposition - Rule 15 of Regulation (EC) No 2868/95 (now Article 2 of Delegated Regulation (EU) 2018/625) - Conditions governing representation of the earlier mark - Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) - Lack of proof of genuine use of earlier mark - Article 42 of Regulation (EC) No 207/2009 (now Article 47 of Regulation (EU) 2017/1001))
(2019/C 4/37)
Language of the case: English

Parties


Applicant: Aldo Supermarkets (Varna, Bulgaria) (represented initially by: C. Saettel, and subsequently by: T. Chevrier and M. Thewes, lawyers)

Defendant: European Union Intellectual Property Office (represented by: G. Sakalaite-Orlovskiene, A. Folliard-Monguiral and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lüzenrath, U. Rademacher, N. Bertram and C. Fürsen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 March 2017 (Case R 976/2016-4), concerning opposition proceedings between Aldo Supermarkets and Aldi Einkauf.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Aldo Supermarkets to pay the costs.






(1)  OJ C 249, 31.7.2017.
Case C-331/17: Judgment of the Court (Tenth Chamber) of 25 October 2018 (request for a preliminary ruling from the Corte d’appello di Roma — Italy) — Martina Sciotto v Fondazione Teatro dell’Opera di Roma (Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Measures to prevent the misuse of successive fixed-term employment contracts or relationships – National legislation excluding the application of those measures in the sector of activity of operatic and orchestral foundations)
Date: 2018-10-25
Institutions: Court of Justice
Subjects: artistic profession, framework agreement, temporary employment, work contract








C_2019004EN.01000401.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/4






Judgment of the Court (Tenth Chamber) of 25 October 2018 (request for a preliminary ruling from the Corte d’appello di Roma — Italy) — Martina Sciotto v Fondazione Teatro dell’Opera di Roma
(Case C-331/17) (1)

(Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 5 - Measures to prevent the misuse of successive fixed-term employment contracts or relationships - National legislation excluding the application of those measures in the sector of activity of operatic and orchestral foundations)
(2019/C 4/05)
Language of the case: Italian

Referring court

Corte d’appello di Roma

Parties to the main proceedings


Applicant: Martina Sciotto

Defendant: Fondazione Teatro dell’Opera di Roma

Operative part of the judgment

Clause 5 of the framework agreement on fixed-term work concluded on 18 March 1999, which is set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, pursuant to which the common law rules governing employment relationships and intended to penalise the misuse of successive fixed-term contracts by the automatic transformation of the fixed-term contract into a contract of indefinite duration if the employment relationship goes beyond a specific date are not applicable to the sector of activity of operatic and orchestral foundations, where there is no other effective measure in the domestic legal system penalising abuses identified in that sector.


(1)  OJ C 309, 18.9.2017.
Case T-603/18 R: Order of the President of the General Court of 25 October 2018 — ZE v Parliament (Interim measures — Civil service — Officials — Suspension of an official without the withholding of remuneration — Application for interim measures — Damage to reputation — No urgency)
Date: 2018-10-25
Institutions: General Court
Subjects: European official, Secretary General of an Institution, disciplinary proceedings, dismissal








C_2019044EN.01007502.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/75






Order of the President of the General Court of 25 October 2018 — ZE v Parliament
(Case T-603/18 R)
((Interim measures - Civil service - Officials - Suspension of an official without the withholding of remuneration - Application for interim measures - Damage to reputation - No urgency))
(2019/C 44/100)
Language of the case: French

Parties


Applicant: ZE (represented by: P. Yatagantzidis, lawyer)

Defendant: European Parliament (represented by: J. Steele and V. Montebello-Demogeot, acting as Agents)

Re:

Application under Articles 287 and 279 TFEU seeking (i) the suspension of the execution of the decision of the Secretary-General of the European parliament of 25 September 2018 adopting a fixed-term suspension measure without the withholding of remuneration against the applicant; and (ii) an order that the Parliament prevent and not repeat further ‘possible leaks in the media’ involving the applicant’s name, and requesting the applicant to withdraw all personal files from the information that supervisors have, where relevant, already collected in his office.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Council Implementing Regulation (EU) 2018/1606 of 25 October 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea
Date: 2018-10-25
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, trade restriction, vessel








L_2018268EN.01002001.xml










26.10.2018   


EN


Official Journal of the European Union


L 268/20








            COUNCIL IMPLEMENTING REGULATION (EU) 2018/1606
of 25 October 2018
         
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.












(2)


On 16 October 2018, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) designated three vessels for a port entry ban and for deflagging.












(3)


Annex XIV to Regulation (EU) 2017/1509 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex XIV to Regulation (EU) 2017/1509 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 October 2018.


For the Council


The President

J. BOGNER-STRAUSS
            





(1)  
            OJ L 224, 31.8.2017, p. 1.




ANNEX

1)   
In Annex XIV to Regulation (EU) 2017/1509, under the heading ‘B. Vessels which are prohibited entry into ports’, the following vessels are added to the list of vessels:








 


Vessel name


IMO number


Date of UN designation




‘34.



SHANG YUAN BAO

The merchant vessel M/V SHANG YUAN BAO engaged in a ship-to-ship transfer, likely for oil, with UN-designated DPRK vessel M/V PAEK MA on May 18, 2018. The SHANG YUAN BAO also engaged in a ship-to-ship transfer, likely for oil, with the DPRK vessel MYONG RYU 1 on June 2, 2018.


8126070


16.10.2018




35.



NEW REGENT

The M/V NEW REGENT engaged in a ship-to-ship transfer, likely for oil, with DPRK oil tanker KUM UN SAN 3 on June 7, 2018.


8312497


16.10.2018




36.



KUM UN SAN 3

The DPRK oil tanker KUM UN SAN 3 engaged in a ship-to-ship transfer, likely for oil, with the M/V NEW REGENT on June 7, 2018.


8705539


16.10.2018’
Case T-586/11: Order of the General Court of 25 October 2018 – Oppenheim v Commission (State aid — German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) — Decision declaring aid incompatible with the internal market — Annulment of the contested measure by the Court — Action which has become devoid of purpose — No need to adjudicate)
Date: 2018-10-25
Institutions: General Court
Subjects: Germany, State aid, company in difficulties, control of State aid, corporation tax, economic reconstruction, financial loss, tax relief








C_2019044EN.01004801.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/48






Order of the General Court of 25 October 2018 – Oppenheim v Commission
(Case T-586/11) (1)

((State aid - German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) - Decision declaring aid incompatible with the internal market - Annulment of the contested measure by the Court - Action which has become devoid of purpose - No need to adjudicate))
(2019/C 44/61)
Language of the case: German

Parties


Applicant: Sal. Oppenheim jr. & Cie AG & Co. KGaA (Cologne, Germany) (represented by: initially, W. Deselaers, J. Brückner and M. Haisch, then, T. Bernard, lawyers)

Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche, M. Adam and M. Noll-Ehlers, then, R. Lyal, T. Maxian Rusche and M. Noll Ehlers and finally, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).

Operative part of the order







1.


There is no need to adjudicate on the action;










2.


The European Commission is ordered to pay its own costs as well as those incurred by Sal. Oppenheim jr. & Cie AG & Co. KGaA;










3.


The Federal Republic of Germany is ordered to bear its own costs.






(1)  OJ C 25, 28.1.2012.
Case C-462/17: Judgment of the Court (Ninth Chamber) of 25 October 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Tänzer & Trasper GmbH v Altenweddinger Geflügelhof Kommanditgesellschaft (Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 110/2008 – Spirit drinks – Definition, description, presentation, labelling and the protection of geographical indications – Category 41 of Annex II – Egg liqueur – Definition – Exhaustive nature of the permissible components)
Date: 2018-10-25
Institutions: Court of Justice
Subjects: approximation of laws, consumer information, egg product, labelling, liqueur, marketing standard, product designation, spirits








C_2019004EN.01000701.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/7






Judgment of the Court (Ninth Chamber) of 25 October 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Tänzer & Trasper GmbH v Altenweddinger Geflügelhof Kommanditgesellschaft
(Case C-462/17) (1)

(Reference for a preliminary ruling - Approximation of laws - Regulation (EC) No 110/2008 - Spirit drinks - Definition, description, presentation, labelling and the protection of geographical indications - Category 41 of Annex II - Egg liqueur - Definition - Exhaustive nature of the permissible components)
(2019/C 4/09)
Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings


Applicant: Tänzer & Trasper GmbH

Defendant: Altenweddinger Geflügelhof Kommanditgesellschaft

Operative part of the judgment

Category 41 of Annex II to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, as amended by Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008, must be interpreted as meaning that, in order to be able to bear the sales denomination ‘egg liqueur’, a spirit drink cannot contain ingredients other than those mentioned in that provision.


(1)  OJ C 347, 16.10.2017.
Case C-528/17: Judgment of the Court (Ninth Chamber) of 25 October 2018 (request for a preliminary ruling from the Vrhovno sodišče — Slovenia) — Milan Božičevič Ježovnik v Republika Slovenija (Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 143(1)(d) – Exemption from import VAT – Importation followed by an intra-Community supply – Risk of tax evasion – Good faith of the taxable importer and supplier – Assessment – Duty of care of the taxable importer and supplier)
Date: 2018-10-25
Institutions: Court of Justice
Subjects: VAT, customs inspection, import (EU), intra-EU trade, tax evasion, tax exemption, taxpayer








C_2019004EN.01000802.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/8






Judgment of the Court (Ninth Chamber) of 25 October 2018 (request for a preliminary ruling from the Vrhovno sodišče — Slovenia) — Milan Božičevič Ježovnik v Republika Slovenija
(Case C-528/17) (1)

(Reference for a preliminary ruling - Value added tax (VAT) - Directive 2006/112/EC - Article 143(1)(d) - Exemption from import VAT - Importation followed by an intra-Community supply - Risk of tax evasion - Good faith of the taxable importer and supplier - Assessment - Duty of care of the taxable importer and supplier)
(2019/C 4/11)
Language of the case: Slovene

Referring court

Vrhovno sodišče

Parties to the main proceedings


Applicant: Milan Božičevič Ježovnik

Defendant: Republika Slovenija

Operative part of the judgment

Article 143(1)(d) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2009/69/EC of 25 June 2009, must be interpreted to the effect that, in circumstances where the taxable importer and supplier benefitted from an exemption from import value added tax on the basis of an authorisation issued after a prior examination by the competent customs authorities in the light of the evidence provided by that taxable person, the latter is not required to pay value added tax after the event where it is revealed, during a subsequent examination, that the substantive conditions for the exemption had not been met, except where it is established, in the light of objective evidence, that that taxable person knew, or should have known, that the supplies subsequent to the imports at issue were involved in fraud committed by the customer and that he did not take all reasonable steps in his power to avoid that fraud, which is a matter for the referring court to determine.


(1)  OJ C 374, 6.11.2017.
Non-opposition to a notified concentration (Case M.9119 — SEGRO/PSPIB/Warehouse) (Text with EEA relevance.)
Date: 2018-10-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, real estate business, storage








C_2018398EN.01000402.xml










5.11.2018   


EN


Official Journal of the European Union


C 398/4






Non-opposition to a notified concentration
(Case M.9119 — SEGRO/PSPIB/Warehouse)
(Text with EEA relevance)
(2018/C 398/08)
On 25 October 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 32018M9119. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.